/raid1/www/Hosts/bankrupt/TCR

/raid1/www/Hosts/bankrupt/TCR_Public/191125.mbx T R O U B L E D C O M P A N Y R E P O R T E R Monday, November 25, 2019, Vol. 23, No. 328 Headlines 160 ROYAL PALM: Solicitation Period Extended Through Dec. 19 2200 NORTH ASHLAND: Taps Liston & Tsantilis as Special Counsel 2737 W. FULTON: Hires Weissberg and Associates as Counsel 293 FRANKLIN: Western Ball Approved as Bankruptcy Counsel 4921 12TH AVENUE: Seeks to Hire Alla Kachan as New Counsel ABSOLUT FACILITIES: Seeks to Hire Loeb & Loeb as Counsel ABUNDANT TRAINING: Seeks to Hire Boyle & Valenti as Counsel AIR FORCE VILLAGE: Altavita Village Buyer Responds to PCO Report ALEXIS SANTOS: Court Orders Patient Care Ombudsman ALLISON TRANSPORTATION: Unsec. Creditors to Recover 5% Under Plan AMERICAN WORKERS INSURANCE: Taps Verde Law Firm as Special Counsel ANTOINE GARDINER: Philadelphia Wants Trustee to Take Over Estate ARLEN HOUSE: Exclusivity Period Extended Until Dec. 20 AURORA COMMERCIAL: Exclusivity Period Extended to Jan. 19 AVA HOSPITALITY: Voluntary Chapter 11 Case Summary AVEANNA HEALTHCARE: Moody's Affirms B3 CFR, Outlook Stable BEIGNET INC: Seeks to Hire Courtney Davy as Counsel BERNSOHN & FETNER: Wants March 6, 2020 to File Plan & Disclosure BLACKHAWK MINING: Professional Fee Claims Due Dec. 16 BLUE WATER POWERBOATS: UST's Dismissal/Conversion Bid Denied BUMBLE BEE: Case Summary & 20 Largest Unsecured Creditors CAMPUS EDGE: Amends Plan to Resolve Arlington Properties' Claim CENTER CITY HEALTHCARE: Exclusivity Period Extended Until Feb. 25 CHIFLEZ CORP: Unsecured Creditors to Recover 5% to 9% in Plan CONCORD AUTO: Hires Global Real Estate as Real Estate Broker CONSOLIDATED LAND: Seeks to Extend Exclusivity Period to April 30 COOL HOLDINGS: Extends Maturity of $1M Notes Until Nov. 30 COOL HOLDINGS: Incurs $3.32 Million Net Loss in Third Quarter CREW ENERGY: DBRS Confirms B Issuer Rating, Trend Stable CRUISING GUIDE: Court Confirms Amended Reorganization Plan DELTA HOSPICE: U.S. Trustee Appoints Dr. Stacy as Ombudsman DIJA HOLDINGS: Seeks to Hire CBRE Valuation as Appraiser DIOCESE OF ROCHESTER: Seeks to Hire Bonadio & Co. as Accountant DUKE INVESTMENTS: Ruling over Special Counsel Fees Upheld DURR MECHANICAL: Taps Greenbaum Rowe as Special Counsel EIG INVESTORS: Moody's Affirms B2 CFR, Outlook Stable FERNANDO LAPETINA: Deadline to Decide on PCO Extended FIRED UP: Dec. 11 Plan Confirmation Hearing Set FIVE J’S AUTO PARTS: Disclosure Statement Conditionally Approved FLAMINGO/TENAYA: Shortened Hearing on Disclosures Denied FOXHOLE BAR: Hires Gamberg & Abrams as Bankruptcy Counsel FUIGO LLC: Seeks Approval to Hire Collar City Auctions FULL X TECH: Seeks to Extend Exclusivity Period to March 14 GABRIEL INVESTMENT: Hires Pulman Cappuccio as Counsel GANDYDANCER LLC: Case Summary & 20 Largest Unsecured Creditors GATE 3 LIQUIDATION: Former CRO Files Liquidating Plan GOLDEN TREE: Hires Wiggam & Geer as Bankruptcy Counsel GREENWAY SERVICES: Dec. 5 Disclosure Statement Hearing Set GYSUM RESOURCES: Taps Colliers Int'l to Provide Litigation Support HARLEM CROSSINGS: Unsec. Creditors to Be Paid in Full in 8 Months HOSPITAL ACQUISITION: Supplements Final Cash Use Order HOVA MANAGEMENT: Case Summary & 3 Unsecured Creditors HVI CAT CANYON: Trustee Seeks to Hire Danning Gill as Counsel HVI CAT CANYON: Trustee Taps CR3 Partners as Restructuring Advisor IN MARKETING: Seeks to Extend Exclusivity Period to March 10 INSIGHT TERMINAL: Seeks to Extend Exclusivity Period to March 31 IPIC-GOLD CLASS: Hires Crowe LLP as Tax Service Provider JAGGED PEAK: Seeks to Hire Young Conaway as Counsel JCM INSURANCE: Dec. 10, 2019 Plan & Disclosures Hearing Set JOHN HOANG TRIEN: Parties Agree to Trustee Appointment JUST FOR YOU: Dec. 18 Plan Confirmation Hearing Set KAUMANA DRIVE: PCO Hires Barbara L. Franklin as Counsel KJM CAPITAL: Unsecureds to Receive 'Speculative' Cash Flow Note KOI DESIGN: Dec. 17 Plan & Disclosure Hearing Set LABORATORIO ACROPOLIS: Plan & Disclosures Deadline Extended LAWSON NURSING: Cleared by Ombudsman in 5th Report LEGACY RESERVES: Refutes Committee's GSO Impropriety Allegations LEGACY RESERVES: Wants Plan Confirmed Over Committee Objections LKLEE LLC: Case Summary & 5 Unsecured Creditors LOUIS CAPRA: Foley & Lardner Represents McCormick, Fannie Mae M & M AUTO: Seeks to Re-Impose Automatic Stay Pending Sale MARQUIS ENTERPRISES: Hires James M. Joyce as Counsel MASTER LUBE: Unsecureds to Share $10,000 Pot Fund MATRA PETROLEUM: Exclusivity Period Extended to Jan. 27 MATRA PETROLEUM: Taps RE/MAX Hometown as Real Estate Broker MATTEL INC: Fitch Affirms B- LT IDR & Alters Outlook to Positive MONTGOMERY FINANCIAL: Hires Adam I. Skolnik as Bankruptcy Counsel MOUNTAIN RIDGE: Hires Dunham Hildebrand as Counsel MS SUPPLY: Taps Holland & Knight as Special Counsel MWM OIL COMPANY: Committee Hires Eron Law as Counsel NATIONAL ASSISTANCE: Debtor Agrees to Nov. 30 Plan Deadline NAVAHO TOUR: Seeks to Hire Goldbach Law as Counsel NN INC: Moody's Affirms B3 CFR & Alters Outlook to Negative NS FITNESS: December 12 Plan & Disclosures Hearing Set NULEAN INC: Unsecureds to Recover 100% via Quarterly Payments OAK LAKE LLC: Seeks to Hire Theodore N. Stapleton as Legal Counsel OAKLEY GRADING: Hughes Says Plan Violates Absolute Priority Rule OZ INDUSTRIES: Case Summary & 20 Largest Unsecured Creditors PDARSH LLC: Seeks to Hire TAP Consulting as Accountant PENGROWTH ENERGY: Gets Interim Order for the Plan of Arrangement PERFECT BROW: Judge Extends Exclusivity Period to Jan. 3 PRECISION HOTEL: Hires Andrea Bauman as Accountant PROMISE HEALTHCARE: Seeks to Extend Exclusivity Period to May 5 RAIT FUNDING: Stevens & Lee Represents Equity Holders RCJM INC: Wants Until Feb. 5, 2020 to File Plan & Disclosures REGIONAL MEDICAL TRANSPORTATION: Small Business Plan Due March 4 ROBINSON AEROSPACE: Seeks Approval to Hire Business Advisor S&C TEXAS INVESTMENTS: Hires Texas Business as Appraiser SCULPT MEDICAL: Medical Spa Says Ombudsman No Necessary SENIOR CARE: Hires Foley & Lardner as Conflict Counsel SERVICE PAINTING: Jan. 8, 2020 Plan Confirmation Hearing Set SHERIDAN HOLDING: Court Confirms Joint Prepackaged Plan SHERIDAN HOLDING: Has $350M to $500M Total Enterprise Value SLIDEBELTS, INC: Seeks to Extend Exclusivity Period by 120 Days SMARTER TODDLER: Seeks to Hire Inemer & Wolf as Accountant SNEED SHIPBUILDING: Court Asked to Confirm Thayer O'Neal Retention SOUTHCROSS ENERGY: Unsecureds Owed $215M Out-Of-Money in Plan SOUTHERN MISSISSIPPI FUNERAL: Taps Dummer Law as Special Counsel SPINLABEL TECHNOLOGIES: Plan Administrator Hires KapilaMukamal LLP SUMMIT VIEW: Seeks to Hire Wright Fulford as Special Counsel T I G HOLDINGS: UST Says 9.8-Year Wait Risks Non-Payment TARRANT COUNTY: Wants Dec. 19 to Present Plan & Disclosures TIME DEFINITE: Delays Plan Filing to Draft Financial Projections TNR HOLDINGS: Committee Hires Heller Draper as Counsel TRI-STATE ENTERPRISES: Wants Exclusivity Period Extended to Dec. 13 TRIDENT CRATING: Plan Filing Deadline Extended to Dec. 21 URBAN PHILANTHROPIES: Hires Agentis PLLC as Bankruptcy Counsel URBAN PHILANTHROPIES: Hires Fuerst Ittleman as Special Counsel VEA INVESTMENTS: Hires G World Properties as Realtor VIA AIRLINES: ADI Suit Stayed Pending Bankruptcy WESTWIND MANOR: Exclusivity Period Extended to Jan. 28 WILLIAMSON MEMORIAL: Hires Barth & Thompson, Leaberry as Counsel WINDSTREAM HOLDINGS: Milbank 3rd Update on 2nd Lien Noteholders WMC MORTGAGE: Liquidating Plan Confirmed by Judge WPB HOSPITALITY: Seeks to Hire Podoll & Podoll as Special Counsel ZENERGY BRANDS: Committee Seeks to Hire Kane Russell as Counsel [^] BOND PRICING: For the Week from November 18 to 22, 2019 ********* 160 ROYAL PALM: Solicitation Period Extended Through Dec. 19 ------------------------------------------------------------ Judge Erik Kimball of the U.S. Bankruptcy Court for the Southern District of Florida extended the exclusive period during which 160 Royal Palm, LLC can solicit acceptances for its Chapter 11 plan of liquidation through Dec. 19. According to court filings, the bankruptcy court did not confirm the liquidating plan at the Sept. 24 hearing after determining that 160 Royal Palm did not have sufficient funds to distribute to creditors due to a buyer's refusal to release to the company the cash consideration stemming from the sale of its property. The bankruptcy court scheduled a status conference on plan confirmation for Dec. 5. About 160 Royal Palm 160 Royal Palm, LLC is a Florida limited liability company, which owns prime real property consisting of a partially constructed hotel/condominium located at 160 Royal Palm Way, Palm Beach, Florida. The property is 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. The case has been assigned to Judge Erik P. Kimball. The Debtor tapped Philip J. Landau, Esq., at Shraiberg, Landau & Page, P.A., as its counsel; and Greenberg Traurig, P.A. as its special counsel and title agent. No official committee of unsecured creditors has been appointed in the Debtor's case. 2200 NORTH ASHLAND: Taps Liston & Tsantilis as Special Counsel -------------------------------------------------------------- 2200 North Ashland, LLC received approval from the U.S. Bankruptcy Court for the Northern District of Illinois to employ Liston & Tsantilis Law as its special counsel. The Debtor is selling its property in Chicago and needs the services of Liston & Tsantilis to reduce the real estate taxes on the property. The firm will be paid a contingency fee, which is 30 percent of the total amount refunded. Liston & Tsantilis is disinterested as that term is defined in Section 101(14) of the Bankruptcy Code, according to court filings. The firm can be reached at: Brian P. Liston, Esq. Liston & Tsantilis Law 33 N LaSalle St #2800 Chicago, IL 60602 Phone: +1 312-580-1594 Email: BListon@LTLawChicago.com About 2200 North Ashland 2200 North Ashland, LLC, a company based in Chicago, filed a Chapter 11 petition (Bankr. N.D. Ill. Case No. 19-25096) on Sept. 5, 2019. In its petition, the Debtor was estimated to have $1 million to $10 million in both assets and liabilities. The petition was signed by Courtney Rush of Rush Leasing LLC, the Debtor's managing member. The Hon. Jacqueline P. Cox oversees the case. Arthur G. Simon, Esq., at Crane Simon Clar and Dan, is the Debtor's bankruptcy counsel. 2737 W. FULTON: Hires Weissberg and Associates as Counsel --------------------------------------------------------- 2737 W. Fulton, LLC, seeks authority from the U.S. Bankruptcy Court for the Northern District of Illinois to employ Weissberg and Associates, Ltd., as counsel to Debtor. 2737 W. Fulton requires Weissberg and Associates to: a. give the Debtor legal advice and assistance with respect to its powers and duties as a debtor-in-possession in the continued operation of its business affairs and management of its collocation facilities; b. assist the Debtor in the negotiation, formulation and drafting of a Plan of Reorganization and Disclosure Statement and to represent the Debtor in the confirmation process; c. examine claims asserted against the Debtor; d. take such action as may be necessary with reference to claims that may be asserted against the Debtor, and to prepare, on behalf of the Debtor, such applications, motions, complaints, orders, reports and other legal papers as may be necessary in connection with this proceeding and to perform all other legal services for the Debtor which may be required; e. assist and represent the Debtor in all adversary proceedings and contested matters, including motions for the use of cash collateral, for the sale of real and personal property, to modify the automatic stay, for the approval of DIP financing and to appoint professionals; f. represent the Debtor in its dealings with the Office of the U.S. Trustee and with the creditors of the estate; and g. assist and represent the Debtor in litigation in the State and Federal courts, where the Debtor is a party or seeking to become a party, or otherwise become involved to protect the Debtor's interests and rights. Weissberg and Associates will be paid at the hourly rate of $450. Weissberg and Associates will be paid a retainer in the amount of $15,000, plus filing fee. Weissberg and Associates will also be reimbursed for reasonable out-of-pocket expenses incurred. Ariel Weissberg, partner of Weissberg and Associates, Ltd., 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. Weissberg and Associates can be reached at: Ariel Weissberg, Esq. WEISSBERG AND ASSOCIATES, LTD. 401 S. LaSalle St., Suite 403 Chicago, IL 60605 Tel: (312) 663-0004 Fax: (312) 663-1514 E-mail: ariel@weissberglaw.com About 2737 W. Fulton (Bankr. N.D. Ill. Case No. 19-28605) on Oct. 8, 2019. In the petition signed by Yasya Shtayner, manager, the Debtor was estimated to have $1 million to $10 million in both assets and liabilities. The Hon. Carol A. Doyle oversees the case. Ariel Weissberg, Esq., at Weissberg and Associates, Ltd., serves as bankruptcy counsel to the Debtor. 293 FRANKLIN: Western Ball Approved as Bankruptcy Counsel --------------------------------------------------------- 293 Franklin LLC, Enterprise Community Funding LLC, and 108 Wallabout 5A Corp. sought and obtained permission from the U.S. Bankruptcy Court for the Eastern District of New York to approve the employment of Westerman Ball Ederer Miller Zucker & Sharfstein, LLP as their counsel nunc pro tunc as of August 21, 2019. The legal services to be rendered by Westerman Ball span all anticipated needs of the Debtors in these chapter 11 cases, including: i. assisting in the administration of the chapter 11 cases and the Debtors' affairs while in chapter 11, including all issues arising from or impacting the Debtors in these chapter 11 proceedings; ii. advising the Debtors with respect to their duties as debtors under the Bankruptcy Code; iii. preparing on behalf of the Debtors of all necessary applications, motions, orders, reports and other legal papers; iv. appearing in Bankruptcy Court to represent the interests of the Debtors; v. representing the interests of the Debtors in all aspects and phases of the potential sale of estate assets; vi. negotiating, formulating, drafting and obtaining confirmation of any plan or plans of reorganization and matters related thereto; vii. giving advice and guidance with respect to any transfer, pledge, conveyance, sale or other liquidation of the Debtors' assets; viii. assisting in investigation, if any, as the Debtors may desire concerning, among other things, the assets, liabilities, financial condition and operations of the Debtors that may be relevant to these cases, including the validity, extent, priority, and amount of alleged secured and unsecured claims and liens; ix. commencing and prosecuting adversary proceedings as may be necessary and appropriate; and x. assisting in other matters as may be necessary and appropriate in the context of the Debtors' chapter 11 cases. Prior to the bankruptcy filing date, Westerman Ball was paid $13,666.66 with respect to 293 Franklin, $13,666.67 with respect to Enterprise and $13,666.66 with respect to 108 Wallabout, which amounts include the filing fee of $1,717.00 for each of the Debtors' Chapter 11 petitions. Westerman Ball incurred the aggregate amount of $23,395.96 in exchange for contemporaneous, pre-petition services. There remains a balance of approximately $12,453.04 available for services to be rendered from and after the Filing Date in these cases. The current standard hourly rates of the attorneys and paralegals at Westerman Ball range as follows: Hourly Rate ----------- (a) John Westerman $650.00 (b) Jeffrey A. Miller $675.00 (c) Thomas A. Draghi $625.00 (d) Mickee M. Hennessy $575.00 (e) Michael E. Planell $495.00 (f) Michael J. Gelfand $410.00 (g) Florence J. Joseph (paralegal) $225.00 (h) Kathy A. Carroccio (paralegal) $225.00 Westerman Ball and its members, counsel and associates have no connection with the Debtors, their creditors, or any other party-in-interest, or their respective attorneys and accountants, or with the United States Trustee, except as otherwise provided in an affidavit filed by Hennessy. Westerman Ball does not hold or represent an interest adverse to the estate. Hennessy attests that Westerman Ball is a "disinterested person" as that term is defined in Section 101(14) of the Bankruptcy Code. The firm may be reached at: Mickee M. Hennessy, Esq. Thomas A. Draghi, Esq. WESTERMAN BALL EDERER ZUCKER & SHARFSTEIN, LLP 1201 RXR Plaza Uniondale, NY 11556 Tel: (516) 622-9200 E-mail: tdraghi@westermanllp.com mhennessy@westermanllp.com 293 Franklin, LLC, (Bankr. E.D.N.Y. Case No. 19-45035), Enterprise Community Funding, LLC, (Bankr. E.D.N.Y. Case No. 19-45036) and 108 Wallabout 5A Corp. (Bankr. E.D.N.Y. Case No. 19-45037 ) filed for Chapter 11 bankruptcy protection on August 21, 2019. The Debtors are real estate holding companies. 293 Franklin owns real property located at 293 Franklin Avenue, Brooklyn, New York 11205. The 293 Property is multi-family residential building consisting of eight units. Enterprise owns two residential real properties: a condominium unit located at 28 Lynch Street, Unit 3L, Brooklyn, New York, 11206 and a condominium unit located at 23 Walton Street, Unit 15C Brooklyn, New York, 11206. 108 Wallabout owns a condominium unit located at 108 Wallabout Street, Unit 5A, Brooklyn, New York 11249. Mike Kohn is the sole member of 293 Franklin and Enterprise and the sole shareholder and president of 108 Wallabout. Mr. Kohn and his family members reside in the Lynch Property, the Walton Property and the Wallabout Property. The Debtors commenced these bankruptcy cases because they are victims of the predatory lending practices of MLF3 Wallabout LLC. The Hon. Carla E. Craig presides over the case. Lawyers at Westerman Ball Ederer Miller Zucker & Sharfstein, LLP serves as counsel to the Debtors. 293 Franklin and Enterprise Community Funding listed $1 million to $10 million in both assets and liabilities. 108 Wallabout 5A Corp. listed under $1 million in assets; and $1 million to $10 million in liabilities. The petitions were signed by Mike Kohn, sole member. 4921 12TH AVENUE: Seeks to Hire Alla Kachan as New Counsel ---------------------------------------------------------- 4921 12th Avenue, LLC, seeks approval from the U.S. Bankruptcy Court for the Eastern District of New York to hire the Law Offices of Alla Kachan, P.C. Alla Kachan will substitute for Balisok & Kaufman, PLLC, the law firm handling the Debtor's Chapter 11 case. The Debtor proposes to pay an hourly fee of $400 to Alla Kachan attorneys and an hourly fee of $200 for clerks and paraprofessionals. The initial retainer is $17,500. The firm is "disinterested" within the meaning of Section 101(14) of the Bankruptcy Code, according to court filings. Alla Kachan can be reached through: Alla Kachan, Esq. Law Offices of Alla Kachan, P.C. 3099 Coney Island Avenue Brooklyn, New York 11235 Tel: +1 718-513-3145 About 4921 12th Avenue LLC 4921 12th Avenue LLC is a real estate lessor headquartered in Brooklyn, N.Y. The company is a single asset real estate (as defined in 11 U.S.C. Section 101(51B)). 4921 12th Avenue filed a Chapter 11 petition (Bankr. E.D.N.Y. Case No. 18-47256) on December 20, 2018. In the petition signed by Yehuda Salamon, sole member, the Debtor was estimated to have $1 million to $10 million in assets and $10 million to $50 million in liabilities. The case is assigned to Judge Carla E. Craig. ABSOLUT FACILITIES: Seeks to Hire Loeb & Loeb as Counsel -------------------------------------------------------- Absolut Facilities Management, LLC, and its debtor-affiliates seek authority from the U.S. Bankruptcy Court for the Eastern District of New York to employ Loeb & Loeb LLP, as counsel to the Debtors. Absolut Facilities requires Loeb & Loeb to: a. advise the Debtors with respect to their powers and duties as debtors-in-possession in the continued management and operation of the Debtors' businesses and properties; b. advise and consult on the conduct of these Chapter 11 Cases, including all of the legal and administrative requirements of operating in chapter 11; c. attend meetings and negotiating with representatives of creditors and other parties-in-interest; d. take all necessary actions to protect and preserve the Debtors' estates including prosecuting actions on the Debtors' behalf, defending any action commenced against the Debtors and representing the Debtors in negotiations concerning litigation in which the Debtors are involved, including objections to claims filed against the Debtors' estates; e. prepare pleadings in connection with these Chapter 11 Cases, including motions, applications, answers, orders, reports, and all other papers necessary or appropriate to the administration of the Debtors' estates; f. advise the Debtors in connection with any potential sale of assets or investment by a third party; g. appear before the Court and any appellate courts to represent the interests of the Debtors' estates; h. advise the Debtors regarding tax matters; i. assist the Debtors in reviewing, estimating, and resolving claims asserted against the Debtors' estates; j. assist the Debtors with compliance with applicable laws and governmental regulations; k. take any necessary action on behalf of the Debtors to negotiate, prepare, and obtain approval of a disclosure statement and confirmation of a chapter 11 plan and all documents related thereto; and l. perform all other necessary legal services for the Debtors in connection with the prosecution and administration of these Chapter 11 Cases, including: (i) analyzing the Debtors' leases and contracts and advising the Debtors with respect to the assumption and assignment or rejection thereof; (ii) analyzing the validity of liens against the Debtors (if any); (iii) advising the Debtors on corporate and litigation matters; and (iv) providing non-bankruptcy services for the Debtors to the extent requested by the Debtors. Loeb & Loeb will be paid at these hourly rates: Partners $675 to $1,200 Associates $485 to $770 Paralegals $260 to $440 The Debtors paid Loeb & Loeb a retainer totaling $482,215 prior to the commencement of the bankruptcy cases. As of the Petition Date, Loeb & Loeb held a balance of the retainers previously paid by the Debtors in the amount of $28,175.68. Loeb & Loeb 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: Schuyler G. Carroll, a partner of Loeb & Loeb 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. Loeb & Loeb can be reached at: Schuyler G. Carroll, Esq. Daniel B. Besikof, Esq. Noah Weingarten, Esq. LOEB & LOEB LLP 345 Park Avenue New York, NY 10154 Tel: (212) 407-4000 Fax: (212) 407-4990 E-mail: scarroll@loeb.com dbesikof@loeb.com nweingarten@loeb.com About Absolut Facilities Management Absolut Facilities Management, LLC, through its subsidiaries, owns six skilled nursing facilities and one assisted living facility in the state of New York, have sought Chapter 11 protection. On Sept. 10, 2019, Absolut Facilities Management, LLC and seven related entities each filed a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No. 19-76260). Loeb & Loeb LLP is the Debtors' counsel. Prime Clerk LLC is the claims and noticing agent. The Office of the U.S. Trustee on Oct. 3, 2019, appointed five creditors to serve on the official committee of unsecured creditors in the Chapter 11 cases. ABUNDANT TRAINING: Seeks to Hire Boyle & Valenti as Counsel ----------------------------------------------------------- Abundant Training Institute, Inc./ATI, seeks authority from the U.S. Bankruptcy Court for the District of New Jersey to employ Boyle & Valenti Law, P.C., as counsel to the Debtor. Abundant Training requires Boyle & Valenti to: a. assist and advise on all aspects of conducting as a debtor in possession in the Chapter 11 bankruptcy proceedings; and b. file petition, necessary motions, communicate with creditors, prepare and confirm a Chapter 11 plan. Boyle & Valenti will be paid at these hourly rates: Attorneys $275 Paralegals $75 Boyle & Valenti will be paid a retainer in the amount of $10,000. Boyle & Valenti will also be reimbursed for reasonable out-of-pocket expenses incurred. Carrie J. Boyle, a partner at Boyle & Valenti Law, P.C., 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/its estates. Boyle & Valenti can be reached at: Carrie J. Boyle, Esq. BOYLE & VALENTI LAW, P.C. 10 Grove Street, 2nd Floor Haddonfield, NJ 08033 Tel: (856) 499-3335 E-mail: cboyle@b-vlaw.com Abundant College / Abundant Training Institute, Inc., sought Chapter 11 protection (Bankr. D.N.J. Case No. 19-28186) on Sept. 24, 2019, estimating less than $1 million in both and liabilities. AIR FORCE VILLAGE: Altavita Village Buyer Responds to PCO Report ---------------------------------------------------------------- Senior Living Riverside LP has responded to the third report of Joseph Rodriquez, the patient care ombudsman appointed in Air Force Village West, Inc.'s Chapter 11 case. On Sept. 4, 2019, pursuant to the order of the the Court, SLR completed the purchase of the property, known as Altavita Village, formerly held by Air Force Village West, Inc. d/b/a Altavita Village and located at 17050 Arnold Drive, Riverside,California. Altavita Village was operated as a Continuing Care Retirement Community. The property is now known as Westmont Village and is no longer a Continuing Care Retirement Community asset forth in the third PCO report and as such the requirements associated with a CCRC are no longer applicable. According to SLR, the Third PCO Report's description of Westmont Village as licensed for 770 beds is incorrect. Westmont Village consists of 59 skilled nursing beds licensed by the California Department of Health, 158 assisted living beds and 45 memory care beds licensed by the California Department of Social Services. Westmont Village also has 340 residential homes. The Homes are not licensed for assisted living services but are restricted to an age 55 plus population. SLR also points out that: I. WESTMONT VILLAGE HAS ADEQUATE SECURITY. Westmont Village is a gated community. Since Sept. 4, 2019, no security problems have been brought to SLR's attention or any unwanted visitors entering Westmont Village. The front desk is manned 24 hours a day, seven days a week with an operating camera, like a security operating center (SOC) system. II. WESTMONT VILLAGE IS PROPERLY AND ADEQUATELY STAFFED. Staffing for assisted living and memory care is based upon the core needs of the residents. While SLR has had some turnover and redirection of staff member services since the acquisition,it continues to staff the community to the occupancy and care needs of the residents. It is mandated that unlicensed Homes have no assisted living services or staff provided to the residents of the unlicensed Homes. SLR believes that staff levels throughout Westmont Village are adequate and appropriate, albeit fluid, as driven by resident care and occupancy. A full-text copy of SLR Reply is available at https://tinyurl.com/qtb5gr4 from PacerMonitor.com at no charge. About Air Force Village West Air Force Village West -- https://livealtavita.org/ -- owns and operates a continuing care retirement community with assisted living, independent living, skilled nursing and memory care services. Air Force Village is a not-for-profit entity opened in 1989. Air Force Village West, Inc., based in Riverside, CA, filed a Chapter 11 petition (Bankr. C.D. Cal. Case No. 19-11920) on March 10, 2019. The petition was signed by Mary Carruthers, chairman of the Board. In its petition, the Debtor estimated $50 million to $100 million in both assets and liabilities. The Hon. Scott C. Clarkson oversees the case. Samuel R. Maizel, Esq., at Dentons US LLP, is the Debtor's bankruptcy counsel. ALEXIS SANTOS: Court Orders Patient Care Ombudsman ------------------------------------------------------ The petition filed by Alexis Santos Serafin Torres Torres on October 31, 2019 reflects that it is a health care business case. Accordingly, Judge Mildred Caban Flores ordered that the United States Trustee shall appoint an ombudsman pursuan to 11 U.S.C. Sec. 333(a)(2) unless the US Trustee and/or the debtor in possession inform the court in writing, within 21 days, why the appointment of an ombudsman is not necessary for the protection of the patients. A full-text copy of the Order is available at https://tinyurl.com/vcpmuak from PacerMonitor.com at no charge. The Chapter 11 case is In re Alexis Santos Serafin Torres Torres (Bankr. D.P.R. Case No. 19-06432). ALLISON TRANSPORTATION: Unsec. Creditors to Recover 5% Under Plan ----------------------------------------------------------------- Allison Transportation, in the business of interstate trucking, filed a Small Business Chapter 11 Plan and a Disclosure Statement on Nov. 5, 2019. The Plan expects to have enough cash over the life of the Plan to pay the required Plan payments and operate the Debtor's business. The final plan payment is expected to be paid in September 2025. Select claims are treated under the Plan as follows: Class 15 Mercedes-Benz Financial Services Deficiencies, if any, on 3 surrendered vehicles MHC Financial Deficiencies, if any, on 4 surrendered vehicles. Total: Amounts unknown, to be determined by creditor filed amended Proofs of Claim Monthly payment: TBD Estimated percent of claim paid: 5% Class 16 Unsecured portion of cash collateral holders Total: $512,329.99 Monthly payment: $355.78 effective January 2020 till December 2025 Estimated percent of claim paid: 5% Class 17 General unsecured debt Total: $397,837.45 Monthly payment $276.28 effective January 2020 till December 2025 Estimated percent of claim paid: 5% Class 18 Unsecured portion of secured debts Total: $424,485.52 Monthly payment: $294.78 effective January 2020 till December 2025 A full-text copy of the Disclosure Statement is available at https://tinyurl.com/wxbthaj from PacerMonitor.com at no charge. About Allison Transportation Allison Transportation, LLC, owner and operator of a trucking business in Statesville, NC, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D.N.C. Case No. 19-50072) on Feb. 9, 2019. At the time of the filing, the Debtor was estimated to have assets of less than $50,000 and liabilities of less than $1 million. The case is assigned to Judge Laura T. Beyer. McELWEE FIRM, PLLC, is the Debtor's counsel. AMERICAN WORKERS INSURANCE: Taps Verde Law Firm as Special Counsel ------------------------------------------------------------------ American Workers Insurance Services, Inc., and Association Health Care Management, Inc., seek approval from the U.S. Bankruptcy Court for the Northern District of Texas to hire The Verde Law Firm, PLLC. The firm will serve as the Debtors' special counsel in a case involving Insurety Capital LLC in the 215th District Court of Harris County. Insurety sued the Debtors for breach of contract and fraudulent transfer. Joshua Verde, Esq., the firm's attorney who will be handling the case, charges an hourly fee of $300. The hourly rate for law clerks and legal assistants is $100. Verde Law Firm does not represent any interest adverse to the Debtors and their bankruptcy estates, according to court filings. The firm can be reached through: Joshua Verde, Esq. The Verde Law Firm, PLLC 4600 Highway 6 North, Suite 320 Houston, TX 77084 Phone: 713-909-4347 Fax: 713-588-2431 About American Workers Insurance American Workers Insurance Services, Inc., is a health insurance agency in Rockwall, Texas. Association Health Care Management, Inc., doing business as Family Care, provides health care services. AHCM offers assistance, nursing, patient care, rehabilitation, and dental services. AWIS and AHCM sought Chapter 11 protection (Bankr. N.D. Tex. Case No. 19-44208 and 19-44209) on Oct, 14, 2019 in Fort Worth, Texas. The petitions were signed by Harold Lyndon Brock, Jr., president of American Workers Insurance, and Landon Jordan, chief executive officer of Association Health Care. On the petition date, AWIS was estimated to have $50 million to $100 million in assets, and $10 million to $50 million in liabilities; AHCM was estimated to have between $50 million and $100 million in assets, and between $10 million and $50 million in liabilities. The Hon. Mark X. Mullin is the case judge for Debtor AWIS' case, and Hon. Edward L. Morris for Debtor AHCM's case. Forshey & Prosto, LLP, serves as counsel to both Debtors. ANTOINE GARDINER: Philadelphia Wants Trustee to Take Over Estate ---------------------------------------------------------------- The City of Philadelphia, by and through its counsel, Megan N. Harper, Deputy City Solicitor, moves the Bankruptcy Court to appoint a Chapter 11 trustee to administer Antoine Gardiner's estate. On Oct. 15, 2019 Antione Gardiner filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code. The Debtor's sole business is the ownership and operation of 38 properties in Philadelphia County. As of Oct. 29, 2019, the Debtor has failed to pay real estate taxes on the Properties in the amount of $345,810.01 for the tax years 1997 and 2008 through 2020 and failed to remit business income and receipts tax due for the years. As a natural consequence of Mr. Gardiner's conduct, the City has made numerous efforts to sell certain of his properties at Sheriff’s Sale. Most recently, the City was scheduled to sell three of the Properties on October 16, 2019. The day before the Sheriff's Sale, Mr. Gardiner filed for bankruptcy, his second individual bankruptcy in the last four years and his ninth bankruptcy, that the City is aware of, in four years when including his various real estate holding companies of which he is the president and sole shareholder. In the current bankruptcy case, Mr. Gardiner was unable to timely marshal information regarding his assets and liabilities. Mr. Gardiner has clung to possession of his properties while allowing some of them to fall into disrepair, failing to pay for municipal services and avoiding his obligation to pay taxes leading to the accrual of statutory and judgment liens that include significant interest and penalty. With this background, which demonstrates a longstanding history of an inability to manage his affairs, the City submits that it is appropriate at the very outset of this case to wrest control of the bankruptcy estate from Mr. Gardiner and to place it into the hands of a court appointed trustee for the benefit of all creditors. In this case, a Chapter 11 debtor is generally permitted to remain in possession throughout reorganization because the current management is generally best suited to orchestrate the process of rehabilitation for the benefit of creditors and other interests of the estate.” In re Marvel Entm't Grp., Inc., 140 F.3d 463, 471 (3d Cir. 1998), citing, In re V. Savino Oil & Heating Co., 99 B.R. 518, 524 (Bankr.E.D.N.Y.1989). Thus, the party seeking appointment of a trustee must prove the need for a trustee by clear and convincing evidence. In re Sharon Steel Corp., 871 F.2d 1217, 1226 (3d Cir. 1989). Where the debtor failed to file and pay sales taxes for six years prior to filing for bankruptcy, the Court found it constituted gross mismanagement of the affairs of the debtor serious enough to constitute cause for appointment of a trustee. In re Great Ne. Lumber & Millwork Corp., 20 B.R. 610, 611 (Bankr. E.D. Pa. 1982), see also, In re Ristagno, 27 B.R. 104, 105 (Bankr. E.D. Mr. Gardiner has employed various means to forestall the City's collection efforts for years including seeking the protections afforded by the Bankruptcy Code on numerous occasions. The City submits that given the evidence of gross mismanagement prepetition, in interests of creditors and for cause, it is necessary to appoint a trustee capable of operating and, if necessary, liquidating the bankruptcy estate. Wherefore, the City requests the Court to enter an order appointing a Chapter 11 trustee and granting such other and further relief as the Court deems just. The City of Philadelphia's attorney: Megan N. Harper Deputy City Solicitor PA Attorney I.D. 81669 Attorney for the City of Philadelphia City of Philadelphia Law Department Municipal Services Building 1401 JFK Boulevard 5th Floor Philadelphia, PA 19102-1595 Tel: 215-686-0503 E-mail: Megan.Harper@phila.gov A full-text copy of the motion is available at https://tinyurl.com/tandzcd from PacerMonitor.com at no charge. The Chapter 11 case is In re Antoine Gardiner (Bankr. E.D. Pa. Case No. 19-16478). ARLEN HOUSE: Exclusivity Period Extended Until Dec. 20 ------------------------------------------------------ Judge A. Jay Cristol of the U.S. Bankruptcy Court for the Southern District of Florida extended to Dec. 20 the period during which only Arlen House East 715, LLC can file a Chapter 11 plan. The extension will give the company ample time to negotiate a consensual plan with Ocwen Bank and complete mediation with the bank. About Arlen House East 715 Based in Miami Beach, Florida, Arlen House East 715, LLC, filed a voluntary petition under chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 18-16263) on May 24, 2018, listing under $1 million in both assets and liabilities. The petition was signed by Laurent Benzaquen, authorized representative of debtor. The Debtor is represented by Joel M. Aresty, Esq., at Joel M. Aresty, P.A., as counsel. AURORA COMMERCIAL: Exclusivity Period Extended to Jan. 19 --------------------------------------------------------- Judge Shelley Chapman of the U.S. Bankruptcy Court for the Southern District of New York extended the exclusive period during which Aurora Commercial Corp. and Aurora Loan Services LLC can file a Chapter 11 plan to Jan. 19, 2020, and the exclusive period to solicit acceptances for the plan to March 19, 2020. About Aurora Commercial Corp. Aurora Commercial Corp. is a wholly-owned subsidiary of Lehman Brothers Holdings Inc. that offers banking, loan servicing, and investor services. Aurora Commercial and its subsidiary Aurora Loan Services LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No. 19-10843) on March 24, 2019. At the time of the filing, Aurora Commercial estimated assets of $50 million to $100 million and liabilities of less than $50,000. The Debtors tapped Togut, Segal & Segal LLP as their legal counsel, and Prime Clerk, LLC as their claims and noticing agent. AVA HOSPITALITY: Voluntary Chapter 11 Case Summary -------------------------------------------------- Debtor: Ava Hospitality, LLC (New York LLC) 49 West 55th Street Suite 2B New York, NY 10019 Business Description: Ava Hospitality, LLC is a privately held company in the hotels and motels business. Chapter 11 Petition Date: November 21, 2019 Court: United States Bankruptcy Court Southern District of New York (Manhattan) Case No.: 19-13751 Debtor's Counsel: Arnold Mitchell Greene, Esq. ROBINSON BROG LEINWAND GREENE GENOVESE & GLUCK, P.C. 875 Third Avenue, 9th Floor New York, NY 10022 Tel: (212) 603-6300 Fax: (212) 956-2164 E-mail: amg@robinsonbrog.com Estimated Assets: $10 million to $50 million Estimated Liabilities: $10 million to $50 million The petition was signed by Solomon Ben-Moha, authorized signatory. The Debtor did not file a list of its 20 largest unsecured creditors together with the petition. A full-text copy of the petition is available for free at: http://bankrupt.com/misc/nysb19-13751.pdf AVEANNA HEALTHCARE: Moody's Affirms B3 CFR, Outlook Stable ---------------------------------------------------------- Moody's Investors Service affirmed Aveanna Healthcare LLC's B3 Corporate Family Rating and B3-PD Probability of Default Rating. At the same time, Moody's affirmed the B2 senior secured first-lien bank credit facilities ratings and Caa2 rating of the senior secured second-lien term loan due 2027. Concurrently, Moody's assigned a B2 rating to Aveanna's proposed $560 million of senior secured notes. The outlook remains stable. The proceeds from the issuance of the $560 million senior secured notes along with a previously raised $410 million second lien term loan and an additional $504 million of sponsor equity will be used to acquire Maxim Health Services, Inc. ("Maxim"), extinguish current debt obligations, as well as pay fees and expenses associated with the transaction. The acquisition is expected to close by end of 2019. At the conclusion of the transaction Moody's expects to withdraw the ratings on the extinguished debt obligations. The assignment of the senior secured notes rating is subject to review of final documentation. Moody's took the following rating actions on Aveanna Healthcare LLC: Affirmations: Corporate Family Rating, B3 Probability of Default Rating, B3-PD Gtd Senior Secured First Lien Revolving Credit Facility, B2 (LGD3) Gtd Senior Secured First Lien Term Loan, B2 (LGD3) Gtd Senior Secured Second Lien Term Loan, Caa2 (LGD5) Assignments: Gtd Senior Secured Notes at B2 (LGD3) No action, withdraw at close: Gtd Senior Secured Second Lien Term Loan, Caa2 (LGD6) Outlook Actions: Outlook, Remains Stable RATINGS RATIONALE Aveanna's B3 CFR broadly reflects the company's very high financial leverage, a highly concentrated payor mix with significant Medicaid exposure, and meaningful geographic concentration in the sates of Texas, California, and Pennsylvania. Pro forma for the transaction, debt/EBITDA is about 7.6x on a Moody's adjusted basis for the twelve months ended September 30, 2019. The rating is constrained by Aveanna's weak quality of earnings given its significant EBITDA add-backs largely related to costs associated with its acquisition strategy. The rating also incorporates the integration risks associated with the company's sizable acquisitions, as well as noteworthy industry pressures such as a challenging reimbursement environment, which will make it difficult for Aveanna to meaningfully improve its earnings and cash generation, over the near term. Despite the critical nature of care provided to patients, including children who require private duty nursing at home, Aveanna has exposure to state budgetary pressures, leading to a challenging reimbursement environment which has adversely impacted Aveanna's Texas therapy business, in particular. The rating also reflects Moody's belief that the company will continue to pursue an aggressive growth strategy, including acquisitions that are likely to be at least partially funded with incremental debt. The rating benefits from Aveanna's leading niche position in the otherwise fragmented market of pediatric home health services, and favorable long-term industry growth prospects. The overall market has solid growth prospects due to population trends, and its service offerings will remain critical in nature. The stable outlook reflects Moody's expectation that organic revenue growth will remain solid and that Aveanna will recognize cost synergies related to the Maxim acquisition, but that financial leverage will remain very high. While the acquisition of Maxim will meaningfully enhance Aveanna's scale and further diversify its national footprint, it also exposes the company to significant business and integration risks. Factors that could lead to an upgrade include demonstration that any further adverse reimbursement changes will be manageable without a major contraction in earnings or cash flow, increased payor and geographic diversity, progress in integrating recent acquisitions, improvement in liquidity reflected by consistent generation of positive free cash flow, and debt/EBITDA sustained below 5.5 times. Conversely, factors that could lead to a downgrade include additional significant reimbursement reductions and/or wage pressure, failure to realize articulated synergies, incurrence of new debt prior to significant progress in integrating Maxim acquisition, or deterioration in liquidity, such that free cash flow is negative on a sustained basis. Social and governance considerations are material to Aveanna's credit profile. Moody's believes Aveanna will remain significantly exposed to the social risks of providing health care and related services in private duty nursing and therapy to a highly vulnerable patient base often comprised of sick and disabled children who need near around-the-clock care. There is ongoing legislative, political, media and regulatory focus on ensuring the delivery of medically appropriate care to this patient base. Private duty nursing companies that bill Medicare and Medicaid are subject to a significant number of complex regulations. Any weakness in providing healthcare services - real or perceived - can negatively affect Aveanna's reputation and ability to attract and sustain clients at profitable rates. Among governance considerations, Aveanna's financial policies under private equity ownership are aggressive, reflected in the high initial debt levels following the proposed acquisition of Maxim, as well as a track record of supplementing organic growth with material debt-funded acquisitions. The principal methodology used in these ratings was Business and Consumer Service Industry published in October 2016. Headquartered in Atlanta, Georgia, Aveanna Healthcare LLC was formed through the merger of pediatric home healthcare companies Epic Health Services and PSA Healthcare, with a subsequent acquisition of Premier Healthcare Services completed in July 2018. The company is a leading provider of pediatric skilled nursing and therapy services, as well as adult home health services, including skilled nursing, therapy, personal care, behavioral health and autism. In February 2019, Aveanna announced that it had entered into an agreement to acquire home care service division of Maxim Health Services, leading pediatric and adult private duty nursing provider. The company is majority-owned by private equity firms Bain Capital and J. H. Whitney. Including Maxim the company generated pro forma revenues of approximately $2.5 billion for the twelve months ended September 30, 2019. BEIGNET INC: Seeks to Hire Courtney Davy as Counsel --------------------------------------------------- Beignet, Inc., seeks authority from the U.S. Bankruptcy Court for the Southern District of New York to employ the Law Office of Courtney Davy, as counsel to the Debtor. The firm will provide services in connection with the Debtor's Chapter 11 case, which include legal advice regarding its powers and duties under the Bankruptcy Code; the prosecution and defense of litigated matters that may arise during its Chapter 11 case; and the preparation of a plan of reorganization. Courtney Davy will be paid based upon its normal and usual hourly billing rates. The firm will also be reimbursed for reasonable out-of-pocket expenses incurred. Courtney K. Davy, partner of the Law Office of Courtney Davy, 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/its estates. Courtney Davy can be reached at: Courtney K. Davy, Esq. LAW OFFICE OF COURTNEY DAVY 305 Broadway, 14th Floor New York, NY 10007 Tel: (516) 850-1800 E-mail: courtneydavy.esq@gmail.com About Beignet Inc. Beignet, Inc., filed a Chapter 11 bankruptcy petition (Bankr. S.D.N.Y. Case No. 19-13121) on Sept. 30, 2019, disclosing under $1 million in both assets and liabilities. The Debtor is represented by the Law Office of Courtney Davy. BERNSOHN & FETNER: Wants March 6, 2020 to File Plan & Disclosure ---------------------------------------------------------------- On Dec. 5, 2019, at 10:00 a.m., debtor Bernsohn and Fetner LLC will move before Judge Robert D. Drain at the Southern District of New York Bankruptcy Court, 300 Quarropas St., White Plains, NY 10601 for an order extending the exclusive period of the Debtor to file its chapter 11 plan and disclosure statement to March 6, 2020. The Debtor requests that the Court extend the Debtor's time to obtain confirmation of its plan of reorganization. The Debtor requires the additional time of its exclusive period to file and confirm a plan to accomplish the following: to continue (i) resolving or pursuing its disputed accounts receivable, (ii) resolving or prosecuting its fraudulent conveyance claims and (iii) resolving the Debtor’s creditors’ claims through the claims objection process. The Debtor believes that through this bankruptcy, it will be able to create a significant estate, and will be able to confirm a viable chapter 11 plan and make a meaningful distribution to those creditors that hold meritorious claims. The Debtor asks the Court to consider the progress it has made to date in creating a more sizeable estate and recognize that additional time will allow the Debtor to continue to (i) collect disputed accounts receivables, (ii) pursue the pending mediation, (iii) resolve or prosecute its fraudulent conveyance claims, and (iv) object to those claims that are not meritorious and/or are overstated, all of which will provide a real benefit to the Debtor’s actual and bona fide creditors. A full-text copy of the Motion is available at https://tinyurl.com/ueqdy4u from PacerMonitor.com at no charge. About Bernsohn & Fetner Bernsohn & Fetner, LLC -- http://www.bfbuilding.com/-- is a full-service construction management and general contracting firm dedicated to residential, corporate, and retail construction. Bernsohn also offers maintenance service for major New York buildings. The Company was founded in 2003 by Steven Fetner and Randall Bernsohn. Bernsohn & Fetner sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y. Case No. 17-23707) on Nov. 7, 2017. Steven Fetner, managing member, signed the petition. At the time of the filing, the Debtor disclosed $1.735 million in assets and $920,000 in liabilities. The Debtor had no secured debt. Judge Robert D. Drain is the presiding judge. Bernsohn & Fetner LLC is the Debtor's counsel. Vernon Consulting, Inc., is the financial advisor and accountant to the Debtor. BLACKHAWK MINING: Professional Fee Claims Due Dec. 16 ----------------------------------------------------- On Aug. 29, 2019, the Honorable Laurie Selber Silverstein, U.S. Bankruptcy Judge for the United States Bankruptcy Court for the District of Delaware, entered an order confirming the Modified Joint Prepackaged Chapter 11 Plan of Reorganization and approving the Disclosure Statement for the Joint Prepackaged Chapter 11 Plan of Reorganization of Blackhawk Mining LLC and its Affiliated Debtors. On Oct. 25, 2019, the Court entered an order approving the modifications in the Amended Plan. The Effective Date of the Amended Plan occurred on Nov. 1, 2019. Each of the conditions precedent to consummation of the Amended Plan enumerated in Article IX of the Amended Plan has been satisfied or waived in accordance with the Amended Plan and the Confirmation Order. Requests for payment of Professional Fee Claims must be filed and served on the Debtors or Reorganized Debtors by Dec. 16, 2019, which is the date 45 days after the Effective Date. About Blackhawk Mining Founded in 2010, Blackhawk Mining LLC --http://www.blackhawkmining.com/-- is a diversified coal mining company headquartered in Lexington, Kentucky. They are a privately-owned coal producer operating predominantly in the Central Appalachian Basin of the United States. They sell their coal production domestically and internationally to a diverse set of end markets, such as steel producers, regulated utilities, and commodity trading houses. On July 19, 2019, Blackhawk Mining and 21 affiliates sought Chapter 11 protection (Bankr. D. Del. Lead Case No. 19-11595). The Hon. Laurie Selber Silverstein is the case judge. The Debtors tapped Kirkland & Ellis LLP and Kirkland & Ellis International LLP as general bankruptcy counsel; Potter Anderson Corroon LLP as local counsel; and AlixPartners as restructuring advisor; and Centerview Partners LLC as investment banker. Prime Clerk LLC is the claims agent. BLUE WATER POWERBOATS: UST's Dismissal/Conversion Bid Denied ------------------------------------------------------------ The U.S. Trustee filed her Motion to dismiss or convert the Chapter 11 case of Blue Water Powerboats, Inc., to Chapter 7 on Oct. 4, 2019 Honorable Judge Mindy A. Mora from the U.S. Bankruptcy Court for the Southern District of Florida on Oct. 23, 2019, denied approval of the US Trustee's motion and ordered that any non-debtor plan and related disclosure statement must be filed no later than Nov. 4, 2019. A creditor, Joanne Pollio, on Nov. 4, 2019, filed a Small Business Plan and related Disclosure Statement for the Debtor. A copy of the Disclosure Statement is available at https://tinyurl.com/y6rotox7 from PacerMonitor.com free of charge. About Blue Water Powerboats Inc. Blue Water Powerboats, Inc. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No. 18-21113) on September 10, 2018. At the time of the filing, the Debtor disclosed that it had estimated assets of less than $50,000 and liabilities of less than $500,000. Judge Mindy A. Mora presides over the case. The Debtor tapped David Lloyd Merrill, Esq., at The Associates, as its legal counsel. BUMBLE BEE: Case Summary & 20 Largest Unsecured Creditors --------------------------------------------------------- Lead Debtor: Bumble Bee Parent, Inc. 280 Tenth Avenue San Diego, CA 92101 Business Description: Bumble Bee -- https://www.bumblebee.com -- is a health and wellness focused company with a full line of seafood and specialty protein products marketed under certain brands including Bumble Bee, Brunswick, Snow's, Wild Selections and Beach Cliff. The Debtors, together with their non-Debtor affiliates based in Canada, offer a full line of canned and pouched tuna, salmon, sardines, and specialty seafood products. The Debtors are headquartered in San Diego, California and conduct operations in various other domestic and international locations. Chapter 11 Petition Date: November 21, 2019 Court: United States Bankruptcy Court District of Delaware (Delaware) Five affiliates that concurrently filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code: Debtor Case No. ------ -------- Bumble Bee Parent, Inc. (Lead Case) 19-12502 Bumble Bee Holdings, Inc. 19-12503 Bumble Bee Foods, LLC 19-12504 Anova Food, LLC 19-12505 Bumble Bee Capital Corp. 19-12506 Judge: Hon. Laurie Selber Silverstein Debtors' Bankruptcy Counsel: Alan W. Kornberg, Esq. Kelley A. Cornish, Esq. Claudia R. Tobler, Esq. Christopher Hopkins, Esq. Rich Ramirez, Esq. PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 1285 Avenue of the Americas New York, New York 10019 Tel: (212) 373-3000 Fax: (212) 757-3990 Email: akornberg@paulweiss.com kcornish@paulweiss.com ctobler@paulweiss.com chopkins@paulweiss.com rramirez@paulweiss.com - and - Pauline K. Morgan, Esq. Ryan M. Bartley, Esq. Ashley E. Jacobs, Esq. Elizabeth S. Justison, Esq. Jared W. Kochenash, Esq. YOUNG CONAWAY STARGATT & TAYLOR, LLP Rodney Square 1000 North King Street Wilmington, Delaware 19801 Tel: (302) 571-6600 Fax: (302) 571-1253 Email: pmorgan@ycst.com rbartley@ycst.com ajacobs@ycst.com ejustison@ycst.com jkochenash@ycst.com Debtors' Restructuring Advisor: ALIXPARTNERS, LLP Debtors' Investment Banker: HOULIHAN LOKEY, INC. Debtors' Notice, Claims, Solicitation & Balloting Agent: PRIME CLERK LLC https://cases.primeclerk.com/bumblebee Estimated Assets: $50 million to $100 million Estimated Liabilities: $500 million to $1 billion The petitions were signed by Kent McNeil, vice president. A full-text copy of Bumble Bee Parent's petition is available for free at: http://bankrupt.com/misc/deb19-12502.pdf Consolidated List of Debtors' 20 Largest Unsecured Creditors: Entity Nature of Claim Claim Amount ------ --------------- ------------ 1. FCF Co., Ltd. Trade Debt $50,536,218 Attn: Max Chou 2nd Rd, 28th Floor #8 Min Chuan Chien Chen District Kaohsiung, Taiwan, R.O.C. Tel: 886-7-339-1636 Fax: 886-7-330-5611 Email: maxchou@faf.com.tw 2. United States Department Settlement $17,000,000 of Justice Attn: Antitrust Division 450 Golden Gate Avenue Box 36046, Room 10-0101 San Francisco, CA 94102 Tel: 415-934-5300 Fax: 415-934-5399 Email: SanFran.ATR@usdoj.gov 3. Envases Universales de Mexico Trade Debt $2,379,843 SAPI de CV Calzada de Guadalupe 504 Colonia CE Cuautitlan 54800 Mexico Tel: 52 (55) 8311 6500 Fax: 886-7-330-5611 Email : ignacio.lopez@envasesuniversales.com 4. Walmart Inc. Customer $2,372,000 Attn: Ross Higman Obligation 702 S.W. 8th Street Mail Stop 0215 Bentonville, AR 72716-0215 Tel: 479-273-4000 Email: ross.higman@walmartlegal.com 5. Pataya Food Industries Ltd. Trade Debt $1,753,973 No. 1011 Supalai Grand Tower 27th Floor Rama 3 Road Chongnonsi, Yannawa Bangkok 10120 Thailand Tel: (66) 0-2119-4399 Fax: (66) 0-2119-4370-1 Email: thammarat@patayafood.com 6. R S Cannery Co. Ltd. Trade Debt $1,412,789 255/1 Industrial Estate Soi 3 Samutprakarn 10280 Thailand Fax: 662-709-6627 Email: trade@rscannery.com 7. Suter Co. Inc. Trade Debt $1,367,385 258 May Street Sycamore, IL 60178 Tel: 815-895-9186 Fax: 815-895-4814 Email: partnering@suterco.com 8. Advantage Sales & Marketing Inc. Trade Debt $1,248,736 Attn: Michael O'Keefe 18100 Von Karman Avenue, Suite 1000 Irvine, CA 92612 Tel: 949-797-2900 Email: press@advantagesolutions.net 9. Keker & Van Nest LLP Professional $1,077,431 633 Battery St. Services San Francisco, CA 94111-1809 Tel: 415-391-5400 Email: staylor@keker.com 10. Thai Union Group PCL Trade Debt $1,016,855 979/12 M Floor SM Tower Phayathai 10400 Thailand Tel: +66(0) 2298-0024 Fax: +66(0) 2298-0548 Email: ir@thaiunion.com 11. Matson Integrated Logistics Trade Debt $993,099 P.O. Box 99074 Chicago, IL 60693 Tel: 630-203-3500 Fax: 630-678-1567 12. Princes Tuna (Mauritius) Limited Trade Debt $625,923 New Trunk Road Riche Terre, Port Louis Mauritius Tel: 23 (0)206 9000 Fax: 23 (0)249 2300 Email: enquiries@princes.co.uk 13. Graal S.A. Trade Debt $613,761 Zachodnia 22 Wejherowo 84-200 Poland Tel: 556-775-820 Fax: 586-772-843 Email: biuro@graal.pl 14. Crider Inc. Trade Debt $596,903 PO Box 398 1 Plant Avenue Stillmore, GA 30464 Tel: 800-342-3851 Fax: 912-562-4435 Email: mhowell@criderinc.com 15. Conagra Brands Inc. Trade Debt $571,442 Conagra Foods Sales LLC Eleven Conagra Drive Omaha, NE 68102 Tel: 800-252-0610 Fax: 402-978-5504 Email: parth.kaurana@conagra.com 16. Peter Pan Seafoods Inc. Trade Debt $550,848 3015 112th Ave NE, Suite 100 Bellevue, WA 98004 Tel: 206-728-6000 Fax: 206-441-9090 17. Pacific Fishing Co. Ltd. Trade Debt $479,461 21 Beach Street Levuka Ovalau Fiji Tel: 679-344-0055 Fax: 679-344-0400 Email: info@pafcofiji.com 18. Direct Purchaser Plaintiff Class Litigation Undetermined Hausfeld Attn: Bonny E. Sweeney 600 Montgomery Street, Suite 3200 San Francisco, CA 94111 Tel: 415-633-1908 Fax: 415-358-4980 Email: bsweeney@hausfeld.com 19. Commercial Food Preparer Class Litigation Undetermined Cuneo Gilert & LaDuca, LLP Attn: Jonathan W. Cuneo 4725 Wisconsin Ave. NW, Suite 200 Washington, DC 20016 Tel: 202-789-3960 Fax: 202-789-1813 Email: jonc@cuneolaw.com 20. End Payer Plaintiff Class Litigation Undetermined Wolf Haldenstein Adler Greeman & Herz LLP Attn: Fred Isquith 270 Madison Avenue New York, NY 10016 Tel: 212-545-4600 Fax: 212-545-4653 Email: isquith@whafh.com CAMPUS EDGE: Amends Plan to Resolve Arlington Properties' Claim --------------------------------------------------------------- Debtor Campus Edge Condominium Association, Inc., filed with the U.S. Bankruptcy Court for the Northern District of Florida, Gainesville Division, an Amended Plan of Reorganization, and an Amended Disclosure Statement. The Debtor has proposed the Plan as a means for dealing with Arlington Properties' claim and ongoing need to renovate or repair the complex. The Plan is intended to accomplish both objectives while at the same time ensuring that all creditors receive as much or more than they would receive in a liquidation of the Debtor's assets. Resolution of Arlington Properties' claim and providing for a structural payout of same was the primary goal of this Chapter 11 proceeding. Arlington properties was seeking $930,407 in fees and costs for its successful defense of the State Court Litigation. Costs incurred by Arlington Properties in defense of the State Court Litigation comprise roughly one-third of that claim, most of which are allowable as a matter of law. Though the balance of the claim is disputed, there is no assurance that the claim would be significantly reduced through further litigation. The Debtor would also incur $50,000 to $100,000 litigating that claim. Allowed General Unsecured Claims in excess of $5,000 owed a total of $930,407 (Class 4) will receive a pro rata distribution on account of their allowed claims in accordance with $300,000 on the Initial Distribution Date and 6 annual payments of $50,000 on each successive anniversary , with the sixth annual distribution of $50,000 to be forgiven, waived and released if each of the five preceding annual distribution payments are timely made. Class 4 General Unsecured Creditors will also receive a distribution of the net proceeds from the Debtor's pursuit of any prepetition Causes of Action equal to the lesser of (i) 20% of any recoveries on any prepetition Causes of Action pursued by the Debtor, or (ii) the amount necessary to satisfy Class 4 General Unsecured Claims and Class 5 Convenience Claims in full. The rights of the members of the Association shall remain unaltered. There will be no distributions to members of the Association under the Plan. The Plan will be funded by (i) the continued collection of assessments from the condominium unit owners, and (ii) the proceeds of any Cause of Action pursued by the Debtor, and (iii) the use of the reserves previously set aside for renovation and repair of the complex. A full-text copy of the Amended Disclosure Statement dated Nov. 5, 2019, is available at https://tinyurl.com/y2zqqlz6 from PacerMonitor.com at no charge. The Debtor is represented by: THAMES MARKEY & HEEKIN, P.A. Richard R. Thames Florida Bar Number 0718459 50 North Laura Street, Suite 1600 Jacksonville, Florida 32202 Tel: (904) 358-4000 Fax: (904) 358-4001 E-mail: fft@tmhlaw.net About Campus Edge Condominium Association Campus Edge Condominium Association, Inc., is a not-for-profit organization responsible for maintaining the common areas and appurtenances attendant a 12-building, 168-unit condominium located at 2360 SW Archer Road, Gainesville, Florida 32608. As the name implies, the complex is located near the University of Florida, bounded by Archer Road on one side and Mowry Road on the other. Campus Edge Condominium Association, Inc., sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Fla. Case No.19-10011) on Jan. 14, 2019. At the time of the filing, the Debtor was estimated to have assets of less than $1 million and liabilities of less than $1 million. The case has been assigned to Judge Karen K. Specie. Thames Markey & Heekin, P.A. is the Debtor's legal counsel. No official committee of unsecured creditors has been appointed in the Chapter 11 case. CENTER CITY HEALTHCARE: Exclusivity Period Extended Until Feb. 25 ----------------------------------------------------------------- Judge Kevin Gross of the U.S. Bankruptcy Court for the District of Delaware extended the period during which only Center City Healthcare, LLC and its affiliates can file a Chapter 11 plan to Feb. 25, 2020, and the period to solicit acceptances for the plan to April 26, 2020. According to court filings, the extension would permit the companies to continue working toward achieving the important goals established at the outset of their Chapter 11 cases, which include the wind-down of Hahnemann University Hospital and the sale of St. Christopher's Hospital for Children. The companies have already developed and finalized a wind-down plan for Hahnemann University Hospital and are currently working to implement that plan. As for St. Christopher's Hospital, the court has already approved the sale of the hospital, which is expected to close on or before Dec. 13. The companies said they intend to propose and implement a plan of liquidation once the sale of St. Christopher's Hospital is closed and other significant issues are addressed. About Center City Healthcare d/b/a Hahnemann University Hospital Center City Healthcare, LLC, is a Delaware limited liability company that operates Hahnemann University Hospital. Its parent company is Philadelphia Academic Health System, LLC, which is also the parent company of St. Christopher's Healthcare, LLC and its affiliated physician groups. Center City Healthcare and its affiliates sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Lead Case No. 19-11466) on June 30, 2019. At the time of the filing, the Debtors estimated assets of between $100 million and $500 million and liabilities of the same range. The cases are assigned to Judge Kevin Gross. The Debtors tapped Saul Ewing Arnstein & Lehr LLP as legal counsel; EisnerAmper LLP as restructuring advisor; SSG Advisors, LLC as investment banker; and Omni Management Group, Inc., as claims and noticing agent. Andrew Vara, acting U.S. trustee for Region 3, appointed a committee of unsecured creditors on July 15, 2019. The committee tapped Fox Rothschild LLP as legal counsel; Sills Cummis & Gross P.C. as co-counsel; and Berkeley Research Group, LLC as financial advisor. CHIFLEZ CORP: Unsecured Creditors to Recover 5% to 9% in Plan -------------------------------------------------------------- Debtor Chiflez Corp. filed with the U.S. Bankruptcy Court for the Eastern District of New York a Chapter 11 Plan of Reorganization and a Disclosure Statement. General unsecured creditors will receive a distribution from a plan fund of $36,000, to be funded by the Debtor over a period of 36 months. The Debtor estimates that unsecured creditors will receive a distribution of 4.95% to 9.39% depending on the allowed amounts of the claims of Luz Trejos, Gladys Garcia, and Elsa Mayor. Equity interest holders are parties who hold an ownership interest in the Debtor. Finally, with respect to an individual who is a debtor, the debtor is the equity interest holder. The Debtor's equity is owned by Carlos Segarra. Mr. Segarra's equity interest will be cancelled under the Plan and new shares will be issued to his wife Lusmila Segarra in exchange for a new value contribution in the amount of $19,000. Payments and distributions under the Plan will be funded by a $19,000 contribution by Lusmila Segarra to be paid from her personal funds which will be used to fund the administrative expenses of the case. By signing the Disclosure Statement, Ms. Segarra represents that she has the funds available to make the new value contribution. The new value contribution will be funded no later than 7 days before the hearing on confirmation of the Plan. The Debtor shall be the disbursing agent under the Plan. A full-text copy of the Disclosure Statement dated Nov. 5, 2019, is available at https://tinyurl.com/y4ol8gsg from PacerMonitor.com at no charge. The Debtor is represented by: LAWRENCE F. MORRISON BRIAN J. HUFNAGEL MORRISON TENENBAUM PLLC 87 Walker Street, Floor 2 New York, New York 10013 Telephone: (212) 620-0938 Facsimile: (646)390-5095 About Chiflez Corp. Chiflez Corp. operates a Latin cuisine restaurant located at 95-02 Roosevelt Avenue, Jackson Heights, NY 11372. Juan Carlos Segarra supervises everything that happens with the business. Carlos Segarra is the 100% owner of the Debtor and Juan Carlos Segarra is the President. On June 18, 2019, Chiflez Corp. filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 19-43748). The Debtor was estimated to have less than $1 million in both assets and liabilities. MORRISON TENENBAUM, PLLC, is the Debtor's counsel. CONCORD AUTO: Hires Global Real Estate as Real Estate Broker ------------------------------------------------------------ Concord Auto Repair Services, Inc., and its debtor-affiliates seek authority from the U.S. Bankruptcy Court for the Northern District of Ohio to employ Global Real Estate Advisors, Inc., as real estate broker to the Debtors. Concord Auto requires Global Real Estate to assist the Debtors in marketing and sale of a commercial property located in Cleveland and Lake County area. Global Real Estate will be paid a commission of 8% of the sales price. To the best of the Debtor's knowledge 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. Global Real Estate can be reached at: Global Real Estate Advisors, Inc. 8585 East Ave. Mentor, OH 44060 Tel: (440) 255-5552 About Concord Auto Repair Services Concord Auto Repair Service, Inc., offers tire sales, auto service, maintenance and repairs, mufflers, alignments, and computer diagnostics services. Concord Auto Repair Service sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ohio Case No. 19-15456) on Aug. 30, 2019. At the time of the filing, the Debtor disclosed $4,578 in assets and $2,093,507 in liabilities. Forbes Law LLC is the Debtor's counsel. CONSOLIDATED LAND: Seeks to Extend Exclusivity Period to April 30 ----------------------------------------------------------------- The U.S. Bankruptcy Court for the Middle District of Florida extended the period during which only Consolidated Land Holdings, LLC and its affiliates can file a Chapter 11 plan of reorganization to April 30, 2020. The companies need an extension of the exclusivity period to negotiate with potential sources of exit financing and discuss plan terms with secured creditors, according to court filings. About Consolidated Land Holdings Consolidated Land Holdings and its subsidiaries are privately held companies engaged in activities related to real estate. Consolidated Land Holdings, LLC, and 21 affiliates concurrently filed voluntary petitions seeking relief under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Lead Case No. 19-04760) on July 22, 2019. The petitions were signed by Joseph G. Gillespie III, manager. At the time of filing, the Debtors estimated $50 million to $100 million in both assets and liabilities. The Debtors are represented by R Scott Shuker, Esq. at Latham, Shuker, Eden & Beaudine, LLP. COOL HOLDINGS: Extends Maturity of $1M Notes Until Nov. 30 ---------------------------------------------------------- Cool Holdings, Inc. entered into an amendment number 2 with the holders of a principal amount of $1,000,000 of debt pursuant to convertible notes issued in October 2018, as amended, to extend the maturity date of the Convertible Notes until Nov. 30, 2019. About Cool Holdings Cool Holdings, Inc., formerly known as InfoSonics Corporation -- http://www.coolholdings.com/-- is a Miami-based company currently comprised of OneClick, a chain of retail stores and an authorized reseller under the Apple Premier Partner, APR (Apple Premium Reseller) and AAR MB (Apple Authorized Reseller Mono-Brand) programs and Cooltech Distribution, an authorized distributor to the OneClick stores and other resellers of Apple products and other high-profile consumer electronic brands. Cool Holdings reported a net loss of $27.27 million for the year ended Dec. 31, 2018, compared to a net loss of $7.54 million for the year ended Dec. 31, 2017. As of June 30, 2019, the Company had $13.24 million in total assets, $21.47 million in total liabilities, and a total stockholders' deficit of $8.23 million. Kaufman, Rossin & Co., P.A., in Miami, Florida, the Company's auditor since 2018, issued a "going concern" qualification in its report dated April 16, 2019, on the Company's consolidated financial statements for the year ended Dec. 31, 2018, citing that the Company's significant operating losses raise substantial doubt about its ability to continue as a going concern. COOL HOLDINGS: Incurs $3.32 Million Net Loss in Third Quarter ------------------------------------------------------------- Cool Holdings, Inc. filed with the Securities and Exchange Commission its quarterly report on Form 10-Q reporting a net loss of $3.32 million on $7.06 million of net sales for the three months ended Sept. 30, 2019, compared to a net loss of $3.73 million on $5.38 million of net sales for the three months ended Sept. 30, 2018. For the nine months ended Sept. 30, 2019, the Company reported a net loss of $12.60 million on $17.21 million of net sales compared to a net loss of $9.44 million on $15.68 million of net sales for the nine months ended Sept. 30, 2018. As of Sept. 30, 2019, the Company had $29.57 million in total assets, $41.07 million in total liabilities, and a total stockholders' deficit of $11.50 million. Liquidity and Capital Resources Cool Holdings said, "We are in the early stages of executing our strategy. Because we have not been profitable and do not have a bank line of credit, our primary sources of funding have been the sale of debt and equity securities. Our ability to execute our strategy depends upon our future operating performance and on the availability of equity and debt financing, which is affected by prevailing economic conditions in our industry and financial, business and other factors, some of which are beyond our control. We cannot predict whether additional liquidity from equity or debt financings will be available on acceptable terms, or at all, in the foreseeable future. "We expect this situation will continue until we get adequately funded and are able to transform our network of retail stores, including those recently acquired with the recent Simply Mac acquisition, to a level where we can achieve sustained profitability. "Recognizing we may not have adequate liquidity from cash generated from business operations for current working capital needs and fully executing our strategy, we will need to access the public or private equity or debt markets for future development of expansions, acquisitions, additional working capital or other liquidity needs, if such financing is available on acceptable terms. We cannot guarantee that such financing will be available to us on acceptable terms or at all." A full-text copy of the Form 10-Q is available for free at: https://is.gd/lBZP8t About Cool Holdings Cool Holdings, Inc., formerly known as InfoSonics Corporation -- http://www.coolholdings.com/-- is a Miami-based company currently comprised of OneClick, a chain of retail stores and an authorized reseller under the Apple Premier Partner, APR (Apple Premium Reseller) and AAR MB (Apple Authorized Reseller Mono-Brand) programs and Cooltech Distribution, an authorized distributor to the OneClick stores and other resellers of Apple products and other high-profile consumer electronic brands. Cool Holdings reported a net loss of $27.27 million for the year ended Dec. 31, 2018, compared to a net loss of $7.54 million for the year ended Dec. 31, 2017. As of June 30, 2019, the Company had $13.24 million in total assets, $21.47 million in total liabilities, and a total stockholders' deficit of $8.23 million. Kaufman, Rossin & Co., P.A., in Miami, Florida, the Company's auditor since 2018, issued a "going concern" qualification in its report dated April 16, 2019, on the Company's consolidated financial statements for the year ended Dec. 31, 2018, citing that the Company's significant operating losses raise substantial doubt about its ability to continue as a going concern. CREW ENERGY: DBRS Confirms B Issuer Rating, Trend Stable -------------------------------------------------------- DBRS Limited confirmed the Issuer Rating of Crew Energy Inc. at B. DBRS Morningstar also confirmed Crew's Senior Unsecured Notes rating at B with a Recovery Rating of RR4. The trends are Stable. The ratings are underpinned by the Company's (1) current size (production estimated to average at the midpoint of guidance 22,000 barrels of oil equivalent (boe)/day; (2) capital and operational flexibility, as the Company operates the majority of its products and related processing facilities; and (3) significant inventory of drilling locations that could provide a source of future production. The ratings are constrained by the Company's heavy concentration of reserves and production in Northeastern British Columbia in the Montney play and higher weighting of production toward lower-valued natural gas (71% on a boe basis for year-to-date September 30, 2019), although the Company has secured takeaway pipeline capacity and has been able to attain better pricing relative to spot gas prices in Western Canada. The Company's key financial metrics are within the rating range. However, DBRS Morningstar notes that the Company's key leverage ratio has been rising in recent years as cash flow contracts due to weak commodity prices and the Company's overall level of indebtedness have increased. Crew's lease-adjusted debt-to-cash flow for the last 12 months ended September 30, 2019, was 4.14 times (x), within the B range, compared with 3.91x for F2018 and 2.95x for F2017. To manage during the current weaker commodity price environment and address the market-access challenges facing all Western Canadian oil and gas producers, Crew is aligning CAPEX with operating cash flow in order to mitigate possible free cash flow deficits and to preserve liquidity. The Company is also considering additional asset sales. Crew's liquidity provides some cushion with $156 million of capacity available as of September 30, 2019 (factoring in $56.9 million drawn on the facility and $21.8 million for letters of credit backed by the facility), on a $235 million borrowing-base credit facility. The Company also recently completed a semi-annual borrowing-base review with its lenders with no change in the borrowing base. The facility revolves for a 364-day period and is subject to the next 364-day extension by June 4, 2020. Furthermore, the $300 million of Senior Unsecured Notes outstanding is not due to mature until March 2024. Nonetheless, the Company's cash flow is sensitive to natural gas price changes and, to a lesser degree, changes in the price of crude oil and natural gas liquids. In the current weak pricing environment, cash flow could well decline further, causing more pressure on the Company's credit profile. Should the Company's credit profile deteriorate much more, DBRS Morningstar could take a negative rating action. Notes: All figures are in Canadian dollars unless otherwise noted. CRUISING GUIDE: Court Confirms Amended Reorganization Plan ---------------------------------------------------------- On Oct. 3, 2019, the U.S. Bankruptcy Court for the Middle District of Florida, Tampa Division, convened a hearing to consider the final approval of the disclosure statement and confirmation of the Amended Plan of Reorganization of debtor Cruising Guide Publications, Incorporated. On Nov. 5, 2019, Judge Catherine Peek McEwen ordered that: * The Disclosure Statement complies with 11 U.S.C. §1125 and is, therefore, finally approved as containing adequate information within the meaning of that section of the Bankruptcy Code. * The Amended Plan is confirmed pursuant to 11 U.S.C. § 1129. * The Debtor is authorized to execute, deliver, file, or record any documents, contracts, instruments, and other agreements and take all other actions as may be necessary to implement and effectuate the Plan. * The amount of the pro rata distributions in the Payment Schedule and incorporated herein by reference will be deemed finalized and binding as to the creditors thirty (30) days after the entry of the instant order, absent any pending objections. The Court will hold a status conference in, Courtroom 8B, Sam M. Gibbons United States Courthouse, 801 N. Florida Ave., Tampa, FL 33602 on Dec. 19, 2019, at 3:00 p.m., before the Honorable Catherine Peek McEwen, United States Bankruptcy Judge. A full-text copy of the Plan Confirmation Order is available at https://tinyurl.com/r22sfa2 from PacerMonitor.com at no charge. About Cruising Guide Publications Cruising Guide Publications, Incorporated, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 18-10689) on Dec. 13, 2018. In the petition signed by Simon P. Scott, vice president/manager, the Debtor estimated assets of less than $100,000 and liabilities of less than $500,000. The Debtor tapped Buddy D. Ford, PA, as its legal counsel. No official committee of unsecured creditors has been appointed in the Chapter 11 case. DELTA HOSPICE: U.S. Trustee Appoints Dr. Stacy as Ombudsman ----------------------------------------------------------- Peter C. Anderson,the United States Trustee for the Central District of California, Region 16m, pursuant to the Court's oral ruling on Nov. 7, 2019, applies for an order approving the appointment of Dr. Timothy J. Stacy as a patient care ombudsman for Delta Hospice of California, Inc. "I have expertise in supervising and assessing medical care in hospitals, outpatient facilities, and outpatient clinics. As Associate Chief Hospitalist and Chair of the Interdisciplinary Committee at Sherman Oaks and Encino Hospitals for the past five years, it has been my responsibility to perform duties to ensure patient safety and provider independence from corporate influence and report my findings monthly. Additionally, I have an independent private medical practice working as a hospitalist and critical care provider. I have no physician partners and I have no physician employees," Dr. Stacy said in a statement submitted to court. According to the U.S. Trustee, the PCO will: (a) monitor the quality of patient care provided to patients of the Debtor, to the extent necessary under the circumstances, including interviewing patients and physicians. (b) not later than 60 days after the entry of an order approving the PCO’s appointment, and not less frequently than at 60-day intervals thereafter, report to the Court after notice to the parties in interest, at a hearing, or in writing, regarding the quality of patient care provided to the patients of the Debtor. (c) if the PCO determines that the quality of patient care provided to patients of the Debtor is declining significantly or it otherwise being materially compromised, file with the court a motion or a written report, with notice to the parties in interest immediately upon making such determination pursuant to Chapter 11 U.S.C. The PCO can be reached at: Dr. Timothy J. Stacy 5268 Huckleberry Oak Street, Simi Valley, CA 93063 Tel: (805) 208-0434. A full-text copy of Application is available at https://tinyurl.com/wb328bj from PacerMonitor.com at no charge. About Delta Hospice Delta Hospice of California, Inc., is a hospice care services provider in Chino, California. Delta Hospice of California sought Chapter 11 protection (Bankr. C.D. Cal. Case No. 19-19750) on Nov. 1, 2019. The Debtor was estimated to have assets of $1 million to $10 million and liabilities of the same range as of the bankruptcy filing. The LAW OFFICE OF DAVID AKINTIMOYE is the Debtor's counsel. DIJA HOLDINGS: Seeks to Hire CBRE Valuation as Appraiser -------------------------------------------------------- Dija Holdings LLC seeks approval from the U.S. Bankruptcy Court for the District of North Dakota to hire an appraiser. In an application filed in court, the Debtor proposes to employ CBRE Valuation & Advisory Services to prepare an appraisal of its real property located at 12477 22C St. NW, Watford City, N.D. CBRE will charge a flat fee of $5,500 for the preparation of an appraisal report and will charge $250 per hour for any appearance at deposition. Justin Reed, director of CBRE, disclosed in court filings that he and his firm neither hold nor represent any interest adverse to the interest of the Debtor and its bankruptcy estate. CBRE can be reached through: Justin Reed Valuation & Advisory Services 400 S. Hope Street, 25th Floor Los Angeles, CA 90071 Email: justin.reed@cbre.com About Dija Holdings Dija Holdings, LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D.N.D. Case No. 19-30408) on July 18, 2019. In the petition signed by Jason Gillen, managing member, Dija Holdings was estimated to have assets of less than $500,000 and liabilities of less than $1 million. The case has been assigned to Judge Shon Hastings. Dija Holdings is represented by Patten, Peterman, Bekkedahl & Green PLLC. No official committee of unsecured creditors has been appointed in the Debtor's case. DIOCESE OF ROCHESTER: Seeks to Hire Bonadio & Co. as Accountant --------------------------------------------------------------- The Diocese of Rochester seeks approval from the U.S. Bankruptcy Court for the Western District of New York to hire Bonadio & Co., LLP as its accountant. The services to be provided by the firm include an audit of the Debtor's financial statements. The firm's hourly rates are: Mario Urso $425 Nancy Snyder $350 Aimee Jozic $300 Tax Partner $325 Quality Partner $350 Other Partners $300 Erin Cregan $200 Krista Spencer $200 Other Manager $200 Senior $150 Experienced Staff $95 Staff $80 Bonadio & Co. received a retainer in the amount of $45,700. Mario P. Urso, a partner at Bonadio & Co., disclosed in court filings that the firm is "disinterested" within the meaning of Section 101(14) of the Bankruptcy Code. The firm can be reached through: Mario P. Urso Bonadio & Co., LLP 171 Sully's Trail Pittsford, NY 14534 Phone: 585-249-2750 Email: murso@bonadio.com About the Diocese of Rochester The Diocese of Rochester in upstate New York provides support to 86 Roman catholic parishes across 12 counties in upstate New York. It also operates a middle school, Siena Catholic Academy ("SCA"). The Diocese has 86 full-time employees and six part-time employees and provides medical and dental benefits to an additional 68 retired priests and 2 former priests. The Diocese generated $21.88 million of gross revenue for the fiscal year ending June 30, 2019, compared with a gross revenue of $24.25 million in fiscal year 2018. The Diocese of Rochester filed for Chapter 11 bankruptcy protection (Bankr. W.D.N.Y. Case No. 19-20905) on Sept. 12, 2019, amid a wave of lawsuits over alleged sexual abuse of children. In the petition, the Diocese was estimated to have $50 million to $100 million in assets and at least $100 million in liabilities. Bond, Schoenec & King, PLLC is the Diocese's counsel. Stretto is the claims and noticing agent. DUKE INVESTMENTS: Ruling over Special Counsel Fees Upheld --------------------------------------------------------- Mark Duke, the owner and managing member of the bankruptcy debtor, Duke Investments, Ltd., seeks to vacate an order of the bankruptcy court that, he argues, impermissibly ordered him to pay the attorney's fees of Walker & Patterson, which served as special litigation counsel during DIL's bankruptcy. Upon review, District Judge George C. Hanks affirms the bankruptcy court's judgment. Duke formed DIL to acquire and develop oil and gas properties. About 15 years after founding DIL, Duke began looking for a new banker for DIL and was referred to Amegy Bank, N.A. Amegy entered into a loan agreement with Duke, who signed for DIL as the borrower and for himself individually as guarantor. Simultaneously with the loan agreement, Duke signed a derivative trading agreement with Amegy. The relationship soured, and Amegy eventually sued DIL and Duke in Texas state court and posted some of DIL's properties for foreclosure. DIL and Duke filed a separate lawsuit, also in Texas state court, to enjoin the foreclosure; and DIL filed a Chapter 11 bankruptcy petition. Duke and DIL then sued Amegy in an adversary proceeding related to DIL's bankruptcy, alleging, among other things, that Amegy had breached both the loan agreement and the derivative trading agreement, causing damages to Duke and DIL and excusing Duke and DIL from performing under the contracts. Amegy countersued both Duke and DIL, alleging that Amegy had not breached either agreement and was therefore owed balances on both. The balances claimed by Amegy were substantial: Amegy filed a proof of claim in DIL's bankruptcy asserting a secured claim in the amount of $5,259,958.43. DIL filed an application with the bankruptcy court to retain WP as special counsel under a contingent-fee arrangement to prosecute the adversary proceeding brought by Duke and DIL against Amegy. The proposed contingent-fee agreement was submitted to the bankruptcy court for approval and was signed by Duke individually; by Duke as managing member of DIL; and by WP. In the event that WP could claim a victory (and thus entitlement to a contingent fee) without actually bringing cash into the bankruptcy estate, the bankruptcy estate's assets and its other creditors would nevertheless be protected because the bankruptcy court had mandated a guarantee of WP's contingent fee from Duke, who as the owner and managing member of DIL had guaranteed DIL's debt to Amegy and was a party aligned with DIL in the adversary proceeding. There was no objection to the bankruptcy court's modification of the contingent-fee agreement, and the bankruptcy court approved the agreement as modified. The modified agreement became a formal retention order of the bankruptcy court and was entered on the bankruptcy court's dockets in both DIL's bankruptcy and the adversary proceeding, again without objection. The adversary proceeding in which WP represented Duke and DIL was later resolved. The settlement required Amegy to amend its proof of claim to assert a secured claim in the amount of $4,000,000 -- a reduction in the secured claim of $1,259,958.43. Since the recovery to Duke and DIL took the form of a reduction in Amegy's secured claim, Duke -- and Duke alone -- owed WP a contingent fee of $503,983.37; and WP filed an application for allowance of compensation in that amount. To make sure that it was absolutely clear who had to pay the fee, Amegy filed a "limited objection" to WP's application in which Amegy expressed no reservations about the amount of fees claimed by WP but "d[id] object to [WP's] fees and expenses being paid from the [bankruptcy] estate" because, "pursuant to the terms of the [bankruptcy court's retention order] only Mark Duke is liable for payment of the fee award and the estate is not be [sic] liable for payment." There was no response to Amegy's objection, which was a correct reading of the retention order. The bankruptcy court signed a fee award order awarding a $503,983.37 "contingency fee per order" and $3,405.50 in expenses to WP; to address Amegy's concerns, the bankruptcy judge included a statement in the fee order that "[t]he Debtor-in-possession shall not be liable for the awarded compensation." There was no objection to the fee order, and Duke did not appeal it. DIL's bankruptcy continued for five more years. During that time, WP unsuccessfully attempted to get Duke to pay the contingent fee by filing a motion for a writ of garnishment and an adversary complaint alleging fraudulent transfer of assets. After DIL's bankruptcy closed, WP filed a motion under Federal Rule of Civil Procedure 60(a) asking the bankruptcy court to reopen the bankruptcy and correct its order awarding the contingent fee and expenses to WP. Specifically, WP asked the bankruptcy court to "correct the Fee Order . . . to include the direct liability of Mr. Duke for the fees and expenses awarded." Duke opposed the motion, arguing that the requested correction would constitute an impermissible substantive change to the bankruptcy court's original fee order. In Duke's view, the bankruptcy court's original fee order only provided "that DIL was not liable for [WP's] fees[.] The [bankruptcy court] was never requested to enter . . . an order against Duke, individually." The bankruptcy judge understandably was quite unhappy with Duke's refusal to pay WP's fee. In light of the earlier proceedings, the judge was in utter disbelief that Duke could in good faith argue that the original fee order did not order him to pay WP. In response to a question from Duke's counsel about how WP's proposed correction targeted a clerical error. After the hearing, the bankruptcy court granted WP's Rule 60(a) request, entering an order in which it stated "that by oversight and clerical error the original fee order . . . failed to recite the Court's clear intentions, including the express intentions of the parties that Mr. Duke be personally liable for the awarded fees and expenses." The order clarified "that the amounts awarded are payable to [WP] solely by [Duke], and there shall be no claim against [DIL]." Duke appealed to the District Court, challenging the bankruptcy court's Constitutional authority and jurisdiction to adjudicate the matter of whether he owed attorney's fees to WP. Duke also characterizes the bankruptcy court's corrective order as a "substantive change" to the original fee order that was not permissible under Rule 60(a). The District Court finds that the bankruptcy judge did not exceed his authority under Rule 60(a) when he entered the appealed-from corrective order, as the bankruptcy court, in entering the corrective order, neither "resolve[d] an issue of substantive law it had not previously reached" nor "modif[ied] its resolution of any of the issues it had reached." Rivera, 647 F.3d at 200. In its retention order, the bankruptcy court mandated that Duke guarantee WP's fee and expenses in the event that the only recovery by Duke and DIL in their adversary action against Amegy was a reduction in the amount they owed to Amegy -- which, in the end, was exactly the recovery that Duke and DIL obtained. The retention order and the fee order required Duke to pay WP's fee and expenses; the failure of the bankruptcy court to expressly write "Duke must pay WP's fee and expenses" into the original fee order was, at most, the inadvertent omission of a determination that the record definitively shows the bankruptcy court to have already made. In short, the bankruptcy court's corrective order was permissible under Rule 60(a). "The correction simply caused the [order] to accurately memorialize what the court had previously decided[,]" -- namely, that Duke would pay WP's fee and expenses. The bankruptcy court properly utilized Rule 60(a) and did not abuse its discretion. The case is captioned MARK L. DUKE, Appellant, v. WALKER & PATTERSON, P.C., Appellee, Civil Action No. 4:18-CV-1137 (S.D. Tex.). A copy of the Court's Memorandum Opinion and Order dated Oct. 15, 2019 is available at Leagle.com. Duke Investments, LTD., and Mark L. Duke, Appellant are represented by Michael J. Durrschmidt , Hirsch & Westheimer PC. Walker & Patterson, P.C., Appellee, represented by Johnie J. Patterson, II , Walker & Patterson. Duke Investments, LLC filed for chapter 11 bankruptcy protection (Bankr. W.D. Pa. Case No. 13-22509) on June 12, 2013, and is represented by Richard R. Tarantine, Esq. of Tarantine & Associates, P.C. DURR MECHANICAL: Taps Greenbaum Rowe as Special Counsel ------------------------------------------------------- Durr Mechanical Construction, Inc., received approval from the U.S. Bankruptcy Court for the Southern District of New York to hire Greenbaum, Rowe, Smith & Davis LLP. The firm will represent the Debtor as special counsel in the adversary proceeding styled as Durr Mechanical Construction Inc. v. I.K. Construction Inc. (Adversary Proceeding No. 19-01308). The firm's hourly rates are: Steven Nudelman, Esq. Partner $440 Robert J. Flanagan, Esq. Partner $300 Daniel Lutfy Law Clerk $200 Tamir Sessoms Paralegal $175 Steven Nudelman, Esq., a partner at Greenbaum Rowe, disclosed in court filings that the firm and its attorneys neither hold nor represent any interest adverse to the Debtor. Greenbaum Rowe can be reached through: Steven Nudelman, Esq. Greenbaum, Rowe, Smith & Davis LLP 146 Route 34, Suite 325 Holmdel, NJ 07733 Tel: 732.476.2428 Fax: 732.476.2429 Email: snudelman@greenbaumlaw.com About Durr Mechanical Durr Mechanical Construction, Inc. -- http://www.durrmech.com/-- is a mechanical contracting company headquartered in New York. It offers commercial HVAC, scheduling and cost control, BIM drafting, erecting and setting equipment, process piping, power piping, and emergency services. Durr Mechanical Construction filed a voluntary petition for reorganization under Chapter 11 of Title 11 of the United States Code (Bankr. S.D.N.Y. Case No. 18-13968) on Dec. 7, 2018. In the petition signed by Kenneth A. Durr, president, the Debtor estimated $100 million to $500 million in assets and $50 million to $100 million in liabilities. The Debtor tapped LaMonica Herbst & Maniscalco, LLP as its bankruptcy counsel, and Grassi & Co. as its financial advisor. The Debtor also hired Shipman & Goodwin LLP, Schiff Hardin LLP and Peckar & Abramson, P.C. as its special counsel. EIG INVESTORS: Moody's Affirms B2 CFR, Outlook Stable ----------------------------------------------------- Moody's Investors Service affirmed EIG Investors Corp.'s existing ratings, including its B2 Corporate Family Rating, B2-PD Probability of Default Rating, the B1 ratings on its first lien credit facility (revolver and term loan), and the Caa1 rating on the company's senior unsecured notes. The company's Speculative Grade Liquidity Rating was maintained at SGL-2. The outlook remains stable. "Though business remains challenged and financial leverage high, Endurance's strong EBITDA margin relative to rated peers and healthy free cash flow along with the company's continued commitment to deploying excess cash toward debt repayment provide support for the B2 rating, " said Moody's AVP-Analyst Oleg Markin. Management is expected to support investment in strategic brands and focus on acquiring customers with long term value as the company transitions from being a hosting provider to becoming a global web presence and digital solutions provider. The transparency into the company's core product growth has been limited, masked by continued subscriber attrition in the legacy brands. Moody's believes that management will continue to balance revenue and subscriber growth with profitability while reducing debt. Affirmations: Issuer: EIG Investors Corp. Corporate Family Rating, Affirmed B2 Probability of Default Rating, Affirmed B2-PD Gtd Senior Secured 1st Lien Term Loan, Affirmed B1 (LGD3) Gtd Senior Secured 1st Lien Revolving Credit Facility, Affirmed B1 (LGD3) Senior Unsecured Notes, Affirmed Caa1 (LGD6) Maintained: Issuer: EIG Investors Corp. Speculative Grade Liquidity Rating, Maintained at SGL-2 Outlook Actions: Issuer: EIG Investors Corp. Outlook, Remains Stable RATINGS RATIONALE Endurance's B2 CFR is constrained by the company's high debt-to-EBITDA leverage, estimated at approximately 6.5x (Moody's adjusted and including expensing of capitalized software) as of September 30, 2019, challenges in returning to revenue growth, and ongoing investments needed to develop new products, expand solutions and improve overall customer experience. The web services industry is intensely competitive, highly fragmented, mature and has low barriers to entry. Providers have modest pricing power for basic products, hosting and domain name sales, as well as low attach rates for add-on services that result in low average revenue per subscriber. Conversely, Endurance's rating is supported by the company's solid competitive position as a global scaled provider of web services through its 4 core brands (Bluehost, HostGator, Domain.com and Constant Contact), recurring nature of its subscription-based revenue model, diverse customer base and strong EBITDA margin. In addition, the company has a good track record of generating positive free cash flow and repaying debt in excess of minimum requirement. Moody's expects Endurance to have good liquidity over the next 12-15 months as reflected in the SGL-2 rating. The company's liquidity is supported by solid cash balances of $84.5 million as of September 30, 2019, and Moody's expectation for annual free cash flow in excess of $100 million in 2020 along with full availability under its $165 million revolving credit facility. The revolving credit facility includes a non-extended tranche of approximately $58.8 million due February 9, 2021 and an extended tranche of approximately $106.2 million due June 20, 2023 (with a springing maturity date of November 10, 2022). Moody's does not expect the company to utilize its revolving credit facility over the next 12-15 months. These cash sources provide good coverage of require term loan amortization that is modest at approximately $31.6 million per year. There is also a required mandatory prepayment of debt from excess cash flow (50% of excess cash flow, subject to leverage-based step-downs). Borrowings under the first lien credit facility are subject to a maximum senior secured net leverage ratio test (as defined in the creditagreement) of 6.0 times and Moody's expects EIG to maintain ample cushion within the covenant based on its projected earnings levels and debt paydown for the next 12-15 months. The stable outlook reflects Moody's expectation that Endurance will prioritize debt repayment and that free cash flow will remain around 5-7% of total debt in 2020. The ratings could be downgraded if operating performance substantially deteriorates, including increases in churn rates, weak organic subscriber growth, margin compression or inability to maintain competitive products. Specifically, Endurance's rating could be downgraded if free cash flow to debt (Moody's adjusted) falls below 5%. Alternatively, the ratings could be upgraded if the company maintains organic revenue growth in mid-single digit percentages and demonstrates a commitment to balanced financial policies. An upgrade will also require the company to sustain free cash in the high single digit percentages of total debt (Moody's adjusted) and debt-to-EBITDA (Moody's adjusted and expensing all capitalized software development costs) below 5.0x. Social and governance risks are considered moderate in Endurance's credit profile. Social risks for Endurance can include a data breach event, where intellectual property and other internal types of sensitive records could be subject to legal or reputational issues. However, management monitors its social risks closely, including data protection and storage of client data on its servers, as well as workforce resource planning. Among governance considerations, Endurance is a sponsor-controlled public company with an aggressive financial policy that allows for high leverage. In addition, management historically has not met its performance targets. The principal methodology used in these ratings was Business and Consumer Service Industry published in October 2016. EIG Investors Corp. is a wholly owned subsidiary of Endurance International Group Holdings, LLC. Endurance is a global web presence solutions provider primarily to small and medium size businesses. Funds affiliated with the private equity firms Warburg Pincus International LLC, GS Capital Partners and insiders control approximately 49% of the outstanding common stock. Endurance reported approximately $1.1 billion in revenues for the twelve months ended September 30, 2019. FERNANDO LAPETINA: Deadline to Decide on PCO Extended ----------------------------------------------------- Judge Brian K. Tester has ordered that the motion of the U.S. Trustee requesting for an extension of time of 21 days to inform the Court on whether Patient Care Ombudsman is necessary in the Chapter 11 case of Fernando Luis Lapetina-Irizarry and Tenssie Marie Santiago-Carrasquillo is granted. An order is due by Nov. 27, 2019. A full-text copy of the Nov. 7, 2019 order is not Necessary is available at https://tinyurl.com/yx7vncyb from PacerMonitor.com at no charge. About Fernando Luis Lapetina-Irizarry Fernando Luis Lapetina-Irizarry and Tenssie Marie Santiago-Carrasquillo sought Chapter 11 protection (Bankr. D.P.R. Case No. 19-05976) on Oct. 15, 2019. LUGO MENDER& CO, led by Wigberto Lugo Mender, Esq., is the Debtors' counsel. FIRED UP: Dec. 11 Plan Confirmation Hearing Set ----------------------------------------------- Debtor Fired Up, Inc., filed with the U.S. Bankruptcy Court for the Western District of Texas, Austin Division, a motion to conditionally approved disclosure statement in support of its Plan of Reorganization. On Nov. 5, 2019, Tony M. Davis conditionally approved disclosures and established the following dates and deadlines: * Dec. 3, 2019, is the deadline for creditors to vote to accept or reject the plan. * Dec. 3, 2019, is the deadline for creditors or parties in interest to object to final approval of the disclosures or confirmation of the Plan. * Dec. 11, 2019, at 10:30 a.m. is the hearing to finally approve the disclosures and to consider confirmation of the Plan to be held in the United States Bankruptcy Court, 903 San Jacinto, Courtroom No. 1. The Debtor is represented by: Stephen W. Sather Barron & Newburger, P.C. 7320 N. MoPac Expwy., Suite 400 Austin, TX 78731 About Fired Up Inc. Based in Austin, Texas, Fired Up Inc. has been involved in the hospitality industry for 19 years. It owned and operated 45 company-owned stores known as Johnny Carino's Italian in 7 states and 61 franchised or licensed locations in 17 states. Fired Up, Inc. filed its first bankruptcy proceeding on (Bankr. W.D. Tex. Case No. 14-10447) on March 27, 2014 and emerged from bankruptcy in 2016. Fired Up filed its present Chapter 11 case (Bankr. W.D. Tex. Case No. 16-101816) on July 14, 2016. Barron & Newburger PC is the Debtor's counsel. The Debtor in December 2016 won approval from the bankruptcy court to sell substantially all assets to Bluestone Holdings Group, LLC. FIVE J’S AUTO PARTS: Disclosure Statement Conditionally Approved ------------------------------------------------------------------ Five J's Auto Parts, the debtor-in-possession, a small business debtor, filed a Chapter 11 Plan and a proposed Chapter 11 Disclosure Statement on Nov. 1, 2019. Judge Robert H. Jacobvitz from the U.S. Bankruptcy Court for the District of New Mexico conditionally approved the Disclosure Statement. By Nov. 5, 2019, Debtor's attorney shall see that a copy of this order and notice, the Plan, the Disclosure Statement, and a ballot conforming to official form 14 are transmitted by mail to debtor and to all creditors, equity security holders, and other parties in interest. Dec.6, 2019 is fixed as the last day for filing and serving written objections to the Disclosure Statement and filing and serving written objections to confirmation of the Plan. Dec. 6, 2019 is fixed as the last day to submit written acceptances or rejections of the Plan to the Debtor's attorney. Dec. 12, 2019 at 9:00 a.m is the hearing to consider final approval of the Disclosure Statement and confirmation of the Plan. As reported in the TCR, Five J's Auto Parts, Incorporated, filed a Chapter 11 Plan and Disclosure Statement. Under the Plan, the Debtor's secured and priority creditors would be paid in full, and the Debtor's unsecured creditors would receive a one-time payment of $10,000, resulting in a distribution of approximately 0.34% for their claims, which is more than they would receive under a hypothetical chapter 7 case. A full-text copy of the Disclosure Statement dated Nov. 1, 2019, is available at https://tinyurl.com/y6269qem from PacerMonitor.com at no charge. Attorneys for the Debtor: Daniel A. White ASKEW & MAZEL, LLC 1112 Central Ave. SW, Suite 1 Albuquerque, NM 87102 Tel: (505) 433.3097 Fax: (505) 717.1494 E-mail: dwhite@askewmazelfirm.com About Five J's Auto Ronald N. and Kathleen E. McCulloch founded Five J's Auto Parts, Incorporated, as a family owned car crushing business 42 two years ago in Albuquerque, New Mexico. Realizing that there were too many valuable automobile parts going to the crushers, the family began dismantling and saving the main parts for sale to individuals and auto repair shops. On June 18, 2013, Jeffrey Herndon and Sharon Herndon filed a Complaint for Personal Injuries and Damages against the Debtor and others in the State of New Mexico, County of Valencia, Thirteenth Judicial District Court, commencing Case No. D-1314-CV-2013-00726 (the "State Court Case"). ASKEW & MAZEL, LLC serves as counsel for the Debtor. FLAMINGO/TENAYA: Shortened Hearing on Disclosures Denied -------------------------------------------------------- Judge Bruce T. Beesely from the U.S. Bankruptcy Court for the District of Nevada DENIED the request of Lucky's Two-Way Radios Inc and James A. Kay Jr. for an order shortening the time to hear the disclosure statement for the Plan they are proposing for Flamingo/Tenaya, LLC. As reported in the TCR, Lucky's Two Way Radio, Inc. and James A. Kay Jr. ("Proponents") submitted a proposed plan of reorganization for debtor Flamingo/Tenaya, LLC. The unsecured claims of Hutchinson & Bloodgood, NextGen Integrated, and Sunset Cleaning (Class 3) are unimpaired -- the claimants will be entitled to retain the postpetition payments in full satisfaction of their claims. Allowed administrative and unsecured claims shall be paid from funds on hand derived from operations. A full-text copy of the Disclosure Statement dated November 4, 2019, is available at https://tinyurl.com/y689uaqs from PacerMonitor.com at no charge. Counsel for Lucky's Two-Way Radios, Inc. and James A. Kay Jr.: CARLYON CICA CANDACE C. CARLYON DAWN M. CICA TRACY M. O'STEEN 265 E. Warm Springs Road, Suite 107 Las Vegas, NV 89119 Telephone:(702) 685-4444 Facsimile: (725) 220-4360 About Flamingo/Tenaya LLC Based in Las Vegas, Nevada, Flamingo/Tenaya, LLC is engaged in activities related to real estate. It filed as a domestic limited liability company in Nevada on March 5, 2003. Flamingo/Tenaya sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Nev. Case No. 17-16614) on Dec. 12, 2017. At the time of the filing, the Debtor was estimated to have assets of $1 million to $10 million and liabilities of $1 million to $10 million. The case has been assigned to Judge Laurel E. Davis. FOXHOLE BAR: Hires Gamberg & Abrams as Bankruptcy Counsel --------------------------------------------------------- Foxhole Bar LLC, seeks authority from the U.S. Bankruptcy Court for the Southern District of Florida to employ Gamberg & Abrams, as bankruptcy counsel to the Debtor. Foxhole Bar requires Gamberg & Abrams to: a. advise the Debtors with respect to its powers and duties as the Debtor and debtor-in-possession in the continued management and operation of its business and properties; b. attend meetings and negotiate with representatives of creditors and other parties in interest and advise and consult on the conduct of the cases, including all of the legal and administrative requirements of operating in Chapter 11; c. advise the Debtor on matters relating to the evaluation of the assumption, rejection or assignment of unexpired leases and executory contracts; d. provide advice to the Debtor with respect to legal issues arising in or relating to the Debtor's ordinary course of business; e. take all necessary action to protect and preserve the Debtor's estates, including the prosecution of actions on its behalf, the defense of any actions commenced against the estates, negotiations concerning all litigation in which the Debtor may be involved and objections to claims filed against the estate; f. prepare on behalf of the Debtor all motions, applications, answers, orders, reports and papers necessary to the administration of the estates; g. negotiate and prepare on the Debtor's behalf a plan of reorganization, disclosure statement and all related agreements and documents, and take any necessary action on behalf of the Debtor to obtain confirmation of such plan; h. attend meetings with third parties and participate in negotiations with respect to the above matters; i. appear before the Bankruptcy Court, any appellate courts, and the U.S. Trustee, and protect the interests of the Debtor's estates before such courts and the U.S. Trustee; and j. perform all other necessary legal services and provide all other necessary legal advice to the Debtors in connection with the Chapter 11 cases. Gamberg & Abrams will be paid based upon its normal and usual hourly billing rates. Pm October 14, 2019, Gamberg & Abrams received from the Debtor the amount of $15,000 as retainer, of which $4,720, and $1,717 filing fee were deducted for fees and expenses, leaving a balance retainer of $9,163. Gamberg & Abrams will also be reimbursed for reasonable out-of-pocket expenses incurred. Thomas L. Abrams, a partner at Gamberg & Abrams, 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. Gamberg & Abrams can be reached at: Thomas L. Abrams, Esq. GAMBERG & ABRAMS 633 S. Andrews Ave., Suite 500 Fort Lauderdale, FL 33322 Tel: (954) 523-0900 Fax: (954) 915-9016 E-mail: tabrams@tabramslaw.com About Foxhole Bar LLC Foxhole Bar, LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No. 19-23972) on Oct. 17, 2019. At the time of the filing, the Debtor had estimated assets of less than $50,000 and liabilities of between $100,001 and $500,000. The case is assigned to Judge A. Jay Cristol. The Debtor tapped Thomas Abrams, Esq., as its legal counsel. FUIGO LLC: Seeks Approval to Hire Collar City Auctions ------------------------------------------------------ Fuigo LLC seeks authority from the U.S. Bankruptcy Court for the Southern District of New York to hire an auctioneer. In an application filed in court, the Debtor proposes to employ Collar City Auctions Realty & Mgmt, Inc. in connection with the auction sale of its assets, which include fixtures, office furniture and de minimis assets, which it used in operating its businesses in New York and Irvington. The auctioneer will receive 15 percent of the gross sale proceeds as commission and a 22 percent buyer premium to be paid by the winning bidder, subject to a 4 percent discount for cash sales. The firm will also receive reimbursement of up to $8,750 for work-related expenses. Collar City Auctions is a "disinterested person" within the meaning of Section 101(14) of the Bankruptcy Code, according to court filings. The auctioneer can be reached at: Randy Passonno Collar City Auctions Realty & Management, Inc. 9423 Western Turnpike, Suite 102 Delanson, NY 12053 Phone: (518) 895-8150 About Fuigo LLC Fuigo LLC is a provider of workspace and business solutions for interior designers. It is a technology company providing end-to-end business software. Fuigo filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y. Case No. 19-12662) on Aug. 16, 2019. In the petition signed by Maurice Riad, chief executive officer, the Debtor estimated $1 million to $10 million in assets and $500,000 to $1 million in liabilities. Todd E. Duffy, Esq., at DuffyAmedeo LLP, is the Debtor's counsel. FULL X TECH: Seeks to Extend Exclusivity Period to March 14 ----------------------------------------------------------- Full X Tech, Corp. asked the U.S. Bankruptcy Court for the Southern District of Florida to extend the exclusive period for the filing of its Chapter 11 plan to March 14, 2020, and the period to solicit acceptances for the plan to June 14, 2020. The company anticipates filing its plan and disclosure statement after the Nov. 25 deadline for filing claims. Full X Tech said it will have tough decisions in the formulation of a viable plan given that its Chapter 11 case involves only unsecured creditors, and that it is necessary for the company to have ample time to negotiate the terms of the plan with its creditors. About Full X Tech Full X Tech, Corp. is a privately owned company in Miami, that wholesales computers, computer equipment, cellphones, telephones, network devices and printers. Full X Tech sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No. 19-19461) on July 17, 2019. At the time of the filing, the Debtor was estimated to have assets of between $500,000 and $1 million and liabilities of between $1 million and $10 million. The case has been assigned to Judge Robert A. Mark. The Debtor is represented by Sagre Law Firm, P.A. GABRIEL INVESTMENT: Hires Pulman Cappuccio as Counsel ----------------------------------------------------- Gabriel Investment Group, Inc., and its debtor-affiliates seek authority from the U.S. Bankruptcy Court for the Western District of Texas to employ Pulman Cappuccio & Pullen, LLP, as counsel to the Debtor. Gabriel Investment requires Pulman Cappuccio to: a. take all necessary actions to protect and preserve the Debtors' estates, including the prosecution of actions on the Debtors' behalf, the defense of any action commenced against the Debtors, the negotiation of disputes in which the Debtors are involved, and preparation of objections to claims filed against the Debtors' estates; b. prepare on behalf of Debtors any necessary applications, answers, complaints, motions, objections, responses, orders, reports, and any other pleadings and court filings in connection with the administration and prosecution of the Debtors' Cases; c. advise and consult with the Debtors concerning legal questions regarding all aspects of the Debtors' Cases, including issues regarding administering the bankruptcy estates' assets, sale or lease of such assets, claims and objections to claims, and any appropriate litigation including avoidance actions or affirmative claims of the estates against third parties; d. assist the Debtors with the formulation of a plan or plans of reorganization, including, if necessary, attending and assisting in negotiation sessions, discussions and meetings with the Debtors' creditors; and e. perform all other necessary legal services in connection with the Cases. Pulman Cappuccio will be paid at these hourly rates: Randall A. Pulman, Partner $450 Thomas Rice, Counsel $375 Catherine Stone Curtis, Partner $325 Amber L. Fly, Associate $250 Matthew McGowan, Associate $250 Sydnee Garcia, Associate $250 Paralegal $125 Law Clerk $90 Prior to the Petition Date, the Debtor paid $250,000 to the Firm as a retainer for preparation and filing this Chapter 11 Cases. The Firm incurred $20,690 in fees and $8,595 in expenses, which was applied against the retainer prior to filing the petitions. The Firm also wrote off the balance of $479.30 incurred in defending the preference action. The Firm holds the remaining $220,715 as a retainer for security against post-petition fees and expenses. Pulman Cappuccio will also be reimbursed for reasonable out-of-pocket expenses incurred. Randall A. Pulman, a partner at Pulman Cappuccio & Pullen, 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/its estates. Pulman Cappuccio can be reached at: Mr. Randall A. Pulman, Esq. PULMAN CAPPUCCIO & PULLEN, LLP 2161 N.W. Military Highway, Suite 400 San Antonio, TX 78213 Tel: (210) 222-9494 Fax: (210) 892-1610 E-mail: RPulman@pulmanlaw.com About Gabriel Investment Group Gabriel Investment Group, Inc., founded in 1948, operates a chain of package stores that sell wines, liquors, and beers. As of the Petition Date, Gabriel operates 15 package store locations as Gabriel's Liquor and 30 package store locations as Don's & Ben's Liquor. Gabriel Investment Group sought relief under Chapter 11 of the Bankruptcy Code (Bank. W.D. Tex. Lead Case No. 19-52298) on Sept. 27, 2019 in San Antonio Texas. The other debtor affiliates are: Don's & Ben's Inc. (Bankr. W.D. Tex. 19-52299); Gabriel Holdings, LLC (Bankr. W.D. Tex. 19-52300); SA Discount Liquors, Inc. (Bankr. W.D. Tex. 19-52301); and Gabriel GP, Inc. (Bankr. W.D. Tex. 19-52302). In the petitions signed by Inez Cindy Gabriel, president, the Debtors were estimated to have assets at $1 million to $10 million and liabilities within the same range. Judge Ronald B. King is assigned the Debtors' cases. PULMAN, CAPPUCCIO & PULLEN, LLP, is the Debtors' counsel. GANDYDANCER LLC: Case Summary & 20 Largest Unsecured Creditors -------------------------------------------------------------- Debtor: GandyDancer, LLC, a New Mexico Limited Liability Company 5801 Bobby Foster Road, Suite A Albuquerque, NM 87105 Business Description: GandyDancer, LLC provides underground utilities, railroad construction, maintenance, excavation, heavy-haul transportation, bridge construction, and demolition services. Chapter 11 Petition Date: November 21, 2019 Court: United States Bankruptcy Court District of New Mexico (Albuquerque) Case No.: 19-12669 Judge: Hon. David T. Thuma Debtor's Counsel: Don F. Harris, Esq. NM FINANCIAL LAW, P.C. 320 Gold Avenue SW, Suite 1401 Albuquerque, NM 87102 Tel: 505-503-1637 E-mail: nmfl@nmfinanciallaw.com Estimated Assets: $0 to $50,000 Estimated Liabilities: $1 million to $10 million The petition was signed by Jamin Hutchens, managing member. 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/nmb19-12669.pdf GATE 3 LIQUIDATION: Former CRO Files Liquidating Plan ----------------------------------------------------- Timothy H. Shaffer of Clotho Corporate Recovery, LLC, filed a proposed Chapter 11 Liquidating Plan for Gate 3 Liquidation Inc. Following a court-approved auction, Stig Investments, Inc., assumed certain liabilities and purchased substantially all of Bob Bondurant School of High Performance Driving, Inc.'s assets for $1.675 million. The sale closed on May 17, 2019. As part of the sale, the Debtor changed its name to Gate 3 Liquidation, Inc., and no longer operates the School. Post-sale, the Debtor retained only the proceeds of the sale and certain assets that were specifically excluded from the sale. Shaffer, the plan proponent, served as chief restructuring officer for the Debtor from Nov. 13, 2018 to Sept. 13, 2019. According to Shaffer's Disclosure Statement, General Unsecured Creditors in Class 3 will receive a beneficial interest in the Plan Trust and shall be paid its pro rata share of the Plan Trust Fund in accordance with the Plan Trust Agreement after full payment of Allowed Administrative Claims and Priority Claims. In the event sufficient funds are available to pay all allowed claims in this Class, the Plan Trustee will pay interest at a rate of 3 percent per annum. Class 3 is impaired and is entitled to vote on the Plan. Unsecured Claim of the Bondurants (Class 4) will be paid their pro rata share of the Plan Trust Fund in accordance with the Plan Trust Agreement and the Final Order allowing such Claim (that may provide for the subordination of such Claim), after full payment of all Allowed Administrative, Priority and General Unsecured Claims. A full-text copy of Shaffer's Disclosure Statement is available at https://tinyurl.com/w6888ae from PacerMonitor.com at no charge. About Bob Bondurant School of High Performance Driving Inc. Founded in 1968 and headquartered in Phoenix, Arizona, Bob Bondurant School of High Performance Driving, Inc. -- https://www.bondurant.com/ -- is a performance driving school, specializing in racing, karting, teen driving, and law enforcement driving education. The Bob Bondurant School of High Performance Driving facility offers a 1.6-mile, 15-turn multi-configuration track, pumping Dodge SRT Viper and Hellcat-shaped corpuscles through the winding paved veins. There's also a multi-purpose, eight-acre asphalt pad that is home to the Throttle Steer Circle, slalom, autocross, skid pad, braking and accident avoidance curricula, and skid-car training. In addition, Wild Horse Motor Sports Park has three other race tracks within its grounds, especially for select advanced road racing and corporate group programs. Bob Bondurant School of High Performance Driving, Inc., sought protection under Chapter 11 of the Bankruptcy Code (Bankr. Bankr. D. Ariz. Case No. 18-12041) on Oct. 2, 2018. In the petition signed by Patricia C. Bondurant, president/CEO, the Debtor estimated assets and liabilities of less than $10 million each. The Hon. Brenda K. Martin is assigned to the case. The Debtor tapped Hilary L. Barnes, Esq. of Allen Barnes & Jones, PLC, as its counsel. Thomas Azzarelli of B2B CFO, LLC, as chief financial officer. No official committee of unsecured creditors has been appointed in the Debtor's case. Following a court-approved auction, Stig Investments, Inc., assumed certain liabilities and purchased substantially all of the Debtor's assets for $1.675 million. The sale closed on May 17, 2019. GOLDEN TREE: Hires Wiggam & Geer as Bankruptcy Counsel ------------------------------------------------------ Golden Tree, Inc., seeks authority from the U.S. Bankruptcy Court for the Northern District of Georgia to employ Wiggam & Geer, LLC, as bankruptcy counsel to the Debtor. Golden Tree requires Wiggam & Geer to: (a) assist in the preparation of pleadings and applications; (b) conduct of examination; (c) advise the Debtors of their rights, duties and obligations as debtors-in-possession; (d) consult with the Debtors and represent with respect to a Chapter 11 plan; (e) perform those legal services incidental and necessary to the day-to-day operations of Applicants’ business, including, but not limited to, institution and prosecution of necessary legal proceedings, and general business and corporate legal advice and assistance; (f) take any and all other action incident to the proper preservation and administration of the Debtors' estate and business. Wiggam & Geer will be paid at these hourly rates: Attorneys $400 Paralegals $120 Wiggam & Geer will be paid a retainer in the amount of $10,000. Wiggam & Geer will also be reimbursed for reasonable out-of-pocket expenses incurred. Will B. Geer, a partner at Wiggam & Geer, 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. Wiggam & Geer can be reached at: Will B. Geer, Esq. WIGGAM & GEER, LLC 50 Hurt Plaza, SE, Suite 1150 Atlanta, GA 30303 Tel: (404) 233-9800 Fax: (404) 287-2767 E-mail: wgeer@wiggamgeer.com About Golden Tree Golden Tree, Inc. classifies its business as single asset real estate (as defined in 11 U.S.C. Section 101(51B)). Its principal assets are located at 1050 Holcombe Road, Decatur, Ga. The Debtor previously sought bankruptcy protection (Bankr. N.D. Ga. Case No. 18-62776) on Aug. 2, 2018. Golden Tree sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ga. Case No. 19-62090) on Aug. 4, 2019. At the time of the filing, the Debtor was estimated to have assets of between $1 million and $10 million and liabilities of the same range. The case has been assigned to Judge Sage M. Sigler. The Debtor is represented by The Law Office of Kennon Peebles, Jr. GREENWAY SERVICES: Dec. 5 Disclosure Statement Hearing Set ---------------------------------------------------------- On Nov. 1, 2019, Greenway Services, Inc. filed with the U.S. Bankruptcy Court for the Western District of Virginia a disclosure statement and a plan. On Nov. 5, 2019, Judge Paul M. Black ordered that the hearing to consider the approval of the Disclosure Statement will be held at US District Courtroom, US Courthouse, 180 W. Main St., Abingdon, VA 24210 on Dec. 5, 2019, at 10:30 a.m. Nov. 27, 2019, is fixed as the last date for filing and serving in accordance with Rule 3017 (a) written objections to the Disclosure Statement. As reported in the TCR, the Plan proposes to establish a liquidation trust into which all the past due accounts will be placed. An Estate Representative, Travis Profitt will supervise the liquidation of those accounts. A full-text copy of the Disclosure Statement dated Nov. 1, 2019, is available at https://tinyurl.com/yyfn4352 from PacerMonitor.com at no charge. About Greenway Services Greenway Services, Inc. -- http://greenwayservicesincorporated.com/ -- offers clearing and demolition, earthwork, storm drainage, utilities, and paving and concrete services. Since 1989, the Company has been serving the NC, SC, VA, TN and KY areas. Greenway was founded in 2008 by Mark Osborne and its initial business was to provide reclamation services to the coal industry. Thereafter, it branched into the excavating business. The company filed its Chapter 11 petition because of a series of lawsuits against it as a result of past due balances due to creditors and threats of repossession of its equipment. Greenway Services, Inc., based in Abingdon, VA, filed a Chapter 11 petition (Bankr. W.D. Va. Case No. 19-70750) on May 31, 2019. In the petition signed by Mark D. Osborne, president, the Debtor was estimated to have $1 million to $10 million in both assets and liabilities. The Hon. Paul M. Black oversees the case. The Debtor hired Copeland Law Firm, P.C, as bankruptcy counsel to the Debtor. GYSUM RESOURCES: Taps Colliers Int'l to Provide Litigation Support ------------------------------------------------------------------ Gypsum Resources Materials, LLC seeks authority from the U.S. Bankruptcy Court for the District of Nevada to employ Colliers International Valuation & Advisory Services, LLC. Colliers will provide court testimony, fair market value opinion and litigation support regarding its appraisal reports on the real properties owned by 5212 Spanish Heights LLC, an affiliate of Gypsum. The firm conducted the appraisal on the Nevada properties on Aug. 22. The firm will charge $250 per hour for the services of its associates, $350 per hour for valuation services directors, and $450 per hour for managing directors. The retainer fee is $5,000. Colliers is a "disinterested person" as defined by Section 101(14) of the Bankruptcy Code, according to court filings. The firm can be reached at: Evan Ranes Colliers International Valuation & Advisory Services, LLC 3960 Howard Hughes Pkwy #150 Las Vegas, NV 89169 Phone: 702 836 3749 Email: Evan.Ranes@colliers.com About Gypsum Resources Materials Based in Las Vegas, Gypsum Resources Materials, LLC, a privately held company in the gypsum mining business, and its affiliate Gypsum Resouces, LLC filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Nev. Lead Case No. 19-14799) on July 26, 2019. The petitions were signed by James M. Rhodes, president of Truckee Springs Holdings, LLC, manager of Gypsum Resources, LLC. At the time of the filing, Gypsum Resources Materials was estimated to have $10 million to $50 million in both assets and liabilities. Gypsum Resouces, LLC was estimated to have $50 million to $100 million in both assets and liabilities. Fox Rothschild LLP, led by Brett A. Axelrod, Esq., is the Debtors' counsel. Hill Farrer & Burrill LLP is the special counsel. HARLEM CROSSINGS: Unsec. Creditors to Be Paid in Full in 8 Months ----------------------------------------------------------------- HARLEM CROSSINGS, LLC, a shopping center in Frankfor, Illinois, has a Chapter 11 plan that says creditors will be paid in full over time. Harlem Crossings Shopping Center is a 48,125 square-foot retail facility located on Illinois Highway 43 about 1-mile South of Interstate 80 in Frankfort, Illinois. According to the Disclosure Statement, the Debtor's reorganization hinges on the completion of Phase III. At this point, Debtor has only rented 4,297 of the 28,093 square-feet in Phase III. Debtor estimates that the cost of completion would be $600,000.00. That cost would allow the Debtor to rent the unfinished 23,796 square-feet at a rate of $7.00 to 10.00 per square-foot which equates to an increase of gross income of $166,572 to $237,960. The Debtor is also aggressively renting spaces. It will be seeking authority to retain a leasing agent for the property. The Debtor is also exploring the option of selling the property. The Debtor will be seeking the employment of a seller's agent to list the real estate for sale. The Plan proposes to treat claims and interests as follows: * Class 1 – 100% Payment. On the Distribution Date each allowed Administrative Claim shall be paid in full in cash or upon such other terms as may be agreed upon by an Administrative Claimant and the Debtor. The United States Trustee quarterly fee shall be paid pursuant to 28 U.S.C. Section 1930(a)(6). All administrative claims take priority over all other priority and non-priority unsecured claims with regard to payment regardless of any other provisions in this plan or disclosure statement. * Class 2 – Elizon DB Transfer, LLC. Elizon DB Transfer, LLC, which holds a claim secured by mortgages encumbering the real estate located at 19800 S. Harlem Ave., Frankfort, Illinois, shall be paid 100% of its allowed secured claim of $4,978,636.63 with 5% interest amortized over a 30-year period. Debtor shall make 24 monthly payments of $21,500.00 followed by 24 monthly payments of $24,000.00. The remaining balance will be due in full in month 49. Payments shall commence within 30 days of the effective date of the Plan. * Class 3 - Tenants of Harlem Crossings Shopping Center. The Debtor will maintain the security deposits of the tenants and shall only deduct from the security deposits for past due rent and property damage that is beyond normal wear and tear. * Class 4 - The non-contingent, undisputed, liquidated, unsecured debts. The Debtor estimates the total amount of Class 4 claims to be less than $4,000. The Debtor shall fund a pool of $4,000 by making 8 monthly payments of $500 with the first payment to be no later than 90 days after the effective date of the Plan. The claims will be paid each month on a pro rata basis. The Plan is based on the belief of the Debtor in Possession that the present liquidation value of the Debtor's assets would be sufficient to pay all classes of unsecured creditors a dividend of 0% of their debts. The values which the Debtor used in the foregoing liquidation analysis assume the assets are sold for their full fair market value. It is the Debtor's belief that in a forced liquidation of the Debtor's assets will bring substantially less than the market value used in the liquidation analysis. In a foreclosure sale such as the one pending in Will County, the creditor owes no duty to seek a surplus from the sale. As a result, the assets may be sold for the value of the lien, or less, leaving no distribution to the general, unsecured creditors. A full-text copy of the Disclosure Statement is available at https://tinyurl.com/y3lvunav from PacerMonitor.com at no charge. The Debtor's counsel can be reached at: Roy Jackson Dent, III DENT LAW OFFICES, LTD. P.O. Box 1633 415 W. Virginia Ave. Effingham, IL 62401 Tel: 217-330-5500 Fax: 866-870-6855 E-Mail: notices@dentlawoffices.com About Harlem Crossing HARLEM CROSSINGS, LLC, owns Harlem Crossings Shopping Center, a 48,125 square-foot retail facility located on Illinois Highway 43 about 1-mile South of Interstate 80 in Frankfort, Illinois. Phase I of the development was completed in 2006 with 10,000 square-feet of retail space. In late 2007, Debtor completed Phase II which added 10,032 square-feet of retail space. In June of 2008, Debtor began Phase III which consisted of 28,093 square-feet. In 2008, the financial crisis halted the construction of Phase III when Great Lakes Bank, the original creditor, stopped lending to Debtor for the completion of the project. The three loans for the real estate were transferred to First Midwest Bank, which declined to advance any funds to Debtor. First Midwest Bank sold its loans to Elizon DB Transfer, LLC for approximately $3,400,000.00. Harlem Crossings LLC filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ill. Case No. 19-28399). In the petition signed by Frank V. Klauck, manager, the Debtor disclosed $5,726,361 in assets and $5,003,095 in liabilities. The case is assigned to Judge Jacqueline P Cox. Roy J Dent at Orr Law, LLC, is the Debtor's bankruptcy counsel. The Debtor tapped the Law Offices of Kenneth Donkel as special counsel; Sagamore Capital Strategies, LLC, as loan broker; and Baum Realty Group, LLC, as leasing agent. HOSPITAL ACQUISITION: Supplements Final Cash Use Order ------------------------------------------------------ Hospital Acquisition LLC and its affiliated debtors filed with the U.S. Bankruptcy Court for the District of Delaware a stipulation supplementing the final order authorizing Debtors to obtain postpetition financing and use of cash collateral. On Nov. 5, 2019, Judge Brendan L. Shannon approved the stipulation and ordered that: * The Parties acknowledge and agree that the interim Wind Down Budget shall be deemed the Budget for purposes of the Final DIP Order, effective upon the occurrence of the DIP Repayment Event. The Debtors shall be permitted to use the Cash Collateral in accordance with the Budget and are authorized to make disbursements in accordance therewith. The Prepetition Term Facility Agents shall have the same oversight of the Budget as had been provided to the DIP Lender under the Final DIP Order. * The Parties acknowledge and agree that, in addition to the Cash Collateral Termination Events set forth in the Final DIP Order, upon written notice from the Prepetition Term Facility Agents to the Debtors and the Committee, the occurrence and continuation of any of the following shall constitute a Cash Collateral Termination Event under Paragraph 50 of the Final DIP Order: (i) if by Nov. 15, 2019, the Debtors, the Prepetition Term Facility Agents and the Committee have not agreed to the terms and conditions of a combined disclosure statement and plan of liquidation of the Debtors and the Debtors have not filed it with the Court; and (ii) if by Dec. 3, 2019, the Parties have not agreed on a final form of Wind Down Budget and the Court has not entered an order, in form and substance acceptable to the Prepetition Term Facility Agents, which includes a permanent waiver of the Debtors’ rights under Bankruptcy Code section 506(c) to charge any costs or expenses of administration which may have been or may be incurred in the Cases at any time against the Prepetition Term Facilities Collateral or the Prepetition Term Facility Lender Parties. About Hospital Acquisition Headquartered in Plano, Texas, and founded in 1992, Hospital Acquisition LLC and its subsidiaries are operators of long-term acute care hospitals. Through their operating subsidiaries, the Debtors provide a full range of clinical services to patients with serious and complicated illnesses or injuries requiring extended hospitalization. They operate a 49-bed behavioral health hospital in Pittsburgh, Pennsylvania as well as three out-patient wound care centers located within its Plano, Texas, Fort Worth, Texas and Dallas Texas hospitals. As of the petition date, the Debtors operate 17 facilities in nine states. Hospital Acquisition LLC and its subsidiaries, including LifeCare Holdings, LLC, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Lead Case No. 19-10998) on May 6, 2019. Hospital Acquisition estimated assets of $100 million to $500 million and liabilities of $100 million to $500 million. The Debtors tapped Akin Gump Strauss Hauer & Feld LLP and Young Conaway Stargatt & Taylor, LLP as counsel; Houlihan Lokey, Inc. as financial advisor; BRG Capital Advisors LLC as investment banker; Prime Clerk LLC as claims and noticing agent; and Crowe LLP as its audit and tax advisor. The Office of the U.S. Trustee appointed a committee of unsecured creditors on May 17, 2019. Greenberg Traurig, LLP is the committee's legal counsel. Jerry Seelig of Seelig + Cussigh HCO LLC was appointed as the patient care ombudsman in the Debtors' cases. Perkins Coie LLP and Morris James LLP represent the PCO as legal counsel. HOVA MANAGEMENT: Case Summary & 3 Unsecured Creditors ----------------------------------------------------- Debtor: Hova Management Group Corp. 89 Mill River Road Oyster Bay, NY 11771 Business Description: Hova Management Group Corp. is engaged in activities related to real estate. The company owns four properties in Jamaica, New York having an aggregate current value of $4.4 million (based in expert valuation). Chapter 11 Petition Date: November 21, 2019 Court: United States Bankruptcy Court Eastern District of New York (Central Islip) Case No.: 19-77963 Judge: Hon. Alan S. Trust Debtor's Counsel: Michael F. Kanzer, Esq. MICHAEL F. KANZER & ASSOCIATES P.C. 2214 Kimball Street Basement Level Brooklyn, NY 11234 Tel: (718) 769-7200 Fax: (347) 702-8208 E-mail: kanzerlaw@yahoo.com Total Assets: $4,409,730 Total Liabilities: $3,090,380 The petition was signed by Esmaeil Hosseinpour, president. A full-text copy of the petition containing, among other items, a list of the Debtor's three unsecured creditors is available for free at: http://bankrupt.com/misc/nyeb19-77963.pdf HVI CAT CANYON: Trustee Seeks to Hire Danning Gill as Counsel ------------------------------------------------------------- Michael McConnell, the Chapter 11 trustee for HVI Cat Canyon, Inc., seeks approval from the U.S. Bankruptcy Court for the Central District of California to hire Danning, Gill, Israel & Krasnoff, LLP as his legal counsel. The services to be provided by the firm include advising the trustee concerning the requirements of bankruptcy law; investigating the Debtor's financial transactions; reviewing the validity of claims of creditors; and assisting the trustee with the use, sale or lease of estate property. The firm will charge these hourly fees for the services of its attorneys: Richard Diamond $695 Eric Israel $670 John Tedford, IV $625 Uzzi Raanan $625 Brad Krasnoff $670 Zev Shechtman $495 George Schulman $650 Aaron de Leest $565 Michael D'Alba $510 Sonia Singh $350 The hourly rates for paralegals, legal assistants and law clerks range from $210 to $250. The firm's attorneys are "disinterested" within the meaning of Section 101(14) of the Bankruptcy Code, according to court filings. Danning Gill can be reached through: Eric P. Israel, Esq. John N. Tedford, IV, Esq. Danning, Gill, Israel & Krasnoff, LLP 1901 Avenue of the Stars, Suite 450 Los Angeles, CA 90067-6006 Tel: 310-277-0077 Fax: 310-277-5735 E-mail: eisrael@dgdk.com jtedford@dgdk.com About HVI Cat Canyon HVI Cat Canyon, Inc., is a privately held oil and gas extraction company based in New York. HVI Cat Canyon sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y. Case No. 19-12417) on July 25, 2019. In the petition signed by Alex G. Dimitrijevic, president, the Debtor was estimated to have assets of between $100 million and $500 million and liabilities of the same range. On Aug. 28, 2019, the case was transferred to the U.S. Bankruptcy Court for the Northern District of Texas. On Sept. 12, 2019, the case was transferred to the U.S. Bankruptcy Court for the Central District of California and was assigned a new case number (Case No. 19-11573). The Debtor tapped Weltman & Moskowitz, LLP as bankruptcy counsel; Epiq Bankruptcy Solutions, LLC as claims and noticing agent; and Cappello Global, LLC and Camden Financial Services as financial advisors. The Office of the U.S. Trustee appointed a committee of unsecured creditors in the Debtor's case. The committee tapped Pachulski Stang Ziehl & Jones LLP as bankruptcy counsel; Cole Schotz P.C., as local and conflict co-counsel; and Conway MacKenzie, Inc. as financial advisor. Michael A. McConnell was appointed as Chapter 11 trustee for the Debtor's bankruptcy estate. The trustee is represented by Danning, Gill, Israel & Krasnoff, LLP. HVI CAT CANYON: Trustee Taps CR3 Partners as Restructuring Advisor ------------------------------------------------------------------ Michael McConnell, the Chapter 11 trustee for HVI Cat Canyon, Inc., seeks approval from the U.S. Bankruptcy Court for the Central District of California to hire CR3 Partners, LLP, as his restructuring and financial advisor. The firm will provide these services in connection with the Debtor's Chapter 11 case: a. assume the role of chief restructuring officer of the Debtor and report to the trustee; b. prepare a revised 13-week cash collateral budget; c. examine agreements with other entities and affiliates to determine if they should be continued, modified and outsourced; d. assess staffing and priorities, resources and competence; e. evaluate corporate structure to see if other entities should be brought into the case; f . consider substantive consolidations issues; g. review costs to work over wells and prepare a cost/benefit analysis and plan; h. prepare a capital expenditure budget; i. evaluate unpaid royalties; j. review leases and review chain of title of parties; k. evaluate environmental issues and claims made by regulatory agencies; 1. determine ultimate viability and prepare go-forward recommendations to the trustee; m. assist the trustee in the implementation of any operational improvement opportunities identified; n. support the trustee in addressing issues as they arise in the Debtor's case; and o. assist the trustee in discussions with claimants. The firm's hourly rates are: William Snyder $750 Tim Skillman $670 James Baring $450 Partners $600 - $695 Staff $350 - $450 CR3 Partners is "disinterested" within the meaning of Section 101(14) of the Bankruptcy Code, according to court filings. The firm can be reached through: Tim Skillman CR3 Partners, LLP 6171 West Century Boulevard, Suite 350 Los Angeles, CA 90045 Tel: 800-728-7276 About HVI Cat Canyon HVI Cat Canyon, Inc., is a privately held oil and gas extraction company based in New York. HVI Cat Canyon sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y. Case No. 19-12417) on July 25, 2019. In the petition signed by Alex G. Dimitrijevic, president, the Debtor was estimated to have assets of between $100 million and $500 million and liabilities of the same range. On Aug. 28, 2019, the case was transferred to the U.S. Bankruptcy Court for the Northern District of Texas. On Sept. 12, 2019, the case was transferred to the U.S. Bankruptcy Court for the Central District of California and was assigned a new case number (Case No. 19-11573). The Debtor tapped Weltman & Moskowitz, LLP as bankruptcy counsel; Epiq Bankruptcy Solutions, LLC as claims and noticing agent; and Cappello Global, LLC and Camden Financial Services as financial advisors. The Office of the U.S. Trustee appointed a committee of unsecured creditors in the Debtor's case. The committee tapped Pachulski Stang Ziehl & Jones LLP as bankruptcy counsel; Cole Schotz P.C., as local and conflict co-counsel; and Conway MacKenzie, Inc. as financial advisor. Michael A. McConnell was appointed as Chapter 11 trustee for the Debtor's bankruptcy estate. The trustee is represented by Danning, Gill, Israel & Krasnoff, LLP. IN MARKETING: Seeks to Extend Exclusivity Period to March 10 ------------------------------------------------------------ Inmarketing Group, Inc. asked the U.S. Bankruptcy Court for the District of New Jersey to extend the exclusive period to file a Chapter 11 plan to March 10, 2020, and the period to solicit acceptances to May 11, 2020. For at least 13 years, Travelers Indemnity Company has relied on Inmarketing to single-handedly create and oversee its rewards programs. However, Inmarketing's relationship with Travelers is now in doubt primarily due to the latter's alleged refusal to pay the company. Inmarketing's attorney, Eric Snyder, Esq., at Wilk Auslander LLP, said the company needs to decide whether to reject or assume its agreement with Travelers, adding that loss of the Travelers account may impact the negotiation and formulation of the plan because it will likely affect the company's future revenue available to pay creditors. The imminent expiration of Inmarketing's office lease and the adversary proceeding against Andrew Perlmutter, the company's chief executive officer and founder, also present other unresolved contingencies that may affect formulation of a plan, according to Mr. Snyder. The attorney said Inmarketing will not wait until the conclusion of the adversary case to propose a plan but the passage of time will provide more certainty on the potential outcome of the case. About IN Marketing Group IN Marketing Group -- http://www.inmarketinggroup.com-- is an advertising agency that helps companies grow by providing corporate gifts and customized incentive programs to their clients. It helps businesses penetrate new markets, reward their loyal customers and upsell to existing clients while retaining their top sales performers. IN Marketing Group sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D.N.J. Case No. 19-25754) on Aug. 14, 2019. In the petition signed by Alan Traiger, president, the Debtor estimated $2,206,521 in assets and $4,513,541 in liabilities. The case is assigned to Judge Stacey L. Meisel. The Debtor is represented by Shapiro Croland Reiser Apfel & Di Iorio, LLP and Wilk Auslander LLP. The Office of the U.S. Trustee appointed a committee of unsecured creditors in the Debtor's bankruptcy case. INSIGHT TERMINAL: Seeks to Extend Exclusivity Period to March 31 ---------------------------------------------------------------- Insight Terminal Solutions, LLC and Insight Terminal Holdings, LLC asked the U.S. Bankruptcy Court for the Western District of Kentucky to extend the exclusivity period to file a Chapter 11 plan to March 31, 2020, and the period to solicit votes for the plan to May 30, 2020. ITS is working to develop a brownfield, multi-commodity dry bulk export terminal at the West Gateway property in Oakland, Calif. Once it obtains financing for the project, the company will proceed with the construction of a terminal at the project site. The project is presently stalled by litigation stemming from actions or inactions of the City of Oakland. To address this, the companies have been meeting with government officials and Oakland community leaders to educate and garner their support for the project. The companies believe the majority of the city council members will take actions favorable to them. About Insight Terminal Solutions Insight Terminal Solutions -- http://insightterminals.com-- is an Oakland, Calif.-based company that provides terminal and stevedoring services at the Oakland Bulk and Oversized Terminal (OBOT) for a variety of bulk agriculture and mineral commodities. Insight Terminal Solutions and its affiliate Insight Terminal Holdings, LLC filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Ky. Lead Case No. 19-32231) on July 17, 2019. The petitions were signed by John J. Siegel, Jr., manager. At the time of filing, Insight Terminal Solutions estimated $1 million to $10 million in assets and $10 million to $50 million in liabilities. Insight Terminal Holdings estimated $50,000 in assets and $1 million to $10 million in liabilities. Andrew David Stosberg, Esq., at Middleton Reutlinger represents the Debtor as counsel. IPIC-GOLD CLASS: Hires Crowe LLP as Tax Service Provider -------------------------------------------------------- iPic-Gold Class Entertainment LLC, and its debtor-affiliates seek authority from the U.S. Bankruptcy Court for the District of Delaware to employ Crowe LLP, as tax service provider to the Debtors. iPic-Gold Class requires Crowe LLP to: (a) prepare the federal and state returns for the Debtors; (b) prepare any necessary tax return filing extensions; (c) provide advice regarding any quarterly estimated tax payments for tax year 2019; (d) provide response to notices received from the IRS Identity Theft Division related to the 2018 tax year that is needed from the IRS to process the 2018 Form 1065, partnership return filed on behalf of certain debtors ("IRS Identity Theft Notice"); and (d) provide such other services to the Debtors as may be necessary to complete the state and federal tax returns and remain in tax compliance resulting from the above- captioned bankruptcy case, as to be agreed to by Crowe and the iPic Debtors. Crowe LLP will be paid a flat fee of $68,061 for finalizing the preparation and filing of the tax returns, plus reimbursement for out-of-pocket expenses such as photocopying and postage. The firm's hourly rates are: Partner/Director $555 to $875 Senior Manager $325 to $635 Manager $240 to $480 Senior Staff $205 to $310 Staff $150 to $280 Cindy B. Kushner, a partner at Crowe 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. Crowe LLP can be reached at: Cindy B. Kushner CROWE LLP 401 East Las Olas Blvd., Suite 1100 Fort Lauderdale, FL 33301-4230 Tel: (954) 202-8600 Fax: (954) 202-8639 About iPic Entertainment iPic Entertainment Inc. -- http://www.ipic.com/-- operates casual restaurants, farm-to-glass full-service bars, and theater auditoriums with in-theater dining. They currently operate 123 screens at 16 locations in nine states, with an additional two locations under construction, and have executed leases for an additional nine sites in California, Georgia, Virginia, Washington, Connecticut, New York, Texas, and Florida. In addition, they applied for licenses to operate theaters in Saudi Arabia. iPic Entertainment Inc. and 5 affiliates sought Chapter 11 protection on Aug. 5, 2019. The lead case is In re iPic-Gold Class Entertainment, LLC (Bankr. D. Del. Lead Case No. 19-11739). iPic Entertainment disclosed $156,969,000 in assets and $290,860,000 in debt as of May 31, 2019. PACHULSKI STANG ZIEHL & JONES LLP is the Debtors' bankruptcy counsel. AURORA MANAGEMENT PARTNERS is the financial advisor. STRETTO is the claims agent. JAGGED PEAK: Seeks to Hire Young Conaway as Counsel --------------------------------------------------- Jagged Peak, Inc., seeks authority from the U.S. Bankruptcy Court for the District of Nevada to employ Young Conaway Stargatt and Taylor, LLP, as counsel to the boards of directors of Debtors Jagged Peak, Inc. ("Jagged Peak") and TradeGlobal North America Holding, Inc. ("TGNA"). Young Conaway was first retained by the boards of Jagged Peak and TGNA (together, the "Boards") on or about September 11, 2019. Since being retained, Young Conaway has advised the Boards on a wide range of governance and management issues, has conducted board calls, has recorded and distributed minutes. Young Conaway will continue to provide substantially the same services as it did prior to the Petition Date, including advising the Boards with respect to fiduciary duties and general governance issues. Young Conaway will be paid at the hourly rate of $905. Young Conaway will be paid a retainer in the amount of $50,000. After deducting fees and expenses, Young Conaway continues to hold a Retainer in the amount of $ 28,424.70, which will constitute a general retainer as security for post-petition services and expenses. Young Conaway will also be reimbursed for reasonable out-of-pocket expenses incurred. Michael R. Nestor, partner of Young Conaway Stargatt and Taylor, 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/its estates. Young Conaway can be reached at: Michael R. Nestor, Esq. YOUNG CONAWAY STARGATT & TAYLOR, LLP 1000 North King Street Wilmington, DE 19801 E-mail: mnestor@ycst.com About Jagged Peak Jagged Peak Inc. and its subsidiaries are software companies in Tampa, Florida. The Debtors deliver end-to-end global eCommerce solutions that help companies break into new markets and build customer base by creating a seamless experience across borders for all product types. Jagged Peak, Inc., based in Tampa, FL, and its debtor-affiliates sought Chapter 11 protection (Bankr. D. Nev. Lead Case No. 19-15959) on Sept. 16, 2019. In the petitions signed by CRO Jeremy Rosentha, Jagged Peak, and TradeGlobal, LLC, were estimated to have assets of $50 million to $100 million and liabilities of $10 million to $50 million; and TradeGlobal North America Holding, Inc. was estimated to have assets of $1 million to $10 million and estimated liabilities of less than $50,000. The Hon. Mike K. Nakagawa oversees the cases. Gregory E. Garman, Esq., at Garman Turner Gordon, serves as bankruptcy counsel to the Debtors. BMC Group, Inc., is the claims and noticing agent to the Debtors. JCM INSURANCE: Dec. 10, 2019 Plan & Disclosures Hearing Set ----------------------------------------------------------- On November 1, 2019, Debtor JCM Insurance, Inc. filed with the U.S. Bankruptcy Court for the Middle District of Florida, Jacksonville Division, a disclosure statement with respect to a plan. On Nov. 5, 2019, Judge Jerry A. Funk conditionally approved the disclosure statement and ordered that: * Creditors and other parties in interest will file with the court their written ballots accepting or rejecting the Plan no later than 10 days before the date of the Confirmation Hearing. * Within four days after the entry of this order, the plan of reorganization, the disclosure statement and a ballot for accepting or rejecting the plan, and this Order conditionally approving the disclosure statement shall be mailed by the attorney for the proponent of the plan sought to be confirmed to creditors, equity security holders, and other parties in interest as provided in Fed. R. Bank. P. 3017(d), and shall promptly certify such mailing to the Court. * Dec. 10, 2019, is fixed for the hearing on final approval of the disclosure statement and for the hearing on confirmation of the plan. The hearing will be held at 11:00 a.m., in 4th Floor Courtroom D, 300 North Hogan Street, Jacksonville, Florida. * Any objections to Disclosure or Confirmation shall be filed and served seven days before Dec. 10, 2019, and shall be governed by Fed.R.Bank. 9014. About JCM Insurance Inc. JCM Insurance, Inc., sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 19-01691) on May 6, 2019. At the time of the filing, the Debtor was estimated to have assets of less than $500,000 and liabilities of less than $500,000. The Debtor is represented by the Law Offices of Mickler & Mickler. JOHN HOANG TRIEN: Parties Agree to Trustee Appointment ------------------------------------------------------ The Texas Attorney General filed a motion seeking appointment of a Chapter 11 trustee in the case of John Hoang Trien. Bayview Loan Servicing supported the motion. On Oct. 30, 2019, the OAG, Bayview, James E. Galaway, and the Debtor entered a stipulation, under which the parties agreed to the appointment of a Chapter 11 trustee. At the parties' behest, the Court has ordered the U.S. Trustee to appoint a Chapter 11 trustee. Until the U.S. Trustee has appointed a Chapter 11 trustee and the Court has approved the appointment of a Chapter 11 trustee, the the Debtor is authorized to close any sale transaction that has been approved by prior order of the Court on the terms set forth in such prior order of the Court. A full-text copy of the Order is available at https://tinyurl.com/w8yr954 from PacerMonitor.com at no charge. The Chapter 11 case is In re John Hoang Trien (Banks. W.D. Tex. Case No. 19-31300-hcm). JUST FOR YOU: Dec. 18 Plan Confirmation Hearing Set --------------------------------------------------- On Oct. 4, 2019, the U.S. Bankruptcy Court for the Northern District of Alabama, Northern Division, convened a hearing for the second amended disclosure statement filed by Debtor Just For You Coach, Inc. on Nov. 1, 2019. On Nov. 5, 2019, Judge Clifton R. Jessup, Jr. approved the second amended disclosure statement and established the following dates and deadlines: * Dec. 18, 2019, at 11:30 a.m. is the hearing on confirmation of the plan to be held at the Federal Building, 101 Holmes Avenue, Huntsville, Alabama, 35801. * Dec. 9, 2019, by 5:00 p.m., CDT is fixed as the deadline by which the holders of claims and interests against the Debtor must file ballots accepting or rejecting the Plan. * Dec. 9, 2019, by 5:00 p.m., CDT is fixed as the last day by which creditors and parties in interest must file any objections to confirmation of the Plan. * The Debtor must file a Memorandum in Support of Confirmation explaining pursuant to 11 U.S.C. ' 1129 how the Plan satisfies the requirements for confirmation, including evidence of feasibility on or before Wednesday, Dec. 11, 2019, by 5:00 p.m., CDT. About Just For You Coach Just For You Coach, Inc., operates a commercial charter bus company. The company is owned by Dwight Conway. Just For You Coach sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ala. Case No. 19-81116) on April 11, 2019. At the time of the filing, the Debtor estimated assets of less than $500,000 and liabilities of less than $1 million. The case is assigned to Judge Clifton R. Jessup Jr. Maples Law Firm, PC, is the Debtor's counsel. KAUMANA DRIVE: PCO Hires Barbara L. Franklin as Counsel ------------------------------------------------------- Jacqueline Gardner, the Patient Care Ombudsman of Kaumana Drive Partners, LLC, seeks authority from the U.S. Bankruptcy Court for the District of Hawaii to employ Barbara L. Franklin, Esq., as counsel to the PCO. The PCO requires Barbara L. Franklin to assist in the reporting requirements; provide advice necessary to perform her duties under the Bankruptcy Code; file motions; and assist in any evidentiary hearings defending the determination that the quality of healthcare is declining. Barbara L. Franklin will be paid at the hourly rate of $300. Barbara L. Franklin will also be reimbursed for reasonable out-of-pocket expenses incurred. Barbara L. Franklin 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. Barbara L. Franklin can be reached at: Barbara L. Franklin, Esq. 45-3438 Mamane Street, Bldg 2 Honokaa, HI 96727 Tel: (808) 775-0530 Fax: (808) 775-1040 E-mail: barbara@island-law.com About Kaumana Drive Partners Kaumana Drive Partners, LLC, owner of a skilled nursing care facility in Hilo, Hawaii, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Hawaii Case No. 19-01266) on Oct. 6, 2019. At the time of the filing, the Debtor was estimated to have assets between $10 million and $50 million and liabilities of the same range. The case is assigned to Judge Robert J. Faris. The Debtor tapped Choi & Ito, Attorneys at Law as its legal counsel. KJM CAPITAL: Unsecureds to Receive 'Speculative' Cash Flow Note --------------------------------------------------------------- KJM Capital Transportation Fund, LLC and its affiliated debtors filed with the U.S. Bankruptcy Court for the Middle District of Florida, Orlando Division, a Joint Plan of Reorganization and a Disclosure Statement. The Plan provides for payment of Allowed Secured Claims in Classes 1 through 11 in full, over time. Allowed General Unsecured Claims (Class 12) will receive a pro rata share of the Cash Flow Note. The Cash Flow Note will be in the total amount of all allowed unsecured claims and have quarterly payments, over the course of 60 months, in an amount equal to 20% of the excess of cash over the amount of budgeted cash as reflected in the Projections. The obligation to make payments under the Cash Flow Note will lapse on the earlier of sale of all assets of Reorganized Debtors or 60 months and, in no event, will total payments under the Cash Flow Noted exceed the total amount of Allowed Class 12 Claims. Although the payments under the Cash Flow Note are speculative, in the event of a conversion and liquidation, there would be likely no distribution to Holders of Allowed Class 12 Claims as the debt encumbering assets exceeds the value of such assets. Class 12 is Impaired. On the Effective Date, all existing Interests (Class 13) will be extinguished and 100% of the equity in Cold Carriers shall be vested in Equity Investor, in exchange for the New Investment, and, thereafter, Cold Carriers shall be the 100% owner of all other Reorganized Debtors. Class 13 is Impaired. The Plan contemplates that the Debtors will continue to operate with reduced operating expenses and lower debt service requirements due to the valuation of assets to the current value and, thus, lower monthly required payments on Secured Claims. The Debtors believe the proceeds of the New Investment and cash flow generated from operations following the restructuring of their debt will be sufficient to make all Plan Payments and will be sufficient to pay ordinary course expenses, including but not limited to, payroll and administrative costs. The Plan is premised on the purchase of equity and infusion of new funds (the "New Investment") such that Equity Investor will become the sole owner of the Reorganized Debtors. The New Investment will consist of cash and new loans in amounts to be determined and disclosed at least 10 days' prior to the Confirmation Hearing. Equity Investor will be the direct owner of Cold Carriers and Cold Carriers will be the 100% owner of the Reorganized Sunco, Interide, Gantt, and Logistics. A full-text copy of the Disclosure Statement dated Nov. 5, 2019, is available at https://tinyurl.com/y6j5aw49 from PacerMonitor.com at no charge. The Debtors are represented by: R. Scott Shuker, Esq. Florida Bar No. 0984469 rshuker@lseblaw.com SHUKER & DORRIS, P.A. 121 S. Orange Avenue, Suite 1120 Orlando, Florida 32801 Tel: 407-337-2060 Fax: 407-337-2050 About KJM Capital KJM Capital Transportation Fund, LLC, along with six debtor affiliates which also operate in the general freight trucking business, sought Chapter 11 protection (Bankr. M.D. Fla. Lead Case No. 19-06302) in Orlando, Florida, on Sept. 27, 2019. In the petition signed by Kenneth J. Meister, manager, KJM was estimated to have assets at $10 million to $50 million and liabilities within the same range. SHUKER & DORRIS, P.A., represents the Debtors. KOI DESIGN: Dec. 17 Plan & Disclosure Hearing Set ------------------------------------------------- On November 13, 2019, Koi Design LLC, the chapter 11 debtor filed its First Amended Chapter 11 Plan of Reorganization and its First Amended Disclosure Statement. The Plan provides for the Debtor's emergence from its chapter 11 bankruptcy case, which the Debtor anticipates will occur in December 2019. Under the Plan, the Debtor will satisfy its debt and other claims and implement a recapitalization with approximately $12 million of new capital. Following a status conference on Nov. 12, 2019, the Court has agreed to set Dec. 17, 2019 at 2:00 p.m. as the combined hearing to consider final approval of the Disclosure Statement and confirmation of the Plan. About Koi Design Koi Design LLC -- https://www.koihappiness.com/ -- is an independently-owned, woman-run company engaged in wholesale distribution of women's and men's clothing and accessories. Koi Design, a California limited liability company, filed a voluntary Chapter 11 petition (Bankr. C.D. Cal. Case No. 19-10762) on Jan. 25, 2019. In the petition signed by Kathy Peterson, president and managing member, the Debtor estimated $10 million to $50 million in both assets and liabilities. The case is assigned to Judge Neil W. Bason. The Debtor tapped Brutzkus Gubner Rozansky Seror Weber LLP as its legal counsel, and Broadway Advisors, LLC as its financial advisor. LABORATORIO ACROPOLIS: Plan & Disclosures Deadline Extended ----------------------------------------------------------- Judge Mildred Caban Flores of the U.S. Bankruptcy Court for the District of Puerto Rico granted debtor Laboratorio Acropolis Inc. an extension until Dec. 6, 2019 of the deadline to file a Plan of Reorganization and Disclosure Statement. In seeking an extension, the Debtor explained that its accountant is working with projected cash flow and other financial data in order to submit the Disclosure Statement and Plan. The drafts of both have been already discussed with the Debtor's officer. About Laboratorio Acropolis Laboratorio Acropolis, Inc., was incorporated in 2004 to purchase as a going concern a business named "Laboratorio Acropolis," a provider of clinical laboratory services. The Debtor previously filed a Chapter 11 petition (Bankr. D.P.R. Case No. 16-04609) on June 9, 2016. Laboratorio Acropolis again sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D.P.R. Case No. 19-02601) on May 8, 2019. At the time of the filing, the Debtor estimated assets of less than $500,000 and liabilities of between $1 million and $10 million. Judge Mildred Caban Flores oversees the case. The Law Office of Gloria Justiniano Irizarry is the Debtor's counsel. LAWSON NURSING: Cleared by Ombudsman in 5th Report -------------------------------------------------- In the Chapter 11 case of Lawson Nursing Home, Inc., Margaret Barajas, the state long-term care ombudsman, submitted her fifth 60-day report. The Lawson Nursing Home offers skilled nursing care services in Jefferson Hills, Allegheny County, Pennsylvania, under a regular license issued by the PA Department of Health. The population they serve is primarily geriatric. As indicated in the previous report, each week throughout the reporting period the local ombudsmen completed facility visits. Unannounced visits by certified program representatives disclosed that: * Room temperatures remain consistent and appropriate for the season; * Number of care staff at the facility remain consistent; and * A majority of residents report that they are satisfied with their care. The State Long-Term Care Ombudsman continues to work closely with the local ombudsmen to monitor quality of care for the residents. PCO can be reached at: Margaret Barajas State Long-Term Care Ombudsman Pennsylvania Department of Aging Office of the Long-Term Care Ombudsman 555 Walnut Street, 5th Floor Harrisburg, P.A. 17101 Tel: (717) 783-8975 A full-text copy of 5th PCO Report is available at https://tinyurl.com/wep9jns from PacerMonitor.com at no charge. About Lawson Nursing Home Lawson Nursing Home, Inc., is a nursing home in Jefferson Hills, Pennsylvania. It is a small facility with 50 beds and has for-profit, corporate ownership. Lawson Nursing Home sought protection under Chapter 11 of the Bankruptcy Code (Bankr.W.D. Pa. Case No. 18-23979) on Oct. 10, 2018. In the petition signed by Derek R. Glaser, president, the Debtor was estimated to have assets of $1 million to $10 million and liabilities of the same range. The Debtor tapped Donald R. Calaiaro, Esq., at Calaiaro Valencik, as its legal counsel. No official committee of unsecured creditors has been appointed in the Chapter 11 case. William G. Krieger was appointed as the Chapter 11 Trustee of Lawson Nursing Home. The Trustee retained Leech Tishman Fuscaldo & Lampl, LLC, as counsel, and Gleason & Associates, P.C., as financial advisor. LEGACY RESERVES: Refutes Committee's GSO Impropriety Allegations ---------------------------------------------------------------- GSO Capital Partners LP responded the objection of the Official Committee of Unsecured Creditors to Confirmation of Joint Chapter 11 Plan of Reorganization for Legacy Reserves Inc. and its debtor affiliates. The Global RSA settlement incorporated into the Plan provides the Debtors with significant benefits, including a $256.3 million new equity infusion and deleveraging their prepetition debt by over $1 billion, and it was the result of arduous, arms'-length negotiations between all of the Global RSA parties. The Plan will enable the Debtors to reorganize as a going concern and provides new capital funded by GSO and the Noteholder Backstop Parties (as well as the conversion of GSO's Term Loan Claims) to ensure that the Debtors are well-positioned for long-term success. Under the Global RSA, GSO has stepped up as plan sponsor to infuse approximately $200 million in new equity into the Debtors, to accept impairment of, and convert to equity, its Term Loan Claims, and to make available distributions for holders of unsecured claims. The Committee's attempt to challenge the Plan on the basis of supposed bad faith is a last-ditch effort to resuscitate its allegations of improper connectivity between GSO and the Debtors. In the context of confirmation, the Committee makes much of the fact that the Debtors' CEO, James Westcott, was a former principal of GSO over seven years ago. However, the Debtors' board, which is comprised of five independent, non-management directors and Mr. Westcott, voted to approve the terms of the Global RSA unanimously. The Committee's allegations surrounding the anticipated management incentive plan also fall flat. Pursuant to the Plan, 5% of the Debtors' common equity is reserved for issuance as awards to certain management employees, with a potential future issuance of an additional 5% of common equity. The terms of the proposed MIP are reasonable and appropriate. A full-text copy of the reply dated Nov. 5, 2019, is available at https://tinyurl.com/wlmenlh from PacerMonitor.com at no charge. About Legacy Reserves Legacy Reserves Inc. (NASDAQ: LGCY) -- http://www.legacyreserves.com/-- is an independent energy company engaged in the development, production and acquisition of oil and natural gas properties in the United States. Its current operations are focused on the horizontal development of unconventional plays in the Permian Basin and the cost-efficient management of willow-decline oil and natural gas wells in the Permian Basin, East Texas, Rocky Mountain and Mid-Continent regions. Legacy Reserves Inc. and 10 subsidiaries sought Chapter 11 protection (Bankr. S.D. Tex. Lead Case No. 19-33395) on June 18, 2019. At the time of the filing, the Debtors had estimated assets of between $500 million and $1 billion and liabilities of between $1 billion and $10 billion. The Hon. David R. Jones is the case judge. Perella Weinberg Partners and its affiliate, Tudor Pickering Holt & Co., is acting as financial advisor for the Company, Sidley Austin LLP is acting as legal advisor, and Alvarez & Marsal is acting as restructuring advisor. Kurtzman Carson Consultants LLC --http://www.kccllc.net/legacyreserves-- is the claims agent. PJT Partners LP is acting as financial advisor for the Second Lien Lenders, and Latham & Watkins LLP is acting as legal advisor. Houlihan Lokey is acting as financial advisor for the Ad Hoc Group of Senior Noteholders, and Davis Polk & Wardwell LLP is acting as legal advisor. RPA Advisors, LLC is acting as financial advisor to Wells Fargo Bank, as administrative agent for the RBL Lenders, and Orrick Herrington & Sutcliffe LLP is acting as legal advisor. LEGACY RESERVES: Wants Plan Confirmed Over Committee Objections --------------------------------------------------------------- Legacy Reserves Inc. and its affiliated debtors submitted a memorandum of law in support of their request for entry of an order confirming the Joint Chapter 11 Plan of Reorganization. The Plan will implement a debt-to-equity conversion of a substantial portion of the Debtors' prepetition funded indebtedness, pay in full or pass through Allowed General Unsecured Claims, and fund the reorganized enterprise with an approximately $256.3 million of new equity investment from the Plan Sponsor and a Class 5 rights offering backstopped by the Noteholder Backstop Parties. The Plan provides for a comprehensive restructuring of the Debtors' capital structure and reduces overall funded debt by over $1 billion, while at the same time treating Holders of Notes Claims in a fair and equitable manner. The Committee Confirmation Objection is largely premised on the Committee's view of the total enterprise value of the Debtors, which it estimates is over $300 million higher than the total enterprise value set forth by the Debtors’ investment banker. The Committee Confirmation Objection and its underlying valuation completely disregard the Debtors' pre- and post-petition marketing process, which yielded no bids or proposals that would provide a better recovery to creditors than the recoveries to be provided pursuant to the Plan. The Committee's other main argument is that Holders of Notes Claims could receive a higher recovery in a chapter 7 liquidation than pursuant to the Plan because of certain allegedly unencumbered leases and avoidable liens asserted by the Committee in its Standing Motion. As the Debtors have already demonstrated in their response to the Standing Motion, the value of such challenged leases and liens would not come close to achieving a recovery for Holders of Class 5 Notes Claims given the amount of DIP Claims, Existing Liens, other secured claims, and administrative claims that would have to be paid first in a chapter 7 liquidation. The Plan satisfies the requirements for confirmation set forth in Section 1129 of the Bankruptcy Code. Accordingly, the Debtors request that the Court overrule the Objections, approve the Plan, and enter the Proposed Confirmation Order. A full-text copy of the Memorandum of Law in Support of Confirmation is available at https://tinyurl.com/voqarwx from PacerMonitor.com at no charge. The Debtors are represented by: SIDLEY AUSTIN LLP Duston McFaul Charles M. Persons Michael Fishel Maegan Quejada 1000 Louisiana Street, Suite 5900 Houston, Texas 77002 Telephone: (713) 495-4500 Facsimile: (713) 495-7799 James F. Conlan Bojan Guzina Andrew F. O'Neill Allison Ross Stromberg One South Dearborn Street Chicago, Illinois 60603 Telephone: (312) 853-7000 Facsimile: (312) 853-7036 About Legacy Reserves Legacy Reserves Inc. (NASDAQ: LGCY)--http://www.legacyreserves.com/ -- is an independent energy company engaged in the development, production and acquisition of oil and natural gas properties in the United States. Its current operations are focused on the horizontal development of unconventional plays in the Permian Basin and the cost-efficient management of willow-decline oil and natural gas wells in the Permian Basin, East Texas, Rocky Mountain and Mid-Continent regions. Legacy Reserves Inc. and 10 subsidiaries sought Chapter 11 protection (Bankr. S.D. Tex. Lead Case No. 19-33395) on June 18, 2019. At the time of the filing, the Debtors had estimated assets of between $500 million and $1 billion and liabilities of between $1 billion and $10 billion. The Hon. David R. Jones is the case judge. Perella Weinberg Partners and its affiliate, Tudor Pickering Holt & Co., is acting as financial advisor for the Company, Sidley Austin LLP is acting as legal advisor, and Alvarez & Marsal is acting as restructuring advisor. Kurtzman Carson Consultants LLC --http://www.kccllc.net/legacyreserves-- is the claims agent. PJT Partners LP is acting as financial advisor for the Second Lien Lenders, and Latham & Watkins LLP is acting as legal advisor. Houlihan Lokey is acting as financial advisor for the Ad Hoc Group of Senior Noteholders, and Davis Polk & Wardwell LLP is acting as legal advisor. RPA Advisors, LLC is acting as financial advisor to Wells Fargo Bank, as administrative agent for the RBL Lenders, and Orrick Herrington & Sutcliffe LLP is acting as legal advisor. LKLEE LLC: Case Summary & 5 Unsecured Creditors ----------------------------------------------- Debtor: LKLEE, LLC 401 14th St. SE Decatur, AL 35601 Business Description: LKLEE, LLC is primarily engaged in renting and leasing real estate properties. Chapter 11 Petition Date: November 21, 2019 Court: United States Bankruptcy Court Northern District of Alabama (Decatur) Case No.: 19-83464 Judge: Hon. Clifton R. Jessup Jr. Debtor's Counsel: John Zingarelli, Esq. JOHN ZINGARELLI, PC PO Box 2145 Decatur, AL 35602 Tel: 256 350-1264 Fax: 256-350-2010 E-mail: kristy.crosswhite@att.net johnz@hiwaay.net Estimated Assets: $1 million to $10 million Estimated Liabilities: $1 million to $10 million The petition was signed by Lisa Lee, managing member. A copy of the Debtor's list of five unsecured creditors is available for free at: http://bankrupt.com/misc/alnb19-83464_creditors.pdf A full-text copy of the petition is available for free at: http://bankrupt.com/misc/alnb19-83464.pdf LOUIS CAPRA: Foley & Lardner Represents McCormick, Fannie Mae ------------------------------------------------------------- In the Chapter 11 cases of Louis John Capra, the law firm of Foley & Lardner LLP submitted a verified statement under Rule 2019 of the Federal Rules of Bankruptcy Procedure that it is representing McCormick 106, LLC and Federal National Mortgage Associattion. McCormick 106, LLC, 11350 McCormick Road, Suite 902, Hunt Valley, Maryland 21031, is a creditor and party in interest holding a pre-petition secured claim, as well as a potential contingent, unliquidated unsecured deficiency claim in this case. Foley has been retained by McCormick to represent it in matters related to this proceeding. Federal National Mortgage Association ("Fannie Mae"), Granite Park VII 5600, Granite Pkwy, Plano, Texas 75024, is a creditor and party in interest holding a pre-petition, unsecured claim in this case. Foley has been retained by Fannie Mae to represent it in matters related to this proceeding. The Firm can be reached at: FOLEY & LARDNER LLP Jill L. Nicholson, Esq. Joanne Molinaro, Esq. Matthew J. Stockl, Esq. 321 North Clark Street, Suite 2800 Chicago, IL 60654-5313 Tel: (312)832-4500 Fax: (312)832-4700 E-mail: jnicholson@foley.com jmolinaro@foley.com mstockl@foley.com A copy of the Rule 2019 filing, downloaded from PacerMonitor.com, is available at https://is.gd/YErv1X About Louis John Capra The case is In re Louis John Capra (Banks. N.D. IL Case No. Case No. 19-15935). M & M AUTO: Seeks to Re-Impose Automatic Stay Pending Sale ---------------------------------------------------------- M & M Auto Group, M & M Automotive Center, and M& M Ford Lincoln Mercury, filed this request for entry of an order: (i) scheduling a hearing on shortened notice; (ii) re-imposing the automatic stay with respect to the collateral of GM Financial and Ford Motor Credit pending the Hearing on the Debtors' Motion authorizing the private sale of substantially all of the Debtors' assets to Sol Hershkop; and (iii) pursuant to Sec. 105 and 365 of the Bankruptcy Code and Rules 6006 and 9014 of the Federal Rules of Bankruptcy Procedure authorizing the assumption and assignment to Purchaser of certain executory contracts; (iv) authorizing the Debtors to obtain postpetition unsecured financing from the DIP Lender pursuant to Sections 364, 503(b) and 507 of the Bankruptcy Code; and (v) continuing and/or re-imposing the automatic stay with respect to the collateral of GM Financial and Ford Motor Credit pending the closing on the sale pursuant to Sec. 105(a) of the Bankruptcy Code. AmeriCredit Financial Services, Inc. provided new and used vehicle floor plan financing to Auto Center pursuant to, inter alia, an Amended and Restated Master Loan Agreement. As of the Petition Date GMF is owed no less than $3,014,490.30. Auto Center's obligations to GMF have been guaranteed by M&M Ford and the security interests granted in all assets have been duly perfected against both debtors. GMF holds a first priority security interest in all of the assets of Auto Center and a subordinate security interest in the assets of M&M Ford. Ford Motor Credit Company LLC provided new and used vehicle floor plan financing to M&M Ford pursuant to, inter alia, a Wholesale Financing and Security Agreement. As of the Petition Date, Ford Credit is owed no less than $3,096,827.89. M&M Ford's obligations to Ford Credit have been guaranteed by Auto Center and the security interests granted in all assets have been duly perfected against both debtors. Ford Credit holds a first priority security interest in all of the assets of M&M Ford and a subordinate security interest in the assets of Auto Center. The Debtors are also obligated to Jeff Bank in connection with a mortgage loan secured by a lien on the Property. As further security for the mortgage loan, Jeff Bank was granted a security interest in all of the Debtors' assets which security interest was duly perfected. Jeff Bank appears to hold a third priority lien in the Debtors' assets which is subordinate to GMF and Ford Credit. Jeff Bank is fully secured by virtue of its lien in the Property. Finally, Auto Group is obligated to American Express Bank in connection with a loan extended in early 2018. American Express Bank has filed a UCC-1 financing statement against all of the assets of Auto Group, however, the Debtors believe that the obligation due to American Express is likely wholly unsecured. American Express does not have a lien against any of the assets of Auto Center or M&M Ford. The sale to Purchaser represents the highest and best price for the assets secured by the Debtor to date. Consequently, in the Debtors' view, the Purchase Price represents substantial value to the Debtors’ estate and provides favorable terms for disposition of the assets as a going concern in exchange for fair and reasonable consideration. A full-text copy of the Motion is available at https://tinyurl.com/sq9smgl from PacerMonitor.com at no charge. Counsel for the Debtors: Dawn Kirby, Esq. Erica R. Aisner, Esq. Julie Cvek Curley, Esq. KIRBY AISNER & CURLEY LLP 700 Post Road, Suite 237 Scarsdale, New York 10583 Tel: (914) 401-9500 About M & M Auto Group M & M Auto Group sells and services Dodge, Jeep, Buick, Lincoln, Ford, Chrysler, Ram, and Cadillac vehicles serving the Liberty, Monticello and Middletown, Goshen, Newburgh, and Port Jervis, NY areas. On Oct. 11, 2019, M & M Auto Group, Inc., M & M Automotive Center, Inc., and M & M Ford Lincoln Mercury, Inc. each sought Chapter 11 protection (Bankr. S.D.N.Y. Lead Case No. 19-36641). Each of the Debtors was estimated to have $1 million to $510 million in assets and liabilities of $500,000 to $1 million. KIRBY AISNER & CURLEY, LLP is the Debtor's counsel. MARQUIS ENTERPRISES: Hires James M. Joyce as Counsel ---------------------------------------------------- Marquis Enterprises, LLC, seeks authority from the U.S. Bankruptcy Court for the Western District of New York to employ James M. Joyce, Esq., as counsel to the Debtor. Marquis Enterprises requires James M. Joyce to: a. advise the Debtor as to its right, duties and powers as a debtor in possession; b. prepare and file any statements, schedules, plans or other documents or pleadings to be filed by the Debtor in the bankruptcy case; c. represent the Debtor in all hearings, meetings of creditors, conferences, trials and other proceedings in the bankruptcy case; and d. perform such other legal services as may be necessary in connection with the bankruptcy case. James M. Joyce will be paid at the hourly rate of $250. James M. Joyce will also be reimbursed for reasonable out-of-pocket expenses incurred. James M. Joyce, 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. James M. Joyce can be reached at: James M. Joyce, Esq. 4733 transit Road Lancaster, NY 14043 Tel: (716) 656-0600 Fax: (716) 656-0607 E-mail: jmjoyce@lawyer.com About Marquis Enterprises Marquis Enterprises, LLC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D.N.Y. Case No. 19-11978) on Sept. 25, 2019. At the time of the filing, the Debtor was estimated to have estimated assets of between $100,001 and $500,000 and liabilities of less than $50,000. The case is assigned to Judge Carl L. Bucki. The Debtor is represented by James M. Joyce, Esq.l MASTER LUBE: Unsecureds to Share $10,000 Pot Fund ------------------------------------------------- Debtor Master Lube #2, Inc. filed with the U.S. Bankruptcy Court for the Western District of Louisiana, Lafayette Division, a Combined Disclosure Statement and Plan of Reorganization. The claim of Farmers Bank & Trust Co. (Class 1) is allowed in the amount of $634,000 and be will amortized over 30 years at 4% with monthly debt service of $3,027. On the sixth anniversary of the Effective date the unpaid balance on the loan will become due. Allowed claims of general unsecured creditors (Class 2) will receive a one-time distribution after all senior claims are paid in full including but not limited to administrative and priority claims. Allowed claims of this class will be paid pro rata from a pot fund of $10,000. Payments will be made within 60 days following the Effective Date or after the Court enters an order in aid of consummation of this Plan. Each allowed general unsecured claim will receive its pro rata share of $10,000 which sum is being contributed by the Elagamys or their designee and constitutes new value thereby satisfying any potential objection based on the absolute priority rule. The Elagamys will retain their interest in the Debtor's estate. Also, unsecured creditors are receiving more than each would in a case under chapter 7. The Debtor will continue to operate. After payment of the fees of professionals, the United States Trustee, and administrative claims arising from post-petition trade debt in that order distributions will be pro rata to Class 2 from the $10,000 fund. Walid and Bonnie Elagamy or their designee will continue to manage the business of the Reorganized Debtor. They or their designee will act as the Disbursing Agent to disburse all funds under the Plan. They will serve with compensation. A full-text copy of the Combined Plan & Disclosure Statement dated Nov. 5, 2019, is available at https://tinyurl.com/ssh9fto from PacerMonitor.com at no charge. The Debtor is represented by: H. Kent Aguillard P.O. Box 391 Eunice, LA 70535 LA Bar Roll No. 2354 Tel: 337.457.9331 Fax: 337.457.2317 E-mail: kaguillard@yhalaw.com About Master Lube Master Lube #2, Inc., is a service company which provides oil changes for the general public and some oil and gas related service companies also bring their vehicles to the Debtor for service. It also provides some vehicle maintenance. Master Lube sought Chapter 11 protection (Bankr. W.D. La. Case No. 19-51093) on Sept. 17, 2019, estimating less than $1 million in both assets and liabilities. H. KENT AGUILLARD is the Debtor's counsel. MATRA PETROLEUM: Exclusivity Period Extended to Jan. 27 ------------------------------------------------------- Judge David Jones of the U.S. Bankruptcy Court for the Southern District of Texas extended the exclusive period during which Matra Petroleum USA, Inc. and its affiliates can file a Chapter 11 plan to Jan. 27, 2020. If the companies file a Chapter 11 plan by Jan 27, the exclusivity period will be automatically extended to March 27 to allow them an opportunity to confirm the plan. About Matra Petroleum Matra Petroleum USA Inc. and its subsidiaries are Houston-based independent oil and gas companies focusing on oil and gas production and development of oil & gas leases all located in Texas. As is well known, operating and market conditions in the oil and gas industry have undergone a profound transformation in recent years leading many companies to seek chapter 11 relief. Matra Petroleum USA and its subsidiaries sought Chapter 11 protection (Bankr. S.D. Tex. Lead Case No. 19-34190) on July 31, 2019. Matra Petroleum USA estimated $10 million to $50 million in assets and $50 million to $100 million in liabilities. As of July 1, 2019, the Debtors had combined secured debt in excess of $70 million, secured by liens on substantially all of the Debtors' assets, cash and equity. The Hon. David R. Jones is the case judge. The Debtors tapped Hoover Slovacek LLP as counsel, and Macco Restructuring Group, LLC, as financial advisor. MATRA PETROLEUM: Taps RE/MAX Hometown as Real Estate Broker ----------------------------------------------------------- Matra Petroleum USA, Inc. seeks approval from the U.S. Bankruptcy Court for the Southern District of Texas to hire RE/MAX Hometown as real estate broker. The firm will market and sell the real property owned by Matra Terra, LLC located at 2061 W. Kentucky Ave., Pampa, Texas. Gray County Appraisal District appraised the property at $123,920. The firm will get a commission of 5 percent of the gross sales price. Patti Hudson, real estate agent at Remax, attests that the firm is a "disinterested person" within the meaning of Section 101(14) of the Bankruptcy Code. The firm can be reached at: Patti H. Hudson RE/MAX Hometown 1800 N. Hobart St. Pampa, TX 79065-3411 Email: pattihudson@remax.net About Matra Petroleum Matra Petroleum USA Inc. and its subsidiaries are Houston-based independent oil and gas companies focusing on oil and gas production and development of oil and gas leases in Texas. On July 31, 2019, Matra Petroleum USA and its subsidiaries sought Chapter 11 protection (Bankr. S.D. Tex. Lead Case No. 19-34190). Matra Petroleum USA estimated $10 million to $50 million in assets and $50 million to $100 million in liabilities. As of July 1, 2019, the Debtors had combined secured debt in excess of $70 million, secured by liens on substantially all of their assets, cash and equity. The Hon. David R. Jones is the case judge. The Debtors tapped Hoover Slovacek LLP as legal counsel; and Macco Restructuring Group, LLC as financial advisor; and Buckley & Boots, LLC as valuation advisor. MATTEL INC: Fitch Affirms B- LT IDR & Alters Outlook to Positive ---------------------------------------------------------------- Fitch Ratings affirmed Mattel, Inc.'s Long-Term Issuer Default Rating at 'B-' following the successful completion of the company's $600 million issuance of senior unsecured, guaranteed notes. The Rating Outlook has been revised to Positive from Negative. Mattel's 'B-' IDR reflects the company's operating trajectory in recent years, which has led to material EBITDA declines from peak levels and several years of negative FCF after dividends. The Positive Outlook reflects increasing confidence that Mattel's cost reduction program and sales initiatives could yield stabilizing topline results and EBITDA improving above $500 million, at which point Mattel could generate modestly positive FCF as cash restructuring expenses subside in 2021. Fitch would consider an upgrade to 'B' with further evidence of Mattel's ability to sustainably generate positive FCF and stable operating results, including modestly positive topline growth over time. Mattel continues to face revenue pressures at Fisher-Price, Thomas and Friends and American Girl, which collectively generated approximately $1.5 billion or 30% of total gross revenue in 2018. Fitch expects 2019 EBITDA to be around $450 million, up materially from 2017/2018 but around half of the $900 million range reported as recently as 2015/2016. FCF turned materially negative in 2016 and continued EBITDA declines led gross leverage (debt/EBITDA) to peak around 11x in 2017/2018. KEY RATING DRIVERS 2020/2021 Maturities Addressed: Mattel successfully issued $600 million of guaranteed unsecured notes, which will be used to refinance the company's 2020/2021 maturities. The company also extended the maturity of its $1.6 billion ABL credit facility to November of 2022. Near term refinancing risk has declined, given that the company's next notes maturity is $250 million in nonguaranteed unsecured notes due March 2023. Assuming EBITDA continues to improve over the next two to three years, in line with Fitch's forecast, confidence has improved regarding the company's ability to manage its capital structure. Signs of EBITDA Stabilization: Fitch expects EBITDA of around $450 million in 2019, significantly higher than the approximate $270 million average over the past two years albeit well below the $1.4 billion peak in 2012/2013. EBITDA improvement is the result of Mattel's structural simplification cost reduction program, with over $800 million in run-rate savings achieved from its 2017 inception through 3Q19. Key features of the program include reducing manufacturing complexity, reducing organizational headcount and optimizing marketing spend. The company has also announced a target of moving toward a capital-light operation by outsourcing key manufacturing functions. EBITDA improvement of close to $200 million from trough levels has significantly trailed gross savings due to business reinvestment and continued top line challenges. Net revenue in 2018, for example, declined approximately 7% on a constant currency basis to $4.5 billion, largely due to the U.S. liquidation of Toys 'R' Us. Revenue in 2019 has stabilized albeit against a weak year, with topline expected to modestly improve to $4.6 billion from $4.5 billion (though well below the $6.5 billion peak in 2013). Assuming revenue growth remains modestly positive over the next two to three years, as Mattel realizes the remainder of its expected cost savings, EBITDA could reach $500 million in 2020 and grow toward $600 million thereafter. Assuming around $200 million of interest expense, $100 million of cash taxes, $40 million to $50 million cash restructuring charges and $150 million to $200 million of capex, a $500 million EBITDA figure would allow Mattel near-breakeven FCF. If EBITDA approaches $600 million thereafter, FCF could increase to the $50 million to $100 million range as restructuring expenses subside. Accounting Restatements: In November 2019, Mattel filed an amended 2018 10K which corrected certain tax-related entries for 3Q17 and 4Q17; together these corrections had no impact on Mattel's full year 2017 results or its cash flows. This action followed an independent investigation, initiated after a whistleblower letter was sent to management. The company determined there were material weaknesses in its internal controls over financial reporting. As remediation, the company replaced its lead audit partner although PricewaterhouseCoopers LLP remains the company's external audit firm. The company has also added controls and processes to its accounting function to reduce the risk of future errors. Finally, Mattel announced the departure of the company's CFO, which may be related to the investigation. As a consequence of Mattel's accounting errors, Fitch has changed the company's ESG score for Financial Transparency to 4 from 3. Mattel's credit profile could be impacted by continued concerns regarding the company's accounting function, though recognizes the company's steps taken to reduce future risk. Challenged Execution: Mattel's net revenue has steadily declined from a peak of $6.5 billion in 2013 to $4.5 billion in 2018. Fitch believes the company has been unable to effectively evolve its product portfolio commensurate with changes in children's play patterns. Children are increasingly digitally-oriented and marginally less interested in traditional toys. The industry is also challenged by the phenomenon of children, particularly girls, outgrowing traditional toys at a younger age, with greater interest in consumer electronics, beauty, sports and social media. Relative to Mattel, Hasbro, Inc. (BBB-/Negative) has more successfully responded to these changes through brand storytelling and creating digital experiences and revenue streams to support its portfolio's customer relevance and create additional sales opportunities. Fitch estimates Mattel's net revenue declined 7.0% at constant currency in 2018 compared with an 11.0% decline in 2017, due to ongoing execution issues exacerbated by the Toys R Us bankruptcy. The significant sales disruption caused by Toys R Us' (TRU) bankruptcy filing in September 2017 and ultimate liquidation of the U.S business in March 2018 is no longer a material headwind for Mattel post 1Q19. Mattel's goal of regaining top-line growth in the short-to-medium-term may prove challenging in the absence of improving performance at Fisher-Price, Thomas and Friends and American Girl, which collectively generated approximately $1.5 billion, or 30.1% of total gross revenue in 2018, and declined 16.9% and 12.0% on a constant currency basis in 2018 and 1Q19, respectively. The company reported 4% constant currency sales growth through the first three quarters of 2019, although these better results come against a very challenged 2018. While the improvement in trajectory is encouraging, Fitch would like to see a sustained period of constant currency revenue growth before considering an upgrade. Adequate Near-Term Liquidity: As of Sept. 30, 2019, Fitch estimates Mattel's liquidity totalled approximately $0.9 billion and consisted of $218 million of cash and equivalents and estimated $700 million of availability (defined as borrowing base less outstanding borrowings and letters of credit) under its $1.6 billion senior secured revolving credit facilities due November 2022. The $1.6 billion credit facilities consist of a $1.31 billion asset based lending facility, subject to borrowing base capacity, and a revolving credit facility with $294.0 million in aggregate commitments secured by certain fixed assets and intellectual property of the U.S. borrowers and certain equity interests in various subsidiaries of Mattel, subject to borrowing base capacity. The facilities are secured by the inventory and accounts receivable of its large subsidiaries in developed markets and certain U.S. fixed assets and intellectual property. The net book value of the accounts receivable and inventory currently pledged as collateral under the senior secured revolving credit facilities was approximately $900 million per Mattel's 2018 10-K, which equates to approximately 60% of total working capital assets (total AR of $970 million and Inventory of $543 million) as of Dec. 31, 2018. Fitch assumes 60% of Mattel's total inventory and accounts receivable as a proxy for available collateral going forward and assumes 60% is available from a borrowing base perspective after adjusting for net orderly liquidation value (NOLV) and applicable advance rates against the NOLV. Fitch further assumes the $294 million of the fixed asset and IP facility is well collateralized and fully available at all times. Given FCF expectations of modestly negative in 2019 and breakeven to modestly positive beginning 2020, Fitch expects excess liquidity after seasonal borrowings and letters of credit to remain in the $900 million to $1 billion range. Following Mattel's issuance of $600 million of guaranteed notes to refinance the company's 2020/2021 maturity and the extension of its ABL to November 2022, the company's next maturity aside from its ABL is $250 million of unsecured bonds due March 2023. Under its covenants, Mattel currently has the capacity to continue issuing guaranteed debt to refinance these maturities. High Leverage: The company's 2018 gross leverage (debt/EBITDA) was elevated at 11x, although Fitch projects leverage will decline to the mid-6x range in 2019, based on EBITDA of approximately $450 million versus $267 million in 2018, driven by cost savings from the company's structural simplification initiative. Assuming low single digit top line growth, gross margin expansion and stable selling, general and administrative expenses (SG&A) in 2020 as cost savings moderate, Fitch expects EBITDA to trend toward the mid-to-high $500 million range and for leverage to improve below 6.0x assuming current debt levels. Renewed Tariff Risk: Ongoing U.S. and China trade negotiations have created some uncertainty regarding import tariffs and potential strategies to optimize supply chains to avoid these new tariffs. While the first three 'lists' of products on which import tariffs were imposed did not include traditional toys, a 25% tariff on $300 billion of Chinese imports identified as 'list four' could impact Mattel and peers as toys are included. Less than two-thirds of Mattel's sales are derived from toys manufactured in China compared with 85% of all toys sold in the U.S., according to the Toy Industry Association of America. Mattel's China exposure is greater than Hasbro, which is targeting approximately 50% of net sales from products sourced from China this year. Mattel's tariff risk is mitigated by the fact that the majority of Hot Wheels and Barbie products, Mattel's fastest growing brands, and many Fisher-Price products are manufactured outside of China. Significant and Increasing Customer Concentration: In 2018, Mattel's two largest customers, Walmart and Target collectively accounted for approximately 34% of net sales following the liquidation of TRU. Walmart and Target represented 23.7% and 10.0% of Mattel's revenue, respectively, in 2018. The company's 10 largest customers accounted for approximately 49% of net sales in 2018 compared with 47% in 2017. DERIVATION SUMMARY Mattel's 'B-' IDR reflects execution risk in stabilizing revenue and growing EBITDA from depressed levels. Mattel continues to face revenue pressures at Fisher-Price, Thomas and Friends and American Girl, which collectively generated approximately $1.5 billion or 30% of total gross revenue in 2018. EBITDA in 2019 is expected to be around $450 million, up materially from 2017/2018 but around half of the $900 million range reported as recently as 2015/2016. FCF turned materially negative in 2016 and continued EBITDA declines led gross leverage (debt/EBITDA) to peak around 11x in 2017/2018. The Positive Outlook reflects increasing confidence that Mattel's cost reduction program and sales initiatives could yield stabilizing topline results and EBITDA improving above $500 million, at which point Mattel could generate modestly positive FCF as restructuring expenses subside in 2021. Fitch would consider an upgrade to 'B' with further evidence of Mattel's ability to sustainably generate positive FCF and stable operating results, including modestly positive topline growth over time. Mattel is one of the largest companies in the approximately $90 billion global toy industry, generating revenue of $4.5 billion in 2018, similar to other leading players including Hasbro Inc. (BBB-/Negative), The Lego Group, and Bandai Namco Holdings, which generate annual revenue of $4.6 billion-$5.5 billion. Hasbro's operating results have been significantly less volatile than Mattel's; with revenue increasing at a five-year CAGR of 2.3% through 2018 compared with a 7.0% decline at Mattel in the same period. Hasbro's revenue growth is attributed to its successful focus on brand extensions and product innovation, and entertainment licensing wins, such as its takeover of the Disney princess license from Mattel beginning in 2016. Hasbro's 'BBB-' ratings reflect the company's elevated leverage profile following the proposed acquisition of Entertainment One Ltd. (eOne) for $4 billion plus transaction expenses. The Negative Outlook reflects concerns that gross debt/EBITDA could be sustained above 3.5x, and therefore ratings could be stabilized with greater confidence that a combination of good organic growth, synergy achievement and debt reduction could yield gross debt/EBITDA below 3.5x, as appropriate for the 'BBB-' rating. KEY ASSUMPTIONS Fitch's Key Assumptions Within Its Rating Case for the Issuer -- Revenue growth is forecast to be up slightly in 2019 to $4.6 billion, assuming around 3% constant currency growth somewhat mitigated by FX headwinds. Fitch assumes revenue grows in the 1% to 2% range beginning 2020, respectively, assuming slowing, but continued growth in Barbie, Hot Wheels and licensed entertainment brands, stabilization of the Fisher-Price brand, offset by continued weak revenues at Thomas and Friends and American Girl. -- EBITDA is forecast to increase to around $450 million in 2019 compared with $267 million in 2018 primarily due to Mattel's structural simplification cost savings, partially offset by inflation pressures and topline reinvestments. EBITDA in 2020 could trend in the low-$500 million range on continued cost savings and improve toward $600 million thereafter. -- FCF is expected to be around negative $50 million in 2019, assuming around $100 million of cash restructuring charges and approximately $150 million of capex. FCF could turn breakeven in 2020 on higher EBITDA and reduced cash restructuring charges, and improve to modestly positive thereafter. -- Gross leverage (total debt/operating EBITDA) and adjusted debt/EBITDAR (capitalizing leases at 8x) is forecast to decline to the mid-6x range in 2019 compared with 11x (gross leverage) and 10x (adjusted leverage) in 2018. Assuming continued EBITDA improvement beginning 2020, gross and adjusted leverage could decline to below 6.0x over the next two to three years. RATING SENSITIVITIES Developments That May, Individually or Collectively, Lead to Positive Rating Action - A positive rating action could result if Mattel's recent improvement in revenue and EBITDA continues, yielding greater confidence in the company's ability to stabilize its business longer term and sustain positive FCF. Mattel could demonstrate this through positive low-single digit revenue growth and EBITDA improving above $500 million, which would yield gross debt/EBITDA and adjusted debt/EBITDAR (capitalizing leases at 8.0x) below 6.0x and around 6.0x, respectively. - Fitch could stabilize Mattel's rating if the company's operating improvements stall, yielding EBITDA trending around the $450 million expected in 2019, FCF trending breakeven to modestly negative, and gross debt/EBITDA and adjusted debt/EBITDAR in the mid-6.0x range. Developments That May, Individually or Collectively, Lead to Negative Rating Action - A negative rating action could be caused by weaker than expected results, which increase refinancing risk as Mattel approaches 2022/2023 maturities. Resumption of negative topline trends or EBITDA declining to around $400 million, yielding gross debt/EBITDA and adjusted debt/EBITDAR (capitalizing leases at 8.0x) over 7.0x would reduce Fitch's confidence in its ability to address its capital structure longer term. Liquidity concerns stemming from ongoing negative FCF and reduced borrowing capacity would also be a concern. LIQUIDITY AND DEBT STRUCTURE Adequate Near-Term Liquidity: As of Sept. 30, 2019, Fitch estimates Mattel's liquidity totaled approximately $900 million and consisted of $218 million of cash and equivalents and estimated $700 million of availability (defined as borrowing base less outstanding borrowings and letters of credit) under its $1.6 billion senior secured revolving credit facilities. The $1.6 billion credit facilities consist of a $1.31 billion asset based lending facility, subject to borrowing base capacity, and a revolving credit facility with $294.0 million in aggregate commitments secured by certain fixed assets and intellectual property of the U.S. borrowers and certain equity interests in various subsidiaries of Mattel, subject to borrowing base capacity. The facilities are secured by the inventory and accounts receivable of its large subsidiaries in developed markets and certain U.S. fixed assets and intellectual property. The net book value of the accounts receivable and inventory currently pledged as collateral under the senior secured revolving credit facilities was approximately $900 million or approximately 60% of total working capital assets as of Dec. 31, 2018. Fitch will assumes 60% of Mattel's total inventory and accounts receivable as a proxy for available collateral going forward and assumes 60% is available from a borrowing base perspective after adjusting for NOLV and applicable advance rates against the NOLV. Fitch further assumes the $294 million of the fixed asset and IP facility is well collateralized and fully available at all times. In November 2019, the company extended its ABL maturity to Nov. 18, 2022. Given FCF expectations of around negative $50 million in 2019 and flat to modestly positive thereafter, Fitch expects excess liquidity after seasonal borrowings and letters of credit to remain in the $600 million-$700 million range in 2019/2020. Inability to access financial markets to refinance upcoming maturities or material shortfall in EBITDA could materially affect liquidity. Under its covenants, Mattel currently has the capacity to issue guaranteed debt to refinance these maturities, similar to the 2018 refinancing of $0.5 billion in maturities. Recovery Considerations: Fitch has assigned Recovery Ratings (RRs) to the various debt tranches based on a bespoke analysis in accordance with Fitch criteria. Given operational seasonality, Fitch's recovery analysis is based on the firm's average recovery prospects over the course of a year. Fitch's recovery analysis is based on an average liquidation value (based upon quarter-end collateral values) of $3.3 billion, which exceeds the estimated going-concern value of approximately $2.1 billion. Fitch assumes 75% of the book value for receivables and 50% of the book value inventory and net fixed assets under a net orderly liquidation. In addition, Fitch has valued Mattel's intellectual property, including the Barbie, Fisher-Price, Hot Wheels and Thomas & Friends power brands, at approximately $2 billion in recovery. Approximately $3.0 billion of value is available to satisfy claims in a liquidation scenario after deducting 10% for administrative claims. Fitch assumes the senior secured credit facilities and guaranteed notes have priority claims on 60% of the liquidation value of accounts receivable, inventory and PP&E, and a pro rata share of IP that is owned by guarantor subsidiaries. The collateral is first allocated to the senior secured credit facilities, reflecting the collateral securing the facility, resulting in a 'BB-'/'RR1' rating for the senior secured revolving credit facilities. The remaining portion of the collateral value is then assigned to the senior secured guaranteed notes due to contractual seniority on the assets of the guarantor subsidiaries relative to the nonguaranteed notes. The remaining unencumbered value is then allocated on a pro rata basis to the guaranteed and nonguaranteed notes. This results in ratings of 'B+'/'RR2' for the guaranteed unsecured notes and 'B'/'RR3' for the non-guaranteed unsecured notes. Fitch's going-concern valuation is based on a $300 million going-concern EBITDA, similar to 2018 results as Fitch views Mattel's recent trough EBITDA as representative of a somewhat distressed scenario. Fitch applies a 7.0x enterprise value/EBITDA multiple, at the upper end of the typical 5.0x-7.0x range for consumer products companies under a distressed scenario given Mattel's historically strong brand franchises. SUMMARY OF FINANCIAL ADJUSTMENTS Summary of Financial Statement Adjustments: Stock-based compensation, asset impairment, sale of assets, TRU's bad debt expense, toy sales reversals, restructuring/severance and other non-operating expenses. ESG CONSIDERATIONS Unless otherwise disclosed in this section, the highest level of ESG credit relevance is a score of 3 - ESG issues are credit neutral or have only a minimal credit impact on the entity, either due to their nature or the way in which they are being managed by the entity. Mattel has an ESG Relevance Score of 4 for 'Financial Transparency' given the recent accounting investigation which determined the company has material weaknesses in its financial controls. Continued concerns regarding the company's accounting practices could negatively impact its credit profile in conjunction with other factors. MONTGOMERY FINANCIAL: Hires Adam I. Skolnik as Bankruptcy Counsel ----------------------------------------------------------------- Montgomery Financial Management, Inc., seeks authority from the U.S. Bankruptcy Court for the Southern District of Florida to employ the Law Office of Adam I. Skolnik, P.A., as bankruptcy counsel to the Debtor. Montgomery Financial requires Adam I. Skolnik to: a. give advice to the Debtor with respect to their powers and duties as Debtor-in-possession and in their relationship with its creditors, committee, the Office of the U.S. Trustee and other interested parties; b. advise the Debtor with respect to its responsibilities in complying with the U.S. Trustee's Operating Guidelines and Reporting Requirements, the requirements of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, applicable bankruptcy rules, including local rules and the rules of the court, as it relates to the administration of the bankruptcy case; c. assist the Debtor with the investigation and pursuit of property of the estate, sale of some or all of its assets; d. assist the Debtor in the formulation and dissemination and approval of a disclosure statement and plan; e. prepare and review motions, pleadings, orders, applications, adversary proceedings, and other legal documents necessary in the administration of the bankruptcy case; f. protect the interest of the Debtor in all matters pending before the bankruptcy court; g. represent the Debtor in negotiation with its creditors in the preparation of a plan; and h. perform all other necessary functions as attorney for a debtor-in-possession for the proper administration of the bankruptcy estate. Adam I. Skolnik will be paid at these hourly rates: Attorneys $450 Paralegals $125 Adam I. Skolnik will be paid a retainer in the amount of $5,000, inclusive of filing fee. Adam I. Skolnik will also be reimbursed for reasonable out-of-pocket expenses incurred. Adam I. Skolnik, a partner at the Law Office of Adam I. Skolnik, P.A., 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. Adam I. Skolnik can be reached at: Adam I. Skolnik, Esq. LAW OFFICE OF ADAM I. SKOLNIK, P.A. 1761 West Hillsboro Blvd., Suite 201 Deerfield Beach, FL 33442 Tel: (561) 265-1120 Fax: (561) 265-1828 E-mail: asklnik@skolniklawpa.com About Montgomery Financial Management Montgomery Financial Management, Inc., based in Coral Springs, FL, filed a Chapter 11 petition (Bankr. S.D. Fla. Case No. 19-22635) on Sept. 23, 2019. In the petition signed by Clarence H. Montgomery, president, the Debtor disclosed $1,409,010 in assets and $1,144,941 in liabilities. The Hon. Raymond B. Ray oversees the case. Adam I. Skolnik, Esq., at the Law Office of Adam I. Skolnik, P.A., serves as bankruptcy counsel to the Debtor. MOUNTAIN RIDGE: Hires Dunham Hildebrand as Counsel -------------------------------------------------- Mountain Ridge Golf Club, LLC, seeks authority from the U.S. Bankruptcy Court for the Middle District of Tennessee to employ Dunham Hildebrand, PLLC, as counsel to the Debtor. Mountain Ridge requires Dunham Hildebrand to: a. render legal advice with respect to the rights, powers and duties of the Debtor in the management of its property; b. investigate and, if necessary, institute legal action on behalf of the Debtor to collect and recover assets of the estates of the Debtor; c. prepare all necessary pleadings, orders and reports with respect to this proceeding and to render all other necessary or proper legal services; d. assist and counsel the Debtor in the preparation, presentation and confirmation of its disclosure statements and plans of reorganization; e. represent the Debtor as may be necessary to protect its interests; and f. perform all other legal services that may be necessary and appropriate in the general administration of the Debtor's estate. Dunham Hildebrand will be paid at these hourly rates: Attorneys $275 to $350 Paralegals $125 The Debtor paid Dunham Hildebrand a retainer of $15,000. Of this amount, $7,320 was earned and paid prior to the Petition Date, $1,717 was used to pay the Chapter 11 filing fee, and $5,963 is retained by the firm and held in trust. Dunham Hildebrand will also be reimbursed for reasonable out-of-pocket expenses incurred. Griffin S. Dunham, a partner at Dunham Hildebrand, 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. Dunham Hildebrand can be reached at: Griffin S. Dunham, Esq. DUNHAM HILDEBRAND, PLLC 2416 21st Avenue South, Suite 303 Nashville, TN 37212 Tel: (615) 933-5850 E-mail: griffin@dhnashville.com About Mountain Ridge Golf Club Mountain Ridge Golf Club, LLC, based in Monterey, TN, filed a Chapter 11 petition (Bankr. M.D. Tenn. Case No. 19-06871) on Oct. 22, 2019. In the petition signed by Martin Foutch, managing member, the Debtor was estimated to have $1 million to $10 million in both assets and liabilities. The Hon. Randal S. Mashburn oversees the case. Griffin S. Dunham, Esq., at Dunham Hildebrand, serves as bankruptcy counsel. MS SUPPLY: Taps Holland & Knight as Special Counsel --------------------------------------------------- MS Supply & Home Health Co. received approval from the U.S. Bankruptcy Court for the Middle District of Florida to hire Holland & Knight LLP as its special counsel. The firm will provide legal advice in connection with a pending transaction involving D&M Healthcare, LLC, and will provide general healthcare regulatory advice on matters involving Center for Medicare and Medicaid Services. The firm's hourly rates are: Partner $405 - $1,375 Associate $265 - $885 Senior Counsel $375 - $995 Of Counsel $500 - $1,300 Paralegal $155 - $460 Legal Assistant $155 - $460 Shannon Hartsfield, Esq., the firm's attorney who will be primarily responsible for providing the services, has agreed to reduce her hourly rate to $525 from $855. Another attorney, Victor Moldovan, Esq., has agreed to reduce his rate from $595 per hour to $525 per hour. The firm has requested a post-petition retainer in the amount of $5,000. Holland & Knight is "disinterested" within the meaning of Section 101(14) of the Bankruptcy Code, according to court filings. The firm can be reached through: Shannon Britton Hartsfield, Esq. Holland & Knight, LLP 315 South Calhoun Street, Suite 600 Tallahassee, FL 32301 Tel: 850.224.7000 Fax: 850.224.8832 Email: shannon.hartsfield@hklaw.com About MS Supply & Home MS Supply & Home Health Co. is a Florida corporation that operates a medical supply and home healthcare business. The Company filed a petition for relief under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 19-08345) in Tampa, Fla., on Aug. 30, 2019. In the petition signed by Magdalena Santos, vice president, the Debtor was estimated to have assets of no more than $50,000, and liabilities at $1 million to $10 million as of the bankruptcy filing. The Debtor's counsel is Jennis Law Firm. No committee of unsecured creditors has been appointed in the Debtor's case. MWM OIL COMPANY: Committee Hires Eron Law as Counsel ---------------------------------------------------- The Official Committee of Unsecured Creditors of MWM Oil Company, Inc., and its debtor-affiliates, seeks authority from the U.S. Bankruptcy Court for the District of Kansas to retain Eron Law, P.A., as counsel to the Committee. The Committee requires Eron Law to: a) advise the Unsecured Creditors' Committee of their rights, powers and duties as an Unsecured Creditors' Committee; b) advise the Unsecured Creditors' Committee concerning and assisting in the negotiation and documentation of financing agreements, cash collateral orders and related transactions; c) investigate and advise the Unsecured Creditors' Committee concerning and taking such action as may be necessary to collect payment in accordance with applicable law; d) prepare on behalf of the Unsecured Creditors' Committee such applications, motions, pleadings, orders, notices, schedules and other documents as may be necessary and appropriate, and reviewing the financial and other reports to be filed herein; e) advise the Unsecured Creditors' Committee concerning and preparing responses to applications, motions, pleadings, notices and other documents which may be filed and served herein; f) counsel the Unsecured Creditors' Committee in connection with the formulation, negotiation and promulgation of Chapter 11 plan or plans and related documents; and g) perform such other legal services for and on behalf of the Unsecured Creditors' Committee as may be necessary or appropriate in the administration of the case. Eron Law will be paid at these hourly rates: Attorneys $200 to $300 Paralegals $85 Eron Law will also be reimbursed for reasonable out-of-pocket expenses incurred. David Prelle, a partner at Eron Law, P.A., assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and (a) is not creditors, equity security holders or insiders of the Debtors; (b) has not been, within two years before the date of the filing of the Debtors' chapter 11 petition, directors, officers or employees of the Debtors; and (c) does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity security holders, by reason of any direct or indirect relationship to, connection with, or interest in, the Debtors, or for any other reason. Eron Law can be reached at: David Prelle Eron, Esq. ERON LAW, P.A. 229 E. William, Suite 100 Wichita, KS 67202 Tel: (316) 262-5500 Fax: (316) 262-5559 E-mail: david@eronlaw.net About MWM Oil Company Based in Towanda, Kansas, RAG Oil Co., Inc. & MWM Oil Company, Inc. filed voluntary bankruptcy petitions under Chapter 11 (Bankr. D. Kan. Case No. 19-11405 & Case No. 19-11404, respectively) on July 26, 2019. The Debtors are represented by William B. Sorensen, Jr. at Morris Laing Evans Brock And Kennedy. The Office of the U.S. Trustee on Oct. 15, 2019, appointed five creditors to serve on the official committee of unsecured creditors in the Chapter 11 case. The Committee retained Eron Law, P.A., as counsel. NATIONAL ASSISTANCE: Debtor Agrees to Nov. 30 Plan Deadline ----------------------------------------------------------- The U.S. Trustee filed a motion to dismiss or convert the case of debtor National Assistance Bureau, Inc. Prior to the hearing on the motion, the U.S. Trustee and the Debtor conferred and reached an agreement. At the behest of the parties, Judge Barbara Ellis-Monro of the U.S. Bankruptcy Court for the Northern District of Georgia, Atlanta Division, on Nov. 5, 2019, ordered that: * The Debtor will file a disclosure statement and plan of reorganization no later than Nov. 30, 2019; * The Debtor will obtain approval of its disclosure statement no later than Jan. 15, 2020; * The Debtor will obtain confirmation of its plan of reorganization no later than Feb. 29, 2020; * The Debtor will timely file all monthly and quarterly operating reports through and including the date this chapter 11 case is closed by the Court; and * If the Debtor fails to meet any of the deadlines, counsel for the United States Trustee may submit a declaration to the court setting forth the nature of Debtor's default and the Debtor will consent to the conversion of this case to chapter 7. A full-text copy of the order dated Nov. 5, 2019, is available at https://tinyurl.com/ut5qple from PacerMonitor.com at no charge. The Debtor is represented by: Theodore N. Stapleton Theodore N. Stapleton, P.C. 2802 Paces Ferry Road, Suite 100-B Atlanta, GA 30339 Tel: (678) 361-6211 E-mail: tstaple@tstaple.com About National Assistance Bureau National Assistance Bureau, Inc., sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Ga. Case No. 15-69786) on Oct. 13, 2015. In the petition signed by William R. Hill Sr., president, the Debtor was estimated to have assets of $1 million to $10 million and debt of $10 million to $50 million. Theodore N. Stapleton, Esq., at Theodore N. Stapleton, P.C., serves as the Debtor's bankruptcy counsel. Lowenstein Sandler, LLP, is the special counsel. NAVAHO TOUR: Seeks to Hire Goldbach Law as Counsel -------------------------------------------------- Navaho Tour Inc. seeks authority from the U.S. Bankruptcy Court for the Central District of California to employ Goldbach Law Group as counsel to the Debtor. The firm will provide services in connection with the Debtor's Chapter 11 case, which include legal advice regarding its powers and duties under the Bankruptcy Code; assist in the administration of its assets and liabilities; prepare a plan of reorganization; and assist in resolving claims against its bankruptcy estate. Goldbach Law will be paid at these hourly rates: Attorneys $350 Paralegals $125 Goldbach Law will be paid a retainer in the amount of $15,000. Goldbach Law will also be reimbursed for reasonable out-of-pocket expenses incurred. Marc Aaron Goldbach, founding partner of Goldbach Law Group, 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. Goldbach Law can be reached at: Marc A. Goldbach, Esq. Goldbach Law Group 6528 Greenleaf Avenue, Suite 210 Whittier, CA 90601 Tel: (562) 696-0582 E-mail: marc.goldbach@goldbachlaw.com About Navaho Tour Inc. Navaho Tour Inc. is engaged in the business of arranging and assembling tours for sale through travel agents. Navaho Tour sought protection under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Cal. Case No. 19-19798) on Aug. 21, 2019. At the time of the filing, the Debtor was estimated to have assets of between $1 million and $10 million and liabilities of the same range. The case is assigned to Judge Sandra R. Klein. Goldbach Law Group, led by founding partner Marc Aaron Goldbach, is the Debtor's counsel. NN INC: Moody's Affirms B3 CFR & Alters Outlook to Negative ----------------------------------------------------------- Moody's Investors Service affirmed NN, Inc.'s Corporate Family Rating at B3 and existing senior secured debt ratings at B3; downgraded the Probability of Default Rating to Caa1-PD from B3-PD, and downgraded the Speculative Grade Liquidity Rating to SGL-4 from SGL-3. The B3 rating on the proposed $875 million senior secured term loan due 2026 is withdrawn. The rating outlook is revised to negative from stable. Rating withdrawn: Issuer: NN, Inc. B3 (LGD4), on the proposed $875 million senior secured term loan due 2026. Ratings downgraded: Issuer: NN, Inc. Probability of Default Rating, to Caa1-PD from B3-PD; Speculative Grade Liquidity Rating, to SGL-4 from SGL-3. Ratings affirmed: Issuer: NN, Inc. Corporate Family Rating, at B3; $110 million (remaining amount) first lien senior secured revolver due 2020, at B3 (LGD3, from LGD4); $270 million (remaining amount) first lien senior secured term loan due 2021, at B3 (LGD3, from LGD4); $528 million (remaining amount) first lien senior secured term loan due 2022, at B3 (LGD3, from LGD4). Outlook: revised to Negative from Stable RATINGS RATIONALE The ratings reflect NN's weak liquidity profile, including the expectation that the company's cash balances and free cash flow generation will be insufficient to repay the revolving credit facility outstanding borrowings by October 2020. A long-term solution to the revolving credit facility maturity will likely need to include the $270 million term loan which matures in April 2021. NN's new management team continues to seek financing alternatives, and focus on cost reduction actions. Management has also indicated that they are considering strategic actions such as asset sales to help reduce debt. Over the very near-term, Moody's will assess NN's operating flexibility in the context of any financing completed. The ratings also incorporates Moody's expectation that NN's gradual pace of debt/EBITDA leverage reduction will continue over the next several quarters. NN's debt/EBITDA has gradually reduced to about 8.1x, albeit remaining high, (inclusive of Moody's adjustments) as of September 30, 2019 with the run-rate impact of the previous acquisition, down from 9.6x at year-end 2018. About 42% of NN's revenues are in sectors for which Moody's has a positive Industry Sector Outlook (medical devices and aerospace & defense). The company's medical devices segment also drives a higher proportion of total segment profits. While NN's general industries and electrical businesses (the power solutions segment) operate in industries where Moody's has a Negative Industry Sector Outlook, growth trends in these segment should remain nominally positive over the intermediate-term. NN's competitive profile also benefits from long-standing customer relationships and a strong mix of highly engineered products which create meaningful market entry barriers. Yet, Moody's forecasts declining global automotive demand to continue into 2020 which will likely result in weakening revenue trends for the company's mobile solutions segment (about 28% of revenues). A partial mitigant to this trend in automotive demand is the company's product focus on fuel efficient technologies which are experiencing increasing vehicle content. Over the next year NN's LTM EBITA margins should improve to above 10% (inclusive of Moody's adjustments) while Debt/EBITDA leverage gradually declines to below 7x. The SGL-4 Speculative Grade Liquidity Rating reflects a weak liquidity profile into 2020, reflecting low cash levels, weak expected free cash flow generation over the next 12-15 months, and upcoming debt maturities. Cash on hand was $24.4 million as of September 30, 2019. Moody's continues to anticipate free cash flow on an LTM basis over the next 12-15 months in the $40 million range as cost savings take effect and costs related to the recent acquisitions reduce. Yet, this amount is unlikely to be achieved until mid 2020. Availability under the revolving credit facility as of September 30, 2019, which matures in October 2020, was $16.7 million available after reductions for borrowings of $71.3 million, outstanding letters of credit, and other limitations. In addition to the near-term maturity of the facility, NN is unlikely to generate sufficient cash to repay the revolving credit facility by October 2020 and maintain liquidity for operating flexibility. Given seasonal cash uses in early 2020, the covenant cushion under the revolving credit facility's maximum net leverage ratio is expected to weaken over the near-term. The withdrawal of the B3 rating on NN's proposed $875 million senior secured term loan incorporates the delay in the closing of the transaction and Moody's belief that this delay is indicative that the closing of the term loan, along with a proposed $120 million asset based senior secured revolving credit facility, are unlikely to occur. This event is a credit negative for NN, as its current $110 million revolving credit facility matures in October 2020, and had $71.5 million of outstanding borrowings as of November 6, 2019. The Probability of Default Rating was downgraded to Caa1-PD, which is one notch below the CFR. This rating reflects both the single class of debt and the control the lender group has in calling a default because of the effective covenants, a leverage measure in particular. The ratings could be downgraded with the expectation that a refinancing transaction which provides additional liquidity is not executed over the very near-term. The ratings could also be downgraded with the expectation that a positive free cash flow generation will not be achieved or sustained over the coming quarters; the inability to continue to implement cost savings actions and reduce costs related to integration activities resulting in the weakening of credit metrics; or further weakening in the company's major end-markets. Consideration for a lower rating could result from the expectation of debt/EBITDA remaining above 7x for a prolonged period, or inability to remove the going concern qualification. The ratings could be upgraded after achieving debt/EBITDA below 6.0x and EBITA/interest expense, inclusive of restructuring charges, above 2x supported by positive industry growth trends and positive free cash flow generation. Other considerations include balanced shareholder return policies along with a more moderate pace of acquisition growth. The principal methodology used in these ratings was Global Manufacturing Companies published in June 2017. NN, headquartered in Charlotte, NC, is a diversified industrial company that combines advanced engineering and production capabilities with in-depth materials science expertise to design and manufacture high-precision components and assemblies for a variety of markets on a global basis. Revenues for the LTM period ending September 30, 2019 were $848 million. NS FITNESS: December 12 Plan & Disclosures Hearing Set ------------------------------------------------------ On Oct. 31, 2019, debtor NS Fitness LLC, d/b/a Next Step Fitness, filed with the U.S. Bankruptcy Court for the Middle District of Florida, Jacksonville Division, a disclosure statement with respect to a plan. On Nov. 5, 2019, Judge Jerry A. Funk conditionally approved the disclosure statement and ordered that: * Creditors and other parties in interest shall file with the court their written ballots accepting or rejecting the Plan no later than nine(9) days before the date of the Confirmation Hearing. * Dec. 12, 2019, is fixed for the hearing on final approval of the disclosure statement and for the hearing on confirmation of the plan. The hearing will be held at 2:30 p.m., in 4th Floor Courtroom D, 300 North Hogan Street, Jacksonville, Florida. * Any objections to Disclosure or Confirmation shall be filed and served seven days before December 12, 2019, and shall be governed by Fed.R.Bank. 9014. About NS Fitness LLC NS Fitness LLC -- http://www.nextstepfitnessocala.com/-- owns and operates a gym in Ocala, Calif. NS Fitness sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 19-01173) on March 29, 2019. At the time of the filing, the Debtor was estimated to have assets of less than$50,000 and liabilities of between $1 million and $10 million. Schatt, Hesser, McGraw is the Debtor's bankruptcy counsel. NULEAN INC: Unsecureds to Recover 100% via Quarterly Payments ------------------------------------------------------------- Debtor Nulean, Inc., filed with the U.S. Bankruptcy Court for the Middle District of Florida, Tampa Division, an amended disclosure statement for its plan of reorganization. The Debtor estimates that it has prepetition debts owing to unsecured creditors in the aggregate approximate amount of $40,000.00. This amount is based on the schedules filed in this matter, and the various Proofs of Claim filed in the case that have been allowed and were not objected to. Claim No. 4 of NuLean Wellness, LLC, has been objected to and the objection sustained by the Court and will not be paid under the Plan. The Debtor proposes to pay the unsecured creditors 100% of their allowed claims in 20 quarterly payments without interest commencing 60 days after the order confirming plan becomes a final, non-appealable order. The Debtor shall provide unsecured creditors with Notes that shall have a term of 60 months subsequent to the consummation date of the Plan. Equity security holders will maintain their interest(s) as it exists at this time. The Class They will receive the balance of any funds remaining after the senior classes are paid in full. The Plan is the culmination of the Debtor's efforts to restructure its business affairs and emerge from Chapter 11 in a viable position. The Debtor's continued efforts will then be channeled to funding distributions to holders of allowed claims from future earnings from rents and his other business activities. A full-text copy of the Disclosure Statement dated Nov. 5, 2019, is available at https://tinyurl.com/yyqc5pvh from PacerMonitor.com at no charge. The Debtor is represented by: COLE & COLE LAW, P.A. Richard J. Cole,III,Esquire 46 N. Washington Blvd., Ste. 24 Sarasota, FL 34236 Tel: (941) 365-4055 Fax: (941) 365-4219 E-mail: rc3@colecolelaw.com About Nulean Inc. Nulean Inc. sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 19-02176) on March 14, 2019. In the petition signed by Tadeuz Sztykowski, president, the Debtor was estimated to have assets and liabilities of less than $100,000. The case is assigned to Judge Michael G. Williamson. The Debtor tapped Cole & Cole Law, P.A. as legal counsel and K Company Realty LLC as real estate broker. No committee of unsecured creditors has been appointed in the Debtor's case. OAK LAKE LLC: Seeks to Hire Theodore N. Stapleton as Legal Counsel ------------------------------------------------------------------ Oak Lake, LLC seeks authority from the U.S. Bankruptcy Court for the Northern District of Georgia to hire Theodore N. Stapleton, P.C. as its legal counsel. The firm will provide these services in connection with the Debtor's Chapter 11 case: (a) represent the Debtor with respect to its "first day" motions; (b) advise the Debtor regarding matters of bankruptcy law; (c) prepare pleadings and other legal papers necessary to the administration of the Debtor's case; (d) investigate, analyze and evaluate potential claims of the estate, including claims for recovery of avoidable transfers; (e) advise the Debtor concerning Chapter 11 plans and alternatives thereto; and (f) represent the Debtor at hearings and conferences. The hourly rates range from $200 to $500 for the firm's attorneys and from $50 to $150 for paralegals and project assistants. Theodore N. Stapleton is "disinterested" within the meaning of Section 101(14) of the Bankruptcy Code, according to court filings. The firm can be reached through: Theodore N. Stapleton, Esq. Theodore N. Stapleton, P.C. Suite 100-B, 2802 Paces Ferry Road Atlanta, GA 30339 Tel: (678) 361-6211 / (770) 436-3334 Fax: (404) 935-5344 Email: tstaple@tstaple.com About Oak Lake LLC Oak Lake LLC owns and operates a skilled nursing care facility in Grove, Okla. Oak Lake LLC filed its voluntary Chapter 11 petition (Bankr. N.D. Ga. Case No. 19-67517) on Nov. 1, 2019. In the petition signed by Christopher F. Brogdon, manager, the Debtor estimated $1 million to $10 million in both assets and liabilities. Theodore N. Stapleton, P.C. is the Debtor's legal counsel. OAKLEY GRADING: Hughes Says Plan Violates Absolute Priority Rule ---------------------------------------------------------------- Creditors J. David Hughes, Hughes Company, Inc., and JDH Group, Inc. object to the Disclosure Statement for Second Amended Plan of Reorganization of the Trustee of Oakley Grading and Pipeline LLC and shows grounds as follows: * Trustee's Second Amended Plan provides that David Hughes Unsecured Claims be entirely disallowed or alternatively, the Class 4 - Hughes Unsecured Claims be treated as Class 2 Unsecured Claims. The Trustee's Second Amended Plan provides that Class 2 Unsecured Claims which would include any Allowed Class 1 - JDH Group Claims and Allowed Class 4 - Hughes Unsecured Claims would be paid a pro rata Distribution to holders of Allowed Unsecured Claims of any Liquidation Proceeds that remain in the Reorganized Debtor's Estate after the payment and satisfaction of Allowed Administrative Claims and Allowed Priority Tax Claims, less any reserves permitted or required under the Plan. * Under the Second Amended Plan, senior non-consenting creditors will not be paid in full, while the owners of the Debtor will retain 100% of their equity interests. The Second Amended Plan thus violates the absolute priority rule directly contrary to Section 1129(b)(2)(B)(ii) and is unconfirmable on its face. * The Class 3 - IRS Allowed Unsecured Claim is subordinated to Class 1 - JDH Group Claim, Class 2 - Unsecured Claims, and Class 4 - Hughes Unsecured Claims. The Plan provisions to make any payment to the subordinate Class 3 - IRS Allowed Unsecured Claim violates the absolute priority rule because prior Classes 1, 2, and 4 are not paid in full. The Second Amended Plan is thus directly contrary to Section 1129(b)(2)(B)(ii) and is unconfirmable on its face. Thus, approval of the Second Amended Disclosure Statement must be denied and disapproved. * The Second Amended Plan proposes a sale of all of Debtor’s equipment and its executory contracts and agreements to Insider Joseph Oakley in exchange for an uncertain and amorphous Purchase Price to be paid over the course of five years after the Petition Date, if at all. At the threshold, the Oakley Insider Sale Transaction proposed in the Second Amended Plan is procedurally defective. * The structured, strategic treatment of JDH Group Class 1 Claims and Hughes Class 4 Unsecured Claims renders the Plan unconfirmable on its face because the Plan recognizes the creditors are impaired and eliminates voting rights of these classes. A full-text copy of the Objection dated Nov. 5, 2019, is available at https://tinyurl.com/sd7w8q4 from PacerMonitor.com at no charge. Counsel for J. David Hughes, Hughes Company, Inc., and JDH Group, Inc.: Jimmy L. Paul Drew V. Greene Chamberlain, Hrdlicka, White, Williams & Aughtry, P.C. 191 Peachtree Street, N.E., Suite 4600 Atlanta, Georgia 30303-1747 Tel: (404) 659-1410 Fax: (404) 659-1410 E-mail: jimmy.paul@chamberlainlaw.com drew.greene@chamberlainlaw.com About Oakley Grading and Pipeline Oakley Grading and Pipeline LLC is a privately held grading contractor in Newnan, Georgia. Oakley Grading and Pipeline, through its receiver, filed a Chapter 11 petition (Bankr. N.D. Ga. Case No. 18-10743) on April 9, 2018. In the petition signed by Vic Hartman, receiver, the Debtor disclosed $305,729 in total assets and $2.56 million in total liabilities. Kathleen G. Furr, Esq., and Kevin A. Stine, Esq., at Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., serve as the Debtor's counsel. On April 3, 2018, the U.S. Trustee filed a notice appointing Theo D. Mann as Chapter 11 trustee for Debtor. The Chapter 11 Trustee hired Mann & Wooldridge, P.C., as counsel, and Morris Manning & Martin, LLP, as special counsel. OZ INDUSTRIES: Case Summary & 20 Largest Unsecured Creditors ------------------------------------------------------------ Debtor: Oz Industries, LLC d/b/a Oz Motor Sports 6721 Talbot Dr. Almont, MI 48003 Business Description: Oz Industries, LLC is a Single Asset Real Estate debtor (as defined in 11 U.S.C. Section 101(51B)). The Company owns a commercial property located at 780 N. Van Dyke Road in Almont, MI 48003 having an appraised value of $500,000. Chapter 11 Petition Date: November 21, 2019 Court: United States Bankruptcy Court Eastern District of Michigan (Flint) Case No.: 19-32761 Judge: Hon. Joel D. Applebaum Debtor's Counsel: Mark H. Shapiro, Esq. STEINBERG SHAPIRO & CLARK 25925 Telegraph Rd., Suite 203 Southfield, MI 48033-2518 Tel: (248) 352-4700 Fax: (248) 352-4488 E-mail: shapiro@steinbergshapiro.com Total Assets: $514,555 Total Liabilities: $1,236,643 The petition was signed by David Mroz, sole member. A copy of the Debtor's list of 20 largest unsecured creditors is available for free at: http://bankrupt.com/misc/mieb19-32761_creditors.pdf A full-text copy of the petition is available for free at: http://bankrupt.com/misc/mieb19-32761.pdf PDARSH LLC: Seeks to Hire TAP Consulting as Accountant ------------------------------------------------------ PDARSH, LLC, seeks authority from the U.S. Bankruptcy Court for the Western District of Wisconsin to employ TAP Consulting, LLC, as accountant to the Debtor. PDARSH, LLC requires TAP Consulting to: -- assist and represent the Debtor in relation to the confirmation of the Chapter 11 Plan; -- assist in the preparation of cash flow analysis, monthly operating reports, P/L, Balance Sheet, income tax returns; and -- provide accounting services and feasibility Plan. TAP Consulting will be paid at the hourly rate of $150. TAP Consulting will also be reimbursed for reasonable out-of-pocket expenses incurred. Sali L. Sheafor, a partner at TAP Consulting, 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. TAP Consulting can be reached at: Sali L. Sheafor TAP CONSULTING, LLC 1285 Rudy St., Suite 105 Onalaska, WI 54650 Tel: (608) 519-3072 About PDARSH, LLC PDARSH, LLC, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Wisc. Case No. 19-12769) on Aug. 16, 2019. At the time of the filing, the Debtor had estimated assets of between $50,001 and $100,000 and liabilities of between $100,001 and $500,000. The case has been assigned to Judge Brett H. Ludwig. The Debtor is represented by Pittman & Pittman Law Offices, LLC. PENGROWTH ENERGY: Gets Interim Order for the Plan of Arrangement ---------------------------------------------------------------- Pengrowth Energy Corporation has obtained an interim order from the Court of Queen's Bench of Alberta in connection with its previously announced business combination with Cona Resources Ltd., a portfolio company of Waterous Energy Fund, by way of a plan of arrangement under the Business Corporations Act (Alberta). As previously disclosed, pursuant to the Arrangement, the Purchaser will: (a) acquire all of the outstanding common shares in the capital of the Company; and (b) make a cash payment in satisfaction of outstanding secured indebtedness of the Company under the Company's secured notes and credit facility. The Interim Order, among other things, authorizes Pengrowth to call and hold the meetings of the holders of the Shares and the holders of the Secured Indebtedness, respectively, to approve the Arrangement. The Meetings are scheduled to be held on Dec. 18, 2019 at Livingston Place (South Tower) in the Livingston Club Conference Centre, Plus 15 level, 222 - 3rd Avenue S.W., Calgary, Alberta, Canada, at 2:00 p.m. (Calgary time). The record date for determining the Shareholders and Secured Debtholders entitled to receive notice and to vote at the applicable Meeting has been fixed to be the close of business on Nov. 18, 2019. At the applicable Meeting, the Shareholders and Secured Debtholders, will be asked to pass a resolution approving the Arrangement. The Arrangement must be approved by: (i) at least 66 2/3% of the votes cast by the Shareholders present in person or by proxy at the Shareholders' Meeting; and (ii) a majority in number of the Secured Debtholders, voting as a single class, holding at least 66 2/3% of the outstanding Secured Indebtedness. As previously announced, 92% of Secured Debtholders holding an aggregate of approximately 93% of the Secured Indebtedness have entered into support agreements pursuant to which they have agreed to vote in favour of the Arrangement at the Meeting of Secured Debtholders. Pengrowth has arranged to mail a management information circular and other proxy materials in respect of the Meetings to all Shareholders and Secured Debtholders entitled to vote at the Meetings, and encourages all Shareholders and Secured Debtholders to vote by proxy in advance of, or failing that, in person, at the applicable Meeting. The board of directors of Pengrowth unanimously recommends that Shareholders and Secured Debtholders vote in favour of the Arrangement at the Meetings. About Pengrowth Pengrowth Energy Corporation -- http://www.pengrowth.com-- is a Canadian energy company focused on the sustainable development and production of oil and natural gas in Western Canada from its Lindbergh thermal oil property and its Groundbirch Montney gas property. The Company is headquartered in Calgary, Alberta, Canada and has been operating in the Western Canadian basin for more than 30 years. The Company's shares trade on both the Toronto Stock Exchange under the symbol "PGF" and on the OTCQX under the symbol "PGHEF". Pengrowth reported a net loss and comprehensive loss of C$559.3 million in 2018, following a net loss and comprehensive loss of C$683.8 million in 2017. As of Sept. 30, 2019, Pengrowth had C$1.10 billion in total assets, C$1.07 billion in total liabilities, and C$27 million in shareholders' equity. KPMG LLP, in Calgary, Canada, the Company's auditor since 1988, issued a "going concern" qualification in its report dated March 5, 2019, on the Company's consolidated financial statements for the year ended Dec. 31, 2018, citing that the Company has significant uncertainties relating to its ability to meet its financial obligations on scheduled debt maturities and comply with certain debt covenants that raise substantial doubt about its ability to continue as a going concern. PERFECT BROW: Judge Extends Exclusivity Period to Jan. 3 -------------------------------------------------------- Judge Donald Cassling of the U.S. Bankruptcy Court for the Northern District of Illinois extended the exclusivity period during which only Perfect Brow Art, Inc. and its affiliates can file a Chapter 11 plan to Jan. 3, 2020, and the period to solicit acceptances for the plan to March 3, 2020. The extension will afford the companies an opportunity to pursue a consensual plan in light of the recently consummated sale. On Sept. 20, the sale to Brow Art Management, LLC closed and the companies are now winding up their operations. About Perfect Brow Art Perfect Brow Art, Inc., a company based in Highland Park, Ill., and its affiliates sought Chapter 11 protection (Bankr. N.D. Ill. Lead Case No. 19-01811) on Jan. 22, 2019. In the petitions signed by Elizabeth Porikos-Gorgees, president and sole shareholder, Perfect Brow Art estimated $1 million to $10 million in both assets and liabilities while its affiliate P.B. Art Franchise estimated assets of less than $50,000 and liabilities of less than $500,000. Judge Carol A. Doyle oversees the cases. The Debtors tapped Goldstein & McClintock LLLP as their bankruptcy counsel, and Stretto as their claims and noticing agent. The Office of the U.S. Trustee appointed an official committee of unsecured creditors on Feb. 13, 2019. The committee tapped Sugar Felsenthal Grais & Helsinger LLP as its legal counsel. PRECISION HOTEL: Hires Andrea Bauman as Accountant -------------------------------------------------- Precision Hotel Management Company seeks authority from the U.S. Bankruptcy Court for the Middle District of Florida to employ Andrea Bauman, CPA, as accountant to the Debtor. Precision Hotel requires Andrea Bauman to: a. prepare the Debtor's tax returns and other necessary and required tax filings; and b. perform all other accounting services for the Debtor as debtor-in-possession which may be necessary herein as agreed between the Debtors and the firm. Andrea Bauman will be paid at the hourly rates of $300 to $150. Andrea Bauman will also be reimbursed for reasonable out-of-pocket expenses incurred. Andrea Bauman, partner of Andrea Bauman, CPA, 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. Andrea Bauman can be reached at: Andrea Bauman ANDREA BAUMAN, CPA 1501 Belcher Road South, Unit 6B Largo, FL 33771 Tel: (727) 531-7068 About Precision Hotel Management Co. Precision Hotel Management Company is a privately held enterprise that operates in the hospitality industry. Precision Hotel sought Chapter 11 protection (Bankr. M.D. Fla. Case No. 19-08449) on Sept. 5, 2019 in Tampa. In a petition signed by Virgina Mitchell, its president, the Debtor was estimated to have both assets and liabilities at $1 million to $10 million. BLANCHARD LAW, P.A., is the Debtor's counsel. PROMISE HEALTHCARE: Seeks to Extend Exclusivity Period to May 5 --------------------------------------------------------------- Promise Healthcare Group, LLC and its affiliates asked the U.S. Bankruptcy Court for the District of Delaware to extend the exclusive period to file a Chapter 11 plan to May 5, 2020, and the period to solicit acceptances for the plan to July 5, 2020. The extension, if granted by the court, would give the companies enough time to reconcile administrative expense claims and commence the process governing the filing of objections to claims. The companies had earlier filed a motion to set a deadline of Jan. 31, 2020, for creditors to file administrative expense claims that accrued on or before Sept. 1. The companies said they need to quantify the potential administrative expense claims that accrued through the date of the final closing of the sale, which occurred on Aug. 31, in order to propose a plan of liquidation. The motion is on Judge Christopher Sontchi's calendar for Dec. 20. About Promise Healthcare Established in 2003, Promise Healthcare is a specialty post-acute care health company headquartered in Boca Raton, Florida. Promise Healthcare Group, LLC, and its affiliates sought bankruptcy protection on Nov. 4, 2018 (Bankr. D. Del. Lead Case No. 18-12491). In the petition signed by Andrew Hinkelman, CRO, the Debtors estimated assets of up to $50,000 and liabilities of $50 million to $100 million. The Debtors tapped DLA Piper LLP and Waller Lansden Dortch & Davis, LLP, as general counsel; FTI Consulting, as financial and restructuring advisor; Houlihan Lokey and MTS Health Partners, L.P., as investment bankers; and Prime Clerk LLC as claims agent. RAIT FUNDING: Stevens & Lee Represents Equity Holders ----------------------------------------------------- In the Chapter 11 cases of RAIT Funding, LLC, the law firm of Stevens & Lee, P.C. submitted a verified statement under Rule 2019 of the Federal Rules of Bankruptcy Procedure that it is representing the Ad Hoc Committee members. On Aug. 30, 2019, the Debtors commenced with this Court voluntary cases under chapter 11 of the Bankruptcy Code. Since the Petition Date, the Debtors continue to operate and manage their businesses as debtors- in-possession. As of Nov. 18, 2019, the Ad Hoc Committee members and their disclosable economic interests are: (1) Ramat Securities Ltd. c/o Steven & Lee, PC Attn: Nicholas F. Kajon 485 Madison Avenue, 20th Floor New York, NY 10022 * Number of shares: 1,075,446 (2) Kenneth S. Grossman * Number of shares: 1,020,000 (3) Charles Frischer * Class A: 640,707 * Class B: 125,451 * Class C: 91,100 * 4,432 shares of common stock (4) Lebowitz Family Trust Lebowitz Family Stock, LLC David L. Lebowitz and The Steven and Deborah Lebowitz Foundation * Class A: 753,601 (5) 683 Capital Partners, LP * Class A: 201,004 * Class B: 94,145 * Class C: 30,988 * 7.625% 2024 Bonds: 61,615 (6) Broadbill Partners II LP * Number of shares: 307,195 (7) Black Rhino, LP * Number of shares: 38,995 (8) JKJ Special Situations Fund, LP * Number of shares: 80,175 (9) Steven Shaw * Number of shares: 104,875 Nothing contained in this Verified Statement (or Exhibit A) should be construed as a limitation upon, or waiver of, any Ad Hoc Committee member's rights to assert, file and/or amend its claim in accordance with applicable law and any orders entered in these cases establishing procedures for filing proofs of claim. The Ad Hoc Committee reserves the right to amend or supplement this Verified Statement in accordance with the requirements set forth in Rule 2019. Counsel to the Ad Hoc Committee of Holders of Preferred Equity Issued by RAIT Financial Trust can be reached at: Stevens & Lee, P.C. Joseph H. Huston, Jr., Esq. 919 North Market Street, Suite 1300 Wilmington, DE 19801 Tel: (302) 425-3310 Fax: (610) 371-7972 E-mail: jhh@stevenslee.com - and - Stevens & Lee, P.C. Nicholas F. Kajon, Esq. Constantine D. Pourakis, Esq. Andreas D. Milliaressis, Esq. 485 Madison Avenue, 20th Floor New York, NY 10022 Tel: (212) 319-8500 Fax: (212) 319-8505 E-mail: nfk/adm@stevenslee.com A copy of the Rule 2019 filing, downloaded from PacerMonitor.com, is available at https://is.gd/ZksLKS and https://is.gd/rCS11i About RAIT Funding RAIT -- https://www.rait.com/ -- is an internally-managed real estate investment trust focused on managing a portfolio of commercial real estate loans and properties. RAIT Funding, LLC and its affiliates, including RAIT Financial Trust, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Lead Case No. 19-11915) on Aug. 30, 2019. At the time of the filing, the Debtors were estimated to have assets of between $100 million and $500 million, and liabilities of the same range. The cases are assigned to Judge Brendan Linehan Shannon. The Debtors tapped Drinker Biddle & Reath LLP as bankruptcy counsel; UBS Securities LLC as investment banker; M-III Partners L.P. as restructuring and financial advisor; Ledgewood PC as tax counsel; and Epiq Corporate Restructuring, LLC as claims and noticing agent. RCJM INC: Wants Until Feb. 5, 2020 to File Plan & Disclosures ------------------------------------------------------------- Debtor RCJM, Inc., d/b/a Union Auto & Truck Repair, d/b/a Magic Auto Body, filed with the U.S. Bankruptcy Court for the Western District of New York a motion seeking to extend the deadline by which it must file a plan and disclosure statement to Feb. 5, 2020. The Debtor believes and submits that extending the deadline by which it has to file a plan and disclosure statement is warranted as such relief will provide the Debtor with additional time to prepare projections and review business operations so as to allow the Debtor the opportunity to prepare a plan and disclosure statement that will address the Debtor's liabilities and provide sufficient disclosure as to the Debtor's viability as a going concern. A full-text copy of the Motion dated Nov. 5, 2019, is available at https://tinyurl.com/wuhfpla from PacerMonitor.com at no charge. About RCJM Inc. RCJM, Inc., which conducts business under the names Union Auto & Truck Repair and Magic Auto Body, is a New York corporation, which operates as a licensed auto and truck repair shop and body collision shop, providing services primarily for governmental agencies and commercial customers. It operates its business at 1560 Harlem Road, W-2, Cheektowaga, New York. Richard Jones, holds a 100% percent shareholder interest in RCJM and is its president and sole director. RCJM voluntarily filed Chapter 11 petition (Bankr. W.D.N.Y. Case No. 19-10161) on Jan. 31, 2019. At the time of the filing, the Debtor was estimated to have assets of less than $100,000 and liabilities of less than $500,000. Judge Carl L. Bucki has been assigned to the case. RCJM is represented by counsel, Baumeister Denz LLP. REGIONAL MEDICAL TRANSPORTATION: Small Business Plan Due March 4 ---------------------------------------------------------------- Regional Medical Transportation, Inc., is a small business debtor and its case is a small business case as defined in 11 U.S.C. Sec. 101(51D). The Honorable Ashley M. Chan has ordered the Debtor to file a Plan of Reorganization/Liquidation and Disclosure Statement by March 4, 2020. The judge also ordered that the Debtor will secure all appropriate insurance coverage forthwith and that the Debtor will modify any insurance to provide for notice to the U.S. Trustee of any cancellation or change. About Regional Medical Transportation Regional Medical Transportation, Inc., sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Pa. Case No. 19-15513) on Sept. 4, 2019. At the time of the filing, the Debtor was estimated to have assets of between $100,001 and $500,000 and liabilities of the same range. The case is assigned to Judge Ashely M. Chan. Wetzel Gagliardi Fetter & Lavin LLC is the Debtor's counsel. ROBINSON AEROSPACE: Seeks Approval to Hire Business Advisor ----------------------------------------------------------- Robinson Aerospace, Inc., and Robinson Aircraft Interiors, Inc. seek approval from the U.S. Bankruptcy Court for the Northern District of Texas to hire a business advisor. In an application filed in court, the Debtors propose to employ Mark Ozenick, an operating executive and aviation business company founder, to provide these services in connection with their Chapter 11 cases: (1) prepare an information memorandum describing the Debtors, their historical performance and prospects; (2) assist the Debtors in compiling a data room of any necessary and appropriate documents related to a financing, sale or equity transaction; (3) assist the Debtors in developing a list of suitable potential lenders, investors and buyers who will be contacted on a discreet and confidential basis after approval by the Debtors; (4) coordinate the execution of confidentiality agreements for potential lenders, investors or buyers wishing to review the information memorandum; (5) assist the Debtors in coordinating site visits for interested lenders, investors or buyers, and work with the management team to develop appropriate presentations for such visits; (6) solicit competitive offers from potential lenders, investors and buyers; (7) assist the Debtors in structuring and negotiating any lending, investment or sale agreement; (8) assist the Debtors and their attorneys and accountants, as necessary, through closing on a best efforts basis. Mr. Ozenick will be paid a retainer of $5,000, and a "success" fee, which is 6 percent of equity and 3 percent of debt. The Debtor will only pay the advisor a success fee of up to $150,000. In court filings, Mr. Ozenick disclosed that he is "disinterested" within the meaning of Section 101(14) of the Bankruptcy Code, according to court filings. Mr. Ozenick maintains an office at: Mark Ozenick 6209 Tiffany Oaks Lane Arlington, TX 76016 About Robinson Aerospace and Robinson Aircraft Interiors Robinson Aerospace, Inc. and its affiliate Robinson Aircraft Interiors, Inc., an aircraft interior fabrication and refurbishment company, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Texas Lead Case No. 19-44385) on Oct. 30, 2019. At the time of the filing, the Debtors each was estimated to have assets of between $1 million and $10 million and liabilities of between $10 million and $50 million. The Debtors tapped Melissa S. Hayward, Esq., at Hayward & Associates PLLC, as their legal counsel. S&C TEXAS INVESTMENTS: Hires Texas Business as Appraiser -------------------------------------------------------- S&C Texas Investments, Inc., seeks authority from the U.S. Bankruptcy Court for the Southern District of Texas to employ Texas Business Valuation Group, as appraiser to the Debtor. S&C Texas Investments requires Texas Business to prepare a business valuation on the 2 Sky Zone franchised trampoline parks owned by the Debtor located in Westborough, MA and Wallingford, CT. Texas Business will be paid a flat rate of $6,600 for preparing the business valuation, plus a fixed daily rate of $3,500 to testify in Court. Daniel T. Jordan, partner of Texas Business Valuation Group, 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. Texas Business can be reached at: Daniel T. Jordan TEXAS BUSINESS VALUATION GROUP 5100 Westheimer Rd., Suite 200 Houston, TX 77056 Tel: (713) 574-9995 Fax: (888) 519-5970 About S&C Texas Investments S&C Texas Investments, Inc., is an amusement park operator and investor whose current assets include the Sky Zone Westborough and Sky Zone Wallingford amusement centers. S&C Texas Investments, based in Cypress, TX, filed a Chapter 11 petition (Bankr. S.D. Tex. Case No. 18-35668) on Oct. 8, 2018. In the petition signed by Ryan Swift, president, the Debtor disclosed $857,373 in assets and $8,862,438 in liabilities. The Hon. David R. Jones oversees the case. Margaret M. McClure, Esq., at the Law Offices of Margaret M. McClure, serves as bankruptcy counsel to the Debtor. No official committee of unsecured creditors has been appointed in the Chapter 11 case. SCULPT MEDICAL: Medical Spa Says Ombudsman No Necessary ------------------------------------------------------- The Sculpt Medical, LLC requests the court to issue an order determining that the appointment of a patient care ombudsman is not necessary. The Debtor is a Colorado corporation engaged in the business of operating a medical spa treatment facility. It provides an array of services to it's client, including next-level laser treatment, cosmetic care and body contouring. In this case, the financial problems suffered by the Debtor have not arisen out of the medical services provided to any patients. Rather it suffered from insufficient working capital, growing debt,and slower than expected business growth. Due to financial hardship, the Debtor filed Chapter 11 of the Bankruptcy Code that provides if the debtor is a health care business, the court shall order the appointment of an ombudsman to monitor the quality of patient care business. Therefore, the Debtor prays that the Court make and enter an order determining that patient care ombudsman is not necessary under the facts of the case. Counsel for Debtor: Jenny M.F. Fujii KUTNER BRINEN, P.C. 1660 Lincoln Street, Suite 1850 Denver, CO 80264 Telephone: (303) 832-2400 E-mail: jmf@kutnerlaw.com full-text copy of the Motion is available at https://tinyurl.com/u5ayz8e from PacerMonitor.com at no charge. About Sculpt Medical Sculpt Medical, LLC, provides laser treatments, cosmetic care, and body contouring services. Sculpt Medical sought Chapter 11 protection (Bankr. D. Colo. Case No. 19-19577) on Nov. 5, 2019. In the petition signed by Robert Kilpatrick, member, the Debtor disclosed total assets of $145,233 and total liabilities of $1,821,114. The Hon. Kimberley H. Tyson is the presiding judge. KUTNERBRINEN, P.C., led by Jenny M.F. Fujii, Esq., is the Debtor's counsel. SENIOR CARE: Hires Foley & Lardner as Conflict Counsel ------------------------------------------------------ Senior Care Centers LLC, and its debtor-affiliates seek authority from the U.S. Bankruptcy Court for the Northern District of Texas to employ Foley & Lardner, LLP, as granite conflict counsel to the Debtors. Senior Care requires Foley & Lardner to handle all matters and issues in connection with the Debtor's relationship with Granite Investment Group, LLC and its affiliated entities (the "Granite Landlords") On December 5, 2018, Polsinelli PC filed its application to employ Polsinelli PC as counsel to the Debtors. The Court granted the Polsinelli Application on Jan. 18, 2019. Polsinelli serves as the Debtors' primary counsel in the Chapter 11 Cases. The Polsinelli Application disclosed certain conflicts with respect to, among other things, the Debtors' relationship with the Granite Landlords and their affiliated entities. On Dec. 21, 2018, the Debtors filed an Application of Debtors for Authority to Employ and Retain Rochelle McCullough, LLP as Conflicts Counsel to the Debtors (the "ROMC Application") seeking to employ Rochelle McCullough as conflicts counsel to handle those issues that Polsinelli, as Debtors' counsel, could not due to existing conflicts. The Court granted the ROMC Application. The issues in the Chapter 11 Cases involving the Granite Landlords and the Rejected Facilities have become more prominent with the filing and potential solicitation of the Plan and Disclosure Statement, as well as the difficulties involved with transitioning the Granite Facilities to new operators. Foley & Lardner will be paid at these hourly rates: Deirdre B. Ruckman, Partner $780 Stephen A. McCartin, Of Counsel $795 Mark C. Moore, Senior Counsel $490 Melina T. Bales, Associate $360 Foley & Lardner will also be reimbursed for reasonable out-of-pocket expenses incurred. Deirdre B. Ruckman, a partner at Foley & Lardner, 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. Foley & Lardner can be reached at: Deirdre B. Ruckman, Esq. Stephen A. McCartin, Esq. Mark C. Moore, Esq. Melina T. Bales, Esq. FOLEY & LARDNER LLP 2021 McKinney Avenue, Suite 1600 Dallas, TX 75201 Tel: (214) 999-3000 Fax: (214) 999-4667 E-mail: druckman@foley.com smccartin@foley.com mmoore@foley.com mbales@foley.com About Senior Care Centers Senior Care Centers, LLC -- https://senior-care-centers.com/ -- is a Dallas-based, skilled nursing and long-term care industry leader in Texas and Louisiana. Senior Care Centers operates and manages more than 100 skilled nursing and assisted/independent living communities in the states of Texas and Louisiana. On Dec. 4, 2018, Senior Care Centers and 120 of its subsidiaries filed voluntary Chapter 11 petitions (Bankr. N.D. Tex. Lead Case No. 18-33967). The Debtors tapped Polsinelli PC as bankruptcy counsel; Hunton Andrews Kurth LLP as conflicts counsel; Sitrik and Company as communications consultant; and Omni Management Group, Inc. as claims, noticing, and administrative agent. On Dec. 14, 2018, the Office of the United States Trustee for the Northern District of Texas appointed an official committee of unsecured creditors in these Chapter 11 cases. SERVICE PAINTING: Jan. 8, 2020 Plan Confirmation Hearing Set ------------------------------------------------------------ Debtor Service Painting, Inc., filed with the U.S. Bankruptcy Court for the Eastern District of Pennsylvania a motion for approval of disclosure statement, plan voting materials and plan voting procedures. On Nov. 5, 2019, Judge Eric L. Frank approved the disclosure statement and established the following dates and deadlines: * Dec. 18, 2019, at 5:00 p.m. is fixed as the deadline by which ballots must be received in order to be considered as acceptances or rejections of the Plan. * Jan. 3, 2020, is fixed as the deadline for filing and serving written objections to the confirmation of the Plan pursuant to Fed. R. Bankr. P. 3020(b)(1). * Jan. 8, 2020, at 11:00 a.m., is fixed as the date and time for the hearing on confirmation of the Plan, to be held at the United States Bankruptcy Court, Courtroom No. 1, 900 Market Street, Philadelphia, PA 19107. About Service Painting Service Painting, Inc., sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Pa. Case No. 18-16843) on Oct. 13, 2018. At the time of the filing, the Debtor was estimated to have assets of less than $1 million and liabilities of less than $1 million. Judge Eric L. Frank oversees the case. The Debtor tapped Kurtzman Steady, LLC, as its legal counsel. SHERIDAN HOLDING: Court Confirms Joint Prepackaged Plan ------------------------------------------------------- Sheridan Holding Company II, LLC and its Affiliated Debtors filed with the U.S. Bankruptcy Court for the Southern District of Texas, Houston Division, a disclosure statement describing its joint prepackaged plan of reorganization. On November 12, 2019, the Court ordered that: * The Disclosure Statement is approved in all respects. * The Plan is approved in its entirety and confirmed under section 1129 of the Bankruptcy Code. The terms of the Plan, including the Plan Supplement (including any supplements, amendments, or modifications thereof in accordance with this Confirmation Order and the Plan), are incorporated by reference into and are an integral part of this Confirmation Order. * All objections and all reservations of rights pertaining to Confirmation or approval of the Disclosure Statement that have not been withdrawn, waived, or settled are overruled on the merits. * Pursuant to the restructuring transaction steps set forth in one or more exhibits to the Plan Supplement, all assets and all liabilities of the Debtors shall be transferred to and assumed by the Reorganized Debtors in accordance with the Plan. * The Debtors or Reorganized Debtors, as applicable, are authorized to enter into and effectuate the Restructuring Transactions, including the entry into and consummation of the transactions contemplated by the RSA, the Plan Supplement, and/or the Plan, as the same may be modified from time to time prior to the Effective Date. * On the Effective Date, the Reorganized Debtors shall enter into the Exit Facilities, the terms of which will be set forth in the applicable documentation included in the Plan Supplement and which terms shall be in all respects consistent with the RSA and the Plan. As reported in the TCR, Sheridan Holding Company II, LLC, and its related entities sought Chapter 11 protection commenced chapter 11 cases to seek confirmation of a prepackaged plan of reorganization that would reduce prepetition debt by approximately $900 million, deleverage their balance sheet, and provide crucial additional liquidity. The Plan leaves trade creditors unimpaired and has the support of holders of 99% of the Debtors' secured debt and holders of 96% of their subordinated debt, who have documented their support for the restructuring and the chapter 11 cases through a restructuring support agreement. A full-text copy of the Plan Confirmation Order is available at https://tinyurl.com/r54dygk from PacerMonitor.com at no charge. The Debtors are represented by: Kirkland & Ellis LLP 601 Lexington Avenue New York, New York 10022 Facsimile: (212) 446-4900 Attention: Joshua A. Sussberg, P.C. Steven N. Serajeddini E-mail: joshua.sussberg@kirkland.com steven.serajeddini@kirkland.com - and - Kirkland & Ellis LLP 300 North LaSalle Chicago, Illinois 60654 Facsimile: (312) 862-2200 Attention: Spencer A. Winters E-mail address: spencer.winters@kirkland.com About Sheridan Holding Company II Sheridan Holding Company II LLC -- http://www.sheridanproduction.com/-- is an independent oil and natural gas company with production and development activities in the Rocky Mountains, West Texas, and New Mexico. Sheridan and its debtor-affiliates comprise one of three private placement oil and gas investment funds in the Sheridan group, all under the common management of non-debtor Sheridan Production Partners Manager, LLC. The Debtors' assets are primarily mature producing properties with long-lived production, relatively shallow decline curves, and lower-risk development opportunities. Sheridan Holding Company II, LLC, and certain affiliates sought Chapter 11 protection (Bankr. S.D. Tex. Case No. 19-35198) on Sept. 15, 2019, to seek confirmation of a prepackaged plan of reorganization that would reduce debt by $900 million. The Debtors are estimated to have $100 million to $500 million in assets and at least $1 billion in liabilities as of the bankruptcy filing. The Hon. Marvin Isgur is the case judge. The Debtors tapped Kirkland & Ellis LLP as general bankruptcy counsel; Jackson Walker L.L.P. as local bankruptcy counsel; Evercore Group L.L.C. as investment banker; and AlixPartners, LLP as restructuring advisor. Prime Clerk LLC is the claims agent. SHERIDAN HOLDING: Has $350M to $500M Total Enterprise Value ----------------------------------------------------------- Curtis Flood, Vice President at Evercore Group L.L.C., investment banker and financial advisor to debtors Sheridan Holding Company II, LLC, et al., submitted a declaration in support of the Debtors’ Joint Prepackaged Plan of Reorganization. According to Mr. Flood, the estimated total enterprise value of the Reorganized Debtors, as of an assumed emergence date of Oct.31, 2019, would be in a range between $350 million and $500 million, with a midpoint of $425 million. Based on the estimated Total Enterprise Value and the assumed pro forma net debt of $160 million as of the Emergence Date, the implied equity value for the Reorganized Debtors, as of the Assumed Emergence Date, is between approximately $190 million and $340 million, with a midpoint estimate of $265 million. The estimated range of the Total Enterprise Value represents a valuation of the Reorganized Debtors based on the application of standard valuation techniques, including (a) a net asset value analysis; (b) a comparable company analysis; (c) a discounted cash flow analysis; and (d) a precedent transactions analysis. Evercore estimated the value of the Debtors' proved, probable and possible oil and gas reserves using a NAV analysis. The NAV analysis estimates the value of the business by calculating the sum of the present value of cash flows generated by the Debtors' 3P reserves. Under this methodology, future cash flows from the Debtors' reserve report were valued using various discount rates depending on reserve category based on the risk profile of the resource, pricing, operating, and other general business characteristics. A full-text copy of the Declaration is available at https://tinyurl.com/u2qx8e6 from PacerMonitor.com at no charge. About Sheridan Holding Company II Sheridan Holding Company II LLC--http://www.sheridanproduction.com/ -- is an independent oil and natural gas company with production and development activities in the Rocky Mountains, West Texas, and New Mexico. Sheridan and its debtor-affiliates comprise one of three private placement oil and gas investment funds in the Sheridan group, all under the common management of non-debtor Sheridan Production Partners Manager, LLC. The Debtors' assets are primarily mature producing properties with long-lived production, relatively shallow decline curves, and lower-risk development opportunities. Sheridan Holding Company II, LLC, and certain affiliates sought Chapter 11 protection (Bankr. S.D. Tex. Case No. 19-35198) on Sept. 15, 2019, to seek confirmation of a prepackaged plan of reorganization that would reduce debt by $900 million. The Debtors are estimated to have $100 million to $500 million in assets and at least $1 billion in liabilities as of the bankruptcy filing. The Hon. Marvin Isgur is the case judge. The Debtors tapped Kirkland & Ellis LLP as general bankruptcy counsel; Jackson Walker L.L.P. as local bankruptcy counsel; Evercore Group L.L.C. as investment banker; and AlixPartners, LLP as restructuring advisor. Prime Clerk LLC is the claims agent. SLIDEBELTS, INC: Seeks to Extend Exclusivity Period by 120 Days --------------------------------------------------------------- Slidebelts Inc. asked the U.S. Bankruptcy Court for the Eastern District of California to extend by 120 days the period during which the company has the exclusive right to file a Chapter 11 plan and solicit acceptances for the plan. A court hearing is scheduled for Dec. 4, at 9:00 a.m. It will be held at Sacramento Courtroom 28, Department A. About SlideBelts Inc. SlideBelts Inc., which conducts business under the name SlideBelts and SlideBelts by Brig Taylor, is an e-commerce apparel and emerging wearable technology company offering leather belts, canvas belts, hats, fingerless gloves and more. Its products are available on http://www.slidebelts.com/,Amazon, eBay and in select retail shops. SlideBelts filed a Chapter 11 petition (Bankr. E.D. Cal. Case No. 19-25064) on Aug. 12, 2019 in Sacramento, Calif. In the petition signed by Brig Taylor, president and chief executive officer, the Debtor disclosed $5,181,151 in total assets and $7,115,000 in total liabilities. The case is assigned to Judge Fredrick E. Clement. Parsons Behle & Latimer is the Debtor's legal counsel. SMARTER TODDLER: Seeks to Hire Inemer & Wolf as Accountant ---------------------------------------------------------- Smarter Toddler Group, LLC, seeks authority from the U.S. Bankruptcy Court for the Southern District of New York to employ Inemer & Wolf LLP, as accountant to the Debtor. Smarter Toddler requires Inemer & Wolf to perform necessary accounting services for the Debtor necessary for the successful prosecution of the Debtor's Chapter 11 case. Inemer & Wolf will be paid based upon its normal and usual hourly billing rates. The firm will also be reimbursed for reasonable out-of-pocket expenses incurred. Joseph Wolf, partner of Inemer & Wolf 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. Inemer & Wolf can be reached at: Joseph Wolf INEMER & WOLF LLP 1430 Broadway Suite 1503 New York, NY 10018 Tel: (212) 944-2555 About Smarter Toddler Group Smarter Toddler Group, LLC -- https://www.smartertoddler.net/ -- is a child care - pre school in New York. It offers early childhood education, top tier private preschools, pre-k, child day care centers, nursery, infant childcare, baby activities, toddler enrichment classes, art, music, movement classes, science, yoga, dance, languages, sign language, literacy, kindergarten prep, GNT gifted and talented test prep tutoring, G&T preparation. The Debtor filed a Chapter 11 petition (Bankr. S.D.N.Y. Case No. 19-13097) on Sept. 27, 2019, in Manhattan, New York. In the petition signed by Kettia Ming, manager, the Debtor was estimated to have assets between $1 million and $10 million, and liabilities of the same range. Judge Shelley C. Chapman is assigned the case. STORCH AMINI PC is the Debtor's legal counsel. SNEED SHIPBUILDING: Court Asked to Confirm Thayer O'Neal Retention ------------------------------------------------------------------ Allison Byman, the Chapter 11 trustee for Sneed Shipbuilding Inc., asked the U.S. Bankruptcy Court for the Southern District of Texas to confirm the retention of Thayer O'Neal, LLC as special tax accountant. If confirmed, Thayer O'Neal will provide additional services, which include: a. preparation of Form 1120 U.S. Corporation Income tax return for the 2018 tax year ended September 30, 2019; b. preparation of Texas Franchise tax Report for the 2020 Report Year based on the accounting year ended on September 30, 2019; c. preparation of final Form 1120 U.S. Corporation Income tax return for the 2019 tax year ending on the proposed date of liquidation; and d. consultations and research relative to Texas franchise tax. The firm will receive a flat fee of $12,273.25. Thayer O'Neal served as the Debtor's special tax accountant pursuant to the court's order issued on June 23, 2016. Following her appointment as Chapter 11 trustee, Ms. Byman sought the court's confirmation of the firm's retention, which was granted by the court on March 23, 2018. Since entry of the court order, Thayer O'Neal has continued to provide services with respect to potential tax ramifications regarding the trustee's pending Chapter 11 plan of liquidation and the court-approved disclosure statement. Thayer O'Neal maintains an office at: Thayer O'Neal, LLC 101 Parklane Blvd., Suite 201 Sugar Land, TX 77478 Phone: 281-552-8430 Fax: 281-552-8431 Email: info@thayeroneal.com About Sneed Shipbuilding Sneed Shipbuilding, Inc., sought protection under Chapter 11 of The Bankruptcy Code (Bankr. S.D. Tex. Case No. 16-60014) on March 4, 2016. In the petition was signed by Clyde E. Sneed, president, the Debtor was estimated to have assets of $1 million to $10 million and debt of $10 million to $50 million. The case is assigned to Judge David R. Jones. The Debtor was represented by Amber Michelle Chambers, Esq., Eric Michael VanHorn, Esq., and Nicholas Zugaro, Esq., at McCathern, PLLC. The Office of the U.S. Trustee appointed creditors to serve on the official committee of unsecured creditors. The committee tapped McKool Smith, PC as its legal counsel. On Nov. 3, 2016, the court appointed Allison D. Byman as the Chapter 11 trustee. The trustee tapped Hughes Watters Askanase, LLP as her legal counsel. SOUTHCROSS ENERGY: Unsecureds Owed $215M Out-Of-Money in Plan ------------------------------------------------------------- Southcross Energy Partners, et al., fine-tuned its Disclosure Statement on Nov. 5, 2019. The Plan provides, among other things, as follows: * The Reorganized Debtors shall seek to incur a new money Exit Revolving Credit Facility in the amount of $75 million; * Holders of Allowed Priority Non-Tax Claims shall be entitled to payment in full in Cash; * Holders of Allowed Other Secured Claims shall be entitled shall be entitled to receive, subject to the terms of the Plan, in full and final satisfaction, settlement, release and discharge of its Allowed Other Secured Claim, at the election of the Debtors: (x) Cash in an amount equal to such Allowed Other Secured Claim; or (y) such other treatment that will render such Other Secured Claim unimpaired pursuant to section 1124 of the Bankruptcy Code; provided, however, that Other Secured Claims incurred by a Debtor in the ordinary course of business may be paid in the ordinary course of business in accordance with the terms and conditions of any agreements relating thereto, in the discretion of the applicable Debtor without further notice to or order of the Bankruptcy Court; * Holders of allowed Prepetition Revolving Credit Facility Claims shall be entitled to receive their Pro Rata Share of: (a) the Prepetition Revolving Credit Facility Exit Term Loan Distribution; (b) if applicable, the Prepetition Revolving Credit Facility New Preferred Units Distribution; and (c) the Prepetition Revolving Credit Facility New Common Units Distribution; * Holders of allowed Prepetition Term Loan Claims shall be entitled to receive their Pro Rata Share of: the Prepetition Term Loan New Common Units Distribution.holders of General Unsecured Claims shall not receive a distribution under the Plan; * Holders of Sponsor Note Claims shall not receive a distribution under the Plan; * Holders of Subordinated Claims shall not receive a distribution under the Plan; and * Holders of Existing Interests shall not receive a distribution under the Plan. The Amended Plan now estimates priority non-tax claims (Class 1) at $0, other secured claims (Class 2) at $0, prepeittion revolving credit facility claims (Class 3) at $81,293,202, prepetition term loan claims (Class 4) at $309,418,356 (Class 4), general unsecured claims (Class 5) at $215,150,000, and sponsor note claims (Class 6) at $17,382,775. A full-text copy of this Disclosure Statement dated Nov. 5, 2019 is available at https://tinyurl.com/vlbyhra from PacerMonitor.com at no charge. About Southcross Energy Partners Southcross Energy Partners, L.P. -- http://www.southcrossenergy.com/-- is a publicly traded company that provides midstream services to natural gas producers and customers, including natural gas gathering, processing, treatment and compression, and access to natural gas liquid (NGL) fractionation and transportation services. It also purchases and sells natural gas and NGLs. Its assets are located in South Texas, Mississippi and Alabama, and include two cryogenic gas processing plants, a fractionation facility and approximately 3,100 miles of pipeline. The South Texas assets are located in or near the Eagle Ford shale region. Southcross Energy is headquartered in Dallas, Texas. Southcross Energy Partners and its affiliates sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Lead Case No. 19-10702) on April 1, 2019. The Debtors disclosed total assets of $610.4 million and total liabilities of $614.3 million as of April 1, 2019. The cases are assigned to Judge Mary F. Walrath. The Debtors tapped Davis Polk & Wardwell LLP as bankruptcy counsel; Morris, Nichols, Arsht & Tunnell LLP as Delaware counsel; Alvarez & Marsal as financial advisor; Evercore Group LLC as investment banker; and Kurtzman Carson Consultants LLC as notice and claims agent and administrative advisor. SOUTHERN MISSISSIPPI FUNERAL: Taps Dummer Law as Special Counsel ---------------------------------------------------------------- Southern Mississippi Funeral Service, LLC seeks authority from the U.S. Bankruptcy Court for the Southern District of Mississippi to employ Dummer Law Group, PLLC as special counsel. Dummer Law Group will represent the Debtor during an audit to be conducted by the Mississippi Secretary of State as to its accounting of "pre-need" contracts. Stephen Dummer, Esq., at Dummer Law Group, will charge the Debtor at an hourly rate of $225. Mr. Dummer disclosed in court filings that the firm does not have any conflicts of interest in representing the Debtor in the audit. The firm can be reached through: Stephen W. Dummer, Esq. Dummer Law Group, PLLC 770 Water Street Biloxi, MS 39530 Tel: 228-392-2003 Fax: 228-392-7618 About Southern Mississippi Funeral Service Southern Mississippi Funeral Service, LLC -- https://www.smfs.us/ -- offers burial or graveside services, cremation services, memorial services and specialty funeral services. Southern Mississippi Funeral Service filed a voluntary petition under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Miss. Case No. 18-51483) on July 31, 2018. In the petition signed by Stephen A. Hilton, president, the Debtor estimated $1 million to $10 million in both assets and liabilities. Judge Katharine M. Samson presides over the case. The Debtor tapped Sheehan Law Firm as bankruptcy counsel; The Dummer Law Group as special counsel; and Howell CPA, PA as accountant. SPINLABEL TECHNOLOGIES: Plan Administrator Hires KapilaMukamal LLP ------------------------------------------------------------------ James Martin, the court-appointed plan administrator for SpinLabel Technologies, Inc., seeks approval from the U.S. Bankruptcy Court for the Southern District of Florida to hire a consultant and insolvency expert. In his application, Mr. Martin proposes to employ KapilaMukamal, LLP to prepare expert opinions and reports and present testimony in trial in connection with five complaints he filed with the bankruptcy court. The complaints involve, in part, the avoidance and recovery of fraudulent transfers. The firm's hourly rates are: Senior Partners $610 - $540 Partners $396 - $420 Principals $270 - $310 Senior Consultants $342 - $380 Consultants $230 - $320 IT Consultants $240 Analysts $120 - $230 Paraprofessional $120 - $220 KapilaMukamal is "disinterested" within the meaning of Section 101(14) of the Bankruptcy Code, according to court filings. The firm can be reached through: Barry E. Mukamal KapilaMukamal, LLP Kapila Building 1000 South Federal Highway, Suite 200 Fort Lauderdale, FL 33316 Direct: 786-517-5730 Office: 954-761-1011 Fax: 954-761-1033 E-mail: bmukamal@kapilamukamal.com About SpinLabel Technologies SpinLabel Technologies, Inc. -- http://www.spinlabels.com/-- is a Florida-based company dedicated to building and licensing its unique labeling technology that builds brand value by engaging current and prospective customers in the shopping corridor and at home. SpinLabel's proprietary, patented label Technology enables a spinning label (an outer Label over an inner label) to almost double the valuable messaging space on a container. SpinLabel is aligned with top label manufacturers globally to facilitate easy integration into most types of existing consumer product packaging. Based in Miami, Fla., SpinLabel -- which does business as Spinformation, Inc., as Accudial Pharmaceutical, Inc., and as Accudial, Inc. -- filed a Chapter 11 petition (Bankr. S.D. Fla. Case No. 17-20123) on Aug. 9, 2017. In the petition signed by Alan Shugarman, its director, the Debtor estimated $1 million to $10 million in both assets and liabilities. The Debtor tapped Shraiberg Landaue & Page PA as bankruptcy counsel; Genovese Joblove & Battista, P.A. as special counsel; and Marcum LLP as tax accountant. No official committee of unsecured creditors has been appointed in the Debtor's case. SUMMIT VIEW: Seeks to Hire Wright Fulford as Special Counsel ------------------------------------------------------------ Summit View, LLC, seeks approval from the U.S. Bankruptcy Court for the Middle District of Florida to hire Wright, Fulford, Moorhead & Brown, PA as its special counsel. The firm will represent the Debtor in a case styled Roberto Valdez vs. Summit View, LLC; JES Properties, Inc., CWES III, LLC; Douglas J Weiland and Elizabeth C. Cirna, (Case No. 1 8-CA-002117). The case is pending in the Sixth Judicial Circuit in and for Pasco County. Brett Williams, Esq., at Wright Fulford, disclosed in court filings that no personnel at the firm holds any adverse interest in the Debtor's Chapter 11 case. The firm can be reached through: Brett T. Williams, Esq. Wright, Fulford, Moorhead & Brown, PA 505 Maitland Avenue, Suite 1000 Altamonte Springs, FL 32701 Phone: (407) 425-0234 About Summit View Summit View, LLC is a single asset real estate debtor (as defined in 11 U.S.C. Section 101(51B)). Summit View sought protection under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 19-10111) on Oct. 24, 2019. It previously filed Chapter 11 petition (Bankr. M.D. Fla. Case No. 09-06495) on April 2, 2009. At the time of the filing, the Debtor disclosed assets of between $1 million and $10 million and liabilities of the same range. The Debtor tapped Alberto F. Gomez, Jr., Esq., at Johnson, Pope, Bokor, Ruppel & Burns, LLP. T I G HOLDINGS: UST Says 9.8-Year Wait Risks Non-Payment -------------------------------------------------------- David W. Asbach, Acting United States Trustee for Region 5, objects to confirmation of the Chapter 11 Combined Plan and Disclosure Statement of debtor T I G Holdings, Inc., and in support thereof, states the following: * The Proposed Plan is not feasible. The monthly plan payments total $4,025. Through the most recent filed monthly operating report (August 2019), Debtor's average monthly cash flow is (-$228.) This cash flow amount is not adjusted to include four adequate protection payments of $412 to American Bank and one adequate protection payment of $2,500 to Charles Boagni, as the deficiency of over $4,000 a month is so great a small adjustment would not affect the feasibility analysis. * The Debtor proposes to pay unsecured creditors $2,100 per quarter until claims totaling $83,183 are paid 100%, which is approximately 9.8 years. According to the Liquidation Analysis, in a chapter 7 the net available to unsecured creditors, after payment of the chapter 7 expenses, would be $121,371, which is more than enough to pay the unsecured creditors 100% of their claim much faster than 9.8 years and without the significant risk of non-payment during a 9.8 year payout in the chapter 11. * The Debtor's Plan should not be confirmed, as the debtor cannot comply with the 11 U.S.C. §1129(a)(7) requirement that each holder of a claim in an impaired class (i) has accepted the plan or (ii) will receive under the plan property of a value, as of the effective date of the plan, that is not less than the amount such holder would receive if the debtor were liquidated under chapter 7 of this title. The U.S. requests that the Court deny confirmation of the Proposed Plan and for such other relief as is warranted. About T I G Holdings T I G Holdings, Inc., owns a trailer park in Lafayette, Louisiana. The park has 47 mobile home rental spaces and one house, with a potential monthly gross of $9,950. TIG is owned by Michael J. Munro, Sr. Since 2015, Munro has been suffering from illness and unable to manage the trailer park effectively. In February 2019, its primary lender, Charles Boagni, its primary lender, filed a foreclosure lawsuit and the bulk of the Debtor's assets were set to be sold at sheriff's sale. T I G Holdings, Inc., filed a Chapter 11 bankruptcy petition (W.D. La. Case No. 19-50245) on Feb. 27, 2019. The Debtor hired Weinstein & St. Germain, LLC, as counsel. TARRANT COUNTY: Wants Dec. 19 to Present Plan & Disclosures ----------------------------------------------------------- Debtor Tarrant County Senior Living Center, Inc., submitted a motion seeking entry of an order scheduling a combined hearing on the adequacy of the disclosure statement and confirmation of the prepackaged plan of reorganization for the Debtor. By this Motion, the Debtor seeks relief in order to approve certain expedited and other narrowly tailored relief that will allow the Debtor to consummate the Refinancing Transaction set forth in the Plan and emerge from chapter 11 as expeditiously as possible. The Debtor believes that no parties in interest are prejudiced by the expedited confirmation schedule proposed herein given that the Steering Committee, the members of which have signed the Plan Support Agreement and hold at least 67% of the outstanding aggregate principal amount of all Bonds issued participated in the negotiation of all pertinent Plan documents. The Debtor, therefore, submits that confirming the Plan on the expedited schedule set forth in this Motion, as well as the other relief requested herein, is in the best interests of the Debtor's estate, creditors and all other interested parties, and should be approved. The Debtor requests that the Court approve the following schedule of dates, subject to the Court's availability: * On or before Dec. 12, 2019, at 4:00 p.m. prevailing Central Time as the deadline for objections to the adequacy of the Disclosure Statement and confirmation of the Plan. * Dec. 19, 2019, as the combined hearing on the adequacy of the Disclosure Statement and confirmation of the Plan. A full-text copy of the Motion is available at https://tinyurl.com/rnd6qxn from PacerMonitor.com at no charge. About Tarrant County Senior Living Center Incorporated in 2006, Tarrant County Senior Living Center, Inc., doing business as The Stayton at Museum Way -- https://www.thestayton.com/ -- is a not-for-profit corporation that has built a senior living retirement community in Fort Worth, Texas. Stayton operates a continuing care retirement community that offers its senior residents a continuum of care in a campus-style setting, providing living accommodations and related health care and support services to a target market of individuals aged 62 and older. Stayton sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex. Case No. 19-33756) on Nov. 5, 2019. In the petition signed by CRO Louis E. Robichaux IV, the Debtor was estimated to have assets ranging between $100 million to $500 million and liabilities of the same range. The Hon. Stacey G. Jernigan is the case judge. The Debtor tapped DLA Piper LLP (US), as bankruptcy counsel; Gilmore Bell, Esq., as bond counsel; Louis E. Robichaux IV at Ankura Consulting Group, LLC as chief restructuring officer; and EPIQ Corporate Restructuring, LLC, as claims and solicitation agent. TIME DEFINITE: Delays Plan Filing to Draft Financial Projections ---------------------------------------------------------------- Debtors Time Definite Services, Inc. and Time Definite Leasing, LLC filed their motion for an extension of time to file a Disclosure Statement and Plan of Reorganization. On Aug. 22, 2019, the Court entered an Order Establishing Deadline for Filing Plan and Disclosure Statement, which among other deadlines, established Nov. 2, 2019, as the date within which the Debtors must file their Disclosure Statement and Plan. In seeking an extension, the Debtors explained that they are still in the process of restructuring their day-to-day operations to reduce their overhead and fixed costs. As a result, the Debtors are not in a position at this time to draft the long term financial projections which are an essential component of the Disclosure Statement. The Debtors respectfully request an 60 days within which to submit their Disclosure Statement and Plan of Reorganization, including adjusting and any other deadlines with respect thereto, if necessary. About Time Definite Services Time Definite Services, Inc., is a provider of refrigerated trucking and individualized logistics. Its affiliate Time Definite Leasing LLC provides truck renting and leasing services. Time Definite Services and Time Definite Leasing filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Lead Case No. 19-06564) on July 12, 2019. In the petition signed by Michael Suarez, president, Time Definite Services disclosed $21,898,781 in assets and $22,555,177 in liabilities. Buddy D. Ford, P.A. is the Debtors' counsel. TNR HOLDINGS: Committee Hires Heller Draper as Counsel ------------------------------------------------------ The Official Committee of Unsecured Creditors of TNR Holdings, LLC, and its debtor-affiliates seeks authorization from the U.S. Bankruptcy Court for the Eastern District of Louisiana to retain Heller Draper Patrick Horn & Manthey, L.L.C., as counsel to the Committee. The Committee requires Heller Draper to: a. advise the Committee in connection with its powers and duties under the Bankruptcy Code, the Bankruptcy Rules and the Bankruptcy Local Rules; b. assist and advise the Committee in its consultation with the Debtors relative to the administration of these cases; c. attend meetings and negotiate with the representatives of the Debtors and other parties-in-interest; d. assist and advise the Committee in its examination and analysis of the conduct of the Debtors' affairs; e. assist and advise the Committee in connection with any sale of the Debtors' assets pursuant to section 363 of the Bankruptcy Code; f. assist the Committee in the review, analysis and negotiation of any chapter 11 plan(s) of reorganization or liquidation that may be or have already been filed and assist the Committee in the review, analysis and negotiation of the disclosure statement accompanying any such plan(s); g. assist the Committee in analyzing the claims asserted against and interests asserted in the Debtors, in negotiating with the holders of such claims and interests, and in bringing, participating in, or advising the Committee with respect to contested matters and adversary proceedings, including objections or estimation proceedings, with respect to such claims or interests; h. assist with the Committee's review of the Debtors' Schedules of Assets and Liabilities, Statements of Financial Affairs and other financing reports prepared by the Debtors, and the Committee's investigation of the acts, conduct, assets, liabilities and financial condition of the Debtors and of the historic and ongoing operation of their businesses; i. assist the Committee in its analysis of, and negotiations with, the Debtors or any third party related to, among other things, cash collateral issues, financings, compromises of controversies, assumption or rejection of executory contracts and unexpired leases, and matters affecting the automatic stay; j. take all necessary action to protect and preserve the interests of the Committee, including (i) possible prosecution of actions on its behalf; and (ii) if appropriate, negotiations concerning all litigation in which the Debtors are involved; k. generally prepare on behalf of the Committee all necessary motions, applications, answers, orders, reports, replies, responses and papers in support of positions taken by the Committee; l. appear, as appropriate, before this Court, the appellate courts, and the United States Trustee, and protect the interests of the Committee before those courts and before the United States Trustee; and m. perform all other necessary legal services in these cases. Heller Draper will be paid at these hourly rates: Members $350 to $400 Associates $225 to $350 Paralegals $120 Heller Draper will also be reimbursed for reasonable out-of-pocket expenses incurred. Cherie D. Nobles, a partner at Heller Draper, assured the Court that the firm is a "disinterested person" as the term is defined in Section 101(14) of the Bankruptcy Code and (a) is not creditors, equity security holders or insiders of the Debtors; (b) has not been, within two years before the date of the filing of the Debtors' chapter 11 petition, directors, officers or employees of the Debtors; and (c) does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity security holders, by reason of any direct or indirect relationship to, connection with, or interest in, the Debtors, or for any other reason. Heller Draper can be reached at: HELLER DRAPER PATRICK HORN & MANTHEY, L.L.C. 650 Poydras Street, Suite 2500 New Orleans, LA 70130 Tel: (504) 299-3300 E-mail: ddraper@hellerdraper.com About TNR Holdings TNR Holdings, LLC and its subsidiaries are privately held oil and gas exploration and production companies. TNR Holdings, LLC (Bankr. E.D. La. Case No. 19-12531) is the parent company and sole member of Mesa Gulf Coast, LLC (Case No. 19-12533) and Tchefuncte Natural Resources, LLC (Case No. 19-12532). Tchefuncte is the lessee of certain oil and gas fields located in South Louisiana, and the owner of the oil and gas wells. Mesa is the "Operator" of record for the applicable wells in the fields. Certain wells in a certain field called the Valentine Field, however, are not operating at maximum capacity and need repairs to optimize oil and gas production. On Sept. 20, 2019, the Debtors each filed a Chapter 11 petition with the U.S. Bankruptcy Court for the Eastern District of Louisiana (New Orleans) in an effort to repair and sell the Valentine Field in order to pay down the debt owed to Hancock Whitney Bank. As of the Petition Date, the Debtors owe Hancock Whitney Bank more than $5,158,508. In the petitions signed by John Leonard, CEO, TNR Holdings LLC listed total assets at $620 and total liabilities at $6,340,276; Tchefuncte Natural Resources, LLC recorded total assets at $2,142,249 and total liabilities at $5,445,742; and Mesa Gulf Coast, LLC reported total asset at $856,101 and total liabilities at $8,192,663. Judge Meredith S. Grabill is assigned the Debtors' cases. THE DERBES LAW FIRM, LLC, is counsel to the Debtors. On Oct. 17, 2019, the United States Trustee for the Eastern District of Louisiana (the "UST") notified the Court that it had appointed the Committee in the Mesa case only. The Committee hires Heller Draper Patrick Horn & Manthey, L.L.C., as counsel. TRI-STATE ENTERPRISES: Wants Exclusivity Period Extended to Dec. 13 ------------------------------------------------------------------- Tri-State Enterprises LLC is seeking more time to control its bankruptcy as it works to restructure its debt to Potts Camp Bank, the company's major secured creditor. In its motion, the company asked the U.S. Bankruptcy Court for the Northern District of Mississippi to extend the exclusivity period to file its Chapter plan to Dec. 13, with a concomitant extension of time to obtain confirmation of the plan. Craig Geno, Esq., Tri-State's attorney, said the filing of a plan "would be entirely premature" until the company and the bank agree to restructure the secured debt. "The filing of a disclosure statement and plan of reorganization that attempted to restructure the bank debt without having a definitive agreement could, arguably, be prejudicial with respect to the ongoing negotiations," Mr. Geno said. About Tri-State Enterprises Tri-State Enterprises, LLC, sought protection under Chapter 11 of the Bankruptcy Code (Bankr. N.D. Miss. Case No. 19-10292) on Jan. 22, 2019. At the time of the filing, the Debtor estimated assets of less than $1 million and liabilities of less than $500,000. The case is assigned to Judge Jason D. Woodard. The Debtor hired the Law Offices of Craig M. Geno, PLLC, as its legal counsel. TRIDENT CRATING: Plan Filing Deadline Extended to Dec. 21 --------------------------------------------------------- Trident Crating & Services filed a motion for an extension of time to file a chapter 11 plan of reorganization and disclosure statement. Judge Jeffrey P. Norman from the U.S. Bankruptcy Court for the Southern District of Texas on Nov. 5, 2019, ordered that the Debtor will have until Dec. 21, 2019, to file a Chapter 11 plan of reorganization and disclosure statement. About Trident Crating & Services Trident Crating & Services, Inc., is a manufacturer of wood containers and pallets. Established in 1982, Trident Crating specializes in export preparation of non-perishable items. It offers third-party logistics, distribution and warehousing, skidding hood boxing, military packing, vacuum packing, container loading, flat rack loading, securing and shipping of any size project. Trident Crating & Services sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Tex. Case No. 19-30907) on Feb. 19, 2019. At the time of the filing, the Debtor disclosed $166,300 in assets and $1,649,760 in liabilities. The case is assigned to Judge Jeffrey P. Norman. The Debtor hired the Law Office of Margaret M. McClure as its legal counsel. URBAN PHILANTHROPIES: Hires Agentis PLLC as Bankruptcy Counsel -------------------------------------------------------------- Urban Philanthropies, Inc., seeks authority from the U.S. Bankruptcy Court for the Southern District of Florida to employ Agentis PLLC as bankruptcy counsel to the Debtor. Urban Philanthropies requires Agentis PLLC to: a. advise the Debtor with respect to its powers and duties as a debtor in possession and the continued management of its business operations; b. advise the Debtor with respect to its responsibilities in complying with the U.S. Trustee's Operating Guidelines and Reporting Requirements and with the rules of the Court; c. prepare motions, pleadings, orders, applications, adversary proceedings, and other legal documents necessary in the administration of the case; d. protect the interests of the Debtor and the Estate in all matters pending before the Court; and e. represent the Debtor in negotiations with its creditors in the preparation of a plan. Agentis PLLC will be paid at these hourly rates: Attorneys $290 to $610 Paralegals $125 to $220 Agentis PLLC will be paid a retainer in the amount of $50,000. Agentis PLLC will also be reimbursed for reasonable out-of-pocket expenses incurred. Robert Paul Charbonneau, shareholder of Agentis PLLC, 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. Agentis PLLC can be reached at: Robert Paul Charbonneau, Esq. AGENTIS PLLC 55 Alhambra Plaza, Suite 800 Coral Gables, FL 33134 Tel: (305) 722-2002 About Urban Philanthropies Urban Philanthropies, Inc., based in Pompano Beach, FL, filed a Chapter 11 petition (Bankr. S.D. Fla. Case No. 19-24113) on October 21, 2019. The Hon. Scott M. Grossman presides over the case. Robert Paul Charbonneau, Esq., at Agentis PLLC, serves as bankruptcy counsel. Fuerst Ittleman David & Joseph, as special appellate counsel. In its petition, the Debtor estimated $1 million to $10 million in both assets and liabilities. The petition was signed by Philip Bacon, president. URBAN PHILANTHROPIES: Hires Fuerst Ittleman as Special Counsel -------------------------------------------------------------- Urban Philanthropies, Inc., seeks authority from the U.S. Bankruptcy Court for the Southern District of Florida to employ Fuerst Ittleman David & Joseph, as special appellate counsel to the Debtor. Prior to the Petition Date, a Final Judgment (the "Judgment") was entered against the Debtor in favor of the Knight Foundation, in the case styled John S. and James L. Knight Foundation, Inc. v. Urban Philanthropies, Inc., et al, Case No. 15-27945 CA 44 (the "State Court Litigation"), pending in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida (the "State Court"). The State Court Litigation is on appeal before the 3rd District Court of Appeal. The Debtor seeks to employ Fuerst Ittleman as its special appellate counsel to represent and provide legal services in connection with the pending appeal in the 3rd District Court of Appeal. Fuerst Ittleman will be paid a flat rate of $55,000 for the appeal. Christopher David, partner of Fuerst Ittleman David & Joseph, 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. Fuerst Ittleman can be reached at: Christopher David, Esq. Fuerst Ittleman David & Joseph One SE 3rd Ave Suite 1800 Miami, FL 33131 Tel: (305) 350-5690 About Urban Philanthropies Urban Philanthropies, Inc., based in Pompano Beach, FL, filed a Chapter 11 petition (Bankr. S.D. Fla. Case No. 19-24113) on Oct. 21, 2019. In the petition signed by Philip Bacon, president, the Debtor was estimated to have $1 million to $10 million in both assets and liabilities. The Hon. Scott M. Grossman oversees the case. Robert Paul Charbonneau, Esq., at Agentis PLLC, serves as bankruptcy counsel. Fuerst Ittleman David & Joseph, is special appellate counsel. VEA INVESTMENTS: Hires G World Properties as Realtor ---------------------------------------------------- VEA Investments LLC seeks authority from the U.S. Bankruptcy Court for the Middle District of Florida to employ G World Properties, as realtor to the Debtor. VEA Investments requires G World Properties to market and sell the Debtor's real property. G World Properties will be paid a commission of 1% of the purchase price. Jennifer Angulo, a partner at G World Properties, 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. G World Properties can be reached at: Jennifer Angulo G WORLD PROPERTIES 7682 Dr. Philips Blvd., Suite B Orlando, FL 32819 Tel: (407) 297-8500 About VEA Investments LLC VEA Investments LLC owns seven properties in Orlando, Florida, having a total current value of $1.67 million. VEA Investments LLC filed a petition for relief under Chapter 11 of Title 11 of the United States Code (Bankr. M.D. Fla. Case No. 19-04148) on June 25, 2019. In the petition signed by Viviana M. Tejada Cruz, managing member, the Debtor disclosed $1,677,350 in assets and $1,602,591 in liabilities. Jeffrey Ainsworth, Esq. at Bransonlaw, PLLC, is the Debtor's counsel. VIA AIRLINES: ADI Suit Stayed Pending Bankruptcy ------------------------------------------------ In the case, Aerodynamics Incorporated v. Caesars Entertainment Operating Company, Case No. 2:15-cv-01344-JAD-BNW (D. Nev.), defendant Via Airlines, Inc. filed a notice informing the Nevada court of its Chapter 11 bankruptcy petition that was filed on October 8, 2019, thereby staying this case as to Via Airlines under 11 U.S.C. Sec. 362. The parties in the litigation must file a status report regarding the bankruptcy proceedings by April 8, 2020, and every six months thereafter, until the stay is lifted. A 2015 report by Orlando Sentinel says ADI alleges that a former employee of a company related to Caesars, Steven Markoff, illegally obtained information about ADI's operations, then quit his Vegas job and switched over to Via Air. Via won the contract with Caesars in the summer of that year. According to the report, ADI alleges Markoff was investigating new options for Caesars to fly customers to its many locations. ADI was bidding to provide the services, and Markoff sought financial information from ADI. ADI claims Markoff arranged for an Orlando woman, Marina Morgan, to pose as an independent auditor visiting ADI’s facilities to review their financials. But Morgan was actually the chief financial officer for Via. Morgan has denied sharing the information with Via, even though she was Via's employee at the time. The report says Via has lodged its own complaint against ADI, in an official proceeding before the Federal Aviation Administration, alleging that ADI defaulted on financial obligations that could cause trouble for ADI's FAA permit approvals. A copy of the decision dated Nov. 13 is available from Leagle.com at https://is.gd/c1GfxL About Via Airlines Via Airlines, Inc., is a United States domestic regional airline offering scheduled service across the United States. Via Airlines sought Chapter 11 protection (Bankr. M.D. Fla. Case No. 19-06589) on Oct. 8, 2019. The Debtor was estimated to have $10 million to $50 million in assets and liabilities as of the bankruptcy filing. Latham, Luna, Eden & Beaudine, LLP, is the Debtor's counsel. WESTWIND MANOR: Exclusivity Period Extended to Jan. 28 ------------------------------------------------------ Judge David Jones of the U.S. Bankruptcy Court for the Southern District of Texas extended the period during which only Westwind Manor Resort Association, Inc. and its affiliates can file a Chapter 11 plan to Jan. 28, 2020, and the period to solicit acceptances for the plan to March 28, 2020. The extension will provide the companies with the opportunity to resolve open case issues, evaluate certain administrative and priority claims, and prepare and solicit acceptances for their plan without the distraction of competing plans. About Westwind Manor Resort Association Westwind Manor Resort Association, Inc., and its subsidiaries operate two distinct business segments. Warrior Custom Golf focuses on the manufacture and sale of custom golf clubs. Warrior Acquisitions manages affiliates, like Warrior Golf, LLC, which own and manage golf courses. Warrior Custom Golf was founded in 1998 by Brendan Flaherty. It develops, manufactures, markets and sells affordable custom golf clubs and related equipment worldwide. Warrior Custom Golf's products are custom built to the specifications of each customer. Warrior Acquisitions is the manager of six entities that own and operate 18 golf courses and parcels of land located throughout the United States. Both segments of the business are headquartered in Irvine, Calif. Westwind Manor Resort Association and its affiliates sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Texas Lead Case No. 19-50026) on March 4, 2019. The Debtors estimated both assets and debt between $1 million and $10 million. The cases have been assigned to Judge David R. Jones. The Debtors tapped Cole Schotz P.C. as bankruptcy counsel; Sidley Austin LLP, as special counsel; ForceTen Partners LLC as financial advisor; and Donlin, Recano & Company, Inc. as claims and noticing agent. Henry Hobbs Jr., the acting U.S. trustee for Region 7, appointed an official committee of unsecured creditors on March 19, 2019. The committee is represented by Cozen O'Connor. WILLIAMSON MEMORIAL: Hires Barth & Thompson, Leaberry as Counsel ---------------------------------------------------------------- Williamson Memorial Hospital, LLC, seeks authority from the U.S. Bankruptcy Court for the Southern District of West Virginia to employ Barth & Thompson, and Leaberry Law Firm PLLC, as counsels to the Debtor. Williamson Memorial requires the Firms to: a. prepare the petition and schedules and statement of financial affairs; b. file all necessary applications, motions and other pleadings regarding matters to be submitted to the Court; c. advise management of the Debtor regarding the rights, power and duties of the Debtor; d. assist management in providing a Plan of Reorganization; and e. supervise the liquidation of the Debtor's property at auction. The Firms will be paid at the hourly rate of $350. The Firms will be paid a retainer in the amount of $50,000. The Firms will also be reimbursed for reasonable out-of-pocket expenses incurred. To the best of the Debtor's knowledge the firms are 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. The Firms can be reached at: Stephen L. Thompson, Esq. BARTH & THOMPSON P.O. Box 129 Charleston, WV 25321 Tel: (304) 342-7111 Fax: (304) 342-6215 - and - John F. Leaberry, Esq. LAW OFFICE OF JOHN LEABERRY 167 Patrick Street Lewisburg, WV 24901 Tel: (304) 645-2025 E-mail: leaberryjohn@gmail.com About Williamson Memorial Hospital Williamson Memorial Hospital, LLC, provides general medical and surgical hospital services. Williamson Memorial Hospital sought protection under Chapter 11 of the Bankruptcy Code (Bankr. S.D. W.Va. Case No. 19-20469) on Oct. 21, 2019. At the time of the filing, the Debtor was estimated to have assets of between $1 million and $10 million and liabilities of the same range. The case is assigned to Judge Frank W. Volk. The Debtor is represented by John F. Leaberry, Esq., at the Law Office of John Leaberry. WINDSTREAM HOLDINGS: Milbank 3rd Update on 2nd Lien Noteholders --------------------------------------------------------------- In the Chapter 11 cases of Windstream Holdings, Inc. et al., the law firm Milbank LLP filed a third amended report pursuant to Rule 2019 of the Federal Rules of Bankruptcy Procedure to provide an updated list of members, and holdings of, the Ad Hoc Committee of Second Lien Noteholders that it is representing. Members of the Ad Hoc Committee are beneficial holders and/or investment managers or advisors to certain beneficial holders of, among other disclosable economic interests, the 10.50% Senior Second Lien Notes due 2024 and 9.00% Senior Second Lien Notes due 2025 issued by Debtors Windstream Services, LLC and Windstream Finance Corp. In February 2019, the Ad Hoc Committee retained Milbank as counsel with respect to the Second Lien Notes. From time to time thereafter, certain holders of Second Lien Notes have joined or resigned from the Ad Hoc Committee. Milbank represents the Ad Hoc Committee and does not represent or purport to represent any entities other than the Ad Hoc Committee in connection with the Debtors' chapter 11 cases. In addition, neither the Ad Hoc Committee nor any member of the Ad Hoc Committee represents or purports to represent any other entities in connection with the Debtors' chapter 11 cases. As of Nov. 13, 2019, the Ad Hoc Committee and their disclosable economic interests are: (1) Brigade Capital Management, LP 399 Park Avenue, 16th Floor New York, NY 10022 * DIP Obligations: $9,500,000.00 * First Lien Term Loans: $110,442,512.03 * First Lien Notes: $50,000.00 * Second Lien Notes: $86,146,000.00 * Windstream Holdings, Inc. Common Stock: 88,583 shares (2) Contrarian Capital Management LLC 411 West Putnam Avenue, Suite425 Greenwich, CT 06830 * First Lien Notes: $13,285,000.00 * Second Lien Notes: $75,512,000.00 (3) Deutsche Bank AG New York Branch c/o Deutsche Bank Securities Inc. 60 Wall Street, 3rd Floor New York, NY 10005 * Revolving Credit Facility Obligations: $45,873,870.27 (4) Deutsche Bank Securities Inc. 60 Wall Street, 3rd Floor New York, NY 10005 * Second Lien Notes: $30,260,000.00 (5) Deutsche Bank AG Cayman Islands Branch c/o Deutsche Bank Securities Inc. 60 Wall Street, 3rd Floor New York, NY 10005 * Revolving Credit Facility Obligations: $3,911,284.60 (6) Elliott Management Corp. 40 West57th Street New York, NY 10019 * First Lien Term Loans: $61,758,857.23 * First Lien Notes: $87,792,000.00 * Second Lien Notes: $453,560,000.00 * Unsecured Notes: $443,921,000.00 (7) HSBC HSBC Tower 452 5th Avenue New York, NY 10018 * First Lien Term Loans: $28,016,875.00 * Second Lien Notes: $35,798,000.00 (8) J.P. Morgan Asset Management – Indianapolis High Yield Team 1 East Ohio Street Floor 14 Indianapolis, IN 46204 * First Lien Term Loans: $16,377,000.00 * First Lien Notes: $40,401,000.00 * Second Lien Notes: $168,019,000.00 (9) Loomis, Sayles & Company L.P. One Financial Center Boston, MA 02111-2621 * First Lien Term Loans: $5,692,561.93 * First Lien Notes: $95,673,000.00 * Second Lien Notes: $127,551,000.00 (10) Searchlight CapitalPartners, LP 745 Fifth Avenue, 27th Floor New York, NY 10151 * Second Lien Notes: $119,500,000.00 * Unsecured Notes: $100,000,000.00 (11) Western Asset Management Company, LLC 385 East Colorado, Boulevard Pasadena, CA 91101 * First Lien Term Loans: $1,488,608.00 * Second Lien Notes: $23,184,000.00 Counsel for the Ad Hoc Committee of Second Lien Noteholders can be reached at: MILBANK LLP Dennis F. Dunne, Esq. Andrew M. Leblanc, Esq. Samuel A. Khalil, Esq. 55 Hudson Yards New York, NY 10001 Telephone: (212) 530-5000 Facsimile: (212) 530-5219 A copy of the Rule 2019 filing, downloaded from PacerMonitor.com, is available at https://is.gd/Y2pRyY About Windstream Holdings Windstream Holdings, Inc., and its subsidiaries provide advanced network communications and technology solutions for businesses across the United States. They also offer broadband, entertainment and security solutions to consumers and small businesses primarily in rural areas in 18 states. Windstream Holding Inc. and its subsidiaries filed for bankruptcy protection (Bankr. S.D.N.Y. Lead Case No. 19-22312) on Feb. 25, 2019. The Debtors had total assets of $13,126,435,000 and total debt of $11,199,070,000 as of Jan. 31, 2019. The Debtors tapped Kirkland & Ellis LLP and Kirkland & Ellis International LLP as counsel; PJT Partners LP as financial advisor and investment banker; Alvarez & Marsal North America LLC as restructuring advisor; and Kurtzman Carson Consultants as notice and claims agent. The U.S. Trustee for Region 2 appointed an official committee of unsecured creditors on March 12, 2019. The committee tapped Morrison & Foerster LLP as its legal counsel, AlixPartners, LLP as its financial advisor, and Perella Weinberg Partners LP as investment banker. WMC MORTGAGE: Liquidating Plan Confirmed by Judge ------------------------------------------------- Debtor WMC Mortgage, LLC, filed with the U.S. Bankruptcy Court for the District of Delaware a First Amended Chapter 11 Plan of Liquidation. On Nov. 5, 2019, Judge Christopher S. Sontchi confirmed and approved the Plan and ordered that: * Each of the Sponsor Settlement and the TMI Settlement satisfies the requirements of Bankruptcy Rule 9019 and is approved. The compromises and settlements set forth in the Plan, as reflected in the relative distributions to and recoveries of holders of Claims under the Plan, are approved pursuant to Bankruptcy Rule 9019(a), including with respect to each of the Sponsor Settlement and the TMI Settlement, and shall be effective immediately and binding on all parties in interest on the Effective Date. * The documents contained in the Plan Supplement are integral to the Plan and are approved by the Court, and each of the Debtor, the Post-Effective Date Debtor, the Post-Effective Date Officer, the Independent Director, the Liquidating Trust, the Liquidating Trustee, the Service Provider, and the Mortgage Reconciliation Work Escrow Agent are authorized to take all actions required under the Plan and the Plan Supplement to effectuate the Plan and the transactions contemplated therein. * On the Effective Date, all existing Equity Interests in the Debtor shall be cancelled and the Post-Effective Date Officer shall be deemed to hold one limited liability company interest in the Post-Effective Date Debtor solely for the benefit of holders of Allowed Claims. * The Debtor and the Post Effective Date Debtor are hereby authorized to enter into, the Exit Financing Documents and take such actions as are necessary or desirable to perform under the Exit Financing. A copy of the Plan Confirmation Order is available at https://tinyurl.com/rluhb75 from PacerMonitor.com free of charge. About WMC Mortgage WMC Mortgage, LLC, directly and through various predecessors, was in the business of originating residential mortgage loans for more than 60 years. The collapse of the housing and financial markets presaging the Great Recession decimated WMC's loan origination business. By the second quarter of 2007, WMC had essentially stopped originating new loans and focused on winding down its operations and resolving substantial liabilities associated with its mortgage business. Over the past decade, WMC has been able to settle the gravamen of the litigation commenced against it, which primarily consisted of contract actions for breaches of representations and warranties WMC made in mortgage loan sale agreements relative to the attributes of the loans sold. WMC sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Case No. 19-10879) on April 23, 2019. At the time of the filing, WMC estimated assets of between $1 million and $10 million and liabilities of between $100 million and $500 million. The case has been assigned to Judge Christopher S. Sontchi. WMC tapped Richards, Layton & Finger, P.A., as its bankruptcy counsel; Jenner & Block LLP as special litigation counsel; Alvarez & Marsal Disputes and Investigations, LLC, as financial advisor; and Epiq Corporate Restructuring, LLC as claims and noticing agent. WPB HOSPITALITY: Seeks to Hire Podoll & Podoll as Special Counsel ----------------------------------------------------------------- WPB Hospitality, LLC, seeks approval from the U.S. Bankruptcy Court for the District of Colorado to hire Podoll & Podoll, P.C. The firm will represent the Debtor as special counsel in a construction litigation against Kumar Construction Management, Inc. (Case No. 2018CV32991)and in a lender liability lawsuit that is yet to be filed. The hourly rates charged by the firm are: Richard Podoll $450 Robert Podoll $450 Robert Kitsmiller $450 Michael Melito $450 Jacqueline Hill $400 Associate Attorney $350 Law Clerk $175 Paralegal $100 Richard Podoll, Esq., a partner at Podoll & Podoll, attests that the firm is disinterested pursuant to Section 101(14) of the Bankruptcy Code. The firm can be reached through: Richard Podoll, Esq. Podoll & Podoll, P.C. 5619 DTC Parkway Ste. 1100 Greenwood Village, CO 80111 Phone: 303-861-4000 Fax: 303-861-4004 Email: rich@podoll.net About WPB Hospitality WPB Hospitality, LLC is a single asset real estate company (as defined in 11 U.S.C. Section 101(51B)) whose principal assets are located at 16161 E. 40th Ave., Denver, Colorado. WPB Hospitality sought protection under Chapter 11 of the Bankruptcy Code (Bankr. D. Colo. Case No. 18-18636) on Oct. 3, 2018. In the petition signed by Wanda Bertoia, owner, the Debtor estimated assets of less than $50,000 and liabilities of $10 million to $50 million. Judge Elizabeth E. Brown oversees the case. The Debtor tapped Lindquist-Kleissler & Company, LLC as its legal counsel and CBRE, Inc. as broker. ZENERGY BRANDS: Committee Seeks to Hire Kane Russell as Counsel --------------------------------------------------------------- The official committee of unsecured creditors of Zenergy Brands, Inc. seeks approval from the U.S. Bankruptcy Court for the Eastern District of Texas to hire Kane Russell Coleman Logan PC as its legal counsel. The firm will provide services to the committee in connection with the Chapter 11 cases filed by Zenergy and its affiliates, which include legal advice regarding its powers and duties under the Bankruptcy Code; investigation of the Debtors' assets and liabilities; and the preparation of a reorganization plan. The firm's hourly rates are: Joseph Coleman $615 S. Kyle Woodard $300 Directors $350 – $600 Associates $260 – $385 Paralegals $125 – $225 Joseph Coleman, chairman of the Executive Committee at Kane Russell, disclosed in court filings that he and other members of the firm are "disinterested" within the meaning of Section 101(14) of the Bankruptcy Code. Kane Russell can be reached through: Joseph M. Coleman, Esq. Russell Coleman Logan PC Bank of America Plaza 901 Main Street, Suite 5200 Dallas, TX 75202 Direct: 214-777-4280 Main: 214-777-4200 Fax: 214-777-4299 Email: jcoleman@krcl.com About Zenergy Brands Zenergy Brands, Inc. -- https://whatiszenergy.com/ -- is a next-generation energy and technology company engaged in selling energy-conservation products and services to commercial, industrial and municipal customers. It is a business-to-business company whose platform is a combined offering of energy services and smart controls. Zenergy Brands is a public company, fully reporting to the Securities and Exchange Commission and currently trading on the OTCQB. Zenergy Brands and its affiliates sought protection under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Tex. Lead Case No. 19-42886) on Oct. 24, 2019. As of June 30, 2019, Zenergy Brands had total assets of $1,944,089 and liabilities of $8,369,818. The cases have been assigned to Judge Brenda T. Rhoades. The Debtors tapped Foley & Lardner LLP as their legal counsel, and Stretto as their claims, noticing and solicitation agent. The Office of the U.S. Trustee appointed creditors to serve on the official committee of unsecured creditors in the Debtors' cases on Nov. 4, 2019. [^] BOND PRICING: For the Week from November 18 to 22, 2019 ----------------------------------------------------------- Company Ticker Coupon Bid Price Maturity ------- ------ ------ --------- -------- 24 Hour Fitness Worldwide Inc HRFITW 8.000 48.282 6/1/2022 24 Hour Fitness Worldwide Inc HRFITW 8.000 48.282 6/1/2022 Acosta Inc ACOSTA 7.750 0.634 10/1/2022 Acosta Inc ACOSTA 7.750 0.912 10/1/2022 Alta Mesa Holdings LP / Alta Mesa Finance Services Corp ALTMES 7.875 11.500 12/15/2024 Approach Resources Inc AREX 7.000 23.824 6/15/2021 BPZ Resources Inc BPZR 6.500 3.017 3/1/2049 Bon-Ton Department Stores Inc/The BONT 8.000 10.500 6/15/2021 Bristow Group Inc BRS 6.250 7.040 10/15/2022 Bristow Group Inc BRS 4.500 9.847 6/1/2023 Buffalo Thunder Development Authority BUFLO 11.000 50.750 12/9/2022 California Resources Corp CRC 8.000 23.723 12/15/2022 California Resources Corp CRC 5.000 83.084 1/15/2020 California Resources Corp CRC 5.500 25.004 9/15/2021 California Resources Corp CRC 6.000 16.857 11/15/2024 California Resources Corp CRC 8.000 24.284 12/15/2022 California Resources Corp CRC 6.000 17.573 11/15/2024 Cenveo Corp CVO 8.500 1.346 9/15/2022 Cenveo Corp CVO 6.000 0.894 5/15/2024 Cenveo Corp CVO 8.500 1.346 9/15/2022 Chaparral Energy Inc CHAP 8.750 40.341 7/15/2023 Chaparral Energy Inc CHAP 8.750 41.075 7/15/2023 Chukchansi Economic Development Authority CHUKCH 9.750 49.439 5/30/2020 Chukchansi Economic Development Authority CHUKCH 10.250 49.500 5/30/2020 Cloud Peak Energy Resources LLC / Cloud Peak Energy Finance Corp CLD 12.000 21.000 11/1/2021 Cloud Peak Energy Resources LLC / Cloud Peak Energy Finance Corp CLD 6.375 1.000 3/15/2024 DFC Finance Corp DLLR 10.500 67.125 6/15/2020 DFC Finance Corp DLLR 10.500 67.125 6/15/2020 Dean Foods Co DF 6.500 18.817 3/15/2023 Dean Foods Co DF 6.500 18.536 3/15/2023 EP Energy LLC / Everest Acquisition Finance Inc EPENEG 9.375 1.750 5/1/2024 EP Energy LLC / Everest Acquisition Finance Inc EPENEG 8.000 1.750 2/15/2025 EP Energy LLC / Everest Acquisition Finance Inc EPENEG 9.375 2.750 5/1/2024 EP Energy LLC / Everest Acquisition Finance Inc EPENEG 8.000 1.264 2/15/2025 Energy Conversion Devices Inc ENER 3.000 7.875 6/15/2013 Exela Intermediate LLC / Exela Finance Inc EXLINT 10.000 36.485 7/15/2023 Exela Intermediate LLC / Exela Finance Inc EXLINT 10.000 34.751 7/15/2023 Federal Farm Credit Banks Funding Corp FFCB 2.350 99.891 2/20/2025 Federal Farm Credit Banks Funding Corp FFCB 2.050 99.674 6/8/2022 Federal Farm Credit Banks Funding Corp FFCB 2.100 99.586 7/25/2022 Federal Farm Credit Banks Funding Corp FFCB 2.000 99.611 12/6/2021 Federal Farm Credit Banks Funding Corp FFCB 2.080 99.581 8/17/2022 Federal Farm Credit Banks Funding Corp FFCB 2.050 99.315 4/27/2022 Federal Home Loan Mortgage Corp FHLMC 2.100 99.392 5/25/2022 Federal Home Loan Mortgage Corp FHLMC 2.200 99.452 5/25/2022 Federal Home Loan Mortgage Corp FHLMC 2.125 99.400 5/25/2022 Ferrellgas Partners LP / Ferrellgas Partners Finance Corp FGP 8.625 62.914 6/15/2020 Ferrellgas Partners LP / Ferrellgas Partners Finance Corp FGP 8.625 65.016 6/15/2020 Fleetwood Enterprises Inc FLTW 14.000 3.557 12/15/2011 Foresight Energy LLC / Foresight Energy Finance Corp FELP 11.500 9.178 4/1/2023 Foresight Energy LLC / Foresight Energy Finance Corp FELP 11.500 9.327 4/1/2023 Frontier Communications Corp FTR 8.500 50.756 4/15/2020 Frontier Communications Corp FTR 10.500 45.477 9/15/2022 Frontier Communications Corp FTR 7.125 44.372 1/15/2023 Frontier Communications Corp FTR 6.250 43.711 9/15/2021 Frontier Communications Corp FTR 8.750 45.315 4/15/2022 Frontier Communications Corp FTR 8.875 45.667 9/15/2020 Frontier Communications Corp FTR 10.500 45.625 9/15/2022 Frontier Communications Corp FTR 10.500 52.500 9/15/2022 Frontier Communications Corp FTR 9.250 42.963 7/1/2021 Global Eagle Entertainment Inc ENT 2.750 47.415 2/15/2035 Grizzly Energy LLC VNR 9.000 6.000 2/15/2024 Grizzly Energy LLC VNR 9.000 6.000 2/15/2024 High Ridge Brands Co HIRIDG 8.875 0.494 3/15/2025 High Ridge Brands Co HIRIDG 8.875 0.494 3/15/2025 Hornbeck Offshore Services Inc HOS 5.000 29.028 3/1/2021 Hornbeck Offshore Services Inc HOS 5.875 29.456 4/1/2020 K Hovnanian Enterprises Inc HOV 5.000 105.200 11/1/2021 Legacy Reserves LP / Legacy Reserves Finance Corp LGCY 6.625 2.788 12/1/2021 Legacy Reserves LP / Legacy Reserves Finance Corp LGCY 8.000 2.740 9/20/2023 Lehman Brothers Holdings Inc LEH 6.000 0.429 7/20/2029 MAI Holdings Inc MAIHLD 9.500 41.750 6/1/2023 MAI Holdings Inc MAIHLD 9.500 41.750 6/1/2023 MAI Holdings Inc MAIHLD 9.500 41.000 6/1/2023 MF Global Holdings Ltd MF 6.750 15.625 8/8/2016 MF Global Holdings Ltd MF 9.000 15.607 6/20/2038 Mashantucket Western Pequot Tribe MASHTU 7.350 16.000 7/1/2026 McDermott Technology Americas Inc / McDermott Technology US Inc MDR 10.625 8.130 5/1/2024 McDermott Technology Americas Inc / McDermott Technology US Inc MDR 10.625 8.178 5/1/2024 Murray Energy Corp MURREN 12.000 0.875 4/15/2024 Murray Energy Corp MURREN 12.000 1.050 4/15/2024 Murray Energy Corp MURREN 9.500 4.336 12/5/2020 Murray Energy Corp MURREN 9.500 4.336 12/5/2020 NVA Holdings Inc NATVET 6.875 108.744 4/1/2026 NVA Holdings Inc NATVET 6.875 108.660 4/1/2026 NWH Escrow Corp HARDWD 7.500 50.792 8/1/2021 NWH Escrow Corp HARDWD 7.500 50.792 8/1/2021 Neiman Marcus Group LTD LLC / Neiman Marcus Group LLC / Mariposa Borrower / NMG NMG 8.000 24.549 10/25/2024 Neiman Marcus Group LTD LLC / Neiman Marcus Group LLC / Mariposa Borrower / NMG NMG 8.750 25.934 10/25/2024 Neiman Marcus Group LTD LLC / Neiman Marcus Group LLC / Mariposa Borrower / NMG NMG 8.000 25.418 10/25/2024 Neiman Marcus Group LTD LLC / Neiman Marcus Group LLC / Mariposa Borrower / NMG NMG 8.750 26.667 10/25/2024 New Gulf Resources LLC/ NGR Finance Corp NGREFN 12.250 3.934 5/15/2019 Northwest Hardwoods Inc HARDWD 7.500 52.000 8/1/2021 Northwest Hardwoods Inc HARDWD 7.500 51.730 8/1/2021 Novavax Inc NVAX 3.750 37.441 2/1/2023 Optimas OE Solutions Holding LLC / Optimas OE Solutions Inc OPTOES 8.625 59.397 6/1/2021 Optimas OE Solutions Holding LLC / Optimas OE Solutions Inc OPTOES 8.625 59.423 6/1/2021 PHH Corp PHH 6.375 61.678 8/15/2021 Pernix Therapeutics Holdings Inc PTX 4.250 2.250 4/1/2021 Pernix Therapeutics Holdings Inc PTX 4.250 2.250 4/1/2021 Pinnacle Operating Corp PINNOP 9.000 45.780 5/15/2023 Pioneer Energy Services Corp PESX 6.125 36.538 3/15/2022 Powerwave Technologies Inc PWAV 3.875 0.152 10/1/2027 Powerwave Technologies Inc PWAV 3.875 0.152 10/1/2027 Powerwave Technologies Inc PWAV 1.875 0.152 11/15/2024 Pyxus International Inc PYX 9.875 57.803 7/15/2021 Pyxus International Inc PYX 9.875 58.042 7/15/2021 Pyxus International Inc PYX 9.875 58.042 7/15/2021 Renco Metals Inc RENCO 11.500 24.875 7/1/2003 Riverbed Technology Inc RVBD 8.875 46.519 3/1/2023 Riverbed Technology Inc RVBD 8.875 46.389 3/1/2023 Rolta LLC RLTAIN 10.750 8.139 5/16/2018 Sable Permian Resources Land LLC / AEPB Finance Corp AMEPER 7.125 17.000 11/1/2020 Sable Permian Resources Land LLC / AEPB Finance Corp AMEPER 7.375 14.750 11/1/2021 Sable Permian Resources Land LLC / AEPB Finance Corp AMEPER 7.125 16.906 11/1/2020 Sable Permian Resources Land LLC / AEPB Finance Corp AMEPER 7.375 16.476 11/1/2021 Sanchez Energy Corp SNEC 6.125 4.125 1/15/2023 Sanchez Energy Corp SNEC 7.750 4.625 6/15/2021 SandRidge Energy Inc SD 7.500 0.500 2/15/2023 Sears Holdings Corp SHLD 6.625 15.000 10/15/2018 Sears Holdings Corp SHLD 6.625 12.600 10/15/2018 Sears Roebuck Acceptance Corp SHLD 6.750 1.174 1/15/2028 Sears Roebuck Acceptance Corp SHLD 7.500 1.194 10/15/2027 Sears Roebuck Acceptance Corp SHLD 6.500 1.131 12/1/2028 Sears Roebuck Acceptance Corp SHLD 7.000 1.186 6/1/2032 Sempra Texas Holdings Corp TXU 5.550 13.500 11/15/2014 Stearns Holdings LLC STELND 9.375 44.901 8/15/2020 Stearns Holdings LLC STELND 9.375 44.901 8/15/2020 Tapstone Energy LLC / Tapstone Energy Finance Corp TAPENE 9.750 26.047 6/1/2022 Tapstone Energy LLC / Tapstone Energy Finance Corp TAPENE 9.750 26.047 6/1/2022 Teligent Inc/NJ TLGT 3.750 94.507 12/15/2019 TerraVia Holdings Inc TVIA 5.000 4.644 10/1/2019 TerraVia Holdings Inc TVIA 6.000 4.644 2/1/2018 Tesla Energy Operations Inc/DE TSLAEN 3.600 90.072 3/19/2020 Transworld Systems Inc TSIACQ 9.500 25.922 8/15/2021 Transworld Systems Inc TSIACQ 9.500 25.922 8/15/2021 UCI International LLC UCII 8.625 4.780 2/15/2019 Ultra Resources Inc UPL 7.125 8.746 4/15/2025 Ultra Resources Inc UPL 6.875 12.005 4/15/2022 Ultra Resources Inc UPL 6.875 11.654 4/15/2022 Ultra Resources Inc UPL 7.125 9.694 4/15/2025 Unit Corp UNTUS 6.625 49.505 5/15/2021 VIVUS Inc VVUS 4.500 82.660 5/1/2020 Vine Oil & Gas LP / Vine Oil & Gas Finance Corp VRI 9.750 41.201 4/15/2023 Vine Oil & Gas LP / Vine Oil & Gas Finance Corp VRI 8.750 40.752 4/15/2023 Vine Oil & Gas LP / Vine Oil & Gas Finance Corp VRI 9.750 40.347 4/15/2023 Vine Oil & Gas LP / Vine Oil & Gas Finance Corp VRI 8.750 39.434 4/15/2023 Weatherford International LLC WFT 9.875 35.500 3/1/2025 Weatherford International LLC WFT 9.875 29.960 3/1/2025 Weatherford International LLC WFT 9.875 29.960 3/1/2025 Windstream Services LLC / Windstream Finance Corp WIN 10.500 39.500 6/30/2024 Windstream Services LLC / Windstream Finance Corp WIN 7.500 17.750 6/1/2022 Windstream Services LLC / Windstream Finance Corp WIN 6.375 19.250 8/1/2023 Windstream Services LLC / Windstream Finance Corp WIN 8.750 14.250 12/15/2024 Windstream Services LLC / Windstream Finance Corp WIN 10.500 52.750 6/30/2024 Windstream Services LLC / Windstream Finance Corp WIN 6.375 17.657 8/1/2023 Windstream Services LLC / Windstream Finance Corp WIN 8.750 13.996 12/15/2024 Windstream Services LLC / Windstream Finance Corp WIN 7.750 14.988 10/15/2020 Windstream Services LLC / Windstream Finance Corp WIN 7.750 13.118 10/1/2021 rue21 inc RUE 9.000 1.414 10/15/2021 ********* 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 2019. 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 ***