/raid1/www/Hosts/bankrupt/TCR_Public/221129.mbx
T R O U B L E D C O M P A N Y R E P O R T E R
Tuesday, November 29, 2022, Vol. 26, No. 332
Headlines
232 SMITH STREET: Seeks to Hire0 Rachel S. Blumenfeld as Counsel
ACORN REAL: Seeks Approval to Hire Bankruptcy Lawyer
ADINA 74 REALTY: Seeks to Hire Kirby Aisner as Bankruptcy Counsel
ASHLEY CAMPBELL: Unsecureds Will Get 100% in Subchapter V Plan
B&G PROPERTY: Exclusivity Period Extended to Jan. 27
BASIC WATER: Seeks to Hire Stretto as Claims and Noticing Agent
BITTER CREEK WATER: Commences Subchapter V Bankruptcy Case
BLACK DIAMOND: Seeks to Hire Probus Law Firm as Counsel
BLITMAN SARATOGA: Sells Saratoga Springs Home to Guiffres for $538K
BLOCKFI INC: Files Stand-Alone Plan but Open to Alternative Offers
BLOCKFI INC: Seeks Ch. 11 Bankruptcy in the Wake of FTX Downfall
BOTEILHO HAWAII: Commences Subchapter V Bankruptcy Case
BURLEY FOODS: Gets OK to Hire Hayes Law as Bankruptcy Counsel
C & M ELECTRICAL: Auction of Substantially All Assets on December 1
CAPITAL TRUCK: Seeks Approval to Hire James Hartman as Accountant
CELSIUS NETWORK: Customer Claims Bar Date Set for Jan. 3
CELSIUS NETWORK: Examiner Taps Godfrey & Kahn as Legal Counsel
CHARLES DEWEESE: Taps Ritchie Bros., IronPlanet as Auctioneers
CHRIS PETTIT: Trustee Taps Luttrell & Carmody as Special Counsel
COLLEEN E. CARTER-NEBLETT: Nov. 29 Brooklyn Property Sale Hearing
COMPUTE NORTH: $5M Sale of CN Pledgor Interests in CN Borrower OK'd
CRANE MAN: Seeks Approval to Hire a Certified Public Accountant
DAVID A. GOLUPSKI: $425K Sale of Fort Myers Property Terminated
DIFFUSION PHARMACEUTICALS: Incurs $2.8M Net Loss in Third Quarter
DIFFUSION PHARMACEUTICALS: Sees Notable Progress in Review Process
DIMPLES DENTAL: Seeks to Hire Comprehensive Business as Accountant
DIOCESE OF ROCKVILLE: Gets Court Nod to File Sale Motion Under Seal
DYNOTEC INDUSTRIES: November 29 Hearing on Sale of Operating Assets
EASCO BOILER: Creditors to Get Proceeds From Liquidation
EMMANUEL HEALTH: Seeks to Hire John Coggin as Accountant
ERIKA BLOOM: Seeks to Hire Narissa A. Joseph as Legal Counsel
EXWORKS CAPITAL: Gets OK to Hire R M Brlas CPA as Expert Witness
FAST RADIUS: Bid Deadline Set for Dec. 5
FAST RADIUS: Gets OK to Hire Stretto as Claims & Noticing Agent
FLAVORWORKS INC: Commences Subchapter V Bankruptcy Case
FLOWER ONE: BC Supreme Court Grants Meeting Order Under CCAA
FRONT SIGHT: Bankruptcy Court Confirms Ch.11 Reorganization Plan
FTX TRADING: Bankruptcy Court Approves First Day Motions
HEALTHE INC: Trustee Selling De Minimis Assets to West for $10K
HELIX FITNESS: Seeks Approval to Hire Murphy & King as Counsel
HERO NUTRITIONALS: Taps Circustown, Whipstitch as Brokers
JOHN V. GALLY: Proposed Sale of 2 Winslow Real Properties Approved
LAFORTA - GESTAO: Exclusivity Period Extended to Dec. 13
LEADING LIFE SENIOR: Commences Chapter 11 Bankruptcy
LTL MANAGEMENT: Exclusivity Period Extended to Dec. 21
LUCIEN H. MARIONEAUX JR: Trustee Pushes Danny Auction of MAG Assets
MBMK PROPERTY: Commences Subchapter V Bankruptcy Case
METRO SERVICE: Committee Seeks to Hire Steffes Firm as Counsel
MIDWEST M & D: Seeks to Tap Johnson Legal Group as Special Counsel
MOBITEK LLC: Seeks to Hire David A. Ray as Bankruptcy Counsel
MODERN ART GROUP: Dec. 13 Hearing on Exclusivity Extension Bid
NELSON BROTHERS: Seeks to Hire Benesch as Legal Counsel
NEXTEER AUTOMOTIVE: S&P Withdraws 'BB+' LT Issuer Credit Rating
NORTH AMERICAN: December 7 Amended Buyout Agreement Hearing Set
NUMERICAL CONTROL: Seeks to Hire Evans & Mullinix as Counsel
NUMERICAL CONTROL: Seeks to Hire Taylor Group as Accountant
ON MARINE: Unsecureds' Recovery Hiked to 88% in Liquidating Plan
OVERLOOK ROAD: Unsecureds Likely to Recover 100% in Plan
PACKABLE HOLDINGS: Seeks to Hire Baker Tilly as Accountant
PARADISE SENIOR APARTMENT: Commences Chapter 11 Proceedings
PIPELINE HEALTH: Committee Taps Akin Gump Strauss as Legal Counsel
QHC FACILITIES: $4.5-Mil. Sale of All Assets to Blue Care Approved
QUEST PATENT: Posts $104K Net Income in Third Quarter
QUOTIENT LIMITED: Incurs $45.9 Million Net Loss in Second Quarter
RAKKI LLC: Seeks to Hire Law Law Firm as Bankruptcy Counsel
RENNOVA HEALTH: Incurs $1.3 Million Net Loss in Third Quarter
RLI SOLUTIONS: Seeks to Hire Debt Recovery as Debt Collector
SAMANTHA S. LINDSAY: Unsecureds to Split $50,000 Over 5 Years
SARINA BROWNDORF: Lamborghini Buying Ferrari 458 Spider for $205K
SAVANNAH CAPITAL: $6.25M Sale of Savannah Property to Burrough OK'd
SENSITIVE HOME: Seeks to Hire Billion Law as Bankruptcy Counsel
SIGYN THERAPEUTICS: Incurs $727K Net Loss in Third Quarter
SPEEDY O' HARE: Seeks to Hire Lefkovitz & Lefkovitz as Counsel
SUN PACIFIC: Incurs $138K Net Loss in Third Quarter
THOMAS M. DLUGOLECKI: Sale of San Diego Property for $4.5M Approved
V.N.D. LLC: Sale of Jamestown Property for $2.9 Million Approved
VANGUARD WINES: Boutinot Buys Substantially All Assets for $1-Mil.
VERITAS FARMS: Incurs $979K Net Loss in Third Quarter
VESTA HOLDINGS: Sells All Assets for Approx. $125M to SRA Holdings
VESTA HOLDINGS: Sets Bid Procedures for Substantially All Assets
WAKASA LLC: Seeks to Hire The Lane Law Firm as Legal Counsel
YOLANDA C. HOLMES: Taps Comprehensive Business as Accountant
[*] Kunal Kamlani Joins M3 Partners' Restructuring, Turnaround Team
[^] Large Companies with Insolvent Balance Sheet
*********
232 SMITH STREET: Seeks to Hire0 Rachel S. Blumenfeld as Counsel
----------------------------------------------------------------
232 Smith Street, LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of New York to employ the Law Office of
Rachel S. Blumenfeld PLLC as counsel.
The firm will provide these services:
a. give advice to the Debtor with respect to its powers and
duties as Debtor-in-Possession and the continued management of its
property and af fairs;
b. negotiate with creditors of the Debtor and work out a plan of
reorganization and take the necessary legal steps in order to
effectuate such a plan including, if need be, negotiations with
creditors and other parties in interest;
c. prepare on behalf of the Debtor all necessary schedules,
application, motions, answers, orders, reports, and other legal
papers required for the Debtor that seek protection from its
creditors under Chapter 11 of the Bankruptcy Code;
d. appear before the Bankruptcy Court to protect the interest of
the Debtor and to represent the Debtor in all matters pending
before the Court;
e. represent the Debtor, if need be, in connection with
obtaining postpetition financing;
f. take any necessary action to obtain approval of a disclosure
statement and confirmation of a plan of reorganization; and
g. perform all other legal services of the Debtor which may be
necessary for the preservation of the Debtors estate and to promote
the best interest of the Debtor, its creditors and its estate.
The firm will be paid at these rates:
Rachel S. Blumenfeld, Esq. $525 per hour
Paraprofessional $150 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Rachel S. Blumenfeld, Esq., a partner at Law Office of Rachel S.
Blumenfeld PLLC, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Rachel S. Blumenfeld, Esq.
Law Office of Rachel S. Blumenfeld PLLC
26 Court Street, Suite 2220
Brooklyn, NY 11242
Tel: (718) 858-9600
Email: rblmnf@aol.com
About 232 Smith Street
232 Smith Street LLC in 132 Remsen Street, filed its voluntary
petition for Chapter 11 protection (Bankr. E.D.N.Y. Case No.
22-42120) on September 7, 2022.
PICK & ZABICKI LLP serve as the Debtor's legal counsel.
ACORN REAL: Seeks Approval to Hire Bankruptcy Lawyer
----------------------------------------------------
Acorn Real Property Acquisition Inc. seeks approval from the U.S.
Bankruptcy Court for the Eastern District of New York to hire, Rich
Feinsilver, Esq., a bankruptcy lawyer in New York and Long Island,
to represent the Debtor in the chapter 11 proceedings.
Mr. Feinsilver will charge $400 per hour for its services.
Mr. Feinsilver received a retainer in the amount of $25,000 plus
filing fee of $1,738.
Mr. Feinsilver represents no interest adverse to the Debtor or its
estate in the matters upon which it is to be retained, as disclosed
in the court filings.
Mr. Feinsilver can be reached at:
Richard S. Feinsilver, Esq.
1 Old Country Rd
Carle Place, NY 11514
Phone: +1 516-873-6330
Fax: 516-873-6183
Email: feinlawny@yahoo.com
About Acorn Real Property Acquisition
Acorn Real Property Acquisition Inc. is a is a Single Asset Real
Estate (as defined in 11 U.S.C. Sec. 101(51B)).
Acorn Real Property Acquisition filed a petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No.
22-42718) on Oct. 31, 2022. In the petition filed by Olakunle
Apampa, as president, the Debtor reported assets and liabilities
between $10 million and $50 million.
The Debtor is represented by Richard S Feinsilver of Richard S.
Feinsilver, Esq.
ADINA 74 REALTY: Seeks to Hire Kirby Aisner as Bankruptcy Counsel
-----------------------------------------------------------------
Adina 74 Realty Corp. seeks approval from the U.S. Bankruptcy Court
for the Southern District of New York to hire Kirby Aisner & Curley
LLP as its attorneys.
The firm will render these services:
a. advise the Debtor with respect to its powers and duties and
the continued management of its property and affairs;
b. negotiate with creditors of the Debtor and work out a plan
of reorganization and take the necessary legal steps in order to
effectuate such a plan including, if need be, negotiations with the
creditors and other parties in interest;
c. prepare legal papers;
d. appear before the bankruptcy court and represent the Debtor
in all matters pending before the court;
e. attend meetings and negotiate with representatives of
creditors and other parties in interest;
f. advise the Debtor in connection with any potential
refinancing of secured debt;
g. represent the Debtor in connection with obtaining
post-petition financing, if necessary;
h. take any necessary action to obtain approval of a
disclosure statement and confirmation of a plan of reorganization;
i. perform all other necessary legal services for the Debtor.
The firm will be paid at these rates:
Partners $450 to $550 per hour
Associates $295 per hour
Paraprofessionals $150 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer payment in the amount of $22,500.
Erica R. Aisner, Esq., an attorney at Kirby Aisner & Curley,
disclosed in a court filing that the firm is a "disinterested
person" as that term is defined in Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Erica R. Aisner, Esq.
Kirby Aisner & Curley, LLP
700 Post Road, Suite 237
Scarsdale, NY 10583
Phone: (914) 401-9502
Email: eaisner@kacllp.com
About Adina 74 Realty Corp.
Adina 74 Realty Corp. is a Single Asset Real Estate (as defined in
11 U.S.C. Sec. 101(51B)).
Adina 74 Realty Corp. filed a petition for relief under Chapter 11
of the Bankruptcy Code (Bankr. S.D.N.Y. Case No. 22-11458) on Nov.
2, 2022. In the petition filed by Ezra Chammah, as president, the
Debtor reported assets between $10 million and $50 million and
liabilities between $1 million and $10 million.
The Debtor is represented by Dawn Kirby of Kirby Aisner & Curley,
LLP.
ASHLEY CAMPBELL: Unsecureds Will Get 100% in Subchapter V Plan
--------------------------------------------------------------
Ashley Campbell, Inc., filed with the U.S. Bankruptcy Court for the
District of Colorado a Subchapter V Plan of Reorganization dated
November 22, 2022.
Debtor is a full service interior design firm and primarily focuses
on residential projects. Debtor conducts business in the Denver
metro area and has been in business since 2005.
Ashley Ehmke is the CEO of Debtor. Ms. Ehmke has been the sole
shareholder of Debtor since 2011. Debtor has five employees,
including Ms. Ehmke, and uses one independent contractor. Ms. Hemke
has been paid an annual salary of approximately $116,000 for the
past six years.
Prior to the filing of this bankruptcy case, Debtor was involved in
extensive and costly litigation with the Ashenmils and with Homuth
relating to the amounts and validity of their claims. The ongoing
expense of this litigation triggered this Chapter 11 filing. Since
the Chapter 11 filing, Debtor has continued its operations as a
Chapter 11 debtor-in-possession.
On the Petition Date, Debtor had no tax liabilities and was current
on all amounts owing to employees. Debtor has no secured creditors.
Debtor has four unsecured creditors. Ashley Ehmke is jointly liable
on these four unsecured Claims. The claims of two of those
unsecured creditors are undisputed. Those two creditors are: JP
Morgan Chase (Trade Debt - $14,016) and Michael Brownlee (Attorney
Fees - $63,988). The claims of the other two unsecured creditors
are disputed. Those two creditors are: Warren and Lisa Ashenmil
(Claimed amount - $634,633) and Larry Homuth (Claimed Amount -
$315,505).
The Plan provides that Debtor will continue its interior design
operations. Debtor will make all business decisions relating to
this operation. The income from these operations will fund the
payments to be made through the Plan.
Debtor will submit all of the funds necessary for execution of this
Plan to the supervision and control of the Subchapter V Trustee and
in accordance with the terms of the Plan. The Subchapter V Trustee
will make payments on all Impaired Claims and will make payments to
holders of Allowed Unsecured Claims in accordance with the Plan.
Debtor will not submit any income to the Subchapter V Trustee other
than as set forth in the Plan.
Class II consists of the Claims of all Allowed Unsecured Creditors
of Debtor. Creditors in this Class will receive a 100% distribution
on the Allowed amount of each claim. This amount will be paid in
equal pro-rata monthly installments of $4,000, with the first
monthly payment being due on the Effective Date. Each subsequent
monthly payment will be due on the 15th day of each month
thereafter, until all the Allowed Unsecured Claims have been paid
in full.
Class III consists of Ashley Ehmke's 100% interest in Debtor. Ms.
Ehmke will retain her interest in Debtor.
Debtor will be empowered to take such actions as may be necessary
to perform its obligations under this Plan.
Debtor will continue to pay all monthly and annual operating
expenses directly to post-petition creditors. These payments will
not be made through the Subchapter V Trustee.
A full-text copy of the Subchapter V Plan dated November 22, 2022,
is available at https://bit.ly/3u73wgz from PacerMonitor.com at no
charge.
Attorney for Debtor:
Guy B. Humphries, Esq.
Guy Humphries, Attorney At Law
1801 Broadway Suite 1100
Denver, CO 80202
Tel: (303) 832-0029
Email: guyhumphries@msn.com
About Ashley Campbell Inc.
Ashley Campbell, Inc. sought protection for relief under Chapter 11
of the Bankruptcy Code (Bankr. D. Col. Case No. 22-13187) on August
24, 2022, listing $100,001 to $500,000 on both assets and
liabilities. Judge Elizabeth E Brown presides over the case.
Guy B. Humphries, Esq., at Guy Humphries, Attorney At Law,
represents the Debtor as counsel.
B&G PROPERTY: Exclusivity Period Extended to Jan. 27
----------------------------------------------------
The U.S. Bankruptcy Court for the District of Oregon extended the
time B&G Property Investments, LLC can keep exclusive control of
its bankruptcy case, giving the company until Jan. 27, 2023, to
file a bankruptcy plan and until March 27, 2023, to solicit votes
on that plan.
Originally, the company was due to file a plan by Nov. 28 and
solicit votes by Jan. 25 next year.
Since its bankruptcy filing, B&G has been working with its legal
counsel to consider and analyze a number of alternative plan
structures. However, much of this work and analysis will depend on
auctions, sales and other events, which warrant an extension of the
exclusivity periods.
About B&G Property Investments
B&G Property Investments, LLC, a company in Medford, Ore., filed
its voluntary petition for relief under Chapter 11 of the
Bankruptcy Code (Bankr. D. Ore. Case No. 22-60998) on July 29,
2022, with between $10 million and $50 million in both assets and
liabilities. Keith Boyd, manager, signed the petition.
Judge Thomas M. Renn presides over the case.
Douglas R. Ricks, Esq., at Vanden Bos & Chapman, LLP and John
Warekois, CPA LLC serve as the Debtor's legal counsel and
accountant, respectively.
The U.S. Trustee for Region 18 appointed an official committee of
unsecured creditors on Oct. 6, 2022.
BASIC WATER: Seeks to Hire Stretto as Claims and Noticing Agent
---------------------------------------------------------------
Basic Water Company and Basic Water Company SPE 1, LLC seek
approval from the U.S. Bankruptcy Court for the District of Nevada
to hire Stretto, Inc. as their claims, noticing and solicitation
agent.
The Debtors require a claims and noticing agent to serve notices to
creditors, equity security holders and other concerned parties, and
provide computerized claims-related services.
Stretto will bill the Debtors no less frequently than monthly.
Sheryl Betance, a senior managing director at Stretto, disclosed in
a court filing that her firm is a "disinterested person" as that
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Sheryl Betance
Stretto, Inc.
410 Exchange, Ste. 100
Irvine, CA 92602
Telephone: (714) 716-1872
Email: sheryl.betance@stretto.com
About Basic Water Company
Basic Water Company, a water utility company in Nevada, and
affiliate Basic Water Company SPE 1, LLC sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Nev. Lead Case
No. 22-13252) on Sept. 10, 2022. In their petitions, Basic Water
Company listed $10 million to $50 million in assets and $1 million
to $10 million in liabilities while SPE 1 listed as much as $50
million in both assets and liabilities. Stephanne A. Zimmerman,
president, signed the petitions.
Judge Mike K. Nakagawa oversees the cases.
The Debtors tapped Samuel A. Schwartz, Esq. at Schwartz Law, PLLC
as legal counsel, and Force 10 Partners, LLC as financial advisor.
Stretto, Inc. is the claims, noticing and solicitation agent.
BITTER CREEK WATER: Commences Subchapter V Bankruptcy Case
----------------------------------------------------------
Bitter Creek Water Supply Corporation filed for Chapter 11
protection in the U.S. Bankruptcy Court for the Northern District
of Texas. The Debtor elected on its voluntary petition to proceed
under Subchapter V of Chapter 11 of the Bankruptcy Code.
According to court filings, Bitter Creek Water Supply estimates $1
million to $10 million in debt owed to between 50 and 99 creditors.
The petition states that funds will be available to unsecured
creditors.
About Bitter Creek Water Supply
Bitter Creek Water Supply Corporation is a water supplier in
Sweetwater, Texas.
Bitter Creek Water Supply filed a petition for relief under
Subchapter V of Chapter 11 of the Bankruptcy Code (Bankr. N.D. Tex.
Case No. 22-10137) on November 21, 2022. In the petition filed by
Jeff Posey, as president, the Debtor reported assets and
liabilities between $1 million and $10 million each.
The Debtor is represented by:
Lynn Hamilton Butler, Esq.
HUSCH BLACKWELL LLP
P O Box 1177
Sweetwater, TX 79556-1177
BLACK DIAMOND: Seeks to Hire Probus Law Firm as Counsel
-------------------------------------------------------
Black Diamond Developers, LP and its affiliates seek approval from
the U.S. Bankruptcy Court for the Southern District of Texas to
employ The Probus Law Firm as counsel.
The firm's services include:
(a) analysis of the financial situation, and rendering advice
and assistance to the Debtors in determining the appropriate filing
under title 11 of the United States Code;
(b) rendering bankruptcy related legal advice to the Debtors
regarding their continued operation and management of cash and
property;
(c) assisting the Debtors with preparation and filing of the
Debtor's Chapter 11 petition, schedules, statements of financial
affairs, and related initial pleadings;
(d) representation of the Debtors at the Initial Debtors'
Interview with the U.S. Trustee and at the Debtors' First Meeting
of Creditors;
(e) representation of the Debtors in any and all matters related
to post-petition administrative matters or matters involving the
Debtors' assets and liabilities and financial affairs;
(f) representation of the Debtors with respect to any adversary
proceeding related to: any prepetition transfers of the Debtors,
recovery of any preferences, turnover actions, liens against
property of the estate, and/or property of the estate;
(g) possible representation of the Debtor with respect to the
state court case styled Home Owners Association of Cimarron, Inc.,
et al v. Black Diamond Developers, LP, et al, Cause No.
C-2228-21-E, in the District Court of Hidalgo County, Texas, 275 th
Judicial District;
(h) representation of the Debtors with respect to negotiations
for any post-petition administrative financing for the Debtors,
whether secured or unsecured and preparing and filing any pleadings
necessary to obtain court approval for such financing as
necessary;
(i) representation of the Debtors with respect to negotiations
for the Debtors' use and/or sale of property and preparing and
filing any pleadings necessary to obtain court approval for such
use and/or sale;
(j) representation of the Debtors with respect to negotiations
for the assumption or rejection of any unexpired leases of
nonresidential, real property or executor contracts and preparing
and filing any pleadings necessary to assume, accept, or reject any
such leases or contracts;
(k) representation of the Debtors with respect to preparing a
plan of reorganization and if necessary the disclosure statement to
support the plan and assisting the Debtors in obtaining
confirmation of a plan of reorganization;
(l) representation of the Debtors with respect to objections to
proofs of claim and allowance or disallowance of claims against the
Debtors;
(m) representation of the Debtors with respect to post-petition
consummation of the plan of reorganization and other post-petition
matters necessary to the implementation of the plan of
reorganization; and
(n) representation of the Debtors in any other core and related
to matters.
The firm will be paid at these rates:
Attorneys $450 per hour
Paraprofessionals $100 per hour
The Debtor paid the firm a retainer of $35,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Matthew B. Probus, Esq., a partner at The Probus Law Firm,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Matthew B. Probus, Esq.
The Probus Law Firm
10497 Town & Country Way, Suite 930
Houston, Texas 77024
Tel: (713) 258-2700
Fax: (713) 258-2701
Email: matthewprobus@theprobuslawfirm.com
About Black Diamond Development, LP
Black Diamond Developers LP owns and operates a golf course and
country club called The Cimarron Country Club, in Mission, Texas.
Black Diamond Developers LP and affiliate CCC Operations, LLC,
filed for relief under Subchapter V of chapter 11 of the Bankruptcy
Code (Bankr. S.D. Tex. Case No. 22-70179 and 22-70181) on Nov. 3,
2022. In the petition filed by Maria del Pilar Kamel, as general
partner, Black Diamond reported assets between $1 million and $10
million and liabilities between $100,000 and $500,000.
Catherine Stone Curtis has been appointed as Subchapter V trustee.
The Debtors are represented by Matthew Brian Probus of The Probus
Law Firm.
BLITMAN SARATOGA: Sells Saratoga Springs Home to Guiffres for $538K
-------------------------------------------------------------------
Blitman Saratoga LLC asks the U.S. Bankruptcy Court for the
Southern District of New York to authorize the sale of the
completed home (Lot 14) at 57 Jane Street, in Saratoga Springs, New
York, to Tom and Marlene Guiffre for $538,000, free and clear of
all liens, claims and adverse interests.
While a sale of a completed home is likely made in the regular
course of its business, the Debtor is cognizant about potential
title company requirements and prior issues over payment of broker
commissions with respect to earlier sales. Thus, it is moving for
formal Bankruptcy Court approval of the sale of the Home to the
Guiffre Family, particularly since a dispute arose as to the final
purchase price to account for upgrades and possible delay claims.
In this regard, the final purchase price of $538,000 represents a
significant increase over the original price of $438,000.
The sale to the Guiffre Family will provide the necessary
additional liquidity to enable the Debtor to proceed with
confirmation of a formal Chapter 11 plan of reorganization.
Certain funds from prior sales totaling approximately $600,000 are
already in escrow. The Debtor was reticent to proceed with
confirmation without additional funds to complete construction.
This has now been accomplished and the proposed sale is the last
piece of the puzzle before a viable plan is achieved.
Moreover, as with the prior sales, the broker's commissions of 5%
will be held in escrow pending a further order of the Court
approving the same, as a minority member of the Debtor (Scott
Varley) is affiliated with the brokerage company handling the
transaction with the Guiffre Family with an outside broker at a
2.5% – 2.5% split.
The Debtor has the support of the DIP Lender to the proposed sale
transaction. Thus, proper grounds exist under Section 363(f) to
sell free and clear based upon consent. Any other property-related
claims or tax liens which may be in existence at the time of the
closing will be paid from the proceeds at closing.
A copy of the Purchase Agreement is available at
https://tinyurl.com/d2ekh38d from PacerMonitor.com free of charge.
About Blitman Saratoga
White Plains, N.Y.-based Blitman Saratoga LLC was formed in 2012
to
develop and build a residential community consisting of at least
77
single-family homes spread over approximately 149 acres on Geyser
Road in Saratoga County, N.Y.
Blitman Saratoga sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 20-23177) on November 6,
2020. At the time of the filing, the Debtor disclosed $5,857,288
in
assets and $2,755,584 in liabilities. Judge Robert D. Drain
oversees the case.
Kevin J. Nash, Esq., at Goldberg Weprin Finkel Goldstein LLP, is
the Debtor's legal counsel.
On December 21, 2020, the Office of the U.S. Trustee appointed an
official committee of unsecured creditors. The committee tapped
Nolan Heller Kauffman, LLP as its bankruptcy counsel.
BLOCKFI INC: Files Stand-Alone Plan but Open to Alternative Offers
------------------------------------------------------------------
BlockFi Inc. sought Chapter 11 protection with a stand-alone plan
of reorganization though it says it will entertain alternative
offers for the business.
"BlockFi intends to swiftly bring these chapter 11 cases to an
appropriate conclusion and restore liquidity to its firm,
preserving and maximizing value for clients," Mark Renzi of
Berkeley Research Group, the Company's financial advisor, said in
court filings. "While open to any alternative that maximizes value,
BlockFi is filing a proposed Plan that contemplates a standalone
restructuring, predicated on the Debtors goal to provide clients as
close to a full recovery as possible. A full recovery for creditors
would require, among other things, that the Debtors' counterparties
and third-party custodians meet their contractual and legal
obligations. While the Debtors are hopeful, the full extent of the
fallout from FTX’s collapse remains to be determined."
The company said in a statement that as part of its restructuring
efforts, the Company will focus on recovering all obligations owed
to BlockFi by its counterparties, including FTX and associated
corporate entities. Due to the recent collapse of FTX and its
ensuing bankruptcy process, which remains ongoing, the Company
expects that recoveries from FTX will be delayed.
The Debtors filed the proposed Plan together with their bankruptcy
petitions. If confirmed, the Plan will allow the Debtors to emerge
as reorganized entities "on the most expedited timetable that is
realistic."
"Recent revelations and things-still-unknown regarding FTX (and the
cascading impact thereof on cryptocurrency markets) cloud that
path, but the Debtors will fight to maximize client recoveries. The
Debtors, with the assistance of their advisors, will also consider
all strategic alternatives and third-party solutions that emerge
during the course of these cases," Mr. Renzi said.
Under BlockFi's Plan, customers or accountholders will receive
recovery in the form of cash, equity or crypto assets. These
claims are impaired. The Debtors did not file a Disclosure
Statement that would provide for an estimated percentage recovery
for these claimants.
All existing preferred interests and equity interests will be
cancelled, and the interest holders won't receive any distributions
on account of those interests.
First Day Affidavit
Highlights from Mr. Renzi's affidavit in support of the Chapter 11
filing and the first day motions include:
* $256 MILLION CASH. In preparation for the chapter 11 cases,
BlockFi liquidated certain of its owned cryptocurrency to bolster
available cash. Through this process, BlockFi was able to raise
$238.6 million of additional cash, for a total unencumbered cash
position as of the Petition Date of $256.5 million. BlockFi
currently expects that this cash position will be sufficient to
fund the costs of the chapter 11 cases and is not seeking approval
of debtor-in-possession financing at this time.
* WARN NOTICES FOR TWO-THIRDS OF EMPLOYEES. As of the Petition
Date, BlockFi and its non-Debtor affiliates have 292 employees and
82 independent contractors. But approximately two-thirds of these
individuals received Worker Adjustment Retraining Notification
notices before these chapter 11 cases as part of a
liquidity-preserving reduction in force.
* RETENTION BONUSES FOR RETAINED WORKERS. The Debtors say they
must take immediate action to retain its workforce, as retaining
and motivating personnel is critical to maximize value for clients.
BlockFi filed a motion seeking approval of a Key Employee Retention
Plan and Targeted Retention Plan to retain remaining non-insider
employees.
* TRANSPARENCY AND COMPLIANCE. Unlike certain competitors,
BlockFi never launched its own token to raise funds but instead
relied on traditional venture capital. BlockFi was also the first
in many states to seek and receive lending licenses to make
cryptocurrency-backed loans -- BlockFi was issued 47 licenses for
lending, money transmission, operations, and the like by 32 states
and D.C., and received a separate Class F Digital Business Assets
License from Bermuda. BlockFi resolved disputes with state
regulators via settlement and, as part of that agreement, agreed to
cease offering the then-existing interest-bearing accounts to
clients in the United States. BlockFi posts a quarterly
transparency report to update its clients about the assets on
BlockFi's platform and how BlockFi manages related liquidity and
credit risk.
* SHORT-LIVED RESCUE. FTX's apparent "rescue," which began in
the summer of 2022, stabilized BlockFi. On June 30, 2022, West
Realm Shires Inc. signed an agreement to loan up to $400 million of
notional amount of cryptocurrencies to BlockFi. FTX is owed $275
million on account of the loans. On November 8, 2022, BlockFi
requested an additional $125 million of borrowings. FTX did not
provide the additional funding and instead on Nov. 11, 2022,
commenced voluntary cases under Chapter 11 of the Bankruptcy Code
in the United States Bankruptcy Court for the District of
Delaware.
* NO DIRECT EXPOSURE. BlockFi had no direct exposure to
Celsius, Luna, Terra, or Voyager, outside of offering clients the
ability to trade Luna on its retail trading platform. During this
period of market disruption, BlockFi took swift action to de-risk
itself of exposure to 3AC but could not totally evade the harm. 3AC
was one of BlockFi's largest borrower clients, and its collapse,
along with several other borrowers, led to material losses for
BlockFi. The collapse of UST, along with the halting of withdrawals
and bankruptcies of Celsius, Voyager and 3AC, led to significant
customer withdrawals from BlockFi.
About BlockFi
BlockFi Inc. was founded in 2017 by Zac Prince and Flori Marquez to
provide credit services to markets with limited access to simple
financial products. BlockFi is building a bridge between digital
assets and traditional financial and wealth management products to
advance the overall digital asset ecosystem for individual and
institutional investors.
BlockFi Inc. and eight of its affiliates on Nov. 28, 2022,
commenced voluntary cases under Chapter 11 of the U.S. Bankruptcy
Code in Trenton, New Jersey (Bankr. D.N.J. Lead Case No. 22-19361).
The cases are pending before the Honorable Michael B. Kaplan, and
the Debtors have requested that their cases be jointly administered
under Case No. 22-19361.
Haynes and Boone LLP, Kirkland & Ellis LLP, and Cole Schotz P.C.
are serving as legal counsel, Moelis & Company is serving as
investment banker, and Berkeley Research Group is serving as
financial advisor to the Company. C Street Advisory Group, LLC is
serving as strategic restructuring and communications advisor to
the Company. Kroll is the claims agent.
BLOCKFI INC: Seeks Ch. 11 Bankruptcy in the Wake of FTX Downfall
----------------------------------------------------------------
BlockFi Inc. and eight of its affiliates on Nov. 28 commenced
voluntary cases under Chapter 11 of the U.S. Bankruptcy Code in the
United States Bankruptcy Court for the District of New Jersey to
stabilize its business and provide the Company with the opportunity
to consummate a comprehensive restructuring transaction that
maximizes value for all clients and other stakeholders.
As part of its restructuring efforts, the Company will focus on
recovering all obligations owed to BlockFi by its counterparties,
including FTX and associated corporate entities. Due to the recent
collapse of FTX and its ensuing bankruptcy process, which remains
ongoing, BlockFi expects that recoveries from FTX will be delayed.
"With the collapse of FTX, the BlockFi management team and board of
directors immediately took action to protect clients and the
Company," said Mark Renzi of Berkeley Research Group, the Company's
financial advisor. "From inception, BlockFi has worked to
positively shape the cryptocurrency industry and advance the
sector. BlockFi looks forward to a transparent process that
achieves the best outcome for all clients and other stakeholders."
Annie Massa of Bloomberg News, citing unnamed sources, previously
reported the cryptocurrency lender was preparing to file for
bankruptcy. BlockFi, the report added, paused client withdrawals
due to uncertainties with FTX, while saying it had adequate
liquidity and was exploring options with outside advisers.
To ensure a smooth transition into Chapter 11, BlockFi is filing
with the Court a series of customary motions to allow the Company
to continue to operate its business. These "first day" motions
include requests to pay employee wages and continue employee
benefits without disruption, for which the Company expects to
receive Court approval, as well as to establish a Key Employee
Retention Plan to ensure the company retains trained internal
resources for business-critical functions during the chapter 11
process. The Company today also initiated an internal plan to
considerably reduce expenses, including labor costs.
Platform activity continues to be paused at this time. BlockFi has
US$256.9 million in cash on hand, which is expected to provide
sufficient liquidity to support certain operations during the
restructuring process.
Haynes and Boone LLP, Kirkland & Ellis LLP, and Cole Schotz P.C.
are serving as legal counsel, Moelis & Company is serving as
investment banker, and Berkeley Research Group is serving as
financial advisor to the Company. C Street Advisory Group, LLC is
serving as strategic restructuring and communications advisor to
the Company.
Bermuda Proceedings
In parallel with these chapter 11 cases, BlockFi International Ltd.
a Bermuda incorporated company, filed a petition with the Supreme
Court of Bermuda for the appointment of joint provisional
liquidators pursuant to section 161(e) of Bermuda's Companies Act,
1981 in the near term. BlockFi currently anticipates that client
claims will be addressed through the Chapter 11 process.
About BlockFi
BlockFi is building a bridge between digital assets and traditional
financial and wealth management products to advance the overall
digital asset ecosystem for individual and institutional
investors.
Kevin Simauchi and Hannah Miller, writing for Bloomberg Law, report
that BlockFi was founded in 2017 by Zac Prince and Flori Marquez
and in its early days had backing from influential Wall Street
investors like Mike Novogratz and, later on, Valar Ventures, a
Peter Thiel-backed venture fund as well as Winklevoss Capital,
among others. Valar was one of BlockFi's largest shareholders with
a 19% stake, the bankruptcy filings show. BlockFi made waves in
2019 when it began providing interest-bearing accounts with returns
paid in Bitcoin and Ether, with its program attracting millions of
dollars in deposits right away.
BlockFi grew during the pandemic years and had offices in New York,
New Jersey, Singapore, Poland and Argentina. Co-founder Prince in a
March 2021 interview with Bloomberg said BlockFi was using proceeds
from a $350 million funding round to expand into new markets and
fund new products. Bain Capital Ventures and Tiger Global were
among the investors in the that round.
Originally valued at $3 billion in March 2021, Bloomberg Law
reports BlockFi looked to raise money at a reduced valuation of
about $1 billion in June. The firm also faced scrutiny from
financial regulators over its interest-bearing accounts and agreed
to pay $100 million in penalties to the SEC and several US states
in February. The SEC is listed on the bankruptcy filing as
BlockFi's fourth-largest creditor, with $30 million owed to the
agency.
BlockFi worked with FTX US after it took an $80 million hit from
the bad debt of crypto hedge fund Three Arrows Capital, which
imploded after the TerraUSD stablecoin wipeout in May 2022.
Bloomberg Law notes BlockFi had significant exposure to the
companies founded by former FTX Chief Executive Officer Sam
Bankman-Fried. BlockFi received a $400 million credit line from FTX
US in an agreement that also gave FTX the option to acquire BlockFi
through a bailout orchestrated by Bankman-Fried over the summer.
BlockFi also had collateralized loans to Alameda Research, the
trading firm co-founded by Bankman-Fried.
BlockFi is the latest crypto firm to seek bankruptcy amid a
prolonged slump in digital asset prices. Lenders Celsius Network
LLC and Voyager Digital Holdings Inc. also filed for court
protection this year. Kirkland & Ellis is also advising Celsius
and Voyager in their separate Chapter 11 cases.
BlockFi sold about $239 million of its own cryptocurrency and
warned almost 250 workers that they would lose their jobs in the
run-up to its bankruptcy filing, court papers show.
BOTEILHO HAWAII: Commences Subchapter V Bankruptcy Case
-------------------------------------------------------
Boteilho Hawaii Enterprises Inc. filed for Chapter 11 protection in
the U.S. Bankruptcy Court for the District of Hawaii. The Debtor
elected on its voluntary petition to proceed under Subchapter V of
Chapter 11 of the Bankruptcy Code.
According to court filings, Boteilho Hawaii Enterprises Inc.
estimates $1 million to $10 million in debt owed to between 1 and
49 creditors. The petition states that funds will be available to
unsecured creditors.
About Boteilho Hawaii Enterprises
Boteilho Hawaii Enterprises Inc. is a DOT-registered motor carrier
located in Hawi, HI.
Boteilho Hawaii Enterprises Inc. filed a petition for relief under
Subchapter V of Chapter 11 of the Bankruptcy Code (Bankr. D. Hawaii
Case No. 22-00827) on November 21, 2022. In the petition filed by
Edward Boteilho, Jr., as president, the Debtor reported assets and
liabilities between $1 million and $10 million.
The Debtor is represented by:
Chuck C. Choi, Esq.
CHOI & ITO
P.O. BOX 190
Hawi, HI 96719
BURLEY FOODS: Gets OK to Hire Hayes Law as Bankruptcy Counsel
-------------------------------------------------------------
Burley Foods, LLC received approval from the U.S. Bankruptcy Court
for the Western District of North Carolina to hire Hayes Law as its
legal counsel in the Chapter 11 proceedings.
Hayes Law will charge $385 per hour for legal work performed.
Cole Hayes, Esq., at Hayes Law, disclosed in a court filing that
the firm is a "disinterested person" within the meaning of Section
101(14) of the Bankruptcy Code.
The firm can be reached through:
Cole Hayes, Esq.
Hayes Law
601 S. Kings Drive
Suite F PMB #411
Charlotte, NC 28204
Phone: 704-490-4247
Email: cole@colehayeslaw.com
About Burley Foods
Burley Foods, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D.N.C. Case No. 22-30532) on Nov. 1,
2022. In the petition filed by its chief executive officer, Marcus
R. Burley, the Debtor disclosed up to $50,000 in assets and up to
$1 million in liabilities.
Judge Laura T. Beyer oversees the case.
Cole Hayes, Esq., at Cole Hayes Law, is the Debtor's legal counsel.
C & M ELECTRICAL: Auction of Substantially All Assets on December 1
-------------------------------------------------------------------
Judge James R. Sacca of the U.S. Bankruptcy Court for the Northern
District of Georgia authorized the bidding procedures proposed by C
& M Electrical Contractors, Inc., and Esco Rental, LLC, in
connection with the sale of substantially all of their assets to
Escoe Industrial Mechanical, Inc., and SCR Investments LLC, in
accordance with the terms of the Asset Purchase Agreement dated
Oct. 25, 2022, for $718,500, subject to overbid.
The salient terms of the Bidding Procedures are:
a. Bid Deadline: Nov. 29, 2022, at 5:00 p.m. (ET)
b. Initial Bid: The aggregate consideration proposed by the
Qualifying Bidder must equal or exceed the sum of the amount of the
Stalking Horse Purchase Price and $25,000.
c. Deposit: $20,000
d. Auction: The date and time of the Auction, if needed, is
Dec. 1, 2022, at 10:00 a.m. (ET), which time may be extended by the
Debtors, upon written notice filed with the Court, to be held at
the property owned by Esco Rental located at 4900 Highway 98 East,
Comer Georgia 30629.
e. Bid Increments: $10,000
f. Sale Hearing: Dec. 7, 2022, at 10:00 a.m. (ET)
g. Sale Objection Deadline: Dec. 5, 2022, at 5:00 p.m. (ET)
h. Closing: No later than Dec. 14, 2022
Notwithstanding the foregoing, the Court's approval of the
foregoing schedule is without prejudice to all parties' rights to
object to the approval of any sale contemplated under the Order at
the Sale Hearing on any grounds.
The form of Sale Notice is approved.
No later than five business days after entry of the Bidding
Procedures Order, the Debtors will serve the Bidding Procedures and
the Sale Notice upon all creditors and any party that has requested
notice.
The Notice of the Motion is deemed good and sufficient notice of
such Motion, and the requirements of Bankruptcy Rule 6004(a) and
the Bankruptcy Local Rules for the Northern District of Georgia are
satisfied by such notice.
The terms and conditions of the Order will be immediately effective
and enforceable upon its entry.
A copy of the Bidding Procedures is available at
https://tinyurl.com/yc3w3jf6 from PacerMonitor.com free of charge.
About C & M Electrical Contractors, Inc.
C & M Electrical Contractors, Inc. provides a complete range of
electrical and mechanical solutions for the governmental,
industrial, commercial, & agricultural sectors.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 22-20649) on July 14,
2022. In the petition signed by Richard Cody Esco, sole
shareholder, the Debtor disclosed up to $1 million in assets and
up to $10 million in liabilities.
Judge James R. Sacca oversees the case.
Benjamn Keck, Esq., at Keck Legal, LLC is the Debtor's counsel.
CAPITAL TRUCK: Seeks Approval to Hire James Hartman as Accountant
-----------------------------------------------------------------
Capital Truck, Inc. seeks approval from the U.S. Bankruptcy Court
for the Northern District of Florida to employ James Hartman, P.A.
as its accountant.
The firm will provide tax advice and accounting services going
forward.
The firm estimates charging a total of $6,000 for the completion of
the Debtor's 2021 and 2022 tax returns.
To the best of the Debtor’s knowledge, James Hartman has no
connection with any creditors or parties in interest.
The firm can be reached through:
James Hartman, CPA
James Hartman, P.A.
1608 W Plaza Dr.
Tallahassee, FL 32308
Telephone: (850) 765-6603
Fax: (850) 765-6290
Email: james@jhartman-cpa.com
About Capital Truck
Capital Truck, Inc., based in Tallahassee, FL, filed a Chapter 11
petition (Bankr. N.D. Fla. Case No. 20-40287) on July 14, 2020. In
the petition signed by Mark Thomas, president, the Debtor was
estimated to have $1 million to $10 million in both assets and
liabilities. BRUNER WRIGHT, P.A., serves as bankruptcy counsel to
the Debtor.
CELSIUS NETWORK: Customer Claims Bar Date Set for Jan. 3
--------------------------------------------------------
Sandali Handagama of Coin Desk reports the U.S. Bankruptcy Court
for the Southern District of New York has set a deadline for
customers to file proofs of claim in the Chapter 11 cases of
Celsius Network and its affiliated debtors.
At Celsius' behest, the Court requires customers to submit proofs
of claim on or before Jan. 3, 2023. Any person or entity --
including individuals, partnerships, corporations, joint ventures
and trusts -- are free to file a claim via mail, by hand or through
the claims agent Stretto's website.
Following a liquidity crunch that rattled the industry earlier this
year, Celsius filed for bankruptcy in July, just weeks after
freezing customer withdrawals.
Celsius also has requested the Bankruptcy Court to extend its
deadline for submitting a reorganization plan.
According to the report, Celsius' customers do not need to submit a
proof of claim if it falls into a number of categories listed in
the legal document, including if any claims had already been paid
by what remains of the company and if a similar form had already
been filed with the clerk of the bankruptcy court in New York.
The next hearing in the bankruptcy case is scheduled for Dec. 5.
About Celsius Network
Celsius Network LLC -- http://www.celsius.network/-- is a
financial services company that generates revenue through
cryptocurrency trading, lending, and borrowing, as well as by
engaging in proprietary trading.
Celsius helps over a million customers worldwide to find the path
towards financial independence through a compounding yield service
and instant low-cost loans accessible via a web and mobile app.
Celsius has a blockchain-based fee-free platform where membership
provides access to curated financial services that are not
available through traditional financial institutions.
The Celsius Wallet claims to be one of the only online crypto
wallets designed to allow members to use coins as collateral to get
a loan in dollars, and in the future, to lend their crypto to earn
interest on deposited coins (when they're lent out).
Crypto lenders such as Celsius boomed during the COVID-19 pandemic,
drawing depositors with high interest rates and easy access to
loans rarely offered by traditional banks. But the lenders'
business model came under scrutiny after a sharp sell-off in the
crypto market spurred by the collapse of major tokens terraUSD and
luna in May 2022.
New Jersey-based Celsius froze withdrawals in June 2022, citing
"extreme" market conditions, cutting off access to savings for
individual investors and sending tremors through the crypto
market.
The list of major crypto firms that have filed for bankruptcy
protection in 2022 now includes Celsius Network, Three Arrows
Capital and Voyager Digital.
Celsius Network, LLC and its subsidiaries sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Case
No.22-10964) on July 14, 2022. In the petition filed by CEO Alex
Mashinsky, the Debtors estimated assets and liabilities between $1
billion and $10 billion.
The Debtors tapped Kirkland & Ellis, LLP and Kirkland & Ellis
International, LLP as legal counsels; Centerview Partners, LLC as
investment banker; and Alvarez & Marsal North America, LLC as
financial advisor. Stretto is the claims agent and administrative
advisor.
On July 27, 2022, the U.S. Trustee appointed an official committee
of unsecured creditors. The committee tapped White & Case, LLP as
its bankruptcy counsel; Elementus Inc. as its blockchain forensics
advisor; M3 Advisory Partners, LP as its financial advisor; and
Perella Weinberg Partners, LP as its investment banker.
Shoba Pillay, Esq., is the examiner appointed in the Debtors'
Chapter 11 cases. Jenner & Block, LLP and Huron Consulting
Services, LLC serve as the examiner's legal counsel and financial
advisor, respectively.
CELSIUS NETWORK: Examiner Taps Godfrey & Kahn as Legal Counsel
--------------------------------------------------------------
Shoba Pillay, Esq., Chapter 11 examiner of Celsius Network, LLC and
its affiliates, seeks approval from the U.S. Bankruptcy Court for
the Southern District of New York to retain Godfrey & Kahn, S.C. as
his counsel.
The firm will render these services:
a. monitoring, reviewing and, where appropriate, objecting to
applications for fees and expenses filed by Retained
Professionals;
b. establishing measures to help the Court ensure that
compensation and expenses paid by the Estate are reasonable,
actual, and necessary under (1) Bankruptcy Code sections 329, 330
and 331, as applicable, (2) Rule 2016 of the Federal Rules of
Bankruptcy Procedure, (3) the Interim Compensation Order, and (4)
Local Bankruptcy Rule 2016-1 and the applicable guidelines for
compensation;
c. reviewing all interim and final Applications submitted
after the effective date of the Fee Examiner Order by the Retained
Professionals;
d. interposing objections to, and being heard in any hearing
or other proceedings to consider interim and final applications for
fees and reimbursement of expenses filed by Retained Professionals
to the extent permitted by the Bankruptcy Code;
e. serving objections to monthly statements, in whole or in
part, precluding the payment of the amount questioned;
f. preparing applications in connection with the Fee
Examiner's retention of other professionals and consultants to
assist the Fee Examiner in discharging his duties;
g. conducting discovery in the event of a contested matter
between the Fee Examiner and any Retained Professional;
h. negotiating with the Retained Professionals regarding
objections to interim and final fee applications and monthly
statements and consensually resolving such objections where
possible;
i. presenting reports, on a timely basis, to the Retained
Professionals with respect to the Fee Examiner's review of interim
and final fee applications before filing an objection to
applications for compensation;
j. filing summary reports with the Court on the Retained
Professionals' applications;
k. establishing guidelines and requirements for the
preparation and submission to the Fee Examiner of non-binding
budgets by Retained Professionals;
l. where necessary, attending meetings between the Fee
Examiner and the Retained Professionals; and
m. such other services as the Fee Examiner may request.
Godfrey & Kahn's hourly rates range from $325 to $795.
Katherine Stadler, a shareholder with Godfrey & Kahn, assured the
court that the firm is a "disinterested person" as that term is
defined in 11 U.S.C. Sec. 101(14).
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, Katherine
Stadler disclosed that:
-- it has not agreed to any variations from, or alternatives
to, its standard or customary billing arrangements for this
engagement;
-- none of the professionals included in the engagement vary
their rate based on the geographic location of the bankruptcy
case;
-- the firm has not represented the Examiner in the 12 months
prepetition; and
-- Godfrey & Kahn has provided a staffing plan. Going forward,
it will provide staffing plans and budgets for each four-month
interim fee period.
The firm can be reached through:
Katherine Stadler, Esq.
Godfrey & Kahn, S.C.
One East Main Street, Suite 500
Madison, WI 53703-3300
Tel: 608-284-2654
Fax: 608-257-0609
Email: kstadler@gklaw.com
About Celsius Network
Celsius Network LLC -- http://www.celsius.network/-- is a
financial services company that generates revenue through
cryptocurrency trading, lending, and borrowing, as well as by
engaging in proprietary trading.
Celsius helps over a million customers worldwide to find the path
towards financial independence through a compounding yield service
and instant low-cost loans accessible via a web and mobile app.
Celsius has a blockchain-based fee-free platform where membership
provides access to curated financial services that are not
available through traditional financial institutions.
The Celsius Wallet claims to be one of the only online crypto
wallets designed to allow members to use coins as collateral to get
a loan in dollars, and in the future, to lend their crypto to earn
interest on deposited coins (when they're lent out).
Crypto lenders such as Celsius boomed during the COVID-19 pandemic,
drawing depositors with high interest rates and easy access to
loans rarely offered by traditional banks. But the lenders'
business model came under scrutiny after a sharp sell-off in the
crypto market spurred by the collapse of major tokens terraUSD and
luna in May 2022.
New Jersey-based Celsius froze withdrawals in June 2022, citing
"extreme" market conditions, cutting off access to savings for
individual investors and sending tremors through the crypto
market.
The list of major crypto firms that have filed for bankruptcy
protection in 2022 now includes Celsius Network, Three Arrows
Capital and Voyager Digital.
Celsius Network, LLC and its subsidiaries sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Case
No.22-10964) on July 14, 2022. In the petition filed by CEO Alex
Mashinsky, the Debtors estimated assets and liabilities between $1
billion and $10 billion.
The Debtors tapped Kirkland & Ellis, LLP and Kirkland & Ellis
International, LLP as legal counsels; Centerview Partners, LLC as
investment banker; and Alvarez & Marsal North America, LLC as
financial advisor. Stretto, the claims agent and administrative
advisor, maintains the page https://cases.stretto.com/celsius
On July 27, 2022, the U.S. Trustee appointed an official committee
of unsecured creditors. The committee tapped White & Case, LLP as
its bankruptcy counsel; Elementus Inc. as its blockchain forensics
advisor; M3 Advisory Partners, LP as its financial advisor; and
Perella Weinberg Partners, LP as its investment banker.
Shoba Pillay, Esq., is the examiner appointed in the Debtors'
Chapter 11 cases. Jenner & Block, LLP and Huron Consulting
Services, LLC serve as the examiner's legal counsel and financial
advisor, respectively.
CHARLES DEWEESE: Taps Ritchie Bros., IronPlanet as Auctioneers
--------------------------------------------------------------
Charles Deweese Construction, Inc. seeks approval from the U.S.
Bankruptcy Court for the Western District of Kentucky to employ
Ritchie Bros. Auctioneers (America) Inc. and IronPlanet, Inc. as
its auctioneers.
The Debtor requires an auctioneer to market and sell certain
machinery, equipment and vehicles used in its construction
operations and those stored at its asphalt plant and gravel
quarry.
The firms will receive a 7 percent commission for their services,
to be calculated based on the gross sale price of each item or lot
sold at auction. Additionally, the firms may incur expenses and
seek reimbursement for costs associated with refurbishing and
preparing the equipment and vehicles for sale, and in such event
will add a charge equal to 10 percent of the costs incurred.
The firms will charge an administrative fee to the buyer of any lot
of Debtor's property equal to:
(a) 10 percent of any lot selling for US$12,000 or less;
(b) the lesser of $1,200.00 or 4.85 percent of any lot selling
between US$12,000.01 and US$75,000; or
(c) US$3,638 for any lot selling for more than US$75,000.01.
Matt Enssle, national sales director of Ritchie Bros, disclosed in
a court filing that the firm is a "disinterested person" within the
meaning of Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Matt Enssle
Ritchie Bros. Auctioneers (America) Inc.
IronPlanet, Inc.
4000 Pine Lake Road
Lincoln, NE 68516
Phone: 402-421-3631
Email: mattenssle@rbauction.com
About Community Eco Power
Community Eco Power, LLC and affiliates, Community Eco Pittsfield,
LLC and Community Eco Springfield, LLC, sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Mass. Lead Case
No. 21-30234) on June 25, 2021.
On the petition date, Community Eco Power disclosed up to $50,000
in assets and up to $10 million in liabilities. Affiliates,
Community Eco Pittsfield and Community Eco Springfield each
disclosed $1 million to $10 million in both assets and liabilities.
The petitions were signed by Richard Fish, president and chief
executive officer.
D. Sam Anderson, Esq., Adam R. Prescott, Esq., and Kyle D. Smith,
Esq. at Bernstein, Shur, Sawyer and Nelson, PA, serve as the
Debtor's legal counsel.
The U.S. Trustee for Region 1 appointed an official committee of
unsecured creditors in the Debtors' Chapter 11 cases. The
committee is represented by Dentons Bingham Greenebaum, LLP.
CHRIS PETTIT: Trustee Taps Luttrell & Carmody as Special Counsel
----------------------------------------------------------------
Eric Terry, the trustee appointed in the Chapter 11 cases of Chris
Pettit & Associates, PC and Christopher John Pettit, seeks approval
from the U.S. Bankruptcy Court for the Western District of Texas to
employ Luttrell + Carmody Law Group and Villa & White, LLP as their
special litigation counsel.
The firms will render these services:
a. assist and advise the estate relative to the overall
prosecution of the claims against Wells Fargo;
b. assist the estate in preparing such applications, motions,
memoranda, adversary proceedings, proposed orders and other
pleadings as may be required in support of positions taken by the
estate;
c. conduct such examination of witnesses and propound such
discovery as may be necessary to analyze, determine and prosecute
among other things, the estate's claim against Wells Fargo; and
d. analyze and determine the assets and financial condition of
the Debtor relative to the prosecution of the claims of the estate
against Well Fargo.
The firms will be paid the following amounts on any settlements,
monies, judgments or other consideration
-- 32.5 percent prior to the filing of a lawsuit;
-- 37.5 percent if collected after said filing of a lawsuit;
and
-- 42.5 percent if an appeal is required to a higher court.
Villa & White and Luttrell + Carmody Law will participate in the
fee-sharing arrangement. Villa & White will receive 40 percent of
the fees while Luttrell will receive the remaining 60 percent.
As disclosed in court filings, the firms are "disinterested" within
the meaning of Section 101(14) of the Bankruptcy Code.
The firms can be reached through:
Leslie M. Luttrell, Esq.
Luttrell + Carmody Law Group
One International
100 N.E. Loop 410, Suite 615
Tel: (210) 426-3605
Email: luttrell@LCLawGroup.net
-- and --
Morris E. White, III, Esq.
Villa & White, LLP
1100 NW Loop 410 #802
San Antonio, TX 78213
Tel: (210) 225-4500
Fax: (210) 212-4649
About Chris Pettit & Associates
Chris Pettit & Associates, PC, a personal injury law firm in Texas,
and principal Christopher John Pettit sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D. Texas Lead Case
No. 22-50591) on June 1, 2022. In the petition filed by Mr. Pettit,
the Debtors listed up to $50,000 in assets and up to $500,000 in
liabilities.
Judge Craig A. Gargotta oversees the cases.
Michael G. Colvard, Esq., at Martin & Drought, PC is the Debtors'
counsel.
Eric Terry, the trustee appointed in the Chapter 11 cases, tapped
Dykema Gossett, PLLC as bankruptcy counsel; Rogers Towers, PA as
Florida counsel; and Luttrell + Carmody Law Group and Villa &
White, LLP as litigation counsels.
COLLEEN E. CARTER-NEBLETT: Nov. 29 Brooklyn Property Sale Hearing
-----------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Georgia will
convene an initial telephonic hearing on Nov. 29, 2022, at 1:20
p.m., to consider Colleen Evelyn Carter-Neblett's bidding
procedures in connection with the sale of the real property
commonly known as 867 St. Marks Avenue, in Brooklyn, New York
11213, to Saint Marks Funding, LLC, subject to overbid.
Saint Marks will serve as the Initial Bidder, and will have an
opening credit bid of $2,125,000, plus (i) any amount paid by Saint
Marks for insurance premiums on the Property since April 13, 2022,
currently $2,502.96, and (ii) interest in an amount calculated
commencing Dec. 1, 2022, at the rate of $352.78 per diem.
The hearing will be held at the following number: toll-free number
833-568-8864; meeting id 161 706 9079.
The sale of the Property is to be free and clear of any and all
liens, claims, interests, and encumbrances, with these to attach to
the net proceeds generated from the sale of the Property.
Saint Marks will serve as the Initial Bidder. In the event that
the Opening Bid is not the winner at the Auction, Saint Marks will
accept the Opening Bid as its payoff for claims against the Debtor
and the Property.
The Debtor seeks to identify the highest and best offer for the
Property by subjecting the proposal of the Initial Bidder to
overbid at the Auction.
The salient terms of the Bidding Procedures are:
a. Bid Deadline: Dec. 12, 2022, at 5:00 p.m. (ET)
b. Initial Bid: An amount equal to or greater than the sum of
the Purchase Price payable by the Initial Bidder, plus cash in an
amount equal to $25,000
c. Auction: In the event the Debtor timely receives a
conforming Initial Overbid from a prospective purchaser, then the
Debtor will conduct an Auction with respect to the sale of the
Property on Dec. 15, 2022, beginning at 10:00 a.m. (ET), at the
offices of
counsel for the Debtor, Rountree Leitman Klein & Geer, LLC, Attn:
Elizabeth Childers, Century Plaza I, 2987 Clairmont Rd., Ste. 350,
Atlanta, Georgia 30329, or at such other location as may be
designated by the Debtor.
d. Bid Increments: $25,000
e. Closing: Jan. 6, 2023, before 12:00 p.m. (ET)
The Debtor also asks the Court to direct that offers made prior to
or at the Auction may not be withdrawn after they are made.
Lastly, the Debtor asks the Court to waive the automatic 14-day
stay following entry of order approving the sale under Bankruptcy
Rule 6004(h) and 6006(d) in order to permit it to consummate
immediately the sale of the Property.
Counsel for Debtor:
Elizabeth Childers, Esq.
William A. Rountree, Esq.
ROUNTREE LEITMAN KLEIN & GEER, LLC
Century Plaza I
2987 Clairmont Road, Suite 350
Atlanta, GA 30329
Telephone: (404) 584-1238
E-mail: wrountree@rlkglaw.com
echilders@rlkglaw.com
The bankruptcy case is In re: Colleen Evelyn Carter-Neblett, Case
20-71692-PMB (Bankr. N.D. Ga.).
COMPUTE NORTH: $5M Sale of CN Pledgor Interests in CN Borrower OK'd
-------------------------------------------------------------------
Judge Marvin Isgur of the U.S. Bankruptcy Court for the Southern
District of Texas authorized the sale of the 100% equity interests
owned by Debtor CN Pledgor LLC, an affiliate of Computer North
Holdings, Inc., in non-Debtor CN Borrower LLC, free and clear of
all liens, claims, and encumbrances, to GC Data Center Equity
Holdings, LLC, in accordance with the terms of their Purchase and
Sale Agreement, for $5 million, cash, plus the assumption by the
applicable Acquired Company of the Assumed Liabilities.
The releases provided in Order are authorized and approved in all
respects.
Subject to further order of the Court and the reservations as
included therein, the Debtors are authorized to assume the Assigned
Contracts and to assign them to the Purchaser without limiting any
Counterparty's rights under timely and unresolved Cure Disputes.
Unless otherwise agreed with the Purchaser, no employment or
benefits agreements will be assumed and assigned to the Purchaser.
The Sale is free and clear of any and all liens, claims,
encumbrances, and interests of any kind or nature whatsoever, with
any and all such valid or asserted liens, claims, encumbrances, and
interests, if any, upon the Closing, attaching solely to the
proceeds of the Sale.
The stay provided for in Bankruptcy Rules 6004(h) is reduced to the
extent necessary to permit closing of the sale of the Acquired
Interests. The Order will otherwise be effective immediately upon
its entry.
Notwithstanding anything to the contrary in the Order, absent
further order of the Court, including on an emergency basis, or the
consent of TZ Capital Holdings, LLC, the Debtors will not (i)
assume and assign contracts to the Purchaser pursuant to the Order
related to the operations of TZRC LLC or (ii) waive any
non-competition or similar restrictive covenant under section 6.13
of the Purchase and Sale Agreement with respect to any employees
that provide on-site services to TZRC LLC.
About Compute North Holdings
Computer North Holdings, Inc. -- https://www.computenorth.com/ --
is a crypto mining data center company. Compute North has four
facilities in the U.S. -- two in Texas and one in both South
Dakota
and Nebraska, according to its website.
While cryptocurrency prices skyrocketed during the pandemic (with
bitcoin surging by 300% in 2020), the Federal Reserve's decision
to
curb rising inflation by hiking interest rates has since ushered
in
some of the crypto market's biggest losses in history. After
amassing a record value above $3 trillion in November 2021, the
cryptocurrency market posted its worst first half ever --
plummeting more than 70% through July. Terra's luna token, a once
top cryptocurrency worth more than $40 billion, lost virtually all
its value within a week in May after sister token TerraUSD, a
stablecoin meant to hold a price of $1, broke its dollar peg as
markets collapsed.
Crypto lenders such as Celsius boomed during the COVID-19
pandemic,
drawing depositors with high interest rates and easy access to
loans rarely offered by traditional banks. But the lenders'
business model came under scrutiny after a sharp sell-off in the
crypto market spurred by the collapse of major tokens terraUSD and
luna in May 2022. New Jersey-based Celsius froze withdrawals in
June 2022, citing "extreme" market conditions, cutting off access
to savings for individual investors and sending tremors through
the
crypto market.
The list of major crypto firms that have filed for bankruptcy
protection in 2022 now include crypto lenders Celsius Network,
Three Arrows Capital, Voyager Digital, and crypto mining firm
Compute North.
Compute North Holdings and 18 affiliates sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Texas Lead
Case
No. 22-90273) on Sept. 22, 2022. In the petitions signed by Harold
Coulby, as authorized signatory, the Debtors reported assets and
liabilities between $100 million and $500 million.
Judge Marvin Isgur oversees the cases.
The Debtors tapped Paul Hastings, LLP as bankruptcy counsel;
Jefferies, LLC as investment banker; and Portage Point Partners as
financial advisor. Epiq Corporate Restructuring, LLC is the
claims,
noticing and solicitation agent.
On Oct. 6, 2022, the Office of the U.S. Trustee for Region 7
appointed an official committee of unsecured creditors in these
Chapter 11 cases. The committee tapped McDermott Will & Emery LLP
as its counsel.
CRANE MAN: Seeks Approval to Hire a Certified Public Accountant
---------------------------------------------------------------
Crane Man, Inc. seeks approval from the U.S. Bankruptcy Court for
the Southern District of West Virginia to employ a certified public
accountant.
The Debtor wishes to employ Eric Ayersman as CPA in the chapter 11
proceedings.
Mr. Ayersman will charge $375 per month to prepare the monthly
operating reports. This includes the compilation and preparation of
the monthly financials and other financial reporting related to the
monthly operating report.
Mr. Ayersman also requires a flat fee of $4,500 per annum for
review of records and preparation of state and federal tax
returns.
Mr. Ayersman assured the court that he has no interest adverse to
the Debtor or its estate.
Mr. Ayersman can be reached at:
Eric Ayersman, CPA
339 3rd Avenue Suite A
South Charleston, WV 25303
Phone: 304 744 8888
Email: eayersmancpa@suddenlink.net
About Crane Man
Crane Man, Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. W.Va. Case No. 2:22-bk-20172) on
November 8, 2022. In the petition signed by Stephen Clegg,
president, the Debtor disclosed up to $500,000 in both assets and
liabilities.
Andrew S. Nason, Esq., at Pepper and Nason, is the Debtor's
counsel.
DAVID A. GOLUPSKI: $425K Sale of Fort Myers Property Terminated
---------------------------------------------------------------
Judge Gregory L. Taddonio of the U.S. Bankruptcy Court for the
Western District of Pennsylvania terminated David A. Golupski and
Maureen Y. Golupski's sale by Special Warranty deed of the real
property described as 8205 Woodbridge Pointe Drive, in Fort Myers,
Florida 33912, to Thomas J. Lewis and Georgett A. Lewis for
$425,000.
The Lewises and the Debtors have agreed to terminate the sale that
the Court approved on Sept. 9, 2022.
The Contract is terminated.
The sole remaining issue to be decided by the Court is whether the
Lewises are entitled to the return of their $10,000 deposit ("Hand
Money") or whether the Debtors are entitled to retain it as
liquidated damages as a result of the termination of the Contract.
The Order is without prejudice to either party as to the Hand Money
in connection with the sale. Each party reserves their rights to
retain the Hand Money and/ or their defenses as to the forfeit the
Hand Money.
The Court will schedule an evidentiary hearing to resolve the sole
remaining issue.
The hearing on the Expedited Motion Seeking Clarification of the
Sale Order, scheduled for Nov. 3, 2022, at 11:00 a.m. is
cancelled.
David A. Golupski and Maureen Y. Golupski sought Chapter 11
protection (Bankr. W.D. Pa. Case No. 22-20324) on Feb. 24, 2022.
The Debtors tapped Donald Calaiaro, Esq., as counsel.
DIFFUSION PHARMACEUTICALS: Incurs $2.8M Net Loss in Third Quarter
-----------------------------------------------------------------
Diffusion Pharmaceuticals Inc. has filed with the Securities and
Exchange Commission its Quarterly Report on Form 10-Q disclosing a
net loss of $2.80 million for the three months ended Sept. 30,
2022, compared to a net loss of $12.20 million for the three months
ended Sept. 30, 2021.
For the nine months ended Sept. 30, 2022, the Company reported a
net loss of $11.51 million compared to a net loss of $20.62 million
for the nine months ended Sept. 30, 2021.
As of Sept. 30, 2022, the Company had $26.32 million in total
assets, $2.27 million in total current liabilities, and $24.05
million in total stockholders' equity.
"The Company has not generated any revenues from product sales and
has funded operations primarily from the proceeds of public and
private offerings of equity, convertible debt and convertible
preferred stock. Substantial additional financing will be required
by the Company to continue to fund its research and development
activities. No assurance can be given that any such financing will
be available when needed, or at all, or that the Company's research
and development efforts will be successful," Diffusion said.
"The Company regularly explores alternative means of financing its
operations and seeks funding through various sources, including
public and private securities offerings, collaborative arrangements
with third parties and other strategic alliances and business
transactions. The Company does not have any commitments to obtain
additional funds and may be unable to obtain sufficient funding in
the future on acceptable terms, if at all. If the Company cannot
obtain the necessary funding, it will need to delay, scale back or
eliminate some or all of its research and development programs or
enter into collaborations with third parties to commercialize
potential products or technologies that it might otherwise seek to
develop or commercialize independently; consider other various
strategic alternatives, including a merger or sale of the Company;
or cease operations. If the Company engages in collaborations, it
may receive lower consideration upon commercialization of such
products than if it had not entered such arrangements or if it
entered into such arrangements at later stages in the product
development process," the Company said.
A full-text copy of the Form 10-Q is available for free at:
https://www.sec.gov/ix?doc=/Archives/edgar/data/1053691/000143774922027266/dffn20220930_10q.htm
About Diffusion Pharmaceuticals
Diffusion Pharmaceuticals Inc. is an innovative biotechnology
company developing new treatments that improve the body's ability
to bring oxygen to the areas where it is needed most, offering new
hope for the treatment of life-threatening medical conditions.
Diffusion's lead drug TSC was originally developed in conjunction
with the Office of Naval Research, which was seeking a way to treat
hemorrhagic shock caused by massive blood loss on the battlefield.
Diffusion reported a net loss of $24.09 million in 2021, a net loss
of $14.18 million in 2020, and a net loss of $11.80 million in
2019. As of June 30, 2022, the Company had $29.18 million in total
assets, $2.52 million in total current liabilities, and $26.67
million in total stockholders' equity.
DIFFUSION PHARMACEUTICALS: Sees Notable Progress in Review Process
------------------------------------------------------------------
Diffusion Pharmaceuticals Inc. provided an update on its previously
announced review and evaluation of strategic opportunities and its
2022 annual meeting of stockholders to be held on Dec. 30, 2022.
Pursuing Clear Strategy Led by Board
As announced on Oct. 25, 2022, Diffusion's Board of Directors is
conducting a thorough evaluation of a comprehensive range of
strategic opportunities to enhance stockholder value, including a
sale, merger, divestiture, recapitalization or other strategic
transaction, expanding on the Company's previously disclosed
business development efforts.
Diffusion said it has made significant progress since publicly
announcing the strategic review process less than three weeks ago,
building upon efforts over the course of the past year to identify
a potential strategic transaction that will enhance value for
Diffusion stockholders in this period of challenging market
conditions. Since the Company's public announcement, its
management team has conducted meetings with multiple parties
representing a broad range of interests and diverse array of
potential transactions. Working together with its financial
advisor, Canaccord Genuity LLC, and legal advisor, Dechert LLP,
Diffusion is evaluating each interested party and opportunity in an
effort to identify the most compelling, value-enhancing transaction
for all stockholders. This includes assessing the potential for
both short- and long-term value through the continued development
of high potential therapies using the extensive skills and industry
experience of the Company's Board and management team.
The Company continues to believe that its lead product candidate,
TSC, has the potential to deliver benefits to patients,
particularly as an adjuvant treatment to standard of care therapy
for hypoxic solid tumors, like glioblastoma multiforme, as well as
long-term value for stockholders. However, the Company believes it
is in the interest of all Diffusion stockholders to seek a
near-term opportunity to leverage both the Company's cash position
and the significant skills and experience of its team to allow for
a more effective use of resources, unlock the potential for TSC and
enhance value for all Diffusion stockholders.
While the Company cannot provide any assurance as to the ultimate
outcome of this strategic review process, the Company reports that
it is in the active bidding stage and very encouraged by the
overall response to the announcement of the Strategic Review
Process. The Company's Board and management team are highly
motivated to complete this process as soon as possible.
Board Rejects Unsolicited Offer
Despite the Board's ongoing efforts, a group of stockholders
affiliated with LifeSci Capital (together with its affiliates and
representatives), which holds itself out as a boutique investment
bank focused on the life sciences industry, has embarked on a
campaign to capture for itself the significant value and potential
of the Company's assets at the expense of other stockholders.
Beginning in the late spring of this year, LifeSci approached the
Company about the possibility of pursuing unidentified potential
transactions with unidentified counterparties but refused to enter
into a customary non-disclosure agreement or identify the
principals on whose behalf it was supposedly acting. Then, on Oct.
16, 2022, a LifeSci representative presented the Diffusion Board
with an unsolicited offer to purchase Diffusion purportedly on
behalf of a LifeSci client.
The Diffusion Board of Directors, after deliberation and in
consultation with its advisors, and in the exercise of its
fiduciary duty to protect the interests of all Company
stockholders, rejected the offer as woefully inadequate. The Board
did, however, encourage LifeSci to join the ongoing strategic
review process. Rather than engaging in the competitive process
designed to enhance value for all Diffusion stockholders, LifeSci
once again refused to enter into the customary non-disclosure
agreement signed by other participants in the process and instead
went silent. Then, on Nov. 7, 2022, LifeSci notified the Company
that it plans to commence a proxy contest on its own behalf and
nominate its own slate of directors for election the 2022 Annual
Meeting, with the intention of requesting that stockholders vote to
replace Diffusion's "highly skilled and experienced directors with
nominees that the Company believes lack relevant industry expertise
and possess inferior skillsets to the current Board members."
While Diffusion remains open to engaging constructively with all
Company stockholders, including LifeSci, the Company believes
LifeSci is determined to pursue a costly and self-serving campaign,
the effect of which could undermine the strategic review process,
divert management's attention from expeditiously completing that
process and the Company's TSC development activities, and
ultimately destroy stockholder value. Nevertheless, the Diffusion
Board intends to vigorously oppose this effort by LifeSci and to
protect stockholder value.
2022 Annual Meeting
To, among other things, afford the Company more time to devote to
progressing the strategic review process in a manner best designed
to enhance stockholder value, the Board has determined that
Diffusion's 2022 Annual Meeting of stockholders will be held on
Dec. 30, 2022, approximately, two weeks later than previously
announced.
About Diffusion Pharmaceuticals
Diffusion Pharmaceuticals Inc. is an innovative biotechnology
company developing new treatments that improve the body's ability
to bring oxygen to the areas where it is needed most, offering new
hope for the treatment of life-threatening medical conditions.
Diffusion's lead drug TSC was originally developed in conjunction
with the Office of Naval Research, which was seeking a way to treat
hemorrhagic shock caused by massive blood loss on the battlefield.
Diffusion reported a net loss of $24.09 million in 2021, a net loss
of $14.18 million in 2020, and a net loss of $11.80 million in
2019. As of June 30, 2022, the Company had $29.18 million in total
assets, $2.52 million in total current liabilities, and $26.67
million in total stockholders' equity.
DIMPLES DENTAL: Seeks to Hire Comprehensive Business as Accountant
------------------------------------------------------------------
Dimples Dental Suite, PC seeks approval from the U.S. Bankruptcy
Court for the District of Columbia to employ Chris V. Banagan and
Comprehensive Business of Northern Virginia, LLC as its
accountant.
The Debtor requires an accountant to assist with budgeting and the
preparation of its monthly operating reports, financial projections
and federal and state tax returns.
The firm will charge $145 per hour for its services.
Comprehensive Business is a disinterested person as that term is
defined in the Bankruptcy Code, according to court filings.
The firm can be reached through:
Chris V. Banagan
Comprehensive Business of Northern Virginia, LLC
7633 Leesburg Pike, Suite 100
Falls Church, VA 22043
Tel: 703-448-1224
About Dimples Dental Suite
Dimples Dental Suite, PC filed a voluntary petition for relief
under Chapter 11, Subchapter V of the Bankruptcy Code (Bankr.
D.D.C. Case No. 22-00191) on Oct. 19, 2022, with up to $500,000 in
both assets and liabilities. Angela Shortall has been appointed as
Subchapter V trustee.
Judge Elizabeth L. Gunn oversees the case.
Frank Morris II, Esq., at The Law Firm of MorrisMargulies, LLC and
Comprehensive Business of Northern Virginia, LLC serve as the
Debtor's legal counsel and accountant, respectively.
DIOCESE OF ROCKVILLE: Gets Court Nod to File Sale Motion Under Seal
-------------------------------------------------------------------
Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern
District of New York authorized The Roman Catholic Diocese of
Rockville Centre, New York, to:
(a) publicly file a version of the Bidding Procedures and
Sale Motion with information relating to certain Related Contracts
redacted, and
(b) file an unredacted version of the Sale Motion under seal.
The unredacted Bidding Procedures and Sale Motion will be available
to (i) the Court, (ii) the counsel to the official committee of
unsecured creditors appointed in the case, (iii) the U.S. Trustee,
and (iv) counterparties to those certain Related Contracts with
confidentiality provisions; provided, that the unredacted copy of
the Bidding Procedures and Sale Motion provided to such
counterparties will contain redaction of any confidential provision
of another Related Contract directly referenced in the Bidding
Procedures and Sale Motion.
The unredacted Bidding Procedures and Sale Motion will not be made
available to any other party in interest or the general public
without further order of the Court unless the Debtor agrees to
provide a copy of the Bidding Procedures and Sale Motion to any
additional party subject to appropriate confidentiality
restrictions.
The Order is without prejudice to the rights of any party in
interest, or the United States Trustee, to seek to unseal the
Bidding Procedures and Sale Motion, or any part thereof. It will
be immediately effective and enforceable upon its entry.
About The Roman Catholic Diocese
of Rockville Centre, New York
The Roman Catholic Diocese of Rockville Centre, New York, is the
seat of the Roman Catholic Church on Long Island. The Diocese has
been under the leadership of Bishop John O. Barres since February
2017. The State of New York established the Diocese as a religious
corporation in 1958. The Diocese is one of eight Catholic dioceses
in New York, including the Archdiocese of New York. The Diocese's
total Catholic population is approximately 1.4 million, roughly
half of Long Island's total population of 3.0 million. The Diocese
is the eighth largest diocese in the United States when measured
by
the number of baptized Catholics.
The Roman Catholic Diocese of Rockville Centre, New York, filed a
Chapter 11 petition (Bankr. S.D.N.Y. Case No. 20-12345) on Sept.
30, 2020, listing as much as $500 million in both assets and
liabilities. Judge Martin Glenn oversees the case.
The Diocese tapped Jones Day as legal counsel, Alvarez & Marsal
North America, LLC, as restructuring advisor, and Sitrick and
Company, Inc., as communications consultant. Epiq Corporate
Restructuring, LLC is the claims agent.
The U.S. Trustee for Region 2 appointed an official committee of
unsecured creditors in the Diocese's Chapter 11 case. The
committee
tapped Pachulski Stang Ziehl & Jones, LLP and Ruskin Moscou
Faltischek, PC as its bankruptcy counsel and special real estate
counsel, respectively.
Robert E. Gerber, the legal representative for future claimants of
the Diocese, is represented by the law firm of Joseph Hage
Aaronson, LLC.
DYNOTEC INDUSTRIES: November 29 Hearing on Sale of Operating Assets
-------------------------------------------------------------------
Judge Kesha L. Tanabe of the U.S. Bankruptcy Court for the District
of Arizona will convene a hearing on Nov. 29, 2022, at 10:00 a.m.,
to consider DynoTec Industries, Inc.'s sale of operating assets to
Dynotec Industries Acquisition Group, LLC.
A Purchase Agreement was entered into between Jay Van Loon and the
Debtor on Sept. 21, 2022. A hearing to tentatively approve the
sale and set procedures for higher bids as provided in the Plan was
set to be heard on Oct. 19, 2022. That hearing was continued until
October 26 and then to Nov. 3, 2022.
In the meantime, A new Purchase agreement between the Debtor and an
affiliate of Jay Van Loon, Dynotec Industries Acquisition Group,
LLC, was entered into on Oct. 31, 2022. Based on that new purchase
agreement, on Nov. 2, 2022, the motion was amended and the hearing
continued until Nov. 19, 2022.
The Reorganized Debtor will be filing the results of any auction
prior to the hearing on this motion no later than the time set for
that hearing. The Buyer has asked for the closing to be held as
soon as possible. The sale has been delayed based on the need for
continuances for a variety of reasons.
The notice of motion will provide 11 days-notice to all parties in
interest.
About DynoTec Industries, Inc.
DynoTec Industries, Inc. was founded in 2007 as a transmission
repair and refurbishing shop in Shakopee, Minnesota. DynoTec's
100%
owner is Timothy Lundquist. Typically, the business does from
between $2,000,000 and $3,000,000 in sales per year. The business
has grown and changed over the years and now primarily caters to
commercial clients.
DynoTec sought protection under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Minn. Case No. 21-30803) on May 14, 2021. In the
petition signed by Timothy Lundquist, president, the Debtor
disclosed $1,285,850 in assets and $4,398,498 in liabilities.
Judge Kathleen H. Sanberg oversees the case.
Sapienta Law Group is the Debtor's counsel.
EASCO BOILER: Creditors to Get Proceeds From Liquidation
--------------------------------------------------------
Easco Boiler Corp. filed with the U.S. Bankruptcy Court for the
Southern District of New York a Disclosure Statement for Chapter 11
Plan of Liquidation dated November 22, 2022.
Easco is a New York Sub-Chapter S corporation with its headquarters
in the Bronx, New York. It was founded in 1926 and is the oldest
minority owned and operated steel boiler and tank manufacturer in
the country.
Easco is the sole member and 100% owner of Leggett Real Estate
Holdings, LLC ("Leggett" and together with Easco, the "Debtors").
Leggett is a Delaware limited liability company that owns the real
property known and numbered as 1173-1175 Leggett Avenue, Bronx, New
York (the "Leggett Property"). Easco is also the sole member and
100% owner of another single purpose real estate owning entity,
1173 Real Estate Holdings, LLC ("Grinnell").
Easco's primary assets are personal property of approximately $1.3
million, consisting primarily of accounts receivable ($215,239.31),
and certain mobile units, trailers, trucks and vans ($1,050,000).
Under the Plan, its confirmation shall constitute the authorization
for, and approval of, Easco's sale and transfer of the Grinnell
Membership Interest, free and clear of all Liens and Interests,
except as otherwise provided therein concerning the rights of the
Lender, to 1140/530 Equity, LLC ("Equity"), a non-debtor affiliate
and owner of the Randall Property, or its designee for the sum of
$1,500,000.00 subject to the terms and provisions of the Plan.
Equity will conduct a sale of the Randall Property, using the
proceeds to fund the purchase of Grinnell Membership Interest, a
condition for the Plan to become effective.
Given the Lender's Lien on the Grinnell Membership Interest, the
Net Grinnell Proceeds will be used to reduce the Lender Claim. On
the Effective Date, or as soon as reasonably practicable
thereafter, the Plan Administrator shall reserve from the Grinnell
Proceeds the amounts estimated to be necessary for the Carve-Out.
The Carve-Out of the proceeds of the sale of the Grinnell
Membership Interest will be provided to pay Allowed Administrative
Expense Claims, Allowed Priority Claims, the Administrator Fund,
and the U.S. Trustee Fees, subject to the terms of the Plan, with
the Net Grinnell Proceeds being paid to Lender as soon as
reasonably practicable on or after the Effective Date.
Further, as provided in the Plan, the Net Grinnell Proceeds shall
be added to the Remaining Assets for the benefit of holders of
General Unsecured Claims if the Lender Claim is paid in full from
the Leggett Proceeds and/or from any portion of the Net Grinnell
Proceeds, in either case if and to the extent senior Claims are
paid in full.
On August 1, 2022, Easco filed a motion to sell certain tangible
and intangible property free and clear of Liens under section
363(f) of the Bankruptcy Code, subject to counterbids. Two
qualifying counterbids were timely submitted. Consequently, an
auction was conducted on August 15, 2022. The highest and best bid
was that of Supreme Boilers, Inc. in the amount of $1,700,000.00.
On August 19, 2022 the Court entered an Order Authorizing the Sale
of Certain Tangible and Intangible Properties to Supreme Boilers,
Inc. for the purchase price of $1,700,000. This sale closed on
August 25, 2022.
The total general unsecured claims under Schedule F is
approximately $1,200,000.00. As provided for in the Plan, the
holders of General Unsecured Claims shall receive payment in amount
equal to the holder's pro rata share of the then available
Distribution Amount, if any.
Class 6 consists of the Allowed General Unsecured Claims against
Easco. Each holder of an Allowed Class 6 General Unsecured Claim
shall receive in Cash an amount equal to that holder's pro rata
share of the then available Distribution Amount, if any.
Notwithstanding the foregoing, each holder of a Class 6 General
Unsecured Claim may receive such other less favorable treatment as
may be agreed upon by such holder and Easco. Class 6 is Impaired
under the Plan.
Class 7 consists of the holder of all Interests in Easco. The
holder of the Class 7 Interest will neither receive nor retain
anything on account of such Interest in Easco. On the Effective
Date, all Interests shall be cancelled, extinguished, and
discharged. Class 7 is Impaired under the Plan.
As discussed in the Plan, the anticipated plan funding sources for
proposed distributions and other payments under the Plan, as of and
after the Effective Date, are as follows:
* Available Cash on hand (approximately $3,000,000.00,
including the Sale Proceeds).
* The Remaining Assets (defined to include proceeds from (x)
any Avoidance Action, (y) remaining tangible unsold assets, if any,
and (z) any claim related to recovery of accounts receivable).
* The Sale Proceeds (approximately $2,800,000.00 already
counted above for available Cash).
* The Grinnell Proceeds (approximately $1,500,000.00 in
connection with the transfer and sale of the Grinnell Membership
Interest to Equity or its designee). Such proceeds will be from the
sale by Equity of the Randall Property to pay for the Grinnell
Membership Interest.
* The Carve-Out ($500,000.00) to be deducted from the Grinnell
Proceeds for payment of Administrative Expense Claims (including
Professional Fee Claims, if needed), Priority Claims, the
Administrator Fund, and the U.S. Trustee Fees (if needed). The
total for the priority portions of the IRS Claim, the NYS Tax
Claim, the NYS Department of Labor Tax Claim, the Union Claim, and
the employee wages is approximately $638,268.00.
The Bankruptcy Court already approved the three Easco Sale
Transactions (the IP Asset Sale, the Surplus Asset Sale, and the
Mobile Boiler Sale), and the closings already took place. The total
sale proceeds from the three Sale Transactions is approximately
$2,800,000.00.
A full-text copy of the Disclosure Statement dated November 22,
2022, is available at https://bit.ly/3Uergty from PacerMonitor.com
at no charge.
Counsel for Easco Boiler:
Alan L. Braunstein, Esq.
RIEMER & BRAUNSTEIN LLP
Times Square Tower, Suite 2506, Seven Times Square
New York, NY 10036
100 Cambridge Street, 22nd Floor
Boston, MA 02114
Tel: (617) 880-3516
E-mail: abraunstein@riemerlaw.com
About Easco Boiler
Founded in 1926, Easco Boiler Corp. is the oldest minority owned
and operated steel boiler and tank manufacturer in the country.
Easco Boiler and affiliate, Leggett Real Estate Holdings, LLC,
filed petitions under Chapter 11 of the Bankruptcy Code (Bankr.
S.D.N.Y. Lead Case No. 22-10881) on June 27, 2022. In their
petitions, Easco Boiler listed up to $10 million in assets and up
to $50 million in liabilities while Leggett Real Estate Holdings
listed as much as $50 million in both assets and liabilities. Tyren
Eastmond, president, signed the petitions.
Judge James L. Garrity, Jr. oversees the cases.
The Debtors tapped Riemer & Braunstein, LLP as legal counsel and
ASI Advisors, LLC as financial advisor.
EMMANUEL HEALTH: Seeks to Hire John Coggin as Accountant
--------------------------------------------------------
Emmanuel Health Homecare, Inc. seeks approval from the U.S.
Bankruptcy Court for the Southern District of Texas to employ John
F. Coggin, a Texas-based certified public accountant.
The accountant will assimilate the data necessary to prepare the
corporate and state tax returns, payroll taxes, prepare Monthly
Operating Reports, any other business services directly related to
these proceedings.
Mr. Coggin will charge the following rates:
-- a flat fee of $1,200 for preparing IRS Tax Form 1120 and the
Texas franchise tax return;
-- a flat fee of $650 for preparing the Texas long form;
-- a monthly fee of $1,200 for monthly accounting, bank
reconciliations and financials;
-- a monthly fee of $500 for preparing Monthly Operating Reports;
and
-- $200 per hour for consulting, which includes all expenses
relative to the completion of the service or document.
Mr. Coggin assured the court that he represents no interest adverse
to the Debtor or its estate in the matters upon which he will be
engaged by the Debtor.
Mr. Coggin can be reached at:
John F. Coggin, CPA
700 Milam St., Suite 1300
Houston, TX 77002
Phone: (713) 408-1318
E-mail: john@jcoggincpa.com
About Emmanuel Health Homecare
Emmanuel Health Homecare, Inc., is a home health care services
provider in Houston, Texas. The company is a small business debtor
as defined in 11 U.S.C. Section 101(51D).
Emmanuel Health Homecare filed a voluntary petition for relief
under Chapter 11 of the Bankruptcy (Bankr. S.D. Tex. Case No.
22-33207) on Oct. 28, 2022. In the petition signed by Joyce Jones,
R.N., CEO, the Debtor disclosed under $1 million in both assets and
liabilities.
Judge Christopher M. Lopez oversees the case.
The Debtor tapped Margaret Maxwell McClure, Esq., as bankruptcy
counsel.
ERIKA BLOOM: Seeks to Hire Narissa A. Joseph as Legal Counsel
-------------------------------------------------------------
Erika Bloom Pilates Plus LLC seeks approval from the U.S.
Bankruptcy Court for the Southern District of New York to employ
the Law Office of Narissa A. Joseph as its legal counsel.
The firm will render these legal services:
(a) consult with the Debtor concerning the administration of
the case;
(b) investigate the Debtor's past transactions, commence
actions with respect to its avoiding powers under the Bankruptcy
Code; and advise the Debtor with respect to transactions entered
into during the pendency of this case;
(c) assist the Debtor in the formation of a Chapter 11 plan;
and
(d) perform any and all such other legal services as may be
required by the Debtor in the interest of the estate.
The firm will be paid at these rates:
Partners $350 to $400 per hour
Associates $275 to $300 per hour
Clerks and paraprofessionals $75 to $100 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Narissa Joseph, Esq., the owner of the Law Office of Narissa A.
Joseph, disclosed in a court filing that the firm is a
"disinterested person" as that term is defined in Section 101(14)
of the Bankruptcy Code.
The firm can be reached through:
Narissa A. Joseph, Esq.
Law Office of Narissa A. Joseph
305 Broadway Suite 1001
New York, NY 10007
Telephone: (212) 233-3060
Email: njosephlaw@aol.com
About Erika Bloom Pilates Plus
Erika Bloom Pilates Plus LLC in New York, NY, filed its voluntary
petition for Chapter 11 protection (Bankr. S.D.N.Y. Case No.
22-11194) on September 4, 2022, listing $16,273 in assets and
$2,572,434 in liabilities. Erika K. Bloom as president, signed the
petition.
Law Office of Narissa A. Joseph serve as the Debtor's legal
counsel.
EXWORKS CAPITAL: Gets OK to Hire R M Brlas CPA as Expert Witness
----------------------------------------------------------------
Exworks Capital, LLC received approval from the U.S. Bankruptcy
Court for the District of Delaware to employ R M Brlas CPA, LLC.
The Debtor requires an expert witness in connection with its
pending litigation against its former management and others in the
case captioned ExWorks Capital LLC and World Trade Finance, LLC v.
Abrams, et al., Case No. 20 CH 06538.
The firm will charge these hourly fees:
Managing Directors $450 - $625
Directors and Managers $300 - $425
Senior Analysts $150 - $275
Analysts/Paraprofessionals $75 - $150
As disclosed in court filings, R M Brlas CPA is a "disinterested
person" within the meaning of Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Robert M. Brlas
R M Brlas CPA LLC
10421 Via Lombardia Ct
Fort Myers, FL 33913
Phone: (216) 970-4140
About Exworks Capital
ExWorks Capital, LLC, a company engaged in financial investment
activities, filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. D. Del. Case No. 22-10213) on March 14,
2022, listing up to $500,000 million in assets and up to $10
million in liabilities. David M. Klauder serves as Subchapter V
trustee.
Judge Brendan Linehan Shannon oversees the case.
The Debtor tapped Baker & Hostetler, LLP as bankruptcy counsel and
King & Spalding, LLP as special counsel.
FAST RADIUS: Bid Deadline Set for Dec. 5
----------------------------------------
Fast Radius, Inc. received approval on November 14, 2022 from the
United States Bankruptcy Court for the District of Delaware for its
proposed sale and marketing procedures, including a bid deadline of
December 5, 2022. The Company is in active discussions with one or
more potential partners and continues to explore and evaluate
strategic alternatives, including from newly interested parties.
"We are pleased to have received approval of the bid procedures.
This allows us to finish marketing our business and our
first-of-its-kind Cloud Manufacturing Platform on an expedited
timeline while continuing to serve our customers without
interruption," said Lou Rassey, Co-Founder and CEO of Fast Radius.
"We are excited to continue existing discussions and initiate new
ones with potential strategic investors, partners and acquirers as
we move through this process."
The bid procedures specifically allow for a stalking horse bidder,
if any, to be named by November 23, 2022 and establish a bid
deadline of December 5, 2022. The bid deadline will be followed by
an auction on December 7 and a target close on December 12, 2022.
Interested parties may contact Lincoln International for additional
information at fastradiusinfo@lincolninternational.com.
About Fast Radius
Fast Radius, Inc. (Nasdaq: FSRD) -- https://www.fastradius.com/ --
is a cloud manufacturing and digital supply chain company in
Chicago, Ill.
Fast Radius, Inc. and affiliates, Fast Radius Operations, Inc. and
Fast Radius PTE Ltd., sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Lead Case No. 22-11051) on
Nov. 7, 2022. In the petition signed by Patrick McCusker,
authorized signatory, Fast Radius, Inc. disclosed $69.3 million in
assets and $55.2 million in liabilities.
The Debtors tapped DLA Piper LLP (US) and Bayard, P.A. as legal
counsel; Lincoln Partners Advisors, LLC as investment banker;
Alvarez & Marsal North, America, LLC as financial advisor; and
Stretto, Inc. as claims, administrative, solicitation, and
balloting agent.
The U.S. Trustee for Region 3 has appointed an official committee
of unsecured creditors in the Chapter 11 cases of Fast Radius, Inc.
and its affiliates. Potter Anderson & Corroon LLP serves as the
committee's counsel.
FAST RADIUS: Gets OK to Hire Stretto as Claims & Noticing Agent
---------------------------------------------------------------
Fast Radius, Inc. and its debtor-affiliates received approval from
the U.S. Bankruptcy Court for the District of Delaware Stretto,
Inc. as their claims and noticing agent.
Stretto will oversee the distribution of notices and will assist in
the maintenance, processing and docketing of proofs of claim filed
in the Chapter 11 cases of the Debtors.
Stretto will bill the Debtors no less frequently than monthly.
The hourly rates of Stretto's professionals are as follows:
Consultant $70 - $200
Director/Managing Director $210 - $250
Solicitation Associate $230
Director of Securities & Solicitations $250
Sheryl Betance, a senior managing director at Stretto, disclosed in
a court filing that her firm is a "disinterested person" as that
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Sheryl Betance
Stretto, Inc.
410 Exchange, Ste. 100
Irvine, CA 92602
Telephone: (714) 716-1872
Email: sheryl.betance@stretto.com
About Fast Radius
Fast Radius, Inc., is a cloud manufacturing and digital supply
chain company.
Fast Radius sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr.D. Del. Case No. 22-11051) on Nov. 7, 2022.
In the petition signed by Patrick McCusker, authorized signatory,
the Debtor disclosed $69.329 million in assets and $55.212 in
liabilities.
The Debtor tapped DLA Piper LLP (US) as legal counsel, Bayard, P.A.
as co-counsel, Lincoln Partners Advisors LLC as investment banker,
Alvarez & Marsal North, America, LLC as financial advisor, and
Stretto, Inc. as claims, administrative, solicitation, and
balloting agent.
FLAVORWORKS INC: Commences Subchapter V Bankruptcy Case
-------------------------------------------------------
FLAVORWORKS INC: Starts Subchapter V Bankruptcy Case
Flavorworks Inc. filed for Chapter 11 protection in the U.S.
Bankruptcy Court for the Southern District of New York. The Debtor
elected on its voluntary petition to proceed under Subchapter V of
chapter 11 of the Bankruptcy Code.
According to court filings, Flavorworks Inc. estimates $1 million
to $10 million in debt owed to between 1 and 49 creditors. The
petition states that funds will be available to unsecured
creditors.
A Sec. 341(a) Meeting of Creditors is set for Dec. 14 at 1:00 p.m.
at the Office of the United States Trustee via teleconference.
About Flavorworks Inc.
Flavorworks Inc. is in the food manufacturing business.
Flavorworks Inc. filed a petition for relief under Subchapter V of
Chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y. Case No.
22-11524) on November 17, 2022. In the petition filed by Rocco
Dispirito, as president, the Debtor reported assets and liabilities
between $1 million and $10 million.
The Debtor is represented by:
Avrum J. Rosen, Esq.
Law Offices of Avrum J. Rosen, PLLC
511 Avenue of the Americas #367
New York, NY 10011
FLOWER ONE: BC Supreme Court Grants Meeting Order Under CCAA
------------------------------------------------------------
Flower One Holdings Inc. ("Flower One" or the "Canadian Company"),
the Canadian parent company of the leading cannabis cultivator and
producer in Nevada, on Nov. 26 disclosed that the Supreme Court of
British Columbia (the "Court") has granted an order (the "Meeting
Order") which, among other things, authorizes the Canadian Company
and its Canadian subsidiaries Flower One Corp. and FO Labour
Management Ltd. (collectively, the "Canadian Companies") to present
a plan of compromise, arrangement and reorganization (the "Plan")
of the Canadian Companies to their affected creditors at a meeting
(the "Meeting") on December 19, 2022 at 2:00 p.m. PST.
Provided the Plan receives the requisite approvals at the Meeting
and by the Court, and is implemented in accordance with its terms:
(i) affected creditors of the Canadian Companies will receive a
distribution in accordance with the Plan, and (ii) Flower One will
cease to own the US operations and the Canadian Companies will
cease to have any assets, with the expectation that they will each
make an assignment into bankruptcy. Accordingly, Flower One will
not remain compliant with securities laws and regulations that are
applicable to public issuers and is expected to be de-listed from
the CSE and to be ceased traded under applicable Canadian
securities laws. The Plan does not provide for any distributions to
shareholders of Flower One on account of their equity interests.
During this time, the US operations of Flower One are expected to
continue in the ordinary course and without interruption.
As previously reported, PricewaterhouseCoopers Inc. has been
appointed to act as the Canadian Companies' monitor under the CCAA
(in such capacity, the "Monitor"). A copy of the Plan, Meeting
Order and Meeting materials, including a Notice of Meeting, may be
found on the Monitor's website at
https://www.pwc.com/ca/en/services/insolvency-assignments/flower-one/meeting-materials.html.
Any affected creditor wishing to attend the Meeting or vote on the
Plan, should review the meeting materials. In order to attend the
Meeting, affected creditors must contact the Monitor before 9:00 am
on December 19, 2022, as set out in the Notice of Meeting.
Further information regarding the CCAA proceedings can be obtained
by contacting the Monitor via email at ca_flowerone@pwc.com or on
the Monitor's website: https://www.pwc.com/ca/FONE. Stakeholders
are encouraged to review the Monitor's website, including the Plan,
for more information.
About Flower One Holdings Inc.
Flower One (CSE: FONE) (FSE: F11) -- https://flowerone.com -- is
the largest cannabis cultivator, producer, and full-service brand
fulfillment partner in the state of Nevada. By combining more than
20 years of greenhouse operational excellence with best-in-class
cannabis operators, Flower One offers consistent, reliable, and
scalable fulfillment to a growing number of industry-leading
cannabis brands (Cookies, Kiva, Old Pal, Heavy Hitters, Lift
Ticket's, HUXTON, and Flower One's leading in-house brand, NLVO,
and more). Flower One currently produces a wide range of products
from flower, full-spectrum oils, and distillates to finished
consumer packaged goods, including a variety of: pre-rolls,
concentrates, edibles, topicals, and more for top-performing brands
in cannabis. Flower One's Nevada footprint includes its flagship
facility, a 400,000 square-foot high-tech greenhouse and 55,000
square-foot production facility, as well as a second site with a
25,000 square-foot indoor cultivation facility and commercial
kitchen. Flower One has built an industry-leading team focused on
making high-quality cannabis accessible to all.
The Canadian Company's common shares are traded on the Canadian
Securities Exchange under the Canadian Company's symbol "FONE", and
on the Frankfurt Stock Exchange under the symbol "F11".
FRONT SIGHT: Bankruptcy Court Confirms Ch.11 Reorganization Plan
----------------------------------------------------------------
PrairieFire on Nov. 22 disclosed that the United States Bankruptcy
Court for the District of Nevada confirmed the Chapter 11 plan of
reorganization under which PrairieFire will acquire 100% of the
equity of Front Sight Management, LLC. The Bankruptcy Court is
expected to issue a final order officially consummating the change
in ownership in early December. At that time, PrairieFire will take
over operations of the former Front Sight facility in Pahrump,
Nevada, and change its name to PrairieFire Nevada.
The plan of reorganization received broad support from Front
Sight's creditors and membership, and provides a favorable recovery
to every constituency of creditors and substantial future benefits
to the former Front Sight members. PrairieFire plans to continue
the training and range activities and to make substantial capital
improvements to the 550-acre facility in Southern Nevada, all with
the expectation of making it the Home of American Shooting.
Bill Wilson, Chief Executive Officer of PrairieFire Nevada,
explained, "The PrairieFire mission is simple – create the finest
shooting facility in the world, and establish the pre-eminent
shooting destination experience. We will continue to work closely
with the former Front Sight members, employees, local residents,
and Nye County officials in building the home of American shooting
sports where members can explore, develop, and grow."
PrairieFire's sister company, Stagecoach Outpost, LLC, will lead
the development of the site's 550 acres of real estate. The
destination will include an expansive lifestyle residential and RV
community. Todd Reid, Stagecoach Outpost's Chief Executive Officer
added, "Stagecoach Outpost plans to invest heavily in the
location's real estate, lodging and hospitality assets. This site
provides the ideal location to develop a community embodying the
spirit of the American frontier. The Pahrump Valley is beautiful,
it has great weather, and it is framed by magnificent mountains on
all sides. We are also grateful to be situated near a community of
people who share our values – not to mention the entertainment
capital of the world is just down the road. Our vision is to
establish Stagecoach Outpost as the American community for those
who want a bold, adventure-seeking lifestyle. It is a place to live
the frontier spirit that resides in many Americans."
During the bankruptcy process, PrairieFire benefited from the broad
support of Nye County officials. Debra Strickland, Nye County
Commissioner for District 5 commented, "We are thrilled to welcome
PrairieFire as they transform the former Front Sight facility, with
significant capital and talent, into a one-of-a-kind, national
destination in Nye County and Pahrump. This is a big win for
Southern Nevada. We expect this to energize the community and
provide a tremendous boost to the local economy."
The Bankruptcy Court is expected to enter the order confirming the
plan in the coming days, after which PrairieFire will complete its
acquisition of Front Sight.
About PrairieFire
PrairieFire is building the home to a true American sport. It
believes there is greatness in every person and people are stronger
by coming together to share experiences and push past boundaries.
PrairieFire's unique training method will cater to everyone, from
first-time gun owners to seasoned shooters. Its thrilling shooting
experiences, designed by elite military veterans, will leave every
member with a big smile, new-found confidence, and a renewed joy in
the sport of shooting. This past Fall, PrairieFire successfully
debuted its shooting championships with the world's largest
shooting prizes for law enforcement and amateurs.
About Front Sight Management
Front Sight Management LLC specializes in providing courses in gun
training, self-defense martial arts training, and personal safety
-- with firearms or without.
Front Sight filed a voluntary petition for under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Nev. Case No. 22-11824) on May 24,
2022. In the petition signed by Ignatius Piazza, manager, the
Debtor disclosed up to $50 million in both assets and liabilities.
Judge August B. Landis oversees the case.
The Debtor tapped Steven T. Gubner, Esq., at BG Law LLP as
bankruptcy counsel; Greenberg Traurig, LLP as special counsel;
Province, LLC as financial advisor; and Lucas Horsfall as
accountant. Stretto, Inc. is the claims, noticing and solicitation
agent.
FS DIP, LLC, as DIP agent, is represented by Samuel A. Schwartz,
Esq., and Bryan A. Lindsey, Esq., at Schwartz Law, PLLC.
FTX TRADING: Bankruptcy Court Approves First Day Motions
--------------------------------------------------------
FTX Trading Ltd. (d.b.a. FTX.com), and approximately 101 additional
affiliated companies (together, the "FTX Debtors"), on Nov. 22
disclosed that the U.S. Bankruptcy Court for the District of
Delaware (the "Delaware Federal Court") granted interim and final
approvals for all of the "First Day" motions related to the FTX
Debtors' Chapter 11 petitions filed on November 11, 2022.
John J. Ray III said, "With the Court's approvals of our First Day
motions, we are moving forward as expeditiously as possible in our
efforts to maximize value for all FTX stakeholders. We will
continue working to implement necessary controls, and secure and
marshal the Company's assets. As we review the business, we have
already begun receiving interest from potential buyers for our
assets and we will conduct an orderly process to reorganize or sell
FTX assets around the world for the benefit of stakeholders."
Additional Resources
The FTX Debtors have established Kroll as its claims agent, and all
official documents filed with the Delaware Federal Court can be
found online at https://cases.ra.kroll.com/FTX/.
Advisors
The FTX Debtors are represented by Sullivan & Cromwell LLP as legal
counsel and are assisted by Alvarez & Marsal North America, LLC as
financial advisor and Perella Weinberg Partners LP as investment
banker.
About FTX Group
FTX is the world's second-largest cryptocurrency firm. FTX is a
cryptocurrency exchange built by traders, for traders. FTX offers
innovative products including industry-first derivatives, options,
volatility products and leveraged tokens.
Then CEO and co-founder Sam Bankman-Fried said Nov. 10, 2022, that
FTX paused customer withdrawals after it was hit with roughly $5
billion worth of withdrawal requests.
Faced with liquidity issues, FTX on Nov. 9 struck a deal to sell
itself to its giant rival Binance, but Binance walked away from the
deal the next day amid reports on FTX regarding mishandled customer
funds and alleged US agency investigations.
At approximately 4:30 a.m. on Nov. 11, Bankman-Fried ultimately
agreed to step aside, and restructuring vet John J. Ray III was
quickly named new CEO.
FTX Trading Ltd (d/b/a FTX.com), West Realm Shires Services Inc.
(d/b/a FTX US), Alameda Research Ltd. and certain affiliated
companies then commenced Chapter 11 proceedings (Bankr. D. Del.
Lead Case No. 22-11068) on an emergency basis on Nov. 11, 2022.
Additional entities sought
Chapter 11 protection on Nov. 14, 2022. A total of 102 entities
related to FTX have filed for Chapter 11 protection.
FTX Trading and its affiliates each listed $10 billion to $50
million in assets and liabilities, making FTX the biggest
bankruptcy filer in the US this year. According to Reuters, CEO
Bankman-Fried shared a document with investors on Nov. 10 showing
FTX had $13.86 billion in liabilities and $14.6 billion in assets.
However, only $900 million of those assets were liquid, leading to
the cash crunch that ended with the company filing for bankruptcy.
Financial Times says the largest portion of those liquid assets
listed on a FTX international balance sheet dated Nov. 10 was $470
million of Robinhood shares owned by a vehicle not listed in the
bankruptcy filing.
The Hon. John T. Dorsey is the case judge.
Andrew G. Dietderich, James L. Bromley, Brian D. Glueckstein and
Alexa J. Kranzley at Sullivan & Cromwell LLP in New York, serve as
the Debtors' counsel.
Adam G. Landis, Kimberly A. Brown and Matthew R. Pierce at LANDIS
RATH & COBB LLP in Wilmington serve as local bankruptcy counsel to
FTX Group.
Alvarez & Marsal North America, LLC, is the Debtors' financial
advisor.
Kroll is the claims agent, maintaining the page
https://cases.ra.kroll.com/FTX/Home-Index
Lawyers at Paul Weiss represent Mr. Bankman-Fried.
HEALTHE INC: Trustee Selling De Minimis Assets to West for $10K
---------------------------------------------------------------
David W. Carickhoff, the Chapter 7 trustee of the estate of
Healthe, Inc., filed with the U.S. Bankruptcy Court for the
District of Delaware a notice of proposed sale procedures in
connection with the sale to West Cypress Avenue LLC for $10,000 of
de minimis assets of the Debtor, consisting of the following:
a. All of the Debtor's right, title and interest in and to all
remaining unsold inventory and personal property currently stored
at the Atlanta, GA warehouse of the Debtor's third-party logistics
provider Gebruder Wiess, including the unsold inventory listed
on Exhibit A.
b. All of the Debtor's right, title and interest in and to any
intellectual property relating to circadian rhythm lighting
including, but not limited to, all intellectual property owned,
licensed, held or associated with SunTrac, Healthe, Inc., any and
all controlling software including any and all source code,
application, and Apple Developer license, and other trademarks,
patents, copyrights, know how, and all goodwill associated with any
such intellectual property. For the avoidance of doubt, the
intellectual property being sold pursuant thereto does not include
any "Acquired Intellectual Property" or the "Acquired Causes of
Action" previously sold to the SMR Trust u/a/d/ 12/12/13 or
Lighting Sciences Group Corp. pursuant to the (a) Order Approving
Sale of Certain of the Debtor's Assets to the SMR revocable Trust
(II) Approving Assumption and Assignment of Certain Assumed
Contracts; (III) Authorizing Consummation of Sale Transaction (IV)
Granting Related Relief [Docket No. 119] or (b) Order (I) Approving
the Sale of Certain of the Debtor's Intellectual Property to
Lighting Science Group Corp.; (II) Authorizing Consummation of a
Sale Transaction; and (III) Granting Related Relief.
The Purchaser previously purchased certain of the Debtor's assets
pursuant to the Order (I) Approving the Sale of Certain of the
Debtors Inventory to West Cypress Avenue LLC;(II) Authorizing
Consummation of a Sale Transaction; and (III) Granting Related
Relief.
The Trustee is not aware of any liens or encumbrances on the De
Minimis Assets.
The Purchaser has agreed to pay an aggregate purchase price of
$10,000 for the De Minimis Assets. The Trustee proposes to sell
the De Minimis Assets to the Purchaser free and clear of all liens,
claims or encumbrances therein, but otherwise on an "as is" and
"where is" basis, without any representations or warranties of any
kind.
The Purchaser acknowledges that the Trustee (i) has not performed
an inventory or inspection of the De Minimis Assets and makes
no representations or warranties regarding the existence,
condition, value, or count of the De Minimis Assets and (ii) will
have no liability nor any obligation to indemnify or reimburse the
Buyer or otherwise adjust the purchase price for any reason based
upon its subsequent inspection and/or inventory of the De Minimis
Assets. It will also be responsible for any fees and expenses
arising on or after Nov. 1, 2022, associated storing, maintaining,
removing and/or shipping the De Minimis Assets.
A copy of the Exhibit A is available at
https://tinyurl.com/5b3syy3s from PacerMonitor.com free of charge.
About Healthe Inc.
Healthe, Inc., UVC technology company Healthe, Inc., filed a
chapter 7 petition (Bankr. D. Del. Case No. 21-11567) on Dec. 10,
2021. David W. Carickhoff serves as the Chapter 7 Trustee and is
represented by Bryan J. Hall and Alan M. Root at ARCHER & GREINER,
P.C., in Wilmington. The Debtor disclosed $12.2 million in assets
(including nearly 100 UV technology patents) and $15 million in
unsecured claims, of which more than half is owed to an insider.
HELIX FITNESS: Seeks Approval to Hire Murphy & King as Counsel
--------------------------------------------------------------
Helix Fitness, Inc. seeks approval the U.S. Bankruptcy Court for
the District of Massachusetts to employ Murphy & King, Professional
Corporation as its bankruptcy counsel.
The firm will render these services:
a. advise the Debtors with respect to their rights, powers and
duties as debtors-in-possession in the continued operation and
management of their businesses;
b. advise the Debtors with respect to any plan of
reorganization and any other matters relevant to the formulation
and negotiation of a plan or plans of reorganization in these
cases;
c. represent the Debtors at all hearings and matters
pertaining to their affairs as debtors and debtors-in-possession;
d. prepare, on the Debtors' behalf, all necessary and
appropriate applications, motions, answers, orders, reports, and
other pleadings and other documents, and review all financial and
other reports filed in these Chapter 11 cases;
e. advise the Debtors with respect to, and assisting in the
negotiation and documentation of, financing agreements, debt and
cash collateral orders and related transactions;
f. review and analyze the nature and validity of any liens
asserted against the Debtors' property and advising the Debtors
concerning the enforceability of such liens;
g. advise the Debtors regarding their ability to initiate
actions to collect and recover property for the benefit of their
estates;
h. advise and assist the Debtors in connection with the
potential sale of the Debtors' assets;
i. advise the Debtors concerning executory contract and
unexpired lease assumptions, lease assignments, rejections,
restructurings and recharacterization of contracts and leases;
j. review and analyze the claims of the Debtors' creditors,
the treatment of such claims and the preparation, filing or
prosecution of any objections to claims;
k. commence and conduct any and all litigation necessary or
appropriate to assert rights held by the Debtors, protect assets of
the Debtors' Chapter 11 estates or otherwise further the goal of
completing the Debtors' successful reorganization other than with
respect to matters to which the Debtors retain special counsel;
and
l. perform all other legal services and providing all other
ecessary legal advice to the Debtors as debtors-in-possession which
may be necessary in the Debtors' bankruptcy proceeding.
Murphy & King 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.
The firm received a retainer in the amount of $25,000, plus $1,738
filing fee.
Andrew Lizotte, partner of Murphy & King, Professional Corporation,
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.
Murphy & King can be reached at:
Andrew Z. Lizotte, Esq.
Murphy & King, Professional Corporation
One Beacon Street 21st Floor
Boston, MA 02108
Tel: 617 226-3414
Fax: 617 305-0614
E-mail: agl@murphyking.com
About Helix Fitness
Helix Fitness Inc. is engaged in the sale of fitness equipment. The
Debtor sought protection under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Mass. Case No. 22-11609) on November 7, 2022. In
the petition signed by Leonard Snyderman, president, the Debtor
disclosed up to $500,000 in assets and up to $10 million in
liabilities.
Andrew G. Lizotte, Esq., at Murphy and King, Professional
Corporation, represents the Debtor as counsel.
HERO NUTRITIONALS: Taps Circustown, Whipstitch as Brokers
---------------------------------------------------------
Hero Nutritionals, LLC seeks approval from the U.S. Bankruptcy
Court for the Central District of California to employ Circustown
Advisors, LLC and Whipstitch Capital to market for sale its
physical assets.
The firms will render these services:
a. work with the Debtor to define an appropriate transaction
strategy;
b. identify potential candidates for the Debtor and make
initial contacts with such candidates;
c. advise and assist in the analysis and evaluation of all
offers and, if the Debtor believes a transaction is desirable,
develop a general negotiation strategy for accomplishing the
transaction; and
d. assist in negotiations.
The brokers will be paid as follows:
a. The brokers will be paid a minimum of $400,000 of the sale
proceeds at closing.
-- Circustown will perform the Services as an independent
contractor (and not as agent of the Debtor) on a month-to-month
basis. Circustown is working in partnership with Whipstitch and
shall be compensated by the Debtor in a 25 percent/75 percent
ratio. At the closing of a transaction, Circustown will be paid a
sale fee in cash equal to $100,000 and will be reimbursed for all
reasonable out-of-pocket expenses. A commission shall be paid only
if a transaction closes. The Debtor’s motion will contain an
overbid procedure.
-- Whipstitch. Whipstitch will perform the Services as an
independent contractor (and not as agent of the Debtor) on a
month-to-month basis. Whipstitch is working in partnership with
Circustown and shall be compensated by the Debtor in a 75
percent/25 percent ratio. At the closing of a transaction,
Whipstitch will be paid a sale fee in cash equal to $300,000 and
will be reimbursed for all reasonable out-of-pocket expenses. A
commission shall be paid only if a transaction closes. The
Debtor’s motion will contain an overbid procedure.
As disclosed in court filings, Circustown and Whipstitch are
"disinterested" within the meaning of Section 101(14) of the
Bankruptcy Code.
The brokers can be reached through:
Kenneth A. Miller
Circustown Advisors, LLC
4411 Bee Ridge Road, #164
Sarasota, FL 34233
Email: kmiller@guardiancapitaladvisors.com
-- and --
Nicolas McCoy
Wellness Partners, LLC
d/b/a Whipstitch Capital
1253 Worcester Road, Temple Place, Suite 403,
Framingham, MA 01701
Tel: 508-875-8787
Email: nick@whipstitchcapital.com
About Hero Nutritionals
Hero Nutritionals, LLC, a company in Santa Ana, Calif., sought
protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
C.D. Calif. Case No. 22-11383) on Aug. 17, 2022, with up to $50
million in assets and up to $10 million in liabilities. Jennifer
Leigh Hodges, chief executive officer, signed the petition.
Judge Scott C. Clarkson oversees the case.
David M. Goodrich, Esq., at Golden Goodrich, LLP is the Debtor's
counsel.
JOHN V. GALLY: Proposed Sale of 2 Winslow Real Properties Approved
------------------------------------------------------------------
Judge Daniel P. Collins of the U.S. Bankruptcy Court for the
District of Arizona authorized The John V. Gally Family Protective
Trust Inc. to sell the following real properties:
a. located at 406 W Mahoney St., Winslow, AZ 86047, Navajo
County Assessor Parcel No. 103-14-122; and
b. located at 310 E. 3rd St, Winslow, AZ 86047, Navajo County
Assessor Parcel No. 103-17-105.
The Court approved the sales of the properties on the terms set
forth in the Supplemental Memorandum. The Debtor is authorized and
directed to take all actions and execute all documents reasonably
necessary to consummate the sales.
No real estate brokerage commissions may be paid in connection with
the sales of the properties.
Absent further Court order, any funds received by the Debtor from
the sales of the properties (excluding ordinary and reasonable
closing costs paid out of escrow) will be used solely to fund
payments required under any plan of reorganization that may
subsequently be confirmed in the case. However, the Debtor will
not be required to place the funds in a sequestered account. Thus,
pending confirmation of a Chapter 11 plan or further Court order,
the Debtor must maintain an operating account balance that is no
less than the total amount of all payments received in connection
with the sales of the properties.
A hearing on the Motion was held on Oct. 27, 2022, at 10:30 a.m.
About The John V. Gally Family
Protective Trust Inc.
The John V. Gally Family Protective Trust Inc., a domestic
business
trust in Ariz., filed a voluntary petition for relief under
Subchapter V of Chapter 11 of the Bankruptcy Code (Bankr. D. Ariz.
Case No. 22-05770) on Aug. 30, 2022. In the petition signed by
Caryn K. Mangisi, trustee, the Debtor disclosed between $1 million
and $10 million in both assets and liabilities. James E. Cross of
the Cross Law Firm, PLC was appointed as Subchapter V trustee.
The Debtor tapped Bradley David Pack, Esq., at Engelman Berger, PC
as counsel; Stephens & Company, PLLC as accountant; Resolute
Commercial Services, LLC as valuation expert; and Hunter, Humphrey
& Yavitz, PLC as litigation and appellate counsel.
LAFORTA - GESTAO: Exclusivity Period Extended to Dec. 13
--------------------------------------------------------
LaForta - Gestao e Investmentos Sociedade Unipessoal LDA obtained
an order from the U.S. Bankruptcy Court for the Southern District
of Texas extending the exclusivity period to file a Chapter 11 plan
to Dec. 13 and solicit votes on the plan to Feb. 12 next year.
About La Forta - Gestao e Investmentos
Laforta - Gestao E Investimentos Sociedade Unipessoal LDA is a
private limited liability company organized under the laws of
Portugal. LaForta is one of three "sister" companies wholly owned
by Offshore Drilling Holding S.A. that hold a single
ultra-deepwater semi-submersible drilling rig. LaForta owns La
Muralla IV, a 10-year old, sixth-generation, ultra-deepwater
semi-submersible drilling rig, while its sister companies own the
rigs Centenario GR and the Bicentenario. ODH is one business among
several Mexico-based companies wholly or indirectly owned by ODH's
ultimate owners.
LaForta - Gestao e Investmentos sought protection under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Texas Case No. 22-90126),
with between $50 million and $100 million in assets and between $1
billion and $10 billion in liabilities. CRO David Weinhoffer signed
the petition.
Jackson Walker, LLP and Clifford Chance US, LLP serve as the
Debtor's bankruptcy counsel and corporate counsel, respectively.
Stretto, Inc. is the claims agent.
LEADING LIFE SENIOR: Commences Chapter 11 Bankruptcy
----------------------------------------------------
Leading Life Senior Living, Inc., the owner of two municipal-bond
financed memory care homes in Oklahoma, filed bankruptcy.
According to Bloomberg Law, the Debtor said its former facilities
manager withdrew more than $400,000 from the owner's accounts.
Leading Life Senior Living is a Texas-based non-profit. Bloomberg
Law relates the Debtor borrowed more than $30 million through the
Oklahoma Development Finance Authority in 2017 to finance the
purchase of the facilities in Oklahoma City and Edmond. The
non-profit also owes more than $3 million in accrued and unpaid
interest on the bonds. Leading Life listed $10 million to $50
million in both assets and liabilities. The Debtor said it owes
debt to between 50 and 99 creditors. The petition states that
funds will not be available to unsecured creditors.
About Leading Life Senior Living Inc.
Leading Life Senior Living, Inc., owns two municipal-bond financed
memory care homes in Oklahoma. Leading Life Senior Living filed a
petition for relief under Chapter 11 of the Bankruptcy Code (Bankr.
N.D. Tex. Case No. 22-42784) on November 18, 2022. In the petition
filed by Joseph V. Pegnia of GlassRatner Advisory & Capital Group,
LLC d/b/a B. Riley Advisory Services, acting as the Debtor's chief
restructuring officer, the Debtor reported assets and liabilities
between $10 million and $50 million each.
The Debtor is represented by:
Rachael L. Smiley, Esq.
FERGUSON BRASWELL FRASER KUBASTA PC
1475 Rolling Links Drive
Milton, GA 30004
LTL MANAGEMENT: Exclusivity Period Extended to Dec. 21
------------------------------------------------------
The U.S. Bankruptcy Court for the District of New Jersey extended
the time LTL Management, LLC can keep exclusive control of its
Chapter 11 case, giving the company until Dec. 21 to file a
bankruptcy plan and until Feb. 21 next year to solicit votes on
that plan.
Originally, the company was due to file a plan by Nov. 17 and
solicit votes by Jan. 16 next year.
The ruling follows an agreement between LTL and the official
committee representing talc claimants to extend the exclusivity
periods after the court adjourned to Dec. 20 the hearing on the
company's motion to extend its exclusive right to file a plan and
the committee's motion to terminate such right.
In its motion, LTL argued it needs more time to prepare a plan to
exit bankruptcy while it waits for the court-appointed expert to
file his report regarding estimation of the current and future talc
claims against the company. LTL asked the court to extend the
exclusive filing period to the first business day that is 30 days
after the filing of the expert report.
Meanwhile, the talc claimants' committee pressed the court to
terminate the exclusivity periods so it can file a competing plan.
About LTL Management
LTL Management, LLC, is a subsidiary of Johnson & Johnson (J&J),
which was formed to manage and defend thousands of talc-related
claims and oversee the operations of Royalty A&M. Royalty A&M owns
a portfolio of royalty revenue streams, including royalty revenue
streams based on third-party sales of LACTAID, MYLANTA/MYLICON and
ROGAINE products.
LTL Management filed a petition for Chapter 11 protection (Bankr.
W.D.N.C. Case No. 21-30589) on Oct. 14, 2021. The case was
transferred to New Jersey (Bankr. D.N.J. Case No. 21-30589) on Nov.
16, 2021. The Hon. Michael B. Kaplan is the case judge. At the
time of the filing, the Debtor was estimated to have $1 billion to
$10 billion in both assets and liabilities.
The Debtor tapped Jones Day and Rayburn Cooper & Durham, P.A., as
bankruptcy counsel; King & Spalding, LLP and Shook, Hardy & Bacon
LLP as special counsel; McCarter & English, LLP as litigation
consultant; Bates White, LLC as financial consultant; and
AlixPartners, LLP as restructuring advisor. Epiq Corporate
Restructuring, LLC, is the claims agent.
An official committee of talc claimants was formed in the Debtor's
Chapter 11 case on Nov. 9, 2021. On Dec. 24, 2021, the U.S.
Trustee for Regions 3 and 9 reconstituted the talc claimants'
committee and appointed two separate committees: (i) the official
committee of talc claimants I, which represents ovarian cancer
claimants, and (ii) the official committee of talc claimants II,
which represents mesothelioma claimants.
The official committee of talc claimants I tapped Genova Burns LLC,
Brown Rudnick LLP, Otterbourg PC and Parkins Lee & Rubio LLP as its
legal counsel. Meanwhile, the official committee of talc claimants
II is represented by the law firms of Cooley LLP, Bailey Glasser
LLP, Waldrep Wall Babcock & Bailey PLLC, Massey & Gail LLP, and
Sherman Silverstein Kohl Rose & Podolsky P.A.
About Johnson & Johnson
Johnson & Johnson is an American multinational corporation founded
in 1886 that develops medical devices, pharmaceuticals, and
consumer packaged goods. It is the world's largest and most broadly
based healthcare company.
Johnson & Johnson is headquartered in New Brunswick, New Jersey,
the consumer division being located in Skillman, New Jersey. The
corporation includes some 250 subsidiary companies with operations
in 60 countries and products sold in over 175 countries.
The corporation had worldwide sales of $82.6 billion in 2020.
LUCIEN H. MARIONEAUX JR: Trustee Pushes Danny Auction of MAG Assets
-------------------------------------------------------------------
John W. Luster, the Chapter 11 trustee for the bankruptcy estate of
Lucien Harry Marioneaux, Jr., asks the U.S. Bankruptcy Court for
the Western District of Louisiana to authorize him to sell the
estate's interest in the following Marioneaux Auto Group, LLC
assets at public auction to the highest and best bidder: (1) 2017
Ford 350 Truck; (2) 2010 ZR1 Corvette automobile; (3) 2002 F350
Ford Truck; (4) 1987 Lincoln limousine; (5) 2000 Harley Davidson
(motorcycle); (6) 2002 Harley Davidson (motorcycle); (7) 1999 Buell
(motorcycle); (8) 360 Bultaco Astro (motorcycle); (9) 250 Bultaco
Astro (motorcycle); (10) 360 Bultaco Astro (motorcycle - frame
only); (11) 2020 KTM EXC-F500 (motorcycle); (12) 2012 TSST; (13)
2012 Mercury Motor; (14) 2012 Tracker (boat); (15) 2000 Yamaha
Motor; and (16) 2013 Express (boat).
Pilotage Holdings, LLC is a Texas limited liability company and the
Debtor was the sole member and manager of Pilotage at the time of
the filing of his petition. The Trustee took action pursuant to
law and substituted himself, on behalf of bankruptcy estate, as the
sole member and manager of Pilotage.
Based upon records available to the Trustee, Pilotage owns 50% of
the membership interests of Marioneaux Auto Group, LLC ("MAG") and
the Succession of Lucien H. Marioneaux owns 50% of the membership
interests of MAG. The Trustee has taken action pursuant to law as
manager of Pilotage, and the Succession has taken action as the
owner of 50% of the membership interest in MAG, and executed a
unanimous consent providing that MAG is managed by its member
Pilotage.
By virtue of his authority over Pilotage, the Trustee believes he
(with the consent of the Succession as the other member of MAG) has
the authority to sell the MAG Assets owned by MAG. He seeks
authority to sell them at public auction to the highest and best
bidder. There are no procedures or agreements that limit
competitive bidding and no interim arrangements with any party.
The entire net amount of cash proceeds from each item will be
transmitted to MAG.
The successful bidder will pay a buyer's premium of 6% of the bid.
The premium will be paid directly to the auctioneer as the
auctioneer's fee and is not property of the bankruptcy estate or
MAG.
There are no known lienholders for any of the MAG Assets. The sale
will be "as is, where is," with typical provisions found in sale
orders for auctions.
The Trustee proposes to engage Danny Lawler of Lawler Auction Co.,
a licensed and bonded auctioneer with extensive experience in
auctions and specific experience in the auction of vehicles and
equipment. The Auctioneer will conduct the auction in a manner to
reach a wide audience of prospective bidders.
The Auctioneer will conduct an online only internet auction that
will begin to close on Dec. 15, 2022 beginning at 6:30 p.m. (local
time), beginning with Lot 1, and with each subsequent lot closing
approximately 10 seconds behind the other, however if a last minute
(or "sniper bid") is placed on an item, the system will
automatically extend the bidding out approximately 2 minutes each
time a bid is placed, giving other bidders an opportunity to
increase their bids.
The Auctioneer may at its discretion link alike items together to
where alike items will close at the same time. It will be entitled
to a commission of 10% of the selling price on all items plus a
buyer's premium of 15% that will be collected from the winning
bidders. The Trustee proposes that the buyer's premium which will
not be considered property of the bankruptcy estate or MAG and will
be paid without further Court approval as costs pursuant to Section
506(c) of the Bankruptcy Code.
The Trustee further prays that the order approving this Motion
provides that the Louisiana Department of Motor Vehicles and the
Louisiana Department of Wildlife and Fisheries, as may be
applicable, be ordered to issue a new title certificate in the name
of the successful bidders for each asset sold.
The Trustee notes for the Court and parties in interest that he has
agreed to allow the Debtor to retain possession until further
notice of the 2016 Mercedes CLS63 automobile owned by MAG. He has
insured that vehicle. The Trustee has notified the Debtor through
his counsel that the Debtor must maintain that vehicle and must
deliver it to the Trustee if and when requested.
The MAG Assets will produce cash for MAG and the sales proceeds
will be deposited in the MAG account. Upon information and belief,
the MAG Assets are the only remaining assets of MAG with any value.
The Trustee contemplates that at the appropriate time MAG will be
dissolved (or merged with Pilotage) and the proceeds from the sale
of the MAG Assets will ultimately be an asset of the bankruptcy
estate. Therefore, he submits that that he has established the
business justification for the sale of the MAG Assets and that this
Motion should be approved.
The Trustee submits that the notice of the Motion is adequate
justification for entry of an order approving the Motion and
waiving the 14 days waiting period under Bankruptcy Rule 6004(h) so
that purchasers of the assets will be able to immediately secure
the property purchased.
The Chapter 11 case is In re: Lucien Harry Marioneaux, Jr.,
Chapter 11, Debtor, Case No. 21-10421 (Bankr. W.D. La.).
MBMK PROPERTY: Commences Subchapter V Bankruptcy Case
-----------------------------------------------------
MBMK Property Holdings LLC filed for Chapter 11 protection in the
U.S. Bankruptcy Court for the Eastern District of Pennsylvania.
The Debtor elected on its voluntary petition to proceed under
Subchapter V of Chapter 11 of the Bankruptcy Code.
According to court filings, MBMK Property Holdings LLC estimates $1
million to $10 million in debt owed to between 1 and 49 creditors.
The petition states that funds will be available to unsecured
creditors.
A meeting of creditors under 11 U.S.C. section 341(a) is set to be
held on Jan. 6, 2023, at 10:00 a.m. The meeting will be a
telephonic / video conference.
About MBMK Property Holdings LLC
MBMK Property Holdings LLC is a limited liability company in
Pennsylvania. MBMK Property Holdings LLC filed a petition for
relief under Subchapter V of Chapter 11 of the Bankruptcy Code
(Bankr. E.D. Pa. Case No. 22-13121) on Nov. 21, 2022. In the
petition filed by Mohsin Khawaja, as secretary and member, the
Debtor reported assets and liabilities between $1 million and $10
million each.
MBMK Property Holdings, LLC previously filed for bankruptcy (Bankr.
E.D. Pa. Case No. 21-10332) on Feb. 10, 2021. At the behest of the
United States Trustee, the case was dismissed by the Hon. Magdeline
D. Coleman on Jan. 25, 2022.
Judge Coleman presides over the 2022 case.
In the 2022 case, the Debtor is represented by:
Robert B. Eyre, Esq.
LAW OFFICES OF FOEHL & EYRE
7014 Pennsylvania Avenue
Upper Darby, PA 19082
METRO SERVICE: Committee Seeks to Hire Steffes Firm as Counsel
--------------------------------------------------------------
The official committee of unsecured creditors of Metro Service
Group, Inc. seeks approval from the U.S. Bankruptcy Court for the
Eastern District of Louisiana to retain The Steffes Firm, LLC to
serve as its legal counsel in its Chapter 11 case.
The hourly rates charged by the firm's attorneys and staff are as
follows:
William E. Steffes $450 per hour
Noel Steffes Melancon $375 per hour
Barbara B. Parsons $375 per hour
Paralegals $100 per hour
Law Clerks $100 per hour
Of Counsel:
Arthur A. Vingiello $425 per hour
Gary K. McKenzie $425 per hour
Barry W. Miller $425 per hour
As disclosed in the court filings, The Steffes Firm does not hold
interests adverse to the Debtor's estate and is a disinterested
person, qualified to represent the Debtor under Section 327(a) of
the Bankruptcy Code.
The firm can be reached through:
William E. Steffes, Esq.
The Steffes Firm, LLC
13702 Coursey Blvd., Building 3
Baton Rouge, LA 70817
Tel: 225-751-1751
Email: bsteffes@steffeslaw.com
About Metro Service Group
Metro Service Group, Inc. sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. E.D. La. Case No. 22-11197) on Oct. 6,
2022, with $10 million to $50 million in both assets and
liabilities. Judge Meredith S. Grabill oversees the case.
The Debtor tapped Heller, Draper & Horn, LLC as bankruptcy counsel;
Davillier Law Group, LLC and Irpino Law Firm, LLC as special
counsel; and Wharton CPA, LLC as accountant.
David Asbach, Acting U.S. Trustee for Region 5, appointed an
official committee of unsecured creditors on Nov. 2, 2022. The
committee is represented by The Steffes Firm, LLC.
MIDWEST M & D: Seeks to Tap Johnson Legal Group as Special Counsel
------------------------------------------------------------------
Midwest M & D Services, Inc. seeks approval from the U.S.
Bankruptcy Court for the Central District of Illinois to employ
Johnson Legal Group, LLC as special counsel.
The firm will pursue potential causes of action of the Debtor in
appropriate courts, including but not limited to contempt of the 11
U.S.C. Sec. 362 automatic stay provision, for alleged conduct
by Matthew Porter and associated entities.
The firm also represents Douglas Hanabarger and Dawn Hanabarger
personally -- both of whom are insiders and employees of the Debtor
-- in the litigation involving Porter.
The fees and costs incurred by the firm in the special counsel
representation of the Debtor would be the responsibility of Douglas
and Dawn Hanabarger personally, and not the responsibility of the
Debtor.
The firm can be reached through:
Cindy M. Johnson, Esq.
Johnson Legal Group LLC
140 S. Dearborn Street, Suite 1510
Chicago, IL 60603
Phone: 312-345-1306
Fax: 312-345-1308
Email: CJohnson@JNLegal.net
About Midwest M & D Services
Midwest M & D Services, Inc. filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. C.D. Ill.
Case No. 20-81102) on Nov. 2, 2020. At the time of the filing, the
Debtor estimated $100,001 to $500,000 in assets and $500,001 to $1
million in liabilities. Judge Thomas L. Perkins oversees the
case.
The Debtor tapped Sumner A. Bourne, Esq., at Rafool & Bourne, PC as
legal counsel and CliftonLarsonAllen LLP as accountant.
MOBITEK LLC: Seeks to Hire David A. Ray as Bankruptcy Counsel
-------------------------------------------------------------
Mobitek, LLC seeks approval from the U.S. Bankruptcy Court for the
Southern District of Florida to hire David A. Ray, P.A. as its
counsel.
The firm's services include:
(a) advising the Debtor with respect to its responsibilities
in complying with the United States Trustee's Guidelines and
Reporting Requirements and with the rules of the bankruptcy court;
(b) preparing legal papers;
(c) protecting the interests of the Debtor in all matters
pending before the court; and
(d) representing the Debtor in negotiations with its creditors
and in the preparation and confirmation of a Chapter 11 plan.
The firm received a retainer in the amount of $20,000.
David Ray, Esq., the firm's owner and the primary attorney in this
engagement, will be billed at his hourly rate of $425.
In addition, the firm will seek reimbursement for expenses
incurred.
Mr. Ray disclosed in a court filing that his firm is a
"disinterested person" as that term is defined in Section 101(14)
of the Bankruptcy Code.
The firm can be reached through:
David A. Ray, Esq.
David A. Ray, PA
303 Southwest 6th Street
Fort Lauderdale, FL 33315
Telephone: (954) 399-0105
Email: dray@draypa.com
About Mobitek LLC
Mobitek, LLC filed its voluntary petition for relief under Chapter
11 of the Bankrutpcy Code (Bankr. S.D. Fla. Case No. 22-18538) on
Nov. 1, 2022. The petition was signed by Fadi Jaafar as manager. At
the time of filing, the Debtor estimated $47,320 in assets and
$1,054,423 in liabilities.
Judge Robert A. Mark presides over the case.
David A. Ray, Esq. at David A. Ray, P.A. represents the Debtor as
its counsel.
MODERN ART GROUP: Dec. 13 Hearing on Exclusivity Extension Bid
--------------------------------------------------------------
The U.S. Bankruptcy Court for the District of New Jersey is set to
hold a hearing on Dec. 13 to consider the motion filed by Modern
Art Group, Inc. to extend the period during which only the company
can file a Chapter 11 plan.
The motion seeks to extend the company's exclusivity period to file
a plan of reorganization to May 2 next year.
Modern Art Group will use the extension to negotiate with creditors
to resolve their claims against the company.
About Modern Art Group
Modern Art Group Inc. sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. D.N.J. Case No. 22-15413) on July 5, 2022,
with up to $100,000 in both assets and liabilities. Judge Stacey L.
Meisel oversees the case.
The Law Offices of Alla Kachan P.C. serves as the Debtor's legal
counsel.
NELSON BROTHERS: Seeks to Hire Benesch as Legal Counsel
-------------------------------------------------------
Nelson Brothers West Seneca Investor Units, LLC seeks approval from
the U.S. Bankruptcy Court for the Western District of New York to
employ Benesch, Friedlander, Coplan & Aronoff, LLP as its
bankruptcy counsel.
The firm's services include:
a. advising the Debtor of its rights, powers, and duties in
the operation and management of its business and property;
b. assisting in the preparation of the Debtor's schedules of
assets and liabilities and statements of financial affairs;
c. attending meetings and negotiating with representatives of
creditors and other parties in interest;
d. preparing legal documents and reviewing all financial
reports to be filed with the court;
e. negotiating with taxing authorities, if necessary;
f. negotiating with the Debtor's secured and unsecured
creditors;
g. negotiating with Eden Heights of West Seneca Operating,
LLC, a New York limited liability company, as master tenant, and
Premier Senior Living, LLC as the operator of the facility and the
related guarantors;
h. representing the Debtor in proceedings and hearings;
i. taking all necessary action to protect and preserve the
Debtor's estate, including the prosecution of action on the
Debtor's behalf, the defense of any actions commenced against the
Debtor, negotiations in connection with any litigation in which the
Debtor is involved, and objections to claims filed against the
Debtor's estate;
j. reviewing the nature and validity of liens asserted against
the Debtor's property and advising the Debtor concerning the
enforceability of such liens;
k. advising the Debtor concerning the actions that it might
take to collect and recover property for the benefit of its
estate;
l. advising the Debtor with respect to assumption or rejection
of executory contracts and leases, sales of assets and other
bankruptcy-related matters arising from this Chapter 11 case;
m. counseling the Debtor in connection with any sale of its
assets or the formulation, negotiation, and confirmation of a
Chapter 11 plan and related documents; and
n. other necessary legal services.
The firm received a retainer in the amount of $95,000.
Benesch will be paid at these rates:
Michael J. Barrie, Partner $890 per hour
Gregory W. Werkheiser, Partner $825 per hour
Jennifer R. Hoover, Partner $815 per hour
John C. Gentilem Associate $525 per hour
Juan Martinez, Associate $405 per hour
LouAnne Molinaro, Paralegal $370 per hour
Jennifer Hoover, Esq., a partner at Benesch, disclosed in a court
filing that the firm is a "disinterested person" within the meaning
of Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Jennifer R. Hoover, Esq
Benesch, Friedlander, Coplan & Aronoff LLP
1313 North Market Street, Suite 1201
Wilmington, DE 19801
Tel: (302) 442-7010
Fax: (302) 442-7012
Email: jhoover@beneschlaw.com
About Nelson Brothers West
Seneca Investor Units
Nelson Brothers West Seneca Investor Units, LLC filed a voluntary
petition for relief under Chapter 11 of the Bankruptcy Code (Bankr.
W.D.N.Y. Case No. 22-10980) on Oct. 19, 2022, with up to $10
million in both assets and liabilities. Brian Nelson, an authorized
representative, signed the petition.
Judge Carl L. Bucki oversees the case.
Benesch, Friedlander, Coplan & Aronoff, LLP is the Debtor's legal
counsel.
NEXTEER AUTOMOTIVE: S&P Withdraws 'BB+' LT Issuer Credit Rating
---------------------------------------------------------------
S&P Global Ratings withdrew its 'BB+' long-term issuer credit
rating on Nexteer Automotive Group Ltd. at the company's request.
The rating outlook was stable at the time of the withdrawal.
NORTH AMERICAN: December 7 Amended Buyout Agreement Hearing Set
---------------------------------------------------------------
The North American Refractories Company Asbestos Personal Injury
Settlement Trust ("NARCO Asbestos Trust"), Honeywell International
Inc., the NARCO Asbestos Trust Advisory Committee ("NARCO Asbestos
TAC"), and the NARCO Asbestos Future Claimants' Representative
("FCR") entered on Nov. 20, 2022, into an amended and restated
buyout agreement under wherein Honeywell has agreed to make a
lump-sum cash payment of $1.325 billion to the NARCO Asbestos
Trust, subject to certain adjustments set forth in the amended
buyout agreement, in exchange for the elimination of, and
Honeywell's full release from, any future obligations to fund (i)
claims against the NARCO Asbestos Trust, and (ii) the NARCO
Asbestos Trust's annual operating expenses.
The amended buyout agreement also provides that the NARCO Asbestos
Trust will retain its equity ownership in HarbisonWalker
International Holdings Inc. ("HWI"); provided, that, any net cash
proceeds received by the NARCO Asbestos Trust from a sale of HWI
before the closing will reduce the $1.325 billion lump-sum cash
payment and, from and after the closing, any economic value
received by the NARCO Asbestos Trust from its interests in HWI will
accrue to the benefit of Honeywell and be delivered to Honeywell.
In addition, from the period through and including April 1, 2023
until the closing, the $1.325 billion is subject to certain
deductions from claim payments and HWI net dividends received by
the NARCO Asbestos Trust, all as further explained in the amended
buyout agreement.
The amended buyout agreement also contemplates certain other
amendments to and modifications of the North American Refractories
Company Asbestos Personal Injury Settlement Trustee Agreement,
North American Refractories Company Asbestos Personal Injury
Settlement Trust Distribution Procedures, and North American
Refractories Company Asbestos Personal Injury Settlement Trust
ByLaws, as well as mutual general releases among the parties of all
claims related to the NARCO Asbestos Trust.
The NARCO Asbestos Trust has filed a motion with the U.S Bankruptcy
Court for the Western District of Pennsylvania requesting (i)
approval of the amended buyout agreement and amended agreements,
and (ii) a declaration that the amended buyout agreement is
consistent with the plan and confirmation order, and does not
modify, dissolve, terminate, or affect the NARCO Channeling
injunction, which remains in full force and effect. The motion,
which attaches as exhibits to the amended buyout agreement and the
amended agreements, is attached to the notice and is available on
the NARCO Asbestos Trust's website at
https://www.claimres.com.documents/narco/ If you would like paper
copies of the motion and its attachments, please email
NARCOAsbestos@stretto.com or call 1-700-465-6458 (toll-free) or
1-888-465-5418 (international).
The hearing on the motion will be held on Dec. 7, 2022, at 2:00
p.m. (Eastern Time) via Zoom. To participate in and join the zoom
hearing, please access these link or meeting ID:
Zoom link: https://www.zoomgov.com/j/16021303488
Meeting ID: 16021303488
Any objections to entry of an order on the motion must be filed no
later than 12:00 p.m. (Eastern Time) on Dec. 5, 2022.
About North American Refractories Co.
Based in Pittsburgh, Pennsylvania, North American Refractories
Company manufactured and sold refractory products.
The Company and its affiliates sought Chapter 11 protection on Jan.
4, 2002 (Bankr. W.D. Pa. Case No. 02-20198) after suffering a slump
in the domestic economy and encountering an overwhelming number of
claims from individuals asserting injuries or illnesses caused by
exposure to asbestos containing products it manufactured. The
Company reported $27.5 billion in assets and $18.6 billion in
liabilities at the time of the filing.
The Hon. Judith K. Fitzgerald confirmed a Third Amended Plan of
Reorganization filed by North American Refractories Company and its
debtor-affiliates, I-Tec Holding Corp., Intertec Company, and
Tri-Star Refractories, Inc., on Sept. 24, 2007. That plan estimated
that unsecured non-asbestos creditors would recover about 90
cents-on-the-dollar. Asbestos claims were channeled to a 524(g)
trust funded by Honeywell International Inc. and 79% of the stock
of the Reorganized Debtor.
James J. Restivo, Jr., Esq., Robert P. Simmons, Esq., and David
Ziegler, Esq., at Reed Smith LLP represents the Debtor. Kroll
Zolfo Cooper LLC is the Debtors' bankruptcy consultants and special
financial advisors. The Official Committee of Unsecured Creditors
is represented by McGuire Woods, LLP. KPMG, LLP, is the Creditors
Committee's financial advisor. The Asbestos Claimants Committee is
represented by attorneys at Caplin & Drysdale, Chartered and
Campbell & Levine, LLC. L. Tersigni Consulting, PC was the
Asbestos Committee's financial advisor.
Lawrence Fitzpatrick was appointed as the Future Asbestos Claimants
Representative. Mr. Fitzpatrick is represented by attorneys at
Young Conaway Stargatt & Taylor LLP and Meyer, Unkovic & Scott LLP.
NUMERICAL CONTROL: Seeks to Hire Evans & Mullinix as Counsel
------------------------------------------------------------
Numerical Control Support, Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Kansas to employ Evans &
Mullinix, P.A. to represent the Debtor in its Chapter 11
proceedings.
The firm will be paid at these rates:
Colin N. Gotham, Esq. $300 per hour
Paralegals $125 per hour
The firm received a retainer in the amount of $5,000 on August 3,
2022. The firm also received an additional retainer of $7,500 on
October 27, 2022 for representation in relation to the Chapter 11
Bankruptcy and the filing fee of $1,738.00. The firm paid the
filing fee of $1,738 and $5,000 which left a retainer balance of
$5,762.
The firm will also require reimbursement for its out-of-pocket
expenses.
As disclosed in court filings, Evans & Mullinix and its members are
disinterested within the meaning of Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Colin N. Gotham, Esq.
Evans & Mullinix, P.A.
7225 Renner Road, Suite 200
Shawnee, KS 66217
Phone: (913) 962-8700
Fax: (913) 962-8701
Email: cgotham@emlawkc.com
About Numerical Control Support, Inc.
Numerical Control Support Inc. -- https://www.ncsmanufacturing.com
-- is a supplier of Aerospace Components.
Numerical Control Support Inc. filed a petition for relief under
Subchapter V of Chapter 11 of the Bankruptcy Code (Bankr. D. Kan.
Case No. 22-21075) on November 3, 2022. In the petition filed by
Joshua Peterson, as CEO and president, the Debtor reported assets
and liabilities between $1 million and $10 million.
The Debtor is represented by Evans & Mullinix, P.A.
NUMERICAL CONTROL: Seeks to Hire Taylor Group as Accountant
-----------------------------------------------------------
Numerical Control Support, Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Kansas to hire Taylor Group,
LLC to prepare its annual tax returns and other various tax
returns.
The Debtor has agreed to pay a flat fee of $4,800.
As disclosed in court filings, Taylor Group and its members are
"disinterested" within the meaning of Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
John Scholtes, CPA
Taylor Group, LLC
8725 Rosehill Rd Ste 101
Lenexa, KS 66215
Phone: (913) 236-7979
Fax: (913) 236-7975
Email: admin@taylorgroupcpa.com
About Numerical Control Support
Numerical Control Support, Inc. sought protection under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Kan. Case No. 22-21075) on
Nov. 3, 2022, with $1,440,773 in assets and $3,097,661 in
liabilities. Joshua Peterson, chief executive officer and
president, signed the petition.
Judge Robert D. Berger oversees the case.
Colin Gotham, Esq., at Evans & Mullinix, P.A. serves as the
Debtor's legal counsel while Taylor Group, LLC is the Debtor's
accountant.
ON MARINE: Unsecureds' Recovery Hiked to 88% in Liquidating Plan
----------------------------------------------------------------
ON Marine Services Company LLC, along with its Official Committee
of Asbestos Personal Injury Claimants, submitted a First Amended
Combined Disclosure Statement and Plan of Liquidation dated
November 22, 2022.
The Combined Plan and Disclosure Statement is intended to resolve
the approximately 6,000 asbestos-related personal injury claims
that are pending against the Debtor, and to provide for an orderly
wind-down of the Debtor's Estate.
To accomplish these goals, the Combined Plan and Disclosure
Statement provides for the establishment of the Liquidating Trust
for the benefit of holders of Asbestos Claims and for the funding
of the Liquidating Trust through cash payments of approximately $28
million to be made by the Settling Asbestos Insurance Entities and
the Parent Entities as a result of the Insurance Settlement
Agreements and the Parent Entities Settlement. The Liquidating
Trust will assume liability for all Asbestos Claims, use its assets
to resolve the Asbestos Claims, and compensate eligible holders of
Asbestos Claims.
Class 2 consists of Secured Claims. There is one Allowed Secured
Claim asserted against the Debtor in the amount of $164,270.72.
Each holder of an Allowed Secured Claim will receive, at the option
of the Debtor, and in full and complete settlement, release, and
discharge of, and in exchange for, such Claim (i) payment in full
in Cash, (ii) the collateral securing such Allowed Claim, or (iii)
other treatment rendering such Claim Unimpaired. This Class will
receive a distribution of 100% of their allowed claims.
Class 3 consists of General Unsecured Claims. Allowed General
Unsecured Claims asserted against the Debtor are estimated to total
approximately $570,000. This Class will receive a distribution of
88% of their allowed claims. Each holder of an Allowed General
Unsecured Claim will receive, in full and complete settlement,
release, and discharge of, and in exchange for, such Claim, Cash in
an amount equal to its Pro Rata share of the General Unsecured
Recovery Pool (Cash in the amount of $500,000.00) subject to a
maximum Distribution to each holder of an Allowed General Unsecured
Claim of 100% of the Allowed amount of such Claim.
Distributions will be made to holders of Allowed General Unsecured
Claims from the General Unsecured Recovery Pool (i) on the
Effective Date, or as soon as reasonably practicable thereafter,
and (ii) on or before the date that is 30 days after all Disputed
General Unsecured Claims are Allowed or Disallowed. Solely for
purposes of calculating Distributions to holders of Allowed General
Unsecured Claims on the Effective Date, all Disputed General
Unsecured Claims will be treated as though they are Allowed in the
amounts asserted or as estimated by the Bankruptcy Court, and a
reserve will be set aside for such Disputed General Unsecured
Claims.
Class 4 consists of Asbestos Claims. As of the Petition Date, the
Debtor estimated that there were 6,000 Asbestos Claims outstanding
against the Debtor, most of which are unliquidated. On the
Effective Date, all liability for Asbestos Claims will
automatically, and without further act, deed, or court order, be
assumed by, and transferred to, the Liquidating Trust in accordance
with, and to the extent set forth in the Plan, the Plan Documents,
and the Confirmation Order.
Each Asbestos Claim will be resolved in accordance with the terms,
provisions, and procedures set forth in the Liquidating Trust
Documents. The Liquidating Trust will be funded in accordance with
the Plan and other applicable Plan Documents. The sole recourse of
the holder of an Asbestos Claim on account of such Asbestos Claim
will be to the Liquidating Trust.
Class 5 consists of Interests. All Interests will remain
outstanding and will be cancelled when the existence of the Debtor
is cancelled in accordance with the Plan. Upon such cancellation,
no property will be distributed to, or retained by, holders of such
Interests.
On the Effective Date, all Asbestos Claims will be assumed by and
transferred to the Liquidating Trust and will be satisfied solely
by the Liquidating Trust Assets. The goal of the Liquidating Trust
is to provide equitable treatment among claimants with Asbestos
Claims. The Liquidating Trust will not have liability for any
Claims other than Asbestos Claims, and no Claims other than
Asbestos Claims will be transferred to the Liquidating Trust. The
Liquidating Trust will resolve and pay eligible Asbestos Claims in
accordance with the Liquidating Trust Distribution Procedures.
The Liquidating Trust Assets will include: (i) the proceeds from
the Fireman's Fund Insurance Settlement Agreement, in the aggregate
amount of $18.25 million, less certain fees and expenses and any
amounts that are required to be deducted under the terms of the
Fireman's Fund Insurance Settlement Agreement; (ii) the proceeds
from the Federal Insurance Settlement Agreement, in the aggregate
amount of $10 million; (iii) the Parent Entity Contribution, in the
aggregate amount of $1 million, $750,000 of which shall be deemed
to be made for and on behalf of Fireman's Fund as a supplement to
the settlement amount payable by Fireman's Fund under the Fireman's
Fund Insurance Settlement Agreement; and (iv) any Cash remaining in
the Estate net of the Wind Down Reserve, after all Distributions
required under the Plan have been made to holders of Allowed
Non-Asbestos Claims, plus any funds remaining in the Wind Down
Reserve after payment of all fees and costs to be paid from the
Wind Down Reserve pursuant to the Plan.
The Debtor shall fund Distributions with Cash on hand as of the
Effective Date (other than Cash in the Wind Down Reserve).
A full-text copy of the First Amended Combined Disclosure Statement
and Plan of Liquidating dated November 22, 2022, is available at
https://bit.ly/3gF9B0y from PacerMonitor.com at no charge.
Counsel to Debtor:
REED SMITH LLP
Paul M. Singer, Esq.
Andrew J. Muha, Esq.
Luke A. Sizemore, Esq.
Victoria Sanford, Esq.
225 Fifth Avenue, Suite 1200
Pittsburgh, PA 15222
Telephone: (412) 288-3131
Facsimile: (412) 288-3063
psinger@reedsmith.com
amuha@reedsmith.com
lsizemore@reedsmith.com
vsanford@reedsmith.com
About ON Marine Services Company
ON Marine Services Company is the continuation of the entity
formerly known as Oglebay Norton Company, as part of which the
Ferro Division operated as an unincorporated division. In 1999,
Oglebay Norton Company changed its name to ON Marine Services
Company and became a wholly-owned subsidiary of a newly formed
company known as Oglebay Norton Company, an Ohio corporation. The
Ferro Division and/or ON Marine manufactured and sold refractory
products for use exclusively in steelmaking. ON Marine Services
Company ceased all active business operations in 2010.
ON Marine Services Company filed for Chapter 11 bankruptcy
protection (Bankr. W.D. Pa. Case No. 20-20007) on January 2, 2020.
In its petition, the Debtor estimated $1 million to $10 million in
assets and $100,000 to $500,000 in liabilities. The petition was
signed by Kevin J. Whyte, senior vice president.
Chief Judge Carlota M. Bohm oversees the case.
The Debtor is represented by Paul M. Singer, Esq., at Reed Smith
LLP and Legal Analysis Systems, Inc. as its consultant. Epiq 11 is
the claims agent.
A committee of asbestos personal injury claimants has been
appointed in the Debtor's case. The asbestos committee is
represented by Caplin & Drysdale, Chartered.
OVERLOOK ROAD: Unsecureds Likely to Recover 100% in Plan
--------------------------------------------------------
Overlook Road Los Gatos Development, LLC, filed with the U.S.
Bankruptcy Court for the Northern District of California a Proposed
Combined Plan of Reorganization and tentatively approved Disclosure
Statement dated November 22, 2022.
The Debtor is a holding company and was created to facilitate the
development of a single property located at 19042 Overlook Road,
Los Gatos, CA 95030 (the "Property").
The Property can best be described as a single-family luxury spec
home in the Los Gatos hills and it is under construction. The
Company is 90% owned by James McClenahan and 10% owned by Ali
Abiani. Saul Flores, the Responsible Individual, is the Manager and
CEO of the company.
Because the Debtor is a holding company, it relies on capital
contributions and commercial loans from 3rd parties including the
responsible individual, Saul Flores, to fund its construction
projects. The company's expenditures for the Overlook project have
been received from its initial construction loan underwritten by
Residential Investment Trust ("Anchor Loans"), a bridge loan
underwritten by Northpoint Capital Fund, LLC, and a series of
smaller private loan underwritten by individuals.
Debtor filed the instant case to stop an imminent trustee’s sale
of the Property. Debtor would like to keep the Property and
complete the construction so that it can realize its full value.
Debtor believes that the construction can be finished within 6
months. Debtor has designated itself as a single asset real estate
case. Due to Covid, the Debtor fell behind on construction progress
and debt repayments. With this bankruptcy filing, Debtor will be
able to complete the construction, sell the home and then repay its
creditors.
General unsecured creditors shall be paid a prorata portion of sale
proceeds of Debtor's real property ("Overlook"), likely to result
in a 100% recovery of allowed claims, in one lump sum payment,
occurring in or about July 2023. Taxes and other priority claims
would be paid in full.
Class 2(a) consists of General Unsecured Claims. Creditors will
receive a pro rata share of a fund totaling $37,633.92, created by
Debtor's payment of a single lump sum payment from the proceeds of
the sale of the Property. Pro-rata means the entire amount of the
fund divided by the entire amount owed to creditors with allowed
claims min this class.
Creditors in this class may not take any collection action against
Debtor so long as Debtor is not in material default under the Plan.
This class is impaired and is entitled to vote on confirmation of
the Plan.
Funding to complete the Overlook project will be provided by
McClenahan and/or Eagle Home Loans, Inc., an entity owned by
McClenahan. The cash contribution needed to fund the remaining
construction, will be made as a capital contribution to the Debtor.
Such funds will be used only for the sole purpose of completing the
construction project. This cash contribution will not be considered
a loan and will not change the ownership percentage of the Debtor.
The estimated cost to complete is $352,300.
Debtor is informed and believes that Anchor Loans commissioned an
appraisal of Overlook, and that, based on the comparable sales
used, resulted in an average price per square foot of $1,314.
Applying that number against Overlook's projected square footage of
5,328 yields a value of $7 million. Backing out costs to complete,
Debtor estimates that the as-is value of Overlook to be $6.2
million.
The obligations to creditors that Debtor undertakes in the
confirmed Plan replace those obligations to creditors that existed
prior to the Effective Date of the Plan. Debtor's obligations under
the confirmed Plan constitute binding contractual promises that, if
not satisfied through performance of the Plan, create a basis for
an action for breach of contract under California law. To the
extent a creditor retains a lien under the Plan, that creditor
retains all rights provided by such lien under applicable
non-Bankruptcy law.
A full-text copy of the Combined Plan and Disclosure Statement
dated November 22, 2022, is available at https://bit.ly/3Xyuewd
from PacerMonitor.com at no charge.
About The Overlook Road Los Gatos
The Overlook Road Los Gatos Development LLC is a Single Asset Real
Estate (as defined in 11 U.S.C. Sec. 101(51B)).
The Overlook Road Los Gatos Development sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Calif. Case No.
22-50557) on June 29, 2022, listing up to $50,000 in assets and up
to $10 million in liabilities. Saul Flores, managing member, signed
the petition.
Stanley A. Zlotoff, Esq., at Stanley A. Zlotoff, A Professional
Corporation is the Debtor's legal counsel.
PACKABLE HOLDINGS: Seeks to Hire Baker Tilly as Accountant
----------------------------------------------------------
Packable Holdings, LLC and its affiliates seek approval from the
U.S. Bankruptcy Court for the District of Delaware to employ Baker
Tilly US, LLP as its accounting services provider.
The firm will provide tax return preparation services and perform
the audits for the Debtors 401(k) plans as required by the Employee
Retirement Security Act of 1974 (ERISA).
Baker Tilly anticipates the cost of completing the Debtors' 2021
tax returns to be $250,000. Also, Baker Tilly's fee for auditing
the Debtors' 401(k) is stated to be $27,500, as a flat fee.
The Debtors provided Baker Tilly with an advanced payment of
$200,000 for preparation of the Debtors' 2021 tax returns.
Jere Shawver, a certified public accountant at Baker Tilly,
disclosed in a court filing that the firm is a "disinterested
person" as that term is defined in Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Jere G. Shawver, CPA
Baker Tilly US, LLP
6320 Canoga Ave., 17th Fl.
Woodland Hills, CA 91367
Telephone: (818) 995-0090
Facsimile: (818) 995-1771
About Packable Holdings
Packable Holdings LLC -- https://www.packable.com/ -- is a leading
multi-marketplace e-commerce enablement platform.
Packable Holdings and five affiliates sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Case No.
22-10797) on Aug. 29, 2022. In the petition filed by Maria Harris,
chief legal officer, Packable Holdings reported between $100
million and $500 million in both assets and liabilities.
Judge Craig T. Goldblatt oversees the cases.
The Debtors tapped Cooley LLP and Potter Anderson & Corroon, LLP as
legal counsels; Alvarez and Marsal North America, LLC as financial
advisor; and Hilco Merchant Resources, LLC as liquidation agent.
Epiq Corporate Restructuring, LLC is the claims agent.
On Sept. 13, 2022, the Office of the United States Trustee
appointed the official committee of unsecured creditors in the
Debtors' cases. The committee selected Kelley Drye & Warren LLP and
A.M. Saccullo Legal, LLC as bankruptcy counsels; ASK LLP as special
litigation counsel; and Dundon Advisers LLC as financial advisor.
PARADISE SENIOR APARTMENT: Commences Chapter 11 Proceedings
-----------------------------------------------------------
Paradise Senior Apartment Complex LLC filed for Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of California.
According to court filings, Paradise Senior Apartment Complex LLC
estimates $10 million to $50 million in debt owed to between 1 and
49 creditors. The petition states that funds will be available to
unsecured creditors.
About Paradise Senior Apartment Complex LLC
Paradise Senior Apartment Complex LLC is a Single Asset Real Estate
(as defined in 11 U.S.C. sec. 101(51B)).
Paradise Senior Apartment Complex LLC filed a petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Cal. Case No.
22-02986) on November 20, 2022. In the petition filed by Tolga
Horoz, as manager, the Debtor reported assets and liabilities
between $10 million and $50 million each.
The Debtor is represented by:
Judith A. Descalso, Esq.
P.O. Box 120305
San Diego, CA 92122-0305
PIPELINE HEALTH: Committee Taps Akin Gump Strauss as Legal Counsel
------------------------------------------------------------------
The official committee of unsecured creditors of Pipeline Health
System, LLC and its affiliates seek approval from the U.S.
Bankruptcy Court for the Southern District of Texas to employ Akin
Gump Strauss Hauer & Feld LLP as its counsel.
The firm will render these services:
(a) advise the Committee with respect to its rights, duties
and powers in the Chapter 11 Cases;
(b) assist and advise the Committee in its consultations and
negotiations with the Debtors and other parties in interest
relative to the administration of the Chapter 11 Cases;
(c) assist the Committee in analyzing the claims of the
Debtors' creditors and the Debtors' capital structure and in
negotiating with holders of claims and equity interests;
(d) assist the Committee in its investigation of the acts,
conduct, assets, liabilities and financial condition of the Debtors
and their insiders and of the operation of the Debtors'
businesses;
(e) assist the Committee in its analysis of, and negotiations
with, the Debtors or any third party concerning matters related to,
among other things, the assumption or rejection of certain leases
of non-residential real property and executory contracts, asset
dispositions, going concern sale transactions, financing
transactions, other transactions and the terms of one or more plans
of reorganization and/or liquidation for the Debtors and
accompanying disclosure statements and related plan documents;
(f) assist and advise the Committee as to its communications
to the general creditor body regarding significant matters in the
Chapter 11 Cases;
(g) represent the Committee at all hearings and other
proceedings before this Court;
(h) review and analyze applications, orders, statements of
operations and schedules filed with the Court and advise the
Committee as to their propriety and, to the extent deemed
appropriate by the Committee, support, join or object thereto;
(i) advise and assist the Committee with respect to any
legislative, regulatory or governmental activities;
(j) assist the Committee in preparing pleadings and
applications as may be necessary in furtherance of the Committee's
interests and objectives;
(k) assist the Committee in its review and analysis of the
Debtors' various agreements;
(l) prepare, on behalf of the Committee, any pleadings,
including, without limitation, motions, memoranda, complaints,
adversary complaints, objections or comments in connection with any
matter related to the Debtors or the Chapter 11 Cases;
(m) investigate and analyze any claims belonging to the
Debtors' estates; and
(n) perform such other legal services as may be required or
are otherwise deemed to be in the interests of the Committee in
accordance with the Committee's powers and duties as set forth in
the Bankruptcy Code, Bankruptcy Rules or other applicable law.
The firm will be paid at these rates:
Partners $1,125 - $1,995 per hour
Senior Counsel $845 - $1,415 per hour
Counsel $990 - $1,225 per hour
Associates $605 - $1,045 per hour
Paraprofessionals $215 - $475 per hour
David Botter, Esq., a partner of Akin Gump, disclosed in a court
filing that the firm is a "disinterested person" as that term is
defined in Section 101(14) of the Bankruptcy Code.
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, David
Botter disclosed that:
-- it has not agreed to any variations from, or alternatives
to, its standard or customary billing arrangements for this
engagement;
-- none of the professionals included in the engagement vary
their rate based on the geographic location of the bankruptcy
case;
-- the firm has not represented the Committee in the 12 months
prepetition; and
-- the Committee has approved Akin Gump's proposed hourly
billing rates.
The firm can be reached through:
David H. Botter, Esq.
Akin Gump Strauss Hauer & Feld LLP
One Bryant Park
Bank of America Tower
New York, NY 10036-6745
Telephone: (212) 872-1000
Facsimile: (212) 872-1002
Email: dbotter@akingump.com
About Pipeline Health System
Pipeline Health Systems, LLC is an independent, community-focused
healthcare network that offers a wide range of medical services to
the communities it serves, including maternity care, cancer
treatment, behavioral health, rehabilitation, general surgery, and
hospice care. Headquartered in El Segundo, California, Pipeline's
operations include seven safety net hospitals across California,
Texas, and Illinois, with approximately 310 physicians and over
1,150 beds to serve patients, and a company-wide workforce of over
4,200.
Pipeline Health Systems and its affiliates sought Chapter 11
protection (S.D. Texas Lead Case No. 22-90291) on Oct. 2, 2022. In
the petition signed by Andrei Soran, authorized signatory, Pipeline
Health Systems disclosed $500 million to $1 billion in assets and
liabilities.
The Hon. David R. Jones is the case judge.
The Debtors tapped Kirkland & Ellis, LLP as general bankruptcy
counsel; Jackson Walker, LLP as local bankruptcy counsel; Ankura
Consulting Group, LLC as restructuring advisor; and Jefferies, LLC,
as financial advisor and investment banker. Epiq Corporate
Restructuring, LLC, is the claims agent.
QHC FACILITIES: $4.5-Mil. Sale of All Assets to Blue Care Approved
------------------------------------------------------------------
Judge Anita L. Shodeen of the U.S. Bankruptcy Court for the
Southern District of Iowa authorized QHC Facilities, LLC, and its
affiliates to sell substantially all of their assets to Blue Care
Homes, LLC, for $4.5 million.
The Blue Care APA and the Related Agreements, and all of the terms
and conditions thereof, are approved in all respects.
The Debtors and Blue Care are authorized and directed to take all
actions reasonably necessary to effectuate the terms of the Blue
Care APA and the Related Agreements, the transactions contemplated
thereunder and the provisions of the Sale Order, all without the
necessity of any further order of the Bankruptcy Court.
The Sale is free and clear of all Liens and Claims, with all such
Liens and Claims attaching to the proceeds of the sale.
The assumption and assignment to Blue Care of the Assumed Contracts
is approved.
The United States Settlement Agreement is approved in its entirety.
The Debtors are authorized and directed to take all actions
necessary or appropriate to effectuate, or otherwise enforce the
terms, conditions, and provisions of the United States Settlement
Agreement.
At Closing, the proceeds from the Sale will be first used to pay
off the DIP in the amount of $2,259,134.86 as of Nov. 14, 2022. If
the Closing does not occur on Nov. 14, 2022, interest at the
default rate of $1,000 per day will continue to accrue on the DIP
Amount until the date of Closing. Next, the Sale Proceeds will be
used to pay a portion of the settlement amount to the United
States, in accordance with the terms of this Order and United
States Settlement Agreement. Then, the next $500,000 of Sale
Proceeds will be placed in an interest bearing account at Axos, in
accordance with terms of the Order.
At Closing, from the Sale Proceeds, the sum of 3% of the Purchase
Price will be placed in an interest-bearing account at Axos Bank,
and will only be disbursed pursuant to a further Bankruptcy Court
Order which determines whether Crestridge Holdco LLC is entitled to
a Break-up Fee under the terms of the Bidding Procedures Order
entered at Docket No. 164.
Finally, the balance of Sale Proceeds will be placed in the
Debtors' DIP account subject to the valid liens, if any, attaching
to such proceeds. The Debtors and Committee of Unsecured Creditors
will move forward with drafting and proposing confirmation of a
Plan of Liquidation, which will provide for the appointment of a
liquidating trustee or a plan administrator.
The automatic stay under section 362 of the Bankruptcy Code is
vacated and modified to the extent necessary to implement the terms
and provisions of the Blue Care APA and the Related Agreements and
the provisions of the Sale Order.
The Debtors will file all required monthly operating reports.
After Closing, Blue Care will within three business days of
receipt, deliver all remittances or all assets which belong to the
Debtors (including but not limited to IRS Form 941 checks) and
correspondence which may be received.
Nothing in the Order will affect the Debtors' rights against Cedar
Healthgroup, LLC.
Bankruptcy Code section 525 will apply to the full extent
applicable.
The provisions of Bankruptcy Rules 6004(h) and 6006(d) will not
apply to stay consummation of the sale of the Acquired Assets to
Blue Care under the Blue Care APA, as contemplated in the Sale
Motion Amendment and approved by the Sale Order, and the Debtors
and Blue Care are authorized to consummate the transactions
contemplated and approved immediately upon entry of the Sale Order.
A copy of the Blue Care APA is available for free at
https://tinyurl.com/586spj48 from PacerMonitor.com free of charge.
About QHC Facilities
Clive, Iowa-based QHC Facilities, LLC, operates eight skilled
nursing facilities. The facilities include Crestview Acres in
Marion as well as in Tama, Madison, Humboldt, Jackson, Webster and
Polk counties and two assisted living centers. Collectively, the
facilities have a maximum capacity of more than 700 residents. The
company employs roughly 300 full-time and part-time workers.
QHC Facilities and its affiliates filed petitions for Chapter 11
protection (Bankr. S.D. Iowa Lead Case No. 21-01643) on Dec. 29,
2021. The affiliates are QHC Management LLC, QHC Mitchellville
LLC, QHC Crestridge LLC, QHC Humboldt North LLC, QHC Winterset
North LLC, QHC Madison Square LLC, QHC Humboldt South LLC, QHC
Villa Cottages LLC, QHC Fort Dodge Villa LLC, and QHC Crestview
Acres Inc.
QHC Facilities reported $1 million in assets and $26.3 million in
liabilities as of the bankruptcy filing.
Judge Anita L. Shodeen oversees the cases.
Bradshaw Fowler Proctor & Fairgrave, PC and Dentons Davis Brown,
P.C. are the Debtors' bankruptcy counsels. Newmark Real Estate of
Dallas, LLC, and Gibbins Advisors, LLC, serve as the Debtors'
investment banker and restructuring advisor, respectively.
The U.S. Trustee for Region 12 appointed an official committee of
unsecured creditors in the Debtors' Chapter 11 cases. Troutman
Pepper Hamilton Sanders, LLP and Cutler Law Firm, P.C. serve as
the committee's lead bankruptcy counsel and local counsel,
respectively.
QUEST PATENT: Posts $104K Net Income in Third Quarter
-----------------------------------------------------
Quest Patent Research Corporation has filed with the Securities and
Exchange Commission its Quarterly Report on Form 10-Q disclosing
net income of $103,665 on $275,000 of revenues for the three months
ended Sept. 30, 2022, compared to net income of $871,619 on zero
revenue for the three months ended Sept. 30, 2021.
For the nine months ended Sept. 30, 2022, the Company reported a
net loss of $278,918 on $397,000 of revenues compared to a net loss
of $4.98 million on zero revenue for the same period in 2021.
As of Sept. 30, 2022, the Company had $1.63 million in total
assets, $9.75 million in total liabilities, and a total
stockholders' deficit of $8.11 million.
At Sept. 30, 2022, the Company had current assets of approximately
$305,000, and current liabilities of approximately $9,410,000. The
Company's current liabilities include funding liabilities of
approximately $5,284,000 payable to QFL, a non-interest bearing
total monetization proceeds obligation to Intelligent Partners in
the amount of $2,801,000 under the Restructure Agreement, both of
which are only payable from money generated from the monetization
of intellectual property, and loans payable of $138,000 and accrued
interest of approximately $788,000. As of Sept. 30, 2022, the
Company has an accumulated deficit of approximately $25,715,000 and
a negative working capital of approximately $9,105,000. Other than
salary and pension benefits to its chief executive officer, the
Company does not contemplate any other material operating expense
requiring cash in the near future other than normal general and
administrative expenses, including expenses relating to its status
as a public company filing reports with the SEC.
Quest Patent stated, "We have an accumulated deficit of
approximately $25,715,000 and negative working capital of
approximately $9,105,000 as of September 30, 2022. Because of our
continuing losses, our working capital deficiency, the uncertainty
of future revenue, our obligations to QFL, Intelligent Partners,
our low stock price and the absence of a trading market in our
common stock, our ability to raise funds in equity market or from
lenders is severely impaired. These conditions, together with the
effects of the COVID-19 pandemic and the steps taken by the states
to slow the spread of the virus and its effect on our business as
well as any adverse consequences which would result from our
failure to remain listed on the OTCQB, raise substantial doubt as
to our ability to continue as a going concern. Although we may
seek to raise funds and to obtain third-party funding for
litigation to enforce our intellectual property rights, the
availability of such funds, particularly in view of the COVID-19
pandemic, is uncertain."
A full-text copy of the Form 10-Q is available for free at:
https://www.sec.gov/ix?doc=/Archives/edgar/data/824416/000121390022072147/f10q0922_questpatent.htm
About Quest Patent
Rye, New York-based Quest Patent Research Corporation --
http://www.qprc.com-- is an intellectual property asset management
company. The Company's principal operations include the
development, acquisition, licensing and enforcement of intellectual
property rights that are either owned or controlled by the Company
or one of its wholly owned subsidiaries. The Company currently
owns, controls or manages eleven intellectual property portfolios,
which principally consist of patent rights.
Quest Patent reported a net loss of $4.15 million for the year
ended Dec. 31, 2021, compared to a net loss of $1.31 million for
the year ended Dec. 31, 2020. As of June 30, 2022, the Company had
$1.34 million in total assets, $9.59 million in total liabilities,
and a total stockholders' deficit of $8.24 million.
Somerset, New Jersey-based Rosenberg Rich Baker Berman, P.A., the
Company's auditor since 2021, issued a "going concern"
qualification in its report dated March 31, 2022, citing that the
Company has suffered recurring losses from operations and has a net
capital deficiency that raises substantial doubt about its ability
to continue as a going concern.
QUOTIENT LIMITED: Incurs $45.9 Million Net Loss in Second Quarter
-----------------------------------------------------------------
Quotient Limited has filed with the Securities and Exchange
Commission its Quarterly Report on Form 10-Q disclosing a net loss
of $45.93 million on $8.85 million of total revenue for the three
months ended Sept. 30, 2022, compared to a net loss of $27.10
million on $9.47 million of total revenue for the three months
ended Sept. 30, 2021.
For the six months ended Sept. 30, 2022, the Company reported a net
loss of $84.79 million on $17.67 million of total revenue compared
to a net loss of $54.40 million on $18.55 million of total revenue
for the six months ended Sept. 30, 2021.
As of Sept. 30, 2022, the Company had $127.90 million in total
assets, $309.99 million in total liabilities, and a total
shareholders' deficit of $182.09 million.
Quotient Limited said, "Recent developments have called into
question our ability to execute successfully on this business
strategy and indeed raises substantial doubt on our ability to
continue as a going concern.
"While we have made substantial progress toward the
commercialization of our MosaiQ-based transfusion diagnostics
products, that progress has been expensive and has required us to
continuously raise capital. Since earlier this year we have
pursued various potential methods of raising the funds that we
require to complete the commercialization of our products. Adverse
conditions in the U.S. and global capital markets made our pursuit
of capital very difficult. To date, we have been unable to raise
additional capital in the amounts we require. We are now close to
running out of cash and close to being forced to cease operations
and liquidate our MosaiQ business. As of September 30, 2022, we
had approximately $41.4 million of cash, cash equivalents and
investments, compared with approximately $63.2 million of cash,
cash equivalents and investments as of June 30, 2022. Our
investments include approximately $16.9 million of cash invested in
two funds that have suspended redemptions, and there can be no
assurance that we will receive future distributions of cash from
these funds."
A full-text copy of the Form 10-Q is available for free at:
https://www.sec.gov/ix?doc=/Archives/edgar/data/1596946/000095017022024744/qtnt-20220930.htm
About Quotient Limited
Penicuik, United Kingdom-based Quotient Limited is a
commercial-stage diagnostics company committed to reducing
healthcare costs and improving patient care through the provision
of innovative tests within established markets. With an initial
focus on blood grouping and serological disease screening, Quotient
is developing its proprietary MosaiQTM technology platform to offer
a breadth of tests that is unmatched by existing commercially
available transfusion diagnostic instrument platforms. The
Company's operations are based in Edinburgh, Scotland; Eysins,
Switzerland and Newtown, Pennsylvania.
Quotient Limited reported a net loss of $125.13 million for the
year ended March 31, 2022, compared to a net loss of $111.03
million for the year ended March 31, 2021. As of June 30, 2022,
the Company had $174.59 million in total assets, $325.67 million in
total liabilities, and a total shareholders' deficit of $151.08
million.
Belfast, United Kingdom-based Ernst & Young LLP, the Company's
auditor since 2007, issued a "going concern" qualification in its
report dated June 28, 2022, citing that the Company has incurred
recurring net losses and negative cash flows from operations, its
planned expenditures exceed available funding, and has stated that
substantial doubt exists about the Company's ability to continue as
a going concern.
RAKKI LLC: Seeks to Hire Law Law Firm as Bankruptcy Counsel
-----------------------------------------------------------
Rakki LLC asks the U.S. Bankruptcy Court for the Northern District
of Texas to hire The Lane Law Firm, PLLC as its counsel.
The firm's services include:
a. advising the Debtor regarding the administration of its
Chapter 11 case;
b. assisting the Debtor in analyzing its assets and
liabilities, investigating the extent and validity of lien and
claims, and participating in and reviewing any proposed asset sales
or dispositions;
c. attending meetings and negotiating with representatives of
secured creditors;
d. assisting the Debtor in the preparation, analysis and
negotiation of any plan of reorganization and disclosure statement
accompanying the plan;
e. taking all necessary actions to protect and preserve the
interests of the Debtor;
f. appearing in courts; and
g. performing all other necessary legal services for the
Debtor.
The firm will be paid at these rates:
Partners $550 per hour
Senior Associates $475 per hour
Associates $350 to $400 per hour
Paralegals $125 to $175 per hour
The retainer is $20,000.
In addition, the firm will receive reimbursement for its
out-of-pocket expenses.
Robert Lane, Esq., a partner at The Lane Law Firm, disclosed in a
court filing that his firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Robert C. Lane, Esq.
Joshua D. Gordon, Esq.
The Lane Law Firm
6200 Savoy, Suite 1150
Houston, TX 77036
Tel: (713) 595-8200
Fax: (713) 595-8201
Email: notifications@lanelaw.com
Joshua.gordon@lanelaw.com
About Rakki LLC
Rakki LLC sought protection under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Tex. Case No. 22-42669) on November 4, 2022. In
the petition signed by Viet Nguyen, managing member, the Debtor
disclosed up to $500,000 in assets and up to $1 million in
liabilities.
Robert C. Lane, Esq., at The Lane Law Firm, is the Debtor's legal
counsel.
RENNOVA HEALTH: Incurs $1.3 Million Net Loss in Third Quarter
-------------------------------------------------------------
Rennova Health, Inc. has filed with the Securities and Exchange
Commission its Quarterly Report on Form 10-Q disclosing a net loss
of $1.34 million on $2.83 million of net revenues for the three
months ended Sept. 30, 2022, compared to net income of $1.33
million on $1.01 million of net revenues for the three months ended
Sept. 30, 2021.
For the nine months ended Sept. 30, 2022, the Company reported a
net loss of $4.11 million on $7.57 million of net revenues compared
to net income of $6.51 million on $1.29 million of net revenues for
the nine months ended Sept. 30, 2021.
As of Sept. 30, 2022, the Company had $20.29 million in total
assets, $50.20 million in total liabilities, and a total
stockholders' deficit of $29.91 million.
Rennova Health stated, "The Company had a loss from continuing
operations of approximately $4.1 million and $4.4 million for the
nine months ended September 30, 2022 and 2021, respectively, and
cash used in its operating activities was $1.2 million and $5.7
million for the nine months ended September 30, 2022 and 2021,
respectively. As of the date of this report, our cash is deficient
and payments for our operations in the ordinary course are not
being made. The continued losses and other related factors,
including past due accounts payable and payroll taxes, as well as
payment defaults under the terms of certain outstanding notes
payable and debentures...raise substantial doubt about the
Company's ability to continue as a going concern for 12 months from
the filing date of this report.
"We need to raise additional funds immediately and continue to do
so until we begin to realize positive cash flow from operations.
There can be no assurance that we will be able to achieve our
business plan, which is to acquire and operate clusters of rural
hospitals and related service providers, raise any additional
capital or secure the additional financing necessary to implement
our current operating plan. Our ability to continue as a going
concern is dependent upon our ability to significantly increase our
revenues, reduce our operating costs and eventually achieve
profitable operations."
A full-text copy of the Form 10-Q is available for free at:
https://www.sec.gov/ix?doc=/Archives/edgar/data/931059/000149315222031986/from10-q.htm
About Rennova Health
Rennova Health, Inc. -- http://www.rennovahealth.com-- is a
provider of health care services. The Company owns one operating
hospital in Oneida, Tennessee known as Big South Fork Medical
Center, a hospital located in Jamestown, Tennessee that it plans to
reopen, a physician's practice in Jamestown, Tennessee that it
plans to reopen and a rural clinic in Kentucky.
Net loss available to common stockholders for the year ended Dec.
31, 2021, was $500.87 million while the net loss available to
common stockholders for the year ended Dec. 31, 2020, was $281.59
million. As of March 31, 2022, the Company had $19.01 million in
total assets, $47.58 million in total liabilities, and a total
stockholders' deficit of $28.57 million.
Salt Lake City, Utah-based Haynie & Company, the Company's auditor
since 2018, issued a "going concern" qualification in its report
dated April 15, 2022, citing that the Company has recognized
recurring losses and negative cash flows from operations, and
currently has minimal revenue producing activities. This raises
substantial doubt about the Company's ability to continue as a
going concern.
RLI SOLUTIONS: Seeks to Hire Debt Recovery as Debt Collector
------------------------------------------------------------
RLI Solutions Company seeks approval from the U.S. Bankruptcy Court
for the Western District of Pennsylvania to employ Debt Recovery
Resources as its debt collector.
The firm will render these services:
a) receive payments from accounts that owe the Debtor
payment;
b) make arrangements for the payments under terms it deems
appropriate and that are approved by the client; and
c) institute suit on behalf of the client or utilize other
legal mechanisms to recover the amounts due.
The firm will be paid on a contingency basis, as follows:
a) Initial Assignments = 20 percent
b) Accounts with oldest invoice date ≤ 90 days = 15 percent
c) Accounts with the oldest invoice date ≥ 90 days - 365
days = 25 percent
d) Accounts with the oldest invoice date ≥ 365 days = 35
percent
e) All Judgments & 2nd Placements = 35 percent
As disclosed in the court filings, Debt Recovery Resources
represents no interest adverse to the estate, and is a
"disinterested person" as defined in 11 U.S.C. Sec. 101(14).
The firm can be reached through:
Jason Ross
Debt Recovery Resources
2521 Brown Blvd
Arlington, TX 76006
Phone: +1 866-746-5389
About RLI Solutions Company
RLI Solutions Company, doing business as Ronald Lane Inc., sought
protection under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
W.D. Pa. Case No. 22-21375) on July 17, 2022, listing as much as
$10 million in both assets and liabilities. Christopher Lane,
president of RLI Solutions Company, signed the petition.
Judge Thomas P. Agresti oversees the case.
Donald R. Calaiaro, Esq., at Calaiaro Valencik is the Debtor's
legal counsel.
SAMANTHA S. LINDSAY: Unsecureds to Split $50,000 Over 5 Years
-------------------------------------------------------------
Samantha S. Lindsay, M.D., P.A. filed with the U.S. Bankruptcy
Court for the Middle District of Florida a Plan of Reorganization
dated November 22, 2022.
The Debtor was incorporated on June 9, 2015. The Debtor provides
outpatient pediatric care, primary care, family wellness, and
aesthetic treatments to its patients.
As of the date of the Petition Date, the Debtor's principal, Dr.
Samantha S. Lindsay, operates the Debtor from 16541 Pointe Village
Dr., Ste. 211, Lutz, Florida which the Debtor leases from the Bohn
Group.
The Plan under Chapter 11 of the Bankruptcy Code proposes to pay
creditors of the Debtor from the Debtor's current and future
earnings.
This Plan provides for 1 class of priority claims; 6 classes of
secured claims; 1 class of general unsecured claims; and 1 class of
equity security holders. Unsecured creditors holding allowed claims
will receive a pro-rata share of $50,000 over five years. This Plan
also provides for the payment of administrative and priority claims
under the terms to the extent permitted by the Code or by agreement
between the Debtor and the claimant.
Class 8 consists of General Unsecured Creditors. The Debtor will
pay claimants in this class a pro rata share of $50,000 based on
their allowed general unsecured claim over twenty quarters without,
interest with equal quarterly payments of $2,500 commencing on the
start of the calendar quarter immediately following the Effective
Date of Confirmation and continuing for a total of twenty
consecutive quarters. In the event that this quarter starts less
than 30 days after the entry of the Confirmation Order, payment
shall not commence until the following quarter.
Promissory notes will be issued to each creditor in this class with
allowed claims to evidence payments, which promissory notes shall
be enforceable in any Court of Competent Jurisdiction. The amount
of the distribution will be considered final thirty-one days the
entry of the Confirmation Order, unless there is an objection
pending at that time.
Class 9 consists of Equity Security Holders of the Debtor. Equity
will retain ownership in the Debtor postconfirmation. No
distributions will be made to equity until such time as all
payments in Class 6 have been made.
Current equity will continue to manage the Debtor post
confirmation. The Plan will be funded by the continued operations
of the Debtor.
A full-text copy of the Plan of Reorganization dated November 22,
2022, is available at https://bit.ly/3i86peb from PacerMonitor.com
at no charge.
Attorney for Debtor:
Buddy D. Ford, Esq.
Email: Buddy@tampaesq.com
Jonathan A. Semach, Esq.
Email: Jonathan@tampaesq.com
Heather M. Reel, Esq.
Email: Heather@tampaesq.com
9301 West Hillsborough Avenue
Tampa, Florida 33615-3008
Telephone #: (813) 877-4669
Office Email: All@tampaesq.com
About Samantha S. Lindsay
Samantha S. Lindsay, M.D., P.A. was incorporated on June 9, 2015.
The Debtor provides outpatient pediatric care, primary care, family
wellness, and aesthetic treatments to its patients. The Debtor
filed Chapter 11 Petition (Bankr. M.D. Fla. Case No. 22 03437) on
August 24, 2022.
The Debtor is represented by Buddy D. Ford, Esq. of BUDDY D. FORD,
P.A.
SARINA BROWNDORF: Lamborghini Buying Ferrari 458 Spider for $205K
-----------------------------------------------------------------
Sarina Browndorf asks the U.S. Bankruptcy Court for the Central
District of California to authorize the sale of her 2015 Ferrari
458 Spider to Lamborghini Newport Beach for $205,000, subject to
overbid.
The Debtor has been married to Matthew Browndorf since 2012. In
June 2021, she filed a dissolution of marriage petition in the
Superior Court of the State of California, County of Orange,
commencing Case No. 21D003789, which is currently pending and has
been very active and contentious. As of the Petition Date, the
family court had not divided assets and liabilities between the
Debtor and Matthew Browndorf.
During the marriage, the Browndorfs purchased the Ferrari with
community property funds. After the Dissolution Action was
commenced and without the Debtor's knowledge or consent, on Aug. 2,
2021, Matthew Browndorf entered into a Promissory Note and Security
Agreement with Simple Car Title Loans, Inc. under which the Lender
lent Matthew Browndorf $99,753.34 at 87.2960% interest in exchange
for a security interest in the Ferrari.
As of June 14, 2022, the payoff balance on the Ferrari Loan was
$147,745.25, accruing interest at approximately $235.56 per day.
Thus, as of Oct. 4, 2022, the payoff balance on the Ferrari Loan
was $174,124.82.
By separate stipulation, the Debtor and the Lender have agreed to
reduce the payoff amount on the Ferrari Loan to avoid litigation,
which is being filed concurrently with the Motion. By the Vehicle
Stipulation, the Lender consents to the sale of the Ferrari free
and clear of its lien, provided it receives the payoff as provided
in such stipulation. The Vehicle Stipulation provides that relief
from the automatic stay is granted to the Lender as of Nov. 30,
2022.
Based on a sale date of Nov. 30, 2022 (shortened time requested),
the Debtor estimates the payoff amount as approximately $161,000.
In other words, the Debtor estimates net proceeds of sale owed to
the estate in the amount of not less than $44,000.
The Sale is on an "as is and where is" basis without any
representations and/or warranties and without any contingencies
pursuant to 11 U.S.C. Sections 363(b)(1) and (f), free and clear of
liens, interests, claims, and encumbrances, with such liens,
interests, claims, and encumbrances to attach to the Sale
proceeds.
There are no broker commissions and there will be minimal, if any,
costs associated with the Sale to the Buyer. Absent any overbids,
the consideration that the Debtor will receive on behalf of the
estate, is approximately $44,000, i.e., the Purchase Price less the
stipulated payoff.
The Motion also seeks approval for the solicitation of overbids
concerning the sale of the Ferrari at the hearing on the Motion and
the procedures for such solicitation.
The salient terms of the Bidding Procedures are:
1. The Buyer and each Qualified Bidder must be present via
ZoomGov at the hearing on the Motion or represented by an
individual or individuals with the authority to participate in the
overbid process;
2. Any party wishing to participate in the overbid process
must notify the Debtor in writing via email directed to the counsel
for the Debtor Susan K. Seflin and Jessica L. Bagdanov at
sseflin@bg.law and jbagdanov@bg.law of his/her/its intention to do
so no later than one calendar day before the hearing on the Motion;
3. Each party participating in the overbid process, (except
for the Buyer) must present to the Debtor evidence of ability to
close the transaction no later than one calendar day before the
hearing on the Motion via email directed to the counsel for the
Debtor Susan K. Seflin and Jessica L. Bagdanov at sseflin@bg.law
and jbagdanov@bg.law;
4. The initial overbid for the Property will be $210,000, with
subsequent overbids being made in minimum increments of $2,000;
5. he successful over bidder must pay the full amount of the
successful bid to the Debtor within three calendar days after the
entry of an order granting the Motion. In the event that Buyer is
not the successful bidder on the Ferrari, the successful bidder
will then become the buyer under the same terms and conditions as
set forth in the Motion and will waive all contingencies regarding
the purchase of the Ferrari. Furthermore, if the successful bidder
cannot deliver the balance of the overbid sale price within three
calendar days after the entry of an order granting the Motion, the
Debtor will be authorized to accept the offer made by the next
highest bidder.
6. As the Ferrari is a community property asset of the
Debtor's estate, before the consummation of a sale of the Ferrari,
the Bankruptcy Code provides Matthew Browndorf with the right to
purchase the Ferrari at the price at which the sale is to be
consummated and under the terms of the proposed Sale stated.
7. In order to exercise his right to purchase the Ferrari,
Matthew Browndorf must notify the Debtor through her counsel Susan
K. Seflin and Jessica L. Bagdanov at sseflin@bg.law and
jbagdanov@bg.law of his intention to do so no later than two
calendar days before the hearing on the Motion. No later than two
calendar days before the hearing on the Motion, he must remit
payment made payable to "Sarina Browndorf" in the purchase price
amount of $205,000. Should Matthew Browndorf exercise his right
Section 363(i) rights, but not deliver the balance of the final
purchase price within three calendar days after the entry of an
order granting the Motion, the Debtor will be authorized to accept
the offer made by the next highest bidder and Matthew Browndorf's
deposit will be non-refundable.
Finally, the Debtor asks the Court to waive the 14-day stay set
forth in Federal Rule of Bankruptcy Procedure 6004(h).
Sarina Browndorf sought Chapter 11 protection (Bankr. C.D. Cal.
Case No. 21-12506) on Oct. 14, 2021. The Debtor tapped Susan
Seflin, Esq., as counsel.
SAVANNAH CAPITAL: $6.25M Sale of Savannah Property to Burrough OK'd
-------------------------------------------------------------------
Judge Catherine Peek McEwen of the U.S. Bankruptcy Court for the
Middle District of Florida authorized New Broughton Street LLC, an
affiliate of Savannah Capital, LLC, to sell its 100% ownership
interest in the real property located at 322, 320, 318, 312, 310
West Broughton Street, in Savannah, Georgia 31401, to Burrough &
Chapin Co., Inc., for $6.25 million.
The Debtor is authorized and directed to execute the Asset Purchase
Agreement. The Real Property will be sold in accordance with the
Asset Purchase Agreement.
The Realtor will receive a 2.5% commission of the sales price of
$6.25 million at the closing of the Real Property, which is
$156,250.
The proceeds of the sale will go New Broughton Street, to be
distributed through its Chapter 11 Plan.
The Debtor will provide notice of the sale to all creditors
including entities with any possible security interest or lien
interest in the Debtor.
The Real Property will be conveyed free and clear of all liens,
claims, and encumbrances.
The sale of the Real Property will be deemed a sale "under a plan
confirmed under 11 U.S.C. Section 1146(a)" should the Court enter
an order confirming the Debtor's Chapter 11 Plan.
About Savannah Capital, LLC
Savannah Capital, LLC, is an asset management company based in
Savannah, Ga.
Savannah Capital and its affiliate, New Broughton Street, LLC,
sought Chapter 11 protection (Bankr. M.D. Fla. Lead Case No. 22
01431) on April 11, 2022. In the petitions filed by Kris Callen,
as manager, both Debtors listed up to $50,000 in assets and up
to $10 million in liabilities.
Judge Catherine Peek McEwen oversees the case.
Jake C. Blanchard, Esq., at Blanchard Law, P.A. is the Debtor's
counsel.
SENSITIVE HOME: Seeks to Hire Billion Law as Bankruptcy Counsel
---------------------------------------------------------------
Sensitive Home, Inc. seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to hire Billion, LLC as its legal
counsel.
The firm's services include:
a. providing legal advice regarding the Debtor's insolvency
proceeding;
b. preparing, reviewing and commenting on drafts of documents
to ensure compliance with Delaware local rules, practices, and
procedures and filing the same;
c. preparing legal papers;
d. preparing hearing binders of documents and pleadings,
printing of documents and pleadings for hearings;
e. appearing in court and at any meeting of creditors on
behalf of the Debtor;
f. monitoring the docket and responding to filings;
g. preparing and maintaining critical dates memorandum to
monitor pending applications, motions, hearing dates and other
matters; and
h. handling inquiries and calls from creditors and counsel to
interested parties regarding pending matters and the general status
of the Debtor's case.
The firm will charge these hourly fees:
Attorneys $675 per hour
Associates $375 per hour
Paraprofessionals $125 per hour
As disclosed in court filings, Billion Law is a "disinterested
person" within the meaning of Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Mark M. Billion, Esq.
Billion Law
1073 S. Governors Ave.
Dover, DE 19904
Phone: 302-428-9400
Fax: 302-674-2099
Email: markbillion@billionlaw.com
About Sensitive Home Inc.
Sensitive Home, Inc. offers home cleaning products especially for
those with skin, respiratory, and chemical sensitivities.
Sensitive Home filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. D. Del. Case No.
22-11063) on Nov. 10, 2022, with $317,207 in assets and $1,333,593
in liabilities. Stuart Dawson Chrisp, director, signed the
petition.
Judge John T. Dorsey presides over the case.
Mark M. Billion, Esq., at Billion Law represents the Debtor as
counsel.
SIGYN THERAPEUTICS: Incurs $727K Net Loss in Third Quarter
----------------------------------------------------------
Sigyn Therapeutics, Inc. has filed with the Securities and Exchange
Commission its Quarterly Report on Form 10-Q reporting a net loss
of $726,509 on zero revenue for the three months ended Sept. 30,
2022, compared to a net loss of $665,904 on zero revenue for the
three months ended Sept. 30, 2021.
For the nine months ended Sept. 30, 2022, the Company reported a
net loss of $2.07 million on zero revenue compared to a net loss of
$1.78 million on zero revenue for the same period during the prior
year.
As of Sept. 30, 2022, the Company had $362,273 in total assets,
$2.10 million in total liabilities, and a total stockholders'
deficit of $1.74 million.
The Company had an accumulated deficit of $6,336,639 at Sept. 30,
2022, had a working capital deficit of $1,817,541 and $341,187 at
Sept. 30, 2022 and Dec. 31, 2021, respectively, had a net loss of
$726,609 and $2,070,880 and $665,904 and $1,777,447 for the three
and nine months ended Sept. 30, 2022 and 2021, respectively, and
net cash used in operating activities of $1,378,475 and $1,221,221
for the nine months ended Sept. 30, 2022 and 2021, respectively,
with no revenue earned since inception, and a lack of operational
history. The Company said these matters raise substantial doubt
about its ability to continue as a going concern.
Sigyn stated, "While the Company is attempting to expand operations
and increase revenues, the Company's cash position may not be
significant enough to support the Company's daily operations.
Management intends to raise additional funds by way of a public
offering or an asset sale transaction. Management believes that
the actions presently being taken to further implement its business
plan and generate revenues provide the opportunity for the Company
to continue as a going concern. While management believes in the
viability of its strategy to generate revenues and in its ability
to raise additional funds or transact an asset sale, there can be
no assurances to that effect or on terms acceptable to the Company.
The ability of the Company to continue as a going concern is
dependent upon the Company's ability to further implement its
business plan and generate revenues."
A full-text copy of the Form 10-Q is available for free at:
https://www.sec.gov/ix?doc=/Archives/edgar/data/1642159/000149315222031964/form10-q.htm
About Sigyn
Sigyn Therapeutics, Inc. is a development-stage therapeutic
technology company headquartered in San Diego, California USA. Its
business focus is the clinical advancement of Sigyn Therapy, a
multi-function blood purification technology designed to overcome
the limitations of previous drugs and devices to treat
life-threatening inflammatory disorders, including sepsis, the
leading cause of hospital deaths worldwide.
Sigyn reported a net loss of $3 million for the year ended Dec. 31,
2021, compared to a net loss of $1.26 million for the year ended
Dec. 31, 2020.
New York, New York-based Paris Kreit & Chiu CPA LLP, the Company's
auditor since 2021, issued a "going concern" qualification in its
report dated March 21, 2022, citing that the Company has suffered
recurring losses from operations, has a net capital deficiency, and
negative cash flows from operating activities. Therefore, the
Company has stated that substantial doubt exists about its ability
to continue as a going concern.
SPEEDY O' HARE: Seeks to Hire Lefkovitz & Lefkovitz as Counsel
--------------------------------------------------------------
The Speedy O' Hare Express, Inc. seeks approval from the U.S.
Bankruptcy Court for the Middle District of Tennessee to hire
Lefkovitz & Lefkovitz, PLLC as its bankruptcy counsel.
The firm's services include:
(a) advising the Debtor regarding its rights, duties and
powers;
(b) preparing and filing statements of financial affairs and
bankruptcy schedules, Chapter 11 plans and other documents;
(c) representing the Debtor at all hearings, meetings of
creditors, conferences, trials, and any other proceedings related
to the case; and
(d) performing other necessary legal services.
The hourly rates of the firm's counsel and staff are as follows:
Steven L. Lefkovitz $555
Associate Attorneys $350
Paralegals $125
The firm received a retainer of $8,262, plus court costs in the
amount of $1,738.
Steven Lefkovitz, Esq., an attorney at Lefkovitz & Lefkovitz,
disclosed in a court filing that his firm is a "disinterested
person" as that term is defined in section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Steven L. Lefkovitz, Esq.
Lefkovitz & Lefkovitz, PLLC
618 Church Street, Suite 410
Nashville, TN 37219
Telephone: (615) 256-8300
Facsimile: (615) 255-4516
Email: slefkovitz@lefkovitz.com
About The Speedy O' Hare Express
The Speedy O' Hare Express, Inc. is a licensed and DOT registered
trucking company running freight hauling business from Shubuta,
Mississippi.
The Speedy O' Hare Express Inc filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. M.D. Tenn.
Case No. 22-03641) on Nov. 9, 2022. The petition was signed by
Patrick Rayshawn, owner. At the time of filing, the Debtor listed
up to $500,000 in assets and up to $1 million in liabilities.
Judge Randal S Mashburn presides over the case.
Steven Lefkivitz, Esq. at Lefkovitz And Lefkovitz, PLLC represents
the Debtor as counsel.
SUN PACIFIC: Incurs $138K Net Loss in Third Quarter
---------------------------------------------------
Sun Pacific Holding Corp. has filed with the Securities and
Exchange Commission its Quarterly Report on Form 10-Q disclosing a
net loss of $137,979 on $29,863 of revenues for the three months
ended Sept. 30, 2022, compared to net income of $25,215 on $114,007
of revenues for the three months ended Sept. 30, 2021.
For the nine months ended Sept. 30, 2022, the Company reported a
net loss of $135,820 on $252,114 of revenues compared to net income
of $3.01 million on $215,978 of revenues for the nine months ended
Sept. 30, 2021.
As of Sept. 30, 2022, the Company had $303,455 in total assets,
$3.26 million in total liabilities, and a total stockholders'
deficit of $2.95 million.
As of Sept. 30, 2022, the Company had a working capital deficit of
approximately $2,941,894. The Company intends to seek additional
financing for its working capital, in the form of equity or debt,
to provide the Company with the necessary capital to accomplish its
plan of operation. The Company gives no assurance that it will be
successful in its efforts to raise additional capital.
During the nine months ended Sept. 30, 2022, the Company generated
$118,791 of cash in operating activities driven by the Company's
operating loss, offset by noncash charge for accrued compensation,
bad debt, and deprecation. During the nine months ended Sept. 30,
2021, the Company used $530,885 cash in operating activities driven
materially from the company's operating loss and reclassification
of $272,304 of cash to discontinued operations.
A full-text copy of the Form 10-Q is available for free at:
https://www.sec.gov/ix?doc=/Archives/edgar/data/1343465/000149315222032146/form10-q.htm
About Sun Pacific
Headquartered in Manalapan NJ, Sun Pacific Holding Corp. --
http://www.sunpacificholding.com-- offers "Next Generation" solar
panel and lighting products by working closely with design,
engineering, integration and installation firms in order to deliver
turnkey solar and other energy efficient solutions. It provides
solar bus stops, solar trashcans and "street kiosks" that utilize
advertising offerings that provide State and local municipalities
with costs efficient solutions. The Company provides general,
electrical, and plumbing contracting services to a range of both
public and commercials customers in support of its goals of
expanding its green energy market reach.
Sun Pacific reported net income of $2.97 million for the year ended
Dec. 31, 2021, compared to a net loss of $1.87 million for the year
ended Dec. 31, 2020. As of June 30, 2022, the Company had $397,959
in total assets, $3.21 million in total liabilities, and a total
stockholders' deficit of $2.82 million.
Dallas, Texas-based Turner, Stone & Company, L.L.P., the Company's
auditor since 2017, issued a "going concern" qualification in its
report dated April 15, 2022, citing that the Company has suffered
recurring losses from operations since inception and has a
significant working capital deficiency, both of which raise
substantial doubt about its ability to continue as a going concern.
THOMAS M. DLUGOLECKI: Sale of San Diego Property for $4.5M Approved
-------------------------------------------------------------------
Judge Christopher B. Latham of the U.S. Bankruptcy Court for the
Southern District of California authorized Thomas Michael
Dlugolecki's proposed sale of the real property located at 7671
Iluminado, in San Diego, California 92127, for over $4.5 million.
The status conference on the Chapter 11 petition is continued to
Dec. 19, 2022, at 2:00 p.m. The Court will look for status report
from the Debtor by Dec. 12, 2022.
The Debtor needs to file August and September 2022 monthly
operating reports and should tend to that quickly. He needs to
also become current on outstanding UST quarterly fees. The Court
is going to require a separate motion to dismiss as discussed in
Court.
Atty. Bruce R. Babcock expects to file that by Nov. 15, 2022, if
the escrow successfully closes. The matter will then come on for a
hearing on Dec. 19, 2022, at 2:00 p.m. The briefing on the motion
to dismiss will be in the normal course.
If the closing and timing of the closing make it not possible for a
motion to dismiss to be filed by Nov. 15, 2022, Atty Babcock can
contact the Dept 5 Courtroom Deputy and explain that orally. There
can then be a continuance of the hearing date on the motion to
dismiss without a written application, presumably into the month of
January 2023.
For the reasons stated on the record, including the stipulation
among the parties, the sale motion will be granted. The sale is
set to close Nov. 8, 2022 per Atty. Babcock. The final amounts
that are to be paid out of escrow to the Debtor need to be directed
to the attorney-client trust account of Atty. Babcock, where the
funds will remain pending further order of the Court or development
in the case. Approximately $625,000 is expected to be paid over to
the Debtor, with all other escrow disbursements to be paid as laid
out in the closing statement. Order to be preapred by Atty.
Babcock with sign-off by Atty. Campbell & UST.
Thomas Michael Dlugolecki sought Chapter 11 protection (Bankr.
S.D.
Cal. Case No. 22-01720) on June 30, 2022. The Debtor tapped Bruce
Babcock, Esq. as counsel.
V.N.D. LLC: Sale of Jamestown Property for $2.9 Million Approved
----------------------------------------------------------------
Judge Shon Hastings of the U.S. Bankruptcy Court for the District
of North Dakota enters an Amended Order authorizing V.N.D. LLC's
sale of the property located at 410 10th Street SE, in Jamestown,
North Dakota 58401, for $2.9 million.
The Court approves the Debtor's decision to agree to the terms and
conditions in the Purchase Agreement and to execute the Addendum to
thereto.
The Sale is free and clear of all liens, claims, encumbrances, and
other interests; and such interests will attach to the proceeds of
the sale.
The Debtor (or a third-party escrow agent) is authorized to pay
from proceeds of the sale of the real property all closing costs
and title fees and expenses, including:
a. NAI Hoffman Broker Fee - $80,000;
b. Property Resources Group Broker Fee - $80,000;
c. The Title Company Closing Costs - $2,500 (approximate); and
F. The Debtor (or a third-party escrow agent) is also
authorized to pay Farmers Insurance Group Federal Credit Union $2
million of the sale proceeds, or a sum Debtor and Farmers agree
represents the undisputed portion of Farmers' secured claim.
All sale proceeds in excess of the sums listed will be deposited in
the Debtor's DIP account.
Notwithstanding Bankruptcy Rules 6004(h) and 6006(d), the Order
will be effective and enforceable immediately upon its entry.
About V.N.D. Limited Liability
V.N.D. Limited Liability Company filed a petition for Chapter 11
protection (Bankr. D. N.D. Case No. 21-30511) on Dec. 21, 2021,
listing as much as $10 million in both assets and liabilities.
Dorothy Flisk, president, signed the petition.
Judge Shon Hastings oversees the case.
The Debtor is represented by Michael L. Gust, Esq., at Anderson,
Bottrell, Sanden & Thompson and Sara E. Diaz, Esq., at Bulie Diaz
Law Office.
VANGUARD WINES: Boutinot Buys Substantially All Assets for $1-Mil.
------------------------------------------------------------------
Vanguard Wines, LLC, seeks approval from the U.S. Bankruptcy Court
for the Northern District of Ohio to sell substantially all assets
to Boutinot USA, Inc., subject to overbid, for:
(i) the value of the Debtor's stock in wine (with the
stock valued at the lower of cost price or net realizable value as
listed on the Debtor's stock valuation report) at the time of
closing which is anticipated to be approximately $1 million ("Stock
Component");
(ii) $52,000; and
(iii) payment of cure costs for executory contracts or
unexpired leases to be assumed and assigned.
Both prior to and since the Petition Date, the Debtor has had
informal discussions with various parties concerning either an
investment in or possible acquisition of its business. In
accordance with the Bid Procedures, it will conduct a post-petition
marketing process consisting of industry wide advertising and a
more targeted campaign to potential interested parties to qualify
as additional buyers and sell the Assets to the highest or best
bidder through a Court-approved process as set forth in the Bid
Procedures.
The Stalking Horse Bidder has provided the basis for soliciting
opening bids for a possible auction of the Assets. Pursuant to the
proposed Bid Procedures, if the Debtor receives one or more
Qualified Bids, an auction will be commenced on a date and time and
at a location set by the Court. In the event of an Auction, the
Debtor intends to enter into a definitive asset purchase or sale
agreement ("Final APA") with the Successful Bidder and seek
approval of the Final APA at the Sale Hearing.
The Debtor respectfully requests that the Court: (a) authorizes the
sale of the Assets to the successful bidder pursuant to the Final
APA, free and clear of all liens, claims, encumbrances or other
interests, with such liens, claims, rights, interests and
encumbrances to attach to the sale proceeds; (b) approves the
assumption and assignment of the Assumed Contracts and Leases,
subject to, and at the time of, closing of the sale; and (c) grant
such other relief as may be necessary or appropriate.
The purchase price for the Assets under the Stalking Horse APA is
the aggregate of the following: (i) the value of the Stock
Component and (ii) $52,000. The Stalking Horse APA (and any Final
APA) also required payment of cure costs for executory contracts or
unexpired leases to be assumed and assigned. The Expense
Reimbursement is subject to a cap of $50,000.
The proposed bidding procedures timeline is as follows:
a. Auction (if necessary): Nov. 28, 2022
b. Sale Hearing: Nov. 29, 2022
c. Entry of Approval Order: Nov. 29, 2022
In order to enhance the value to its estate, the Debtor requests
approval of the assumption and assignment of the executory
contracts and unexpired leases to the Successful Bidder upon the
closing of the transaction contemplated under the APA and payment
of the Cure Costs, all of which will be identified in a separate
Cure Notice to be mailed within three business days following entry
of the Bid Procedures Order. The amounts listed in the Cure Notice
are what the Debtor believes are owed to each counterparty to an
Assumed Contract or Lease in order to cure any defaults that exist
under such contract or lease.
In accordance with the terms of the APA, the Successful Bidder will
promptly pay or cause to be paid the Cure Costs with respect to the
Assumed Contracts and Leases.
In order to allow the immediate realization of value for the
Assets, the Debtor requests that any order grating his Motion is
effective immediately and not subject to the 14-day stay imposed by
Bankruptcy Rules 6004(h) and 6006(d).
About Vanguard Wines
Vanguard Wines, LLC, an Ohio-based wine wholesaler and importer,
filed a petition for relief under Subchapter V of Chapter 11 of
the
Bankruptcy Code (Bankr. N.D. Ohio Case No. 22-51200) on Oct. 10,
2022, with between $1 million and $10 million in both assets and
liabilities. Patricia B. Fugee has been appointed as Subchapter V
trustee.
Judge Alan M. Koschik oversees the case.
The Debtor is represented by Richard K. Stovall, Esq., at Allen
Stovall Neuman & Ashton, LLP.
VERITAS FARMS: Incurs $979K Net Loss in Third Quarter
-----------------------------------------------------
Veritas Farms, Inc. has filed with the Securities and Exchange
Commission its Quarterly Report on Form 10-Q disclosing a net loss
of $979,232 on $180,408 of revenues for the three months ended
Sept. 30, 2022, compared to a net loss of $1.44 million on $555,870
of revenues for the three months ended Sept. 30, 2021.
For the nine months ended Sept. 30, 2022, the Company reported a
net loss of $2.87 million on $948,046 of revenues compared to a net
loss of $3.28 million on $2 million of revenues for the same period
during the prior year.
As of Sept. 30, 2022, the Company had $8.35 million in total
assets, $6.58 million in total liabilities, and $1.76 million in
total shareholders' equity.
Veritas Farms stated, "The accompanying financial statements have
been prepared in conformity with U.S. GAAP, which contemplate
continuation of the Company as a going concern. However, the
Company has sustained substantial losses from operations since its
inception. As of and for the period ended September 30, 2022, the
Company had an accumulated deficit of $37,098,203 and a net loss
attributable to common shareholders of $3,167,489. These factors,
among others, raise substantial doubt about the ability of the
Company to continue as a going concern. Continuation as a going
concern is dependent on the ability to raise additional capital and
financing until we can achieve a level of operational
profitability, though there is no assurance of success.
"The Company believes that it will require additional financing to
fund its growth and achieve profitability. The Company anticipates
that such financing will be generated from subsequent private
offerings of its equity and/or debt securities. While we believe
additional financing will be available to us as needed, there can
be no assurance that such financing will be available on
commercially reasonable terms or otherwise, when needed. Moreover,
any such additional financing may dilute the interests of existing
shareholders. The absence of additional financing, when needed,
could substantially harm the Company, its business, results of
operations and financial condition."
A full-text copy of the Form 10-Q is available for free at:
https://www.sec.gov/ix?doc=/Archives/edgar/data/1669400/000121390022071954/f10q0922_veritasfarms.htm
About Veritas
Fort Lauderdale, Florida-based Veritas Farms, Inc. --
www.TheVeritasFarms.com -- is a vertically-integrated agribusiness
focused on growing, producing, marketing, and distributing superior
quality, whole plant, full spectrum hemp oils and extracts
containing naturally occurring phytocannabinoids. Veritas Farms
owns and operates a 140 acre farm in Pueblo, Colorado, capable of
producing over 200,000 proprietary full spectrum hemp plants which
can potentially yield a minimum annual harvest of 250,000 to
300,000 pounds of outdoor-grown industrial hemp.
Veritas Farms reported a net loss of $7.07 million for the year
ended Dec. 31, 2021, compared to a net loss of $7.59 million for
the year ended Dec. 31, 2020. As of March 31, 2022, the Company
had $8.38 million in total assets, $4.91 million in total
liabilities, and $3.47 million in total shareholders' equity.
Hackensack, New Jersey-based Prager Metis CPA's LLC, the Company's
auditor since 2018, issued a "going concern" qualification in its
report dated April 12, 2022, citing that the Company has sustained
substantial losses from operations since its inception. As of and
for the year ended Dec. 31, 2021, the Company had an accumulated
deficit of $33,930,714, and a net loss of $7,263,567. These
factors, among others, raise substantial doubt about the ability of
the Company to continue as a going concern. Continuation as a
going concern is dependent on the ability to raise additional
capital and financing, though there is no assurance of success.
VESTA HOLDINGS: Sells All Assets for Approx. $125M to SRA Holdings
------------------------------------------------------------------
Vesta Holdings, LLC, and its debtor-affiliates ask the U.S.
Bankruptcy Court for the District of Delaware to authorize the
bidding procedures in connection with the sale of all or
substantially all assets to SRA Holdings, LLC, subject to overbid.
It is critical that the Debtors consummate a value-maximizing going
concern sale as expeditiously as possible to avoid the harm caused
by the alleged misconduct carried out by Joshua Coleman -- the
founder of Debtor Vesta and former Manager and CEO of Vesta. To
that end, the Debtors have determined, in consultation with their
advisors, that a sale of the Assets is the best available path to
maximize the value of their estates for the benefit of their
stakeholders.
The Debtors undertook several actions prior to commencing these
Chapter 11 Cases to ensure that their sale process yields a
value-maximizing transaction. They intend to file a joint chapter
11 plan for them shortly after the Petition Date. It is imperative
that the Debtors maintain the stability of their business and
provide certainty to their vendors, insurance carriers, insurance
agencies, and workforce regarding their path forward from the
outset of these Chapter 11 Cases.
To that end, the proposed Bidding Procedures establish a process
for the swift and orderly transition of the Debtors' business to
the Successful Bidder. This process will signal to the Debtors'
stakeholders that the situation in which the Debtors find
themselves is temporary and their insurance brokerage services
business will emerge from the chapter 11 process with new owners
and a clean slate.
In addition, under the Bidding Procedures Order, the Debtors
request authority, but not direction, to pay the 2022 Earnout
Payment totaling approximately $1.76 million. The 2022 Earnout
Payment is an obligation of the Debtors that will arise during
these Chapter 11 Cases pursuant to the terms of an asset purchase
agreement executed in connection with Debtor Summit Risk Advisors
LLC's acquisition of Mappus Insurance Agency, Inc., a South
Carolina corporation, in September 2021. The amount of the 2022
Earnout Payment is based on Mappus' achievement of certain
financial goals post-acquisition.
On Oct. 30, 2022, the Debtors and an affiliate of certain of the
Prepetition Lenders, the Stalking Horse Bidder, entered into a
stalking horse asset purchase agreement. The Stalking Horse
Agreement is subject to higher or better offers and includes a
provision for the payment of capped expense reimbursement upon the
Debtors' consummation of an alternative sale transaction. The
expense reimbursement is capped at an aggregate maximum amount of
$1.5 million.
The material terms of the Stalking Horse Agreement are:
a. Purchase Price: The Purchase Price is comprised of the
Credit Bid and assumption of the Assumed Liabilities.
(i) the assumption by the Buyer or any of the applicable
Buyer Designees, if any, of the Assumed Liabilities from Sellers;
(ii) the release of Sellers and any guarantors under the
DIP Term Sheet and the Prepetition Credit Agreement of all or a
portion (as determined by the Buyer) of the Liabilities arising
under, or otherwise relating to the DIP Term Sheet and the
Prepetition Credit Agreement in an aggregate amount equal to (a)
$125 million and (b) the portion of the Purchase Price consisting
of the Credit Bid and Release will be allocated solely to the
portion of Acquired Assets constituting Collateral and the DIP
Collateral securing the Obligations, the DIP Obligations, and the
Adequate Protection Obligations, as applicable, and in no event
will such portion of the Purchase Price be allocated to any assets
not constituting Collateral and the DIP Collateral securing the
Obligations, the DIP Obligations and the Adequate Protection
Obligations, as applicable; and
(iii) such additional cash consideration, the use,
allocation and amount of which will be determined at the sole
discretion of the Buyer and by providing written notice to the
Sellers.
b. Acquired Assets: Substantially All Assets
c. Closing: March 9, 2023, or 45 days after the date of entry
of the Sale Order
d. The Debtors are seeking to sell the Assets free and clear
of all claims, encumbrances, and other interests, except as to
permitted Liens and Assumed Liabilities.
e. Bid Protection: $1.5 million
f. The Debtors are requesting relief from the 14-day stay
imposed by Bankruptcy Rules 6004(h) and 6006(d).
The salient terms of the Bidding Procedures are:
a. Bid Deadline: Jan. 4, 2023, at 4:00 p.m. (ET)
b. Initial Bid: Equal to or greater than the sum of (i) the
value of the Stalking Horse Agreement, as determined by the
Debtors; and (ii) an initial overbid of at least $2.5 million, and
(b) must obligate the Bidder to pay all amounts that the Stalking
Horse Bidder has agreed to pay under the Stalking Horse Agreement,
including any Assumed Liabilities and the Expense Reimbursement.
c. Deposit: 10% of the total cash and non-cash consideration
proposed by the Bidder to be held in an escrow account to be
identified and established by the Debtors
d. Auction: The Auction, if necessary, will take place on Jan.
12, 2023, at 10:00 a.m. (EDT) at the offices of proposed counsel
for the Debtors, Ropes & Gray LLP, 1211 Avenue of the Americas New
York, New York 10036, or such other place and time as the Debtors
will notify all Qualified Bidders that have submitted Qualified
Bids (including the Stalking Horse Bidder) and their counsel.
e. Bid Increments: $2.5 million
f. Sale Hearing: Jan. 18, 2023
g. Sale Objection Deadline: Jan. 16, 2023, at 4:00 p.m. (EDT)
h. Credit Bid: The Stalking Horse Bidder will automatically be
deemed a Qualified Bidder and will have the right to credit bid on
a dollar-for-dollar basis all or a portion of (i) the DIP
Obligations held by affiliates of the Stalking Horse Bidder, (ii)
the Obligations held by affiliates of the Stalking Horse Bidder,
and (iii) the Adequate Protection Obligations held by the
affiliates of the Stalking Horse Bidder.
Within three business days following the entry of the Bidding
Procedures Order or as soon as reasonably practicable thereafter,
the
Debtors will cause the Sale Notice to be served upon the Sale
Notice Parties.
The Debtors are also seeking approval of procedures regarding the
assumption and assignment of the executory contracts and unexpired
leases proposed to be assumed by them. The Assumption and
Assignment Service Deadline is Dec. 12, 2022, at 11:59 p.m. (ET).
The Cure Objection Deadline is the 14th day after service of the
relevant Contract Assumption Notice or Supplemental Assumption
Notice.
The Debtors request that the Court waives the 14-day stay period
under Bankruptcy Rules 6004(h) and 6006(d).
A copy of the Bidding Procedures is available at
https://tinyurl.com/2hybt5cf from PacerMonitor.com free of charge.
About Vesta Holdings, LLC
Historically, Vesta Holdings, LLC and each of its affiliates
provided wealth advisory, risk management services, and insurance
brokerage services to individual and corporate clients across the
United States. In recent years, they have focused on growing their
insurance brokerage services business, which is primarily operated
under Summit Risk Advisors LLC. Summit primarily concentrates on
property and casualty insurance offerings.
The Debtors sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 22-11019) on October 30,
2022. In the petition signed by Michael Hines, their chief
financial officer, the Debtor disclosed up to $500 million in both
assets and liabilities.
The Debtors tapped Ropes and Grapy LLP as general bankruptcy
counsel, Potter Anderson & Corroon LLP as co-bankruptcy counsel,
Province LLC as financial advisor, and Omni Agent Solutions as
notice, claims, solicitation, and balloting agent.
Colbeck Strategic Lending Offshore Mini-Master AIV, L.P. and
Colbeck Strategic Lending II Master, L.P., and CION Investment
Corporation and 34th Street Funding, LLC, as DIP Lenders, are
represented by Akin Gump Strauss Hauer and Feld LLP and Blank Rome
LLP.
VESTA HOLDINGS: Sets Bid Procedures for Substantially All Assets
----------------------------------------------------------------
Vesta Holdings, LLC, and its debtor-affiliates ask the U.S.
Bankruptcy Court for the District of Delaware to authorize the
bidding procedures in connection with the sale of all or
substantially all assets to SRA Holdings, LLC, subject to overbid.
It is critical that the Debtors consummate a value-maximizing going
concern sale as expeditiously as possible to avoid the harm caused
by the alleged misconduct carried out by Joshua Coleman -- the
founder of Debtor Vesta and former Manager and CEO of Vesta. To
that end, the Debtors have determined, in consultation with their
advisors, that a sale of the Assets is the best available path to
maximize the value of their estates for the benefit of their
stakeholders.
The Debtors undertook several actions prior to commencing these
Chapter 11 Cases to ensure that their sale process yields a
value-maximizing transaction. It is imperative that the Debtors
maintain the stability of their business and provide certainty to
their vendors, insurance carriers, insurance agencies, and
workforce regarding their path forward from the outset of these
Chapter 11 Cases.
To that end, the proposed Bidding Procedures establish a process
for the swift and orderly transition of the Debtors' business to
the Successful Bidder. This process will signal to the Debtors'
stakeholders that the situation in which the Debtors find
themselves is temporary and their insurance brokerage services
business will emerge from the chapter 11 process with new owners
and a clean slate.
In addition, under the Bidding Procedures Order, the Debtors
request authority, but not direction, to pay the 2022 Earnout
Payment totaling approximately $1.76 million. The 2022 Earnout
Payment is an obligation of the Debtors that will arise during
these Chapter 11 Cases pursuant to the terms of an asset purchase
agreement executed in connection with Debtor Summit Risk Advisors
LLC's acquisition of Mappus Insurance Agency, Inc., a South
Carolina corporation, in September 2021. The amount of the 2022
Earnout Payment is based on Mappus' achievement of certain
financial goals post-acquisition.
On Oct. 30, 2022, the Debtors and an affiliate of certain of the
Prepetition Lenders, the Stalking Horse Bidder, entered into a
stalking horse asset purchase agreement. The Stalking Horse
Agreement is subject to higher or better offers and includes a
provision for the payment of capped expense reimbursement upon the
Debtors' consummation of an alternative sale transaction. The
expense reimbursement is capped at an aggregate maximum amount of
$1.5 million.
The material terms of the Stalking Horse Agreement are:
a. Purchase Price: The Purchase Price is comprised of the
Credit Bid and assumption of the Assumed Liabilities.
(i) the assumption by the Buyer or any of the applicable
Buyer Designees, if any, of the Assumed Liabilities from Sellers;
(ii) the release of Sellers and any guarantors under the
DIP Term Sheet and the Prepetition Credit Agreement of all or a
portion (as determined by the Buyer) of the Liabilities arising
under, or otherwise relating to the DIP Term Sheet and the
Prepetition Credit Agreement in an aggregate amount equal to (a)
$125 million and (b) the portion of the Purchase Price consisting
of the Credit Bid and Release will be allocated solely to the
portion of Acquired Assets constituting Collateral and the DIP
Collateral securing the Obligations, the DIP Obligations, and the
Adequate Protection Obligations, as applicable, and in no event
will such portion of the Purchase Price be allocated to any assets
not constituting Collateral and the DIP Collateral securing the
Obligations, the DIP Obligations and the Adequate Protection
Obligations, as applicable; and
(iii) such additional cash consideration, the use,
allocation and amount of which will be determined at the sole
discretion of the Buyer and by providing written notice to the
Sellers.
b. Acquired Assets: Substantially All Assets
c. Closing: March 9, 2023, or 45 days after the date of entry
of the Sale Order
d. The Debtors are seeking to sell the Assets free and clear
of all claims, encumbrances, and other interests, except as to
permitted Liens and Assumed Liabilities.
e. Bid Protection: $1.5 million
f. The Debtors are requesting relief from the 14-day stay
imposed by Bankruptcy Rules 6004(h) and 6006(d).
The salient terms of the Bidding Procedures are:
a. Bid Deadline: Jan. 4, 2023, at 4:00 p.m. (ET)
b. Initial Bid: Equal to or greater than the sum of (i) the
value of the Stalking Horse Agreement, as determined by the
Debtors; and (ii) an initial overbid of at least $2.5 million, and
(b) must obligate the Bidder to pay all amounts that the Stalking
Horse Bidder has agreed to pay under the Stalking Horse Agreement,
including any Assumed Liabilities and the Expense Reimbursement.
c. Deposit: 10% of the total cash and non-cash consideration
proposed by the Bidder to be held in an escrow account to be
identified and established by the Debtors
d. Auction: The Auction, if necessary, will take place on Jan.
12, 2023, at 10:00 a.m. (EDT) at the offices of proposed counsel
for the Debtors, Ropes & Gray LLP, 1211 Avenue of the Americas New
York, New York 10036, or such other place and time as the Debtors
will notify all Qualified Bidders that have submitted Qualified
Bids (including the Stalking Horse Bidder) and their counsel.
e. Bid Increments: $2.5 million
f. Sale Hearing: Jan. 18, 2023
g. Sale Objection Deadline: Jan. 16, 2023 at 4:00 p.m. (EDT)
h. Credit Bid: The Stalking Horse Bidder will automatically be
deemed a Qualified Bidder and will have the right to credit bid on
a dollar-for-dollar basis all or a portion of (i) the DIP
Obligations held by affiliates of the Stalking Horse Bidder, (ii)
the Obligations held by affiliates of the Stalking Horse Bidder,
and (iii) the Adequate Protection Obligations held by the
affiliates of the Stalking Horse Bidder.
Within three business days following the entry of the Bidding
Procedures Order or as soon as reasonably practicable thereafter,
the
Debtors will cause the Sale Notice to be served upon the Sale
Notice Parties.
The Debtors are also seeking approval of procedures regarding the
assumption and assignment of the executory contracts and unexpired
leases proposed to be assumed by them. The Assumption and
Assignment Service Deadline is Dec. 12, 2022, at 11:59 p.m. (ET).
The Cure Objection Deadline is the 14th day after service of the
relevant Contract Assumption Notice or Supplemental Assumption
Notice.
The Debtors request that the Court waives the 14-day stay period
under Bankruptcy Rules 6004(h) and 6006(d).
About Vesta Holdings, LLC
Historically, Vesta Holdings, LLC and each of its affiliates
provided wealth advisory, risk management services, and insurance
brokerage services to individual and corporate clients across the
United States. In recent years, they have focused on growing their
insurance brokerage services business, which is primarily operated
under Summit Risk Advisors LLC. Summit primarily concentrates on
property and casualty insurance offerings.
The Debtors sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 22-11019) on October 30,
2022. In the petition signed by Michael Hines, their chief
financial officer, the Debtor disclosed up to $500 million in both
assets and liabilities.
The Debtors tapped Ropes and Grapy LLP as general bankruptcy
counsel, Potter Anderson & Corroon LLP as co-bankruptcy counsel,
Province LLC as financial advisor, and Omni Agent Solutions as
notice, claims, solicitation, and balloting agent.
Colbeck Strategic Lending Offshore Mini-Master AIV, L.P. and
Colbeck Strategic Lending II Master, L.P., and CION Investment
Corporation and 34th Street Funding, LLC, as DIP Lenders, are
represented by Akin Gump Strauss Hauer and Feld LLP and Blank Rome
LLP.
WAKASA LLC: Seeks to Hire The Lane Law Firm as Legal Counsel
------------------------------------------------------------
Wakasa LLC seeks approval from the U.S. Bankruptcy Court for the
Southern District of Texas to hire The Lane Law Firm as its legal
counsel.
The firm's services include:
a. advising the Debtor regarding the administration of its
Chapter 11 case;
b. assisting the Debtor in analyzing its assets and
liabilities, investigating the extent and validity of lien and
claims, and participating in and reviewing any proposed asset sales
or dispositions;
c. attending meetings and negotiating with representatives of
secured creditors;
d. assisting the Debtor in the preparation, analysis and
negotiation of any plan of reorganization and disclosure statement
accompanying the plan;
e. taking all necessary actions to protect and preserve the
interests of the Debtor;
f. appearing in courts; and
g. performing all other necessary legal services for the
Debtor.
The firm will be paid at these rates:
Partners $550 per hour
Supervising Attorneys $475 per hour
Associates $350 to $400 per hour
Paralegals $125 to $175 per hour
The retainer is $30,000.
In addition, the firm will receive reimbursement for its
out-of-pocket expenses.
Robert Lane, Esq., a partner at The Lane Law Firm, disclosed in a
court filing that his firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Robert C. Lane, Esq.
Joshua D. Gordon, Esq.
The Lane Law Firm
6200 Savoy, Suite 1150
Houston, TX 77036
Tel: (713) 595-8200
Fax: (713) 595-8201
Email: notifications@lanelaw.com
Joshua.gordon@lanelaw.com
About Wakasa LLC
Wakasa LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 22-33323) on November 4,
2022. In the petition signed by Stephen Clark, president, the
Debtor disclosed up to $50,000 in assets and up to $1 million in
liabilities.
Robert C Lane, Esq., at The Lane Law Firm, is the Debtor's legal
counsel.
YOLANDA C. HOLMES: Taps Comprehensive Business as Accountant
------------------------------------------------------------
Yolanda C. Holmes, M.D. P.C. seeks approval from the U.S.
Bankruptcy Court for the District of Columbia to employ
Comprehensive Business of Northern Virginia, LLC as its
accountant.
The Debtor requires an accountant to assist with budgeting and the
preparation of its monthly operating reports, financial projections
and federal and state tax returns.
The firm will charge $175 per hour for its services.
As disclosed in court filings, Comprehensive Business is a
disinterested person as that term is defined in the Bankruptcy
Code.
The firm can be reached through:
Chris V. Banagan
Comprehensive Business of Northern Virginia, LLC
7633 Leesburg Pike, Suite 100
Falls Church, VA 22043
Tel: 703-448-1224
About Yolanda C. Holmes
Yolanda C. Holmes, M.D. P.C. filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. D.C. Case No. 22-00194)
on Oct. 24, 2022, with as much as $1 million in both assets and
liabilities. Jolene E. Wee has been appointed as Subchapter V
trustee.
Judge Elizabeth L. Gunn oversees the case.
The Debtor tapped Frank Morris II, Esq., at The Law Firm of
MorrisMargulies, LLC as legal counsel and Comprehensive Business of
Northern Virginia, LLC as accountant.
[*] Kunal Kamlani Joins M3 Partners' Restructuring, Turnaround Team
-------------------------------------------------------------------
M3 Partners, LP, ("M3") a leading independent corporate advisory
firm, on Nov. 28 disclosed that Kunal S. Kamlani has joined the
firm's team of advisory, restructuring, turnaround and performance
improvement veterans as Senior Managing Director, effective
immediately. Mr. Kamlani brings deep operational expertise, and has
led companies across key verticals including financial services,
global leisure & hospitality, retail, real estate, and home
services.
Mo Meghji, founder and Managing Partner of M3, said, "Kunal is an
excellent addition to the M3 Partners team, bringing sophisticated
financial and operational expertise with industry and customer
focused insight. Throughout his more than 25-year career, he has
worked with sponsors, boards, management, and employee teams,
always with a drive to maximize shareholder value and bottom line
results."
"I'm thrilled to join M3 Partners, a growing corporate financial
advisory firm with an impressive track record in performance
improvement and restructuring," said Mr. Kamlani. "Having served as
an investor and member of the C-suite or board across numerous
verticals, I have faced a broad range of business challenges, with
most of them occurring when the relationships between strategy,
operations, and funding requirements are not fully understood.
Taking a dispassionate approach to identify critical points of
misalignment across an enterprise is not easy, but it's an
effective way to drive change and maximize value for stakeholders.
I look forward to working with my M3 colleagues to help clients
address their challenges in sustainable and profitable ways."
Prior to joining M3, Mr. Kamlani served as president of ESL
Investments where he led the firm's M&A, divestiture, and financing
activities and worked side by side with portfolio company
management teams on process reengineering. Prior to ESL
Investments, Mr. Kamlani served first as CFO, and then as president
and COO of Prestige Cruise Holdings, the parent company of Oceania
Cruises and Regent Seven Seas Cruises, where he generated record
revenue and EBITDA every year and completed the sale of Prestige
Cruise Holdings to Norwegian Cruise Lines for $3.1 billion. Mr.
Kamlani also served as head of Bank of America/Merrill Lynch's $8
billion Global Investment Solutions business, where he was
responsible for developing client solutions across all asset
classes, enabling financial advisors to grow their businesses.
Prior to that, he was COO of Citi Smith Barney, head of Financial
Planning & Analysis of Citigroup, and vice president of Corporate
Development for Starwood Hotels & Resorts.
"We believe Kunal's expertise will prove exceptionally valuable to
clients across cycles," continued Mr. Meghji. "Cracks have begun to
show in the middle market, and companies that may have borrowed to
outlast the pandemic are left with even more debt while customers
are experiencing inflation, pain at the pump, continuing supply
chain disruptions, and a looming winter of high energy costs. M3
Partners was founded to help clients overcome challenges like
these, and we look forward to working with them to weather what
lies ahead."
The M3 team has led more than 250 engagements, including some of
the most significant restructurings in the market. In recent years,
M3 has served as Chief Restructuring Officer for, among others,
Sears, Barneys New York, Sanchez Energy, Seadrill Partners, Sable
Permian Resources, Houlihan's Restaurants, and Relativity Media. M3
has also played a central role in some of the most complex
corporate restructurings, including Neiman Marcus, JCPenney, Paper
Source, Mallinckrodt Pharmaceuticals, J.Jill, and Tailored Brands,
and is serving as financial advisor to the City of Long Beach, New
York.
M3 applies its financial and operational expertise to align
interests of disparate stakeholders to maximize value. Its team of
more than 50 professionals has a track record of success in working
alongside or across from the largest lenders, private equity
sponsors, hedge funds, investment bankers, and legal advisors in
the industry.
About M3 Partners
M3 -- http://www.M3-partners.com-- is an independent corporate
advisory firm that provides operational, strategic, and financial
solutions to a broad range of clients. M3's clients look to the
firm for financial advisory services, performance improvement, and
operational diligence during all stages and market cycles, and the
firm is also called on to lead as interim management. M3 is well
versed in navigating sensitive corporate situations and the firm
has a demonstrated track record of achieving successful outcomes
for clients, including in some of the most significant recent
restructurings in the market. M3's engagement teams are led by
senior turnaround veterans with decades of combined experience
across key verticals.
[^] Large Companies with Insolvent Balance Sheet
------------------------------------------------
Total
Share- Total
Total Holders' Working
Assets Equity Capital
Company Ticker ($MM) ($MM) ($MM)
------- ------ ------ -------- -------
7GC & CO HOLD-A VII US 231.4 -10.3 -2.2
7GC & CO HOLDING VIIAU US 231.4 -10.3 -2.2
ABSOLUTE SOFTWRE ABST US 544.9 -4.3 -53.0
ABSOLUTE SOFTWRE OU1 GR 544.9 -4.3 -53.0
ABSOLUTE SOFTWRE ABST CN 544.9 -4.3 -53.0
ABSOLUTE SOFTWRE ABT2EUR EU 544.9 -4.3 -53.0
ABSOLUTE SOFTWRE OU1 GZ 544.9 -4.3 -53.0
ACCELERATE DIAGN AXDX* MM 75.8 -9.8 56.7
AEMETIS INC AMTX US 198.9 -184.9 -159.0
AEMETIS INC DW51 GR 198.9 -184.9 -159.0
AEMETIS INC AMTXGEUR EZ 198.9 -184.9 -159.0
AEMETIS INC AMTXGEUR EU 198.9 -184.9 -159.0
AEMETIS INC DW51 GZ 198.9 -184.9 -159.0
AEMETIS INC DW51 TH 198.9 -184.9 -159.0
AEMETIS INC DW51 QT 198.9 -184.9 -159.0
AERIE PHARMACEUT AERI US 375.6 -164.0 169.5
AERIE PHARMACEUT AERIEUR EU 375.6 -164.0 169.5
AERIE PHARMACEUT 0P0 GR 375.6 -164.0 169.5
AERIE PHARMACEUT 0P0 TH 375.6 -164.0 169.5
AERIE PHARMACEUT 0P0 QT 375.6 -164.0 169.5
AERIE PHARMACEUT 0P0 GZ 375.6 -164.0 169.5
AIR CANADA AC CN 29,754.0 -1,931.0 1,190.0
AIR CANADA ADH2 GR 29,754.0 -1,931.0 1,190.0
AIR CANADA ACEUR EU 29,754.0 -1,931.0 1,190.0
AIR CANADA ADH2 TH 29,754.0 -1,931.0 1,190.0
AIR CANADA ACDVF US 29,754.0 -1,931.0 1,190.0
AIR CANADA ADH2 QT 29,754.0 -1,931.0 1,190.0
AIR CANADA ADH2 GZ 29,754.0 -1,931.0 1,190.0
ALNYLAM PHAR-BDR A1LN34 BZ 3,535.3 -67.6 1,918.1
ALNYLAM PHARMACE ALNY US 3,535.3 -67.6 1,918.1
ALNYLAM PHARMACE DUL GR 3,535.3 -67.6 1,918.1
ALNYLAM PHARMACE DUL QT 3,535.3 -67.6 1,918.1
ALNYLAM PHARMACE ALNYEUR EU 3,535.3 -67.6 1,918.1
ALNYLAM PHARMACE DUL TH 3,535.3 -67.6 1,918.1
ALNYLAM PHARMACE DUL SW 3,535.3 -67.6 1,918.1
ALNYLAM PHARMACE ALNY* MM 3,535.3 -67.6 1,918.1
ALNYLAM PHARMACE DUL GZ 3,535.3 -67.6 1,918.1
ALNYLAM PHARMACE ALNYEUR EZ 3,535.3 -67.6 1,918.1
ALPHA ENERGY INC APHE US 2.2 -1.1 -1.3
ALTICE USA INC-A ATUS US 33,282.6 -339.1 -1,469.1
ALTICE USA INC-A 15PA GR 33,282.6 -339.1 -1,469.1
ALTICE USA INC-A 15PA TH 33,282.6 -339.1 -1,469.1
ALTICE USA INC-A ATUSEUR EU 33,282.6 -339.1 -1,469.1
ALTICE USA INC-A 15PA GZ 33,282.6 -339.1 -1,469.1
ALTICE USA INC-A ATUS* MM 33,282.6 -339.1 -1,469.1
ALTICE USA INC-A ATUS-RM RM 33,282.6 -339.1 -1,469.1
ALTIRA GP-CEDEAR MOC AR 33,953.0 -4,232.0 -4,077.0
ALTIRA GP-CEDEAR MOD AR 33,953.0 -4,232.0 -4,077.0
ALTIRA GP-CEDEAR MO AR 33,953.0 -4,232.0 -4,077.0
ALTRIA GROUP INC PHM7 GR 33,953.0 -4,232.0 -4,077.0
ALTRIA GROUP INC MO* MM 33,953.0 -4,232.0 -4,077.0
ALTRIA GROUP INC MO US 33,953.0 -4,232.0 -4,077.0
ALTRIA GROUP INC MO SW 33,953.0 -4,232.0 -4,077.0
ALTRIA GROUP INC MOEUR EU 33,953.0 -4,232.0 -4,077.0
ALTRIA GROUP INC MO TE 33,953.0 -4,232.0 -4,077.0
ALTRIA GROUP INC PHM7 TH 33,953.0 -4,232.0 -4,077.0
ALTRIA GROUP INC MO CI 33,953.0 -4,232.0 -4,077.0
ALTRIA GROUP INC PHM7 QT 33,953.0 -4,232.0 -4,077.0
ALTRIA GROUP INC MOUSD SW 33,953.0 -4,232.0 -4,077.0
ALTRIA GROUP INC PHM7 GZ 33,953.0 -4,232.0 -4,077.0
ALTRIA GROUP INC 0R31 LI 33,953.0 -4,232.0 -4,077.0
ALTRIA GROUP INC ALTR AV 33,953.0 -4,232.0 -4,077.0
ALTRIA GROUP INC MOEUR EZ 33,953.0 -4,232.0 -4,077.0
ALTRIA GROUP INC MO-RM RM 33,953.0 -4,232.0 -4,077.0
ALTRIA GROUP INC PHM7 BU 33,953.0 -4,232.0 -4,077.0
ALTRIA GROUP-BDR MOOO34 BZ 33,953.0 -4,232.0 -4,077.0
AMC ENTERTAINMEN AMC US 9,206.1 -2,579.0 -717.4
AMC ENTERTAINMEN AH9 GR 9,206.1 -2,579.0 -717.4
AMC ENTERTAINMEN AMC4EUR EU 9,206.1 -2,579.0 -717.4
AMC ENTERTAINMEN AH9 TH 9,206.1 -2,579.0 -717.4
AMC ENTERTAINMEN AH9 QT 9,206.1 -2,579.0 -717.4
AMC ENTERTAINMEN AMC* MM 9,206.1 -2,579.0 -717.4
AMC ENTERTAINMEN AH9 GZ 9,206.1 -2,579.0 -717.4
AMC ENTERTAINMEN AH9 SW 9,206.1 -2,579.0 -717.4
AMC ENTERTAINMEN AMC-RM RM 9,206.1 -2,579.0 -717.4
AMC ENTERTAINMEN A2MC34 BZ 9,206.1 -2,579.0 -717.4
AMC ENTERTAINMEN APE* MM 9,206.1 -2,579.0 -717.4
AMC ENTERTAINMEN AH9 BU 9,206.1 -2,579.0 -717.4
AMERICAN AIR-BDR AALL34 BZ 66,652.0 -7,893.0 -4,593.0
AMERICAN AIRLINE AAL US 66,652.0 -7,893.0 -4,593.0
AMERICAN AIRLINE A1G GR 66,652.0 -7,893.0 -4,593.0
AMERICAN AIRLINE AAL* MM 66,652.0 -7,893.0 -4,593.0
AMERICAN AIRLINE A1G TH 66,652.0 -7,893.0 -4,593.0
AMERICAN AIRLINE A1G QT 66,652.0 -7,893.0 -4,593.0
AMERICAN AIRLINE A1G GZ 66,652.0 -7,893.0 -4,593.0
AMERICAN AIRLINE AAL11EUR EU 66,652.0 -7,893.0 -4,593.0
AMERICAN AIRLINE AAL AV 66,652.0 -7,893.0 -4,593.0
AMERICAN AIRLINE AAL TE 66,652.0 -7,893.0 -4,593.0
AMERICAN AIRLINE A1G SW 66,652.0 -7,893.0 -4,593.0
AMERICAN AIRLINE 0HE6 LI 66,652.0 -7,893.0 -4,593.0
AMERICAN AIRLINE AAL11EUR EZ 66,652.0 -7,893.0 -4,593.0
AMERICAN AIRLINE AAL-RM RM 66,652.0 -7,893.0 -4,593.0
AMERICAN AIRLINE AAL_KZ KZ 66,652.0 -7,893.0 -4,593.0
AMPLIFY ENERGY C AMPY US 458.2 -35.3 -48.9
AMPLIFY ENERGY C 2OQ GR 458.2 -35.3 -48.9
AMPLIFY ENERGY C MPO2EUR EU 458.2 -35.3 -48.9
AMPLIFY ENERGY C 2OQ TH 458.2 -35.3 -48.9
AMPLIFY ENERGY C 2OQ GZ 458.2 -35.3 -48.9
AMPLIFY ENERGY C 2OQ QT 458.2 -35.3 -48.9
AMPRIUS TECHNOLO AMPX US 0.1 -0.0 -0.0
AMYRIS INC AMRS* MM 754.1 -404.8 -36.8
AMYRIS INC A2MR34 BZ 754.1 -404.8 -36.8
AON PLC-CLASS A AON US 31,223.0 -670.0 488.0
AON PLC-CLASS A 4VK GR 31,223.0 -670.0 488.0
AON PLC-CLASS A 4VK QT 31,223.0 -670.0 488.0
AON PLC-CLASS A 4VK TH 31,223.0 -670.0 488.0
AON PLC-CLASS A AON1EUR EU 31,223.0 -670.0 488.0
AON PLC-CLASS A AONN MM 31,223.0 -670.0 488.0
AON PLC-CLASS A 4VK GZ 31,223.0 -670.0 488.0
ARENA GROUP HOLD AREN US 167.6 -31.2 -43.0
ASHFORD HOSPITAL AHD GR 3,971.7 -68.8 0.0
ASHFORD HOSPITAL AHT US 3,971.7 -68.8 0.0
ASHFORD HOSPITAL AHT1EUR EU 3,971.7 -68.8 0.0
ASHFORD HOSPITAL AHD TH 3,971.7 -68.8 0.0
ATLAS TECHNICAL ATCX US 528.8 -125.1 98.7
AUTOZONE INC AZO US 15,275.0 -3,538.9 -1,960.4
AUTOZONE INC AZ5 TH 15,275.0 -3,538.9 -1,960.4
AUTOZONE INC AZ5 GR 15,275.0 -3,538.9 -1,960.4
AUTOZONE INC AZOEUR EU 15,275.0 -3,538.9 -1,960.4
AUTOZONE INC AZ5 QT 15,275.0 -3,538.9 -1,960.4
AUTOZONE INC AZO AV 15,275.0 -3,538.9 -1,960.4
AUTOZONE INC AZ5 TE 15,275.0 -3,538.9 -1,960.4
AUTOZONE INC AZO* MM 15,275.0 -3,538.9 -1,960.4
AUTOZONE INC AZOEUR EZ 15,275.0 -3,538.9 -1,960.4
AUTOZONE INC AZ5 GZ 15,275.0 -3,538.9 -1,960.4
AUTOZONE INC AZO-RM RM 15,275.0 -3,538.9 -1,960.4
AUTOZONE INC-BDR AZOI34 BZ 15,275.0 -3,538.9 -1,960.4
AVID TECHNOLOGY AVID US 237.5 -141.4 -22.4
AVID TECHNOLOGY AVD GR 237.5 -141.4 -22.4
AVID TECHNOLOGY AVD TH 237.5 -141.4 -22.4
AVID TECHNOLOGY AVD GZ 237.5 -141.4 -22.4
AVIS BUD-CEDEAR CAR AR 25,197.0 -507.0 -770.0
AVIS BUDGET GROU CUCA GR 25,197.0 -507.0 -770.0
AVIS BUDGET GROU CAR US 25,197.0 -507.0 -770.0
AVIS BUDGET GROU CUCA QT 25,197.0 -507.0 -770.0
AVIS BUDGET GROU CAR2EUR EU 25,197.0 -507.0 -770.0
AVIS BUDGET GROU CAR* MM 25,197.0 -507.0 -770.0
AVIS BUDGET GROU CAR2EUR EZ 25,197.0 -507.0 -770.0
AVIS BUDGET GROU CUCA TH 25,197.0 -507.0 -770.0
AVIS BUDGET GROU CUCA GZ 25,197.0 -507.0 -770.0
BABCOCK & WILCOX BW US 881.6 -17.1 179.1
BABCOCK & WILCOX UBW1 GR 881.6 -17.1 179.1
BABCOCK & WILCOX BWEUR EU 881.6 -17.1 179.1
BATH & BODY WORK LTD0 GR 5,133.4 -2,608.9 494.5
BATH & BODY WORK LTD0 TH 5,133.4 -2,608.9 494.5
BATH & BODY WORK BBWI US 5,133.4 -2,608.9 494.5
BATH & BODY WORK LBEUR EU 5,133.4 -2,608.9 494.5
BATH & BODY WORK BBWI* MM 5,133.4 -2,608.9 494.5
BATH & BODY WORK LTD0 QT 5,133.4 -2,608.9 494.5
BATH & BODY WORK BBWI AV 5,133.4 -2,608.9 494.5
BATH & BODY WORK LBEUR EZ 5,133.4 -2,608.9 494.5
BATH & BODY WORK LTD0 GZ 5,133.4 -2,608.9 494.5
BATH & BODY WORK BBWI-RM RM 5,133.4 -2,608.9 494.5
BATTERY FUTURE A BFAC/U US 354.9 350.4 0.2
BATTERY FUTURE-A BFAC US 354.9 350.4 0.2
BED BATH &BEYOND BBBY US 4,666.6 -577.7 75.7
BED BATH &BEYOND BBY GR 4,666.6 -577.7 75.7
BED BATH &BEYOND BBY TH 4,666.6 -577.7 75.7
BED BATH &BEYOND BBBY* MM 4,666.6 -577.7 75.7
BED BATH &BEYOND BBBY SW 4,666.6 -577.7 75.7
BED BATH &BEYOND BBY QT 4,666.6 -577.7 75.7
BED BATH &BEYOND BBBYEUR EU 4,666.6 -577.7 75.7
BED BATH &BEYOND BBY GZ 4,666.6 -577.7 75.7
BED BATH &BEYOND BBBYEUR EZ 4,666.6 -577.7 75.7
BED BATH &BEYOND BBBY-RM RM 4,666.6 -577.7 75.7
BELLRING BRANDS BRBR US 707.2 -376.2 277.8
BELLRING BRANDS D51 TH 707.2 -376.2 277.8
BELLRING BRANDS BRBR2EUR EU 707.2 -376.2 277.8
BELLRING BRANDS D51 GR 707.2 -376.2 277.8
BELLRING BRANDS D51 QT 707.2 -376.2 277.8
BENEFITFOCUS INC BNFT US 233.7 -24.9 30.0
BENEFITFOCUS INC BTF GR 233.7 -24.9 30.0
BENEFITFOCUS INC BNFTEUR EU 233.7 -24.9 30.0
BEYOND MEAT INC BYND US 1,141.3 -142.0 605.3
BEYOND MEAT INC 0Q3 GR 1,141.3 -142.0 605.3
BEYOND MEAT INC 0Q3 GZ 1,141.3 -142.0 605.3
BEYOND MEAT INC BYNDEUR EU 1,141.3 -142.0 605.3
BEYOND MEAT INC 0Q3 TH 1,141.3 -142.0 605.3
BEYOND MEAT INC 0Q3 QT 1,141.3 -142.0 605.3
BEYOND MEAT INC BYND AV 1,141.3 -142.0 605.3
BEYOND MEAT INC 0Q3 SW 1,141.3 -142.0 605.3
BEYOND MEAT INC 0A20 LI 1,141.3 -142.0 605.3
BEYOND MEAT INC BYNDEUR EZ 1,141.3 -142.0 605.3
BEYOND MEAT INC 0Q3 TE 1,141.3 -142.0 605.3
BEYOND MEAT INC BYND* MM 1,141.3 -142.0 605.3
BEYOND MEAT INC B2YN34 BZ 1,141.3 -142.0 605.3
BEYOND MEAT INC BYND-RM RM 1,141.3 -142.0 605.3
BIOCRYST PHARM BO1 TH 558.6 -242.7 427.4
BIOCRYST PHARM BCRX US 558.6 -242.7 427.4
BIOCRYST PHARM BO1 GR 558.6 -242.7 427.4
BIOCRYST PHARM BO1 QT 558.6 -242.7 427.4
BIOCRYST PHARM BCRXEUR EU 558.6 -242.7 427.4
BIOCRYST PHARM BO1 SW 558.6 -242.7 427.4
BIOCRYST PHARM BCRX* MM 558.6 -242.7 427.4
BIOCRYST PHARM BCRXEUR EZ 558.6 -242.7 427.4
BIOTE CORP-A BTMD US 109.6 -109.9 78.4
BLACK MOUNTAIN A BMAC/U US 283.4 -9.5 0.0
BLACK MOUNTAIN-A BMAC US 283.4 -9.5 0.0
BOEING CO-BDR BOEI34 BZ 137,558.0 -17,635.0 19,633.0
BOEING CO-CED BA AR 137,558.0 -17,635.0 19,633.0
BOEING CO-CED BAD AR 137,558.0 -17,635.0 19,633.0
BOEING CO/THE BA EU 137,558.0 -17,635.0 19,633.0
BOEING CO/THE BCO GR 137,558.0 -17,635.0 19,633.0
BOEING CO/THE BAEUR EU 137,558.0 -17,635.0 19,633.0
BOEING CO/THE BA TE 137,558.0 -17,635.0 19,633.0
BOEING CO/THE BA* MM 137,558.0 -17,635.0 19,633.0
BOEING CO/THE BA SW 137,558.0 -17,635.0 19,633.0
BOEING CO/THE BOEI BB 137,558.0 -17,635.0 19,633.0
BOEING CO/THE BA US 137,558.0 -17,635.0 19,633.0
BOEING CO/THE BCO TH 137,558.0 -17,635.0 19,633.0
BOEING CO/THE BA PE 137,558.0 -17,635.0 19,633.0
BOEING CO/THE BOE LN 137,558.0 -17,635.0 19,633.0
BOEING CO/THE BA CI 137,558.0 -17,635.0 19,633.0
BOEING CO/THE BCO QT 137,558.0 -17,635.0 19,633.0
BOEING CO/THE BAUSD SW 137,558.0 -17,635.0 19,633.0
BOEING CO/THE BCO GZ 137,558.0 -17,635.0 19,633.0
BOEING CO/THE BA AV 137,558.0 -17,635.0 19,633.0
BOEING CO/THE BA-RM RM 137,558.0 -17,635.0 19,633.0
BOEING CO/THE BAEUR EZ 137,558.0 -17,635.0 19,633.0
BOEING CO/THE BA EZ 137,558.0 -17,635.0 19,633.0
BOEING CO/THE BACL CI 137,558.0 -17,635.0 19,633.0
BOEING CO/THE BA_KZ KZ 137,558.0 -17,635.0 19,633.0
BOMBARDIER INC-A BBD/A CN 12,468.0 -3,289.0 585.0
BOMBARDIER INC-A BDRAF US 12,468.0 -3,289.0 585.0
BOMBARDIER INC-A BBD GR 12,468.0 -3,289.0 585.0
BOMBARDIER INC-A BBD/AEUR EU 12,468.0 -3,289.0 585.0
BOMBARDIER INC-A BBD GZ 12,468.0 -3,289.0 585.0
BOMBARDIER INC-B BBD/B CN 12,468.0 -3,289.0 585.0
BOMBARDIER INC-B BBDC GR 12,468.0 -3,289.0 585.0
BOMBARDIER INC-B BDRBF US 12,468.0 -3,289.0 585.0
BOMBARDIER INC-B BBDC TH 12,468.0 -3,289.0 585.0
BOMBARDIER INC-B BBDBN MM 12,468.0 -3,289.0 585.0
BOMBARDIER INC-B BBD/BEUR EU 12,468.0 -3,289.0 585.0
BOMBARDIER INC-B BBDC GZ 12,468.0 -3,289.0 585.0
BOMBARDIER INC-B BBD/BEUR EZ 12,468.0 -3,289.0 585.0
BOMBARDIER INC-B BBDC QT 12,468.0 -3,289.0 585.0
BOX INC- CLASS A BOX US 1,066.3 -90.6 17.3
BOX INC- CLASS A 3BX GR 1,066.3 -90.6 17.3
BOX INC- CLASS A 3BX TH 1,066.3 -90.6 17.3
BOX INC- CLASS A 3BX QT 1,066.3 -90.6 17.3
BOX INC- CLASS A BOXEUR EU 1,066.3 -90.6 17.3
BOX INC- CLASS A BOXEUR EZ 1,066.3 -90.6 17.3
BOX INC- CLASS A 3BX GZ 1,066.3 -90.6 17.3
BOX INC- CLASS A BOX-RM RM 1,066.3 -90.6 17.3
BRIDGEBIO PHARMA BBIO US 728.7 -1,130.4 523.0
BRIDGEBIO PHARMA 2CL GR 728.7 -1,130.4 523.0
BRIDGEBIO PHARMA 2CL GZ 728.7 -1,130.4 523.0
BRIDGEBIO PHARMA BBIOEUR EU 728.7 -1,130.4 523.0
BRIDGEBIO PHARMA 2CL TH 728.7 -1,130.4 523.0
BRIGHTSPHERE INV BSIG US 474.7 -55.1 0.0
BRIGHTSPHERE INV 2B9 GR 474.7 -55.1 0.0
BRIGHTSPHERE INV BSIGEUR EU 474.7 -55.1 0.0
BRIGHTSPHERE INV 2B9 GZ 474.7 -55.1 0.0
BRINKER INTL EAT US 2,493.8 -296.6 -363.8
BRINKER INTL BKJ GR 2,493.8 -296.6 -363.8
BRINKER INTL BKJ QT 2,493.8 -296.6 -363.8
BRINKER INTL EAT2EUR EU 2,493.8 -296.6 -363.8
BRINKER INTL BKJ TH 2,493.8 -296.6 -363.8
BROOKFIELD INF-A BIPC CN 10,034.0 -1,078.0 -4,698.0
BROOKFIELD INF-A BIPC US 10,034.0 -1,078.0 -4,698.0
CALUMET SPECIALT CLMT US 2,568.7 -265.4 -536.5
CARDINAL HEA BDR C1AH34 BZ 43,387.0 -1,780.0 1,137.0
CARDINAL HEALTH CAH US 43,387.0 -1,780.0 1,137.0
CARDINAL HEALTH CLH GR 43,387.0 -1,780.0 1,137.0
CARDINAL HEALTH CLH TH 43,387.0 -1,780.0 1,137.0
CARDINAL HEALTH CLH QT 43,387.0 -1,780.0 1,137.0
CARDINAL HEALTH CAHEUR EU 43,387.0 -1,780.0 1,137.0
CARDINAL HEALTH CLH GZ 43,387.0 -1,780.0 1,137.0
CARDINAL HEALTH CAH* MM 43,387.0 -1,780.0 1,137.0
CARDINAL HEALTH CAHEUR EZ 43,387.0 -1,780.0 1,137.0
CARDINAL HEALTH CAH-RM RM 43,387.0 -1,780.0 1,137.0
CARDINAL-CEDEAR CAH AR 43,387.0 -1,780.0 1,137.0
CARDINAL-CEDEAR CAHC AR 43,387.0 -1,780.0 1,137.0
CARDINAL-CEDEAR CAHD AR 43,387.0 -1,780.0 1,137.0
CEDAR FAIR LP FUN US 2,414.5 -470.8 -22.5
CENTRUS ENERGY-A LEU US 618.2 -100.3 111.0
CENTRUS ENERGY-A 4CU TH 618.2 -100.3 111.0
CENTRUS ENERGY-A 4CU GR 618.2 -100.3 111.0
CENTRUS ENERGY-A LEUEUR EU 618.2 -100.3 111.0
CENTRUS ENERGY-A 4CU GZ 618.2 -100.3 111.0
CENTRUS ENERGY-A 4CU QT 618.2 -100.3 111.0
CHENIERE ENERGY LNG US 43,642.0 -4,330.0 -2,169.0
CHENIERE ENERGY CHQ1 GR 43,642.0 -4,330.0 -2,169.0
CHENIERE ENERGY CQP US 20,500.0 -3,884.0 -1,210.0
CHENIERE ENERGY CHQ1 TH 43,642.0 -4,330.0 -2,169.0
CHENIERE ENERGY CHQ1 QT 43,642.0 -4,330.0 -2,169.0
CHENIERE ENERGY LNG2EUR EU 43,642.0 -4,330.0 -2,169.0
CHENIERE ENERGY LNG* MM 43,642.0 -4,330.0 -2,169.0
CHENIERE ENERGY CHQ1 SW 43,642.0 -4,330.0 -2,169.0
CHENIERE ENERGY LNG2EUR EZ 43,642.0 -4,330.0 -2,169.0
CHENIERE ENERGY CHQ1 GZ 43,642.0 -4,330.0 -2,169.0
CINEPLEX INC CGX CN 2,089.7 -222.0 -293.3
CINEPLEX INC CX0 GR 2,089.7 -222.0 -293.3
CINEPLEX INC CPXGF US 2,089.7 -222.0 -293.3
CINEPLEX INC CX0 TH 2,089.7 -222.0 -293.3
CINEPLEX INC CGXEUR EU 2,089.7 -222.0 -293.3
CINEPLEX INC CGXN MM 2,089.7 -222.0 -293.3
CINEPLEX INC CX0 GZ 2,089.7 -222.0 -293.3
COGENT COMMUNICA CCOI US 1,020.7 -491.8 291.9
COGENT COMMUNICA OGM1 GR 1,020.7 -491.8 291.9
COGENT COMMUNICA CCOIEUR EU 1,020.7 -491.8 291.9
COGENT COMMUNICA CCOI* MM 1,020.7 -491.8 291.9
COHERUS BIOSCIEN CHRS US 550.9 -97.1 277.0
COHERUS BIOSCIEN 8C5 GR 550.9 -97.1 277.0
COHERUS BIOSCIEN 8C5 TH 550.9 -97.1 277.0
COHERUS BIOSCIEN CHRSEUR EU 550.9 -97.1 277.0
COHERUS BIOSCIEN 8C5 QT 550.9 -97.1 277.0
COHERUS BIOSCIEN CHRSEUR EZ 550.9 -97.1 277.0
COHERUS BIOSCIEN 8C5 GZ 550.9 -97.1 277.0
COMMUNITY HEALTH CYH US 14,914.0 -1,178.0 886.0
COMMUNITY HEALTH CG5 GR 14,914.0 -1,178.0 886.0
COMMUNITY HEALTH CG5 TH 14,914.0 -1,178.0 886.0
COMMUNITY HEALTH CG5 QT 14,914.0 -1,178.0 886.0
COMMUNITY HEALTH CYH1EUR EU 14,914.0 -1,178.0 886.0
COMMUNITY HEALTH CG5 GZ 14,914.0 -1,178.0 886.0
COMPOSECURE INC CMPO US 169.8 -324.8 36.2
CONSENSUS CLOUD CCSI US 627.4 -289.7 43.7
CPI CARD GROUP I PMTS US 305.0 -94.3 112.7
CPI CARD GROUP I CPB1 GR 305.0 -94.3 112.7
CPI CARD GROUP I PMTSEUR EU 305.0 -94.3 112.7
CTI BIOPHARMA CO CEPS QT 134.5 -5.3 77.6
CTI BIOPHARMA CO CTIC US 134.5 -5.3 77.6
CTI BIOPHARMA CO CEPS GR 134.5 -5.3 77.6
CTI BIOPHARMA CO CTIC1EUR EZ 134.5 -5.3 77.6
CTI BIOPHARMA CO CTIC1EUR EU 134.5 -5.3 77.6
CTI BIOPHARMA CO CEPS TH 134.5 -5.3 77.6
CYTOKINETICS INC CYTK US 1,076.0 -16.0 807.8
CYTOKINETICS INC KK3A GR 1,076.0 -16.0 807.8
CYTOKINETICS INC KK3A QT 1,076.0 -16.0 807.8
CYTOKINETICS INC CYTKEUR EU 1,076.0 -16.0 807.8
CYTOKINETICS INC KK3A TH 1,076.0 -16.0 807.8
DELEK LOGISTICS DKL US 1,638.2 -114.3 -192.7
DELL TECHN-C DELL US 85,172.0 -3,368.0 -13,220.0
DELL TECHN-C 12DA TH 85,172.0 -3,368.0 -13,220.0
DELL TECHN-C 12DA GR 85,172.0 -3,368.0 -13,220.0
DELL TECHN-C 12DA GZ 85,172.0 -3,368.0 -13,220.0
DELL TECHN-C DELL1EUR EU 85,172.0 -3,368.0 -13,220.0
DELL TECHN-C DELLC* MM 85,172.0 -3,368.0 -13,220.0
DELL TECHN-C 12DA QT 85,172.0 -3,368.0 -13,220.0
DELL TECHN-C DELL AV 85,172.0 -3,368.0 -13,220.0
DELL TECHN-C DELL1EUR EZ 85,172.0 -3,368.0 -13,220.0
DELL TECHN-C DELL-RM RM 85,172.0 -3,368.0 -13,220.0
DELL TECHN-C-BDR D1EL34 BZ 85,172.0 -3,368.0 -13,220.0
DENNY'S CORP DE8 GR 497.7 -44.6 -42.3
DENNY'S CORP DENN US 497.7 -44.6 -42.3
DENNY'S CORP DENNEUR EU 497.7 -44.6 -42.3
DENNY'S CORP DE8 TH 497.7 -44.6 -42.3
DENNY'S CORP DE8 GZ 497.7 -44.6 -42.3
DIEBOLD NIXDORF DBD SW 2,907.4 -1,317.7 -2,223.6
DINE BRANDS GLOB DIN US 1,972.0 -301.6 126.7
DINE BRANDS GLOB IHP GR 1,972.0 -301.6 126.7
DINE BRANDS GLOB IHP TH 1,972.0 -301.6 126.7
DINE BRANDS GLOB IHP GZ 1,972.0 -301.6 126.7
DIVERSIFIED ENER DEC LN 0.0 0.0 0.0
DIVERSIFIED ENER DGOCGBX EU 0.0 0.0 0.0
DIVERSIFIED ENER DECL PO 0.0 0.0 0.0
DIVERSIFIED ENER DECL L3 0.0 0.0 0.0
DIVERSIFIED ENER DECL B3 0.0 0.0 0.0
DIVERSIFIED ENER DECL TQ 0.0 0.0 0.0
DIVERSIFIED ENER DGOCGBX EP 0.0 0.0 0.0
DIVERSIFIED ENER DGOCGBX EZ 0.0 0.0 0.0
DIVERSIFIED ENER DECL IX 0.0 0.0 0.0
DIVERSIFIED ENER DECL EB 0.0 0.0 0.0
DIVERSIFIED ENER DECL QX 0.0 0.0 0.0
DIVERSIFIED ENER DECL BQ 0.0 0.0 0.0
DIVERSIFIED ENER DECL S1 0.0 0.0 0.0
DOLLARAMA INC DOL CN 4,400.8 -122.9 -298.2
DOLLARAMA INC DLMAF US 4,400.8 -122.9 -298.2
DOLLARAMA INC DR3 GR 4,400.8 -122.9 -298.2
DOLLARAMA INC DR3 GZ 4,400.8 -122.9 -298.2
DOLLARAMA INC DOLEUR EU 4,400.8 -122.9 -298.2
DOLLARAMA INC DR3 TH 4,400.8 -122.9 -298.2
DOLLARAMA INC DR3 QT 4,400.8 -122.9 -298.2
DOMINO'S P - BDR D2PZ34 BZ 1,646.4 -4,316.5 247.7
DOMINO'S PIZZA EZV TH 1,646.4 -4,316.5 247.7
DOMINO'S PIZZA EZV GR 1,646.4 -4,316.5 247.7
DOMINO'S PIZZA DPZ US 1,646.4 -4,316.5 247.7
DOMINO'S PIZZA EZV QT 1,646.4 -4,316.5 247.7
DOMINO'S PIZZA DPZEUR EU 1,646.4 -4,316.5 247.7
DOMINO'S PIZZA DPZ AV 1,646.4 -4,316.5 247.7
DOMINO'S PIZZA DPZ* MM 1,646.4 -4,316.5 247.7
DOMINO'S PIZZA EZV GZ 1,646.4 -4,316.5 247.7
DOMINO'S PIZZA DPZEUR EZ 1,646.4 -4,316.5 247.7
DOMINO'S PIZZA DPZ-RM RM 1,646.4 -4,316.5 247.7
DOMO INC- CL B DOMO US 224.0 -140.9 -75.2
DOMO INC- CL B 1ON GR 224.0 -140.9 -75.2
DOMO INC- CL B 1ON GZ 224.0 -140.9 -75.2
DOMO INC- CL B DOMOEUR EU 224.0 -140.9 -75.2
DOMO INC- CL B 1ON TH 224.0 -140.9 -75.2
DROPBOX INC-A DBX US 2,702.8 -591.3 423.3
DROPBOX INC-A 1Q5 GR 2,702.8 -591.3 423.3
DROPBOX INC-A 1Q5 SW 2,702.8 -591.3 423.3
DROPBOX INC-A 1Q5 TH 2,702.8 -591.3 423.3
DROPBOX INC-A 1Q5 QT 2,702.8 -591.3 423.3
DROPBOX INC-A DBXEUR EU 2,702.8 -591.3 423.3
DROPBOX INC-A DBX AV 2,702.8 -591.3 423.3
DROPBOX INC-A DBX* MM 2,702.8 -591.3 423.3
DROPBOX INC-A DBXEUR EZ 2,702.8 -591.3 423.3
DROPBOX INC-A 1Q5 GZ 2,702.8 -591.3 423.3
DROPBOX INC-A DBX-RM RM 2,702.8 -591.3 423.3
EMBECTA CORP EMBC US 1,049.8 -847.6 352.1
EMBECTA CORP EMBC* MM 1,049.8 -847.6 352.1
EMBECTA CORP JX7 GR 1,049.8 -847.6 352.1
EMBECTA CORP JX7 QT 1,049.8 -847.6 352.1
EMBECTA CORP EMBC1EUR EZ 1,049.8 -847.6 352.1
EMBECTA CORP EMBC1EUR EU 1,049.8 -847.6 352.1
EMBECTA CORP JX7 GZ 1,049.8 -847.6 352.1
EMBECTA CORP JX7 TH 1,049.8 -847.6 352.1
ESPERION THERAPE ESPR US 312.8 -294.1 179.4
ESPERION THERAPE 0ET GR 312.8 -294.1 179.4
ESPERION THERAPE 0ET TH 312.8 -294.1 179.4
ESPERION THERAPE ESPREUR EU 312.8 -294.1 179.4
ESPERION THERAPE 0ET QT 312.8 -294.1 179.4
ESPERION THERAPE ESPREUR EZ 312.8 -294.1 179.4
ESPERION THERAPE 0ET GZ 312.8 -294.1 179.4
ETSY INC ETSY US 2,450.3 -606.2 854.9
ETSY INC 3E2 GR 2,450.3 -606.2 854.9
ETSY INC 3E2 TH 2,450.3 -606.2 854.9
ETSY INC 3E2 QT 2,450.3 -606.2 854.9
ETSY INC 2E2 GZ 2,450.3 -606.2 854.9
ETSY INC 300 SW 2,450.3 -606.2 854.9
ETSY INC ETSY AV 2,450.3 -606.2 854.9
ETSY INC ETSYEUR EZ 2,450.3 -606.2 854.9
ETSY INC ETSY* MM 2,450.3 -606.2 854.9
ETSY INC ETSY-RM RM 2,450.3 -606.2 854.9
ETSY INC - BDR E2TS34 BZ 2,450.3 -606.2 854.9
ETSY INC - CEDEA ETSY AR 2,450.3 -606.2 854.9
FAIR ISAAC - BDR F2IC34 BZ 1,442.0 -801.9 153.3
FAIR ISAAC CORP FRI GR 1,442.0 -801.9 153.3
FAIR ISAAC CORP FICO US 1,442.0 -801.9 153.3
FAIR ISAAC CORP FICOEUR EU 1,442.0 -801.9 153.3
FAIR ISAAC CORP FRI QT 1,442.0 -801.9 153.3
FAIR ISAAC CORP FICOEUR EZ 1,442.0 -801.9 153.3
FAIR ISAAC CORP FICO1* MM 1,442.0 -801.9 153.3
FAIR ISAAC CORP FRI GZ 1,442.0 -801.9 153.3
FERRELLGAS PAR-B FGPRB US 1,608.1 -236.5 194.3
FERRELLGAS-LP FGPR US 1,608.1 -236.5 194.3
FLUENCE ENERGY I FLNC US 1,672.6 671.1 556.7
FORTINET INC FTNT US 5,335.9 -622.8 202.6
FORTINET INC FO8 TH 5,335.9 -622.8 202.6
FORTINET INC FO8 GR 5,335.9 -622.8 202.6
FORTINET INC FTNTEUR EU 5,335.9 -622.8 202.6
FORTINET INC FO8 QT 5,335.9 -622.8 202.6
FORTINET INC FO8 SW 5,335.9 -622.8 202.6
FORTINET INC FTNT* MM 5,335.9 -622.8 202.6
FORTINET INC FTNTEUR EZ 5,335.9 -622.8 202.6
FORTINET INC FO8 GZ 5,335.9 -622.8 202.6
FORTINET INC FTNT-RM RM 5,335.9 -622.8 202.6
FORTINET INC-BDR F1TN34 BZ 5,335.9 -622.8 202.6
GARTNER INC GGRA GR 6,526.0 -64.9 -1,105.6
GARTNER INC IT US 6,526.0 -64.9 -1,105.6
GARTNER INC GGRA GZ 6,526.0 -64.9 -1,105.6
GARTNER INC GGRA TH 6,526.0 -64.9 -1,105.6
GARTNER INC IT1EUR EU 6,526.0 -64.9 -1,105.6
GARTNER INC GGRA QT 6,526.0 -64.9 -1,105.6
GARTNER INC IT1EUR EZ 6,526.0 -64.9 -1,105.6
GARTNER INC IT-RM RM 6,526.0 -64.9 -1,105.6
GARTNER-BDR G1AR34 BZ 6,526.0 -64.9 -1,105.6
GCM GROSVENOR-A GCMG US 549.1 -47.0 158.0
GODADDY INC -BDR G2DD34 BZ 7,072.9 -276.0 -705.7
GODADDY INC-A GDDY US 7,072.9 -276.0 -705.7
GODADDY INC-A 38D GR 7,072.9 -276.0 -705.7
GODADDY INC-A 38D QT 7,072.9 -276.0 -705.7
GODADDY INC-A GDDY* MM 7,072.9 -276.0 -705.7
GODADDY INC-A 38D TH 7,072.9 -276.0 -705.7
GODADDY INC-A 38D GZ 7,072.9 -276.0 -705.7
GOGO INC GOGO US 728.6 -128.3 212.5
GOGO INC G0G GR 728.6 -128.3 212.5
GOGO INC G0G QT 728.6 -128.3 212.5
GOGO INC GOGOEUR EU 728.6 -128.3 212.5
GOGO INC G0G TH 728.6 -128.3 212.5
GOGO INC GOGOEUR EZ 728.6 -128.3 212.5
GOGO INC G0G GZ 728.6 -128.3 212.5
GOOSEHEAD INSU-A GSHD US 324.0 -45.7 33.1
GOOSEHEAD INSU-A 2OX GR 324.0 -45.7 33.1
GOOSEHEAD INSU-A GSHDEUR EU 324.0 -45.7 33.1
GOOSEHEAD INSU-A 2OX TH 324.0 -45.7 33.1
GOOSEHEAD INSU-A 2OX QT 324.0 -45.7 33.1
H&R BLOCK - BDR H1RB34 BZ 2,559.2 -265.0 -65.8
H&R BLOCK INC HRB US 2,559.2 -265.0 -65.8
H&R BLOCK INC HRB GR 2,559.2 -265.0 -65.8
H&R BLOCK INC HRB TH 2,559.2 -265.0 -65.8
H&R BLOCK INC HRB QT 2,559.2 -265.0 -65.8
H&R BLOCK INC HRBEUR EU 2,559.2 -265.0 -65.8
H&R BLOCK INC HRBCHF SW 2,559.2 -265.0 -65.8
H&R BLOCK INC HRBEUR EZ 2,559.2 -265.0 -65.8
H&R BLOCK INC HRB GZ 2,559.2 -265.0 -65.8
H&R BLOCK INC HRB-RM RM 2,559.2 -265.0 -65.8
HCA HEALTHC-BDR H1CA34 BZ 51,484.0 -778.0 3,697.0
HCA HEALTHCARE I 2BH GR 51,484.0 -778.0 3,697.0
HCA HEALTHCARE I HCA US 51,484.0 -778.0 3,697.0
HCA HEALTHCARE I 2BH TH 51,484.0 -778.0 3,697.0
HCA HEALTHCARE I 2BH QT 51,484.0 -778.0 3,697.0
HCA HEALTHCARE I HCAEUR EU 51,484.0 -778.0 3,697.0
HCA HEALTHCARE I HCA* MM 51,484.0 -778.0 3,697.0
HCA HEALTHCARE I 2BH TE 51,484.0 -778.0 3,697.0
HCA HEALTHCARE I HCAEUR EZ 51,484.0 -778.0 3,697.0
HCA HEALTHCARE I 2BH GZ 51,484.0 -778.0 3,697.0
HCA HEALTHCARE I HCA-RM RM 51,484.0 -778.0 3,697.0
HCM ACQUISITI-A HCMA US 295.2 276.9 1.0
HCM ACQUISITION HCMAU US 295.2 276.9 1.0
HERBALIFE NUTRIT HOO GR 2,725.1 -1,361.9 398.2
HERBALIFE NUTRIT HLF US 2,725.1 -1,361.9 398.2
HERBALIFE NUTRIT HLFEUR EU 2,725.1 -1,361.9 398.2
HERBALIFE NUTRIT HOO QT 2,725.1 -1,361.9 398.2
HERBALIFE NUTRIT HOO GZ 2,725.1 -1,361.9 398.2
HERBALIFE NUTRIT HLFEUR EZ 2,725.1 -1,361.9 398.2
HERBALIFE NUTRIT HOO TH 2,725.1 -1,361.9 398.2
HEWLETT-CEDEAR HPQD AR 38,587.0 -2,918.0 -6,352.0
HEWLETT-CEDEAR HPQC AR 38,587.0 -2,918.0 -6,352.0
HEWLETT-CEDEAR HPQ AR 38,587.0 -2,918.0 -6,352.0
HILLEVAX INC HLVX US 322.1 287.2 291.5
HILTON WORLD-BDR H1LT34 BZ 15,508.0 -914.0 -389.0
HILTON WORLDWIDE HLT US 15,508.0 -914.0 -389.0
HILTON WORLDWIDE HI91 TH 15,508.0 -914.0 -389.0
HILTON WORLDWIDE HI91 GR 15,508.0 -914.0 -389.0
HILTON WORLDWIDE HI91 QT 15,508.0 -914.0 -389.0
HILTON WORLDWIDE HLTEUR EU 15,508.0 -914.0 -389.0
HILTON WORLDWIDE HLT* MM 15,508.0 -914.0 -389.0
HILTON WORLDWIDE HI91 TE 15,508.0 -914.0 -389.0
HILTON WORLDWIDE HLTEUR EZ 15,508.0 -914.0 -389.0
HILTON WORLDWIDE HLTW AV 15,508.0 -914.0 -389.0
HILTON WORLDWIDE HI91 GZ 15,508.0 -914.0 -389.0
HILTON WORLDWIDE HLT-RM RM 15,508.0 -914.0 -389.0
HORIZON ACQUIS-A HZON US 525.7 -19.0 -2.4
HORIZON ACQUISIT HZON/U US 525.7 -19.0 -2.4
HP COMPANY-BDR HPQB34 BZ 38,587.0 -2,918.0 -6,352.0
HP INC HPQ* MM 38,587.0 -2,918.0 -6,352.0
HP INC HPQ US 38,587.0 -2,918.0 -6,352.0
HP INC 7HP TH 38,587.0 -2,918.0 -6,352.0
HP INC 7HP GR 38,587.0 -2,918.0 -6,352.0
HP INC HPQ TE 38,587.0 -2,918.0 -6,352.0
HP INC HPQ CI 38,587.0 -2,918.0 -6,352.0
HP INC HPQ SW 38,587.0 -2,918.0 -6,352.0
HP INC 7HP QT 38,587.0 -2,918.0 -6,352.0
HP INC HPQUSD SW 38,587.0 -2,918.0 -6,352.0
HP INC HPQEUR EU 38,587.0 -2,918.0 -6,352.0
HP INC 7HP GZ 38,587.0 -2,918.0 -6,352.0
HP INC HPQ AV 38,587.0 -2,918.0 -6,352.0
HP INC HPQEUR EZ 38,587.0 -2,918.0 -6,352.0
HP INC HPQ-RM RM 38,587.0 -2,918.0 -6,352.0
HP INC HPQCL CI 38,587.0 -2,918.0 -6,352.0
IMMUNITYBIO INC IBRX US 352.9 -429.1 72.3
IMMUNITYBIO INC 26CA GR 352.9 -429.1 72.3
IMMUNITYBIO INC 26CA TH 352.9 -429.1 72.3
IMMUNITYBIO INC NK1EUR EU 352.9 -429.1 72.3
IMMUNITYBIO INC 26CA GZ 352.9 -429.1 72.3
IMMUNITYBIO INC NK1EUR EZ 352.9 -429.1 72.3
IMMUNITYBIO INC 26CA QT 352.9 -429.1 72.3
INHIBRX INC INBX US 164.9 -35.1 128.3
INHIBRX INC 1RK GR 164.9 -35.1 128.3
INHIBRX INC 1RK TH 164.9 -35.1 128.3
INHIBRX INC INBXEUR EU 164.9 -35.1 128.3
INHIBRX INC 1RK QT 164.9 -35.1 128.3
INSEEGO CORP INSG-RM RM 184.4 -55.8 29.0
INSMED INC INSM US 994.8 -30.0 494.5
INSMED INC IM8N GR 994.8 -30.0 494.5
INSMED INC IM8N TH 994.8 -30.0 494.5
INSMED INC INSMEUR EU 994.8 -30.0 494.5
INSMED INC INSM* MM 994.8 -30.0 494.5
INSPIRED ENTERTA INSE US 286.6 -50.6 50.8
INSPIRED ENTERTA 4U8 GR 286.6 -50.6 50.8
INSPIRED ENTERTA INSEEUR EU 286.6 -50.6 50.8
J. JILL INC JILL US 460.3 -11.8 22.8
J. JILL INC 1MJ1 GR 460.3 -11.8 22.8
J. JILL INC JILLEUR EU 460.3 -11.8 22.8
J. JILL INC 1MJ1 GZ 460.3 -11.8 22.8
JACK IN THE BOX JBX GR 2,922.5 -736.2 -238.7
JACK IN THE BOX JACK US 2,922.5 -736.2 -238.7
JACK IN THE BOX JACK1EUR EU 2,922.5 -736.2 -238.7
JACK IN THE BOX JBX GZ 2,922.5 -736.2 -238.7
JACK IN THE BOX JBX QT 2,922.5 -736.2 -238.7
JACK IN THE BOX JACK1EUR EZ 2,922.5 -736.2 -238.7
KARYOPHARM THERA KPTI US 231.2 -140.3 160.9
KARYOPHARM THERA 25K GR 231.2 -140.3 160.9
KARYOPHARM THERA KPTIEUR EU 231.2 -140.3 160.9
KARYOPHARM THERA 25K TH 231.2 -140.3 160.9
KARYOPHARM THERA 25K GZ 231.2 -140.3 160.9
KARYOPHARM THERA 25K QT 231.2 -140.3 160.9
KLX ENERGY SERVI KLXE US 415.4 -69.3 54.7
KLX ENERGY SERVI KX4A GR 415.4 -69.3 54.7
KLX ENERGY SERVI KLXEEUR EU 415.4 -69.3 54.7
KLX ENERGY SERVI KX4A TH 415.4 -69.3 54.7
KLX ENERGY SERVI KX4A GZ 415.4 -69.3 54.7
L BRANDS INC-BDR B1BW34 BZ 5,133.4 -2,608.9 494.5
LATAMGROWTH SPAC LATGU US 134.9 127.1 1.2
LATAMGROWTH SPAC LATG US 134.9 127.1 1.2
LENNOX INTL INC LXI GR 2,625.8 -305.2 662.4
LENNOX INTL INC LII US 2,625.8 -305.2 662.4
LENNOX INTL INC LII1EUR EU 2,625.8 -305.2 662.4
LENNOX INTL INC LXI TH 2,625.8 -305.2 662.4
LENNOX INTL INC LII* MM 2,625.8 -305.2 662.4
LESLIE'S INC LESL US 1,117.0 -258.8 199.4
LESLIE'S INC LE3 GR 1,117.0 -258.8 199.4
LESLIE'S INC LESLEUR EU 1,117.0 -258.8 199.4
LESLIE'S INC LE3 TH 1,117.0 -258.8 199.4
LESLIE'S INC LE3 QT 1,117.0 -258.8 199.4
LINDBLAD EXPEDIT LIND US 811.5 -55.1 -126.4
LINDBLAD EXPEDIT LI4 GR 811.5 -55.1 -126.4
LINDBLAD EXPEDIT LINDEUR EU 811.5 -55.1 -126.4
LINDBLAD EXPEDIT LI4 TH 811.5 -55.1 -126.4
LINDBLAD EXPEDIT LI4 QT 811.5 -55.1 -126.4
LINDBLAD EXPEDIT LI4 GZ 811.5 -55.1 -126.4
LOOP MEDIA INC LPTV US 18.1 -2.4 -1.6
LOWE'S COS INC LWE GR 46,973.0 -12,868.0 4,115.0
LOWE'S COS INC LOW US 46,973.0 -12,868.0 4,115.0
LOWE'S COS INC LWE TH 46,973.0 -12,868.0 4,115.0
LOWE'S COS INC LWE QT 46,973.0 -12,868.0 4,115.0
LOWE'S COS INC LOWEUR EU 46,973.0 -12,868.0 4,115.0
LOWE'S COS INC LWE GZ 46,973.0 -12,868.0 4,115.0
LOWE'S COS INC LOW* MM 46,973.0 -12,868.0 4,115.0
LOWE'S COS INC LWE TE 46,973.0 -12,868.0 4,115.0
LOWE'S COS INC LOWE AV 46,973.0 -12,868.0 4,115.0
LOWE'S COS INC LOWEUR EZ 46,973.0 -12,868.0 4,115.0
LOWE'S COS INC LOW-RM RM 46,973.0 -12,868.0 4,115.0
LOWE'S COS-BDR LOWC34 BZ 46,973.0 -12,868.0 4,115.0
MADISON SQUARE G MSGS US 1,345.9 -171.9 -302.1
MADISON SQUARE G MS8 GR 1,345.9 -171.9 -302.1
MADISON SQUARE G MSG1EUR EU 1,345.9 -171.9 -302.1
MADISON SQUARE G MS8 TH 1,345.9 -171.9 -302.1
MADISON SQUARE G MS8 QT 1,345.9 -171.9 -302.1
MADISON SQUARE G MS8 GZ 1,345.9 -171.9 -302.1
MANNKIND CORP NNFN GR 293.8 -237.7 158.8
MANNKIND CORP MNKD US 293.8 -237.7 158.8
MANNKIND CORP NNFN TH 293.8 -237.7 158.8
MANNKIND CORP NNFN QT 293.8 -237.7 158.8
MANNKIND CORP MNKDEUR EU 293.8 -237.7 158.8
MANNKIND CORP MNKDEUR EZ 293.8 -237.7 158.8
MANNKIND CORP NNFN GZ 293.8 -237.7 158.8
MARKETWISE INC MKTW* MM 435.2 -328.0 -119.1
MASCO CORP MAS US 5,417.0 -416.0 1,040.0
MASCO CORP MSQ GR 5,417.0 -416.0 1,040.0
MASCO CORP MSQ TH 5,417.0 -416.0 1,040.0
MASCO CORP MAS* MM 5,417.0 -416.0 1,040.0
MASCO CORP MSQ QT 5,417.0 -416.0 1,040.0
MASCO CORP MAS1EUR EU 5,417.0 -416.0 1,040.0
MASCO CORP MSQ GZ 5,417.0 -416.0 1,040.0
MASCO CORP MAS1EUR EZ 5,417.0 -416.0 1,040.0
MASCO CORP MAS-RM RM 5,417.0 -416.0 1,040.0
MASCO CORP-BDR M1AS34 BZ 5,417.0 -416.0 1,040.0
MASON INDUS-CL A MIT US 503.2 -18.3 -0.2
MASON INDUSTRIAL MIT/U US 503.2 -18.3 -0.2
MATCH GROUP -BDR M1TC34 BZ 3,914.5 -698.5 103.8
MATCH GROUP INC 0JZ7 LI 3,914.5 -698.5 103.8
MATCH GROUP INC MTCH US 3,914.5 -698.5 103.8
MATCH GROUP INC MTCH1* MM 3,914.5 -698.5 103.8
MATCH GROUP INC 4MGN TH 3,914.5 -698.5 103.8
MATCH GROUP INC 4MGN GR 3,914.5 -698.5 103.8
MATCH GROUP INC 4MGN QT 3,914.5 -698.5 103.8
MATCH GROUP INC MTC2 AV 3,914.5 -698.5 103.8
MATCH GROUP INC 4MGN GZ 3,914.5 -698.5 103.8
MATCH GROUP INC MTCH-RM RM 3,914.5 -698.5 103.8
MBIA INC MBI US 4,015.0 -849.0 0.0
MBIA INC MBJ GR 4,015.0 -849.0 0.0
MBIA INC MBJ TH 4,015.0 -849.0 0.0
MBIA INC MBJ QT 4,015.0 -849.0 0.0
MBIA INC MBI1EUR EU 4,015.0 -849.0 0.0
MBIA INC MBJ GZ 4,015.0 -849.0 0.0
MCDONALD'S - CDR MCDS CN 48,501.6 -6,566.2 2,254.7
MCDONALD'S - CDR MDO0 GR 48,501.6 -6,566.2 2,254.7
MCDONALDS - BDR MCDC34 BZ 48,501.6 -6,566.2 2,254.7
MCDONALDS CORP MDO TH 48,501.6 -6,566.2 2,254.7
MCDONALDS CORP MCD TE 48,501.6 -6,566.2 2,254.7
MCDONALDS CORP MDO GR 48,501.6 -6,566.2 2,254.7
MCDONALDS CORP MCD* MM 48,501.6 -6,566.2 2,254.7
MCDONALDS CORP MCD US 48,501.6 -6,566.2 2,254.7
MCDONALDS CORP MCD SW 48,501.6 -6,566.2 2,254.7
MCDONALDS CORP MCD CI 48,501.6 -6,566.2 2,254.7
MCDONALDS CORP MDO QT 48,501.6 -6,566.2 2,254.7
MCDONALDS CORP MCDUSD EU 48,501.6 -6,566.2 2,254.7
MCDONALDS CORP MCDUSD SW 48,501.6 -6,566.2 2,254.7
MCDONALDS CORP MCDEUR EU 48,501.6 -6,566.2 2,254.7
MCDONALDS CORP MDO GZ 48,501.6 -6,566.2 2,254.7
MCDONALDS CORP MCD AV 48,501.6 -6,566.2 2,254.7
MCDONALDS CORP MCDUSD EZ 48,501.6 -6,566.2 2,254.7
MCDONALDS CORP MCDEUR EZ 48,501.6 -6,566.2 2,254.7
MCDONALDS CORP 0R16 LN 48,501.6 -6,566.2 2,254.7
MCDONALDS CORP MCD-RM RM 48,501.6 -6,566.2 2,254.7
MCDONALDS CORP MCDCL CI 48,501.6 -6,566.2 2,254.7
MCDONALDS-CEDEAR MCDD AR 48,501.6 -6,566.2 2,254.7
MCDONALDS-CEDEAR MCDC AR 48,501.6 -6,566.2 2,254.7
MCDONALDS-CEDEAR MCD AR 48,501.6 -6,566.2 2,254.7
MCKESSON CORP MCK* MM 63,081.0 -1,249.0 -1,909.0
MCKESSON CORP MCK GR 63,081.0 -1,249.0 -1,909.0
MCKESSON CORP MCK US 63,081.0 -1,249.0 -1,909.0
MCKESSON CORP MCK TH 63,081.0 -1,249.0 -1,909.0
MCKESSON CORP MCK1EUR EU 63,081.0 -1,249.0 -1,909.0
MCKESSON CORP MCK QT 63,081.0 -1,249.0 -1,909.0
MCKESSON CORP MCK GZ 63,081.0 -1,249.0 -1,909.0
MCKESSON CORP MCK1EUR EZ 63,081.0 -1,249.0 -1,909.0
MCKESSON CORP MCK-RM RM 63,081.0 -1,249.0 -1,909.0
MCKESSON-BDR M1CK34 BZ 63,081.0 -1,249.0 -1,909.0
MEDIAALPHA INC-A MAX US 265.2 -68.4 6.0
METTLER-TO - BDR M1TD34 BZ 3,294.5 -82.8 151.0
METTLER-TOLEDO MTD US 3,294.5 -82.8 151.0
METTLER-TOLEDO MTO GR 3,294.5 -82.8 151.0
METTLER-TOLEDO MTO QT 3,294.5 -82.8 151.0
METTLER-TOLEDO MTO GZ 3,294.5 -82.8 151.0
METTLER-TOLEDO MTO TH 3,294.5 -82.8 151.0
METTLER-TOLEDO MTDEUR EU 3,294.5 -82.8 151.0
METTLER-TOLEDO MTD* MM 3,294.5 -82.8 151.0
METTLER-TOLEDO MTDEUR EZ 3,294.5 -82.8 151.0
METTLER-TOLEDO MTD AV 3,294.5 -82.8 151.0
METTLER-TOLEDO MTD-RM RM 3,294.5 -82.8 151.0
MICROSTRATEG-BDR M2ST34 BZ 2,545.3 -200.3 -58.2
MICROSTRATEGY MSTR US 2,545.3 -200.3 -58.2
MICROSTRATEGY MIGA GR 2,545.3 -200.3 -58.2
MICROSTRATEGY MSTREUR EU 2,545.3 -200.3 -58.2
MICROSTRATEGY MIGA SW 2,545.3 -200.3 -58.2
MICROSTRATEGY MIGA TH 2,545.3 -200.3 -58.2
MICROSTRATEGY MIGA QT 2,545.3 -200.3 -58.2
MICROSTRATEGY MSTREUR EZ 2,545.3 -200.3 -58.2
MICROSTRATEGY MSTR* MM 2,545.3 -200.3 -58.2
MICROSTRATEGY MIGA GZ 2,545.3 -200.3 -58.2
MICROSTRATEGY MSTR-RM RM 2,545.3 -200.3 -58.2
MICROSTRATEGY MSTR AR 2,545.3 -200.3 -58.2
MONEYGRAM INTERN MGI US 4,389.1 -186.4 -11.3
MONEYGRAM INTERN 9M1N GR 4,389.1 -186.4 -11.3
MONEYGRAM INTERN 9M1N QT 4,389.1 -186.4 -11.3
MONEYGRAM INTERN 9M1N TH 4,389.1 -186.4 -11.3
MONEYGRAM INTERN MGIEUR EU 4,389.1 -186.4 -11.3
MOTOROLA SOL-BDR M1SI34 BZ 11,625.0 -394.0 939.0
MOTOROLA SOL-CED MSI AR 11,625.0 -394.0 939.0
MOTOROLA SOLUTIO MTLA GR 11,625.0 -394.0 939.0
MOTOROLA SOLUTIO MSI* MM 11,625.0 -394.0 939.0
MOTOROLA SOLUTIO MTLA TH 11,625.0 -394.0 939.0
MOTOROLA SOLUTIO MSI US 11,625.0 -394.0 939.0
MOTOROLA SOLUTIO MOT TE 11,625.0 -394.0 939.0
MOTOROLA SOLUTIO MTLA QT 11,625.0 -394.0 939.0
MOTOROLA SOLUTIO MSI1EUR EU 11,625.0 -394.0 939.0
MOTOROLA SOLUTIO MTLA GZ 11,625.0 -394.0 939.0
MOTOROLA SOLUTIO MSI1EUR EZ 11,625.0 -394.0 939.0
MOTOROLA SOLUTIO MOSI AV 11,625.0 -394.0 939.0
MOTOROLA SOLUTIO MSI-RM RM 11,625.0 -394.0 939.0
MSCI INC 3HM GR 4,777.5 -1,077.4 459.7
MSCI INC MSCI US 4,777.5 -1,077.4 459.7
MSCI INC 3HM QT 4,777.5 -1,077.4 459.7
MSCI INC 3HM SW 4,777.5 -1,077.4 459.7
MSCI INC MSCI* MM 4,777.5 -1,077.4 459.7
MSCI INC MSCIEUR EZ 4,777.5 -1,077.4 459.7
MSCI INC 3HM GZ 4,777.5 -1,077.4 459.7
MSCI INC 3HM TH 4,777.5 -1,077.4 459.7
MSCI INC MSCI AV 4,777.5 -1,077.4 459.7
MSCI INC MSCI-RM RM 4,777.5 -1,077.4 459.7
MSCI INC-BDR M1SC34 BZ 4,777.5 -1,077.4 459.7
NATHANS FAMOUS NATH US 84.0 -47.5 56.6
NATHANS FAMOUS NFA GR 84.0 -47.5 56.6
NATHANS FAMOUS NATHEUR EU 84.0 -47.5 56.6
NEW ENG RLTY-LP NEN US 389.9 -59.4 0.0
NINE ENERGY SERV NINE US 407.5 -32.1 86.0
NINE ENERGY SERV NEJ GR 407.5 -32.1 86.0
NINE ENERGY SERV NINE1EUR EU 407.5 -32.1 86.0
NINE ENERGY SERV NINE1EUR EZ 407.5 -32.1 86.0
NINE ENERGY SERV NEJ GZ 407.5 -32.1 86.0
NINE ENERGY SERV NEJ TH 407.5 -32.1 86.0
NINE ENERGY SERV NEJ QT 407.5 -32.1 86.0
NOVAVAX INC NVV1 GR 2,267.4 -566.0 92.0
NOVAVAX INC NVAX US 2,267.4 -566.0 92.0
NOVAVAX INC NVV1 TH 2,267.4 -566.0 92.0
NOVAVAX INC NVV1 QT 2,267.4 -566.0 92.0
NOVAVAX INC NVAXEUR EU 2,267.4 -566.0 92.0
NOVAVAX INC NVV1 GZ 2,267.4 -566.0 92.0
NOVAVAX INC NVV1 SW 2,267.4 -566.0 92.0
NOVAVAX INC NVAX* MM 2,267.4 -566.0 92.0
NOVAVAX INC 0A3S LI 2,267.4 -566.0 92.0
NOVAVAX INC NVV1 BU 2,267.4 -566.0 92.0
NUTANIX INC - A NTNX US 2,365.7 -790.2 507.8
NUTANIX INC - A 0NU GR 2,365.7 -790.2 507.8
NUTANIX INC - A NTNXEUR EU 2,365.7 -790.2 507.8
NUTANIX INC - A 0NU TH 2,365.7 -790.2 507.8
NUTANIX INC - A 0NU QT 2,365.7 -790.2 507.8
NUTANIX INC - A 0NU GZ 2,365.7 -790.2 507.8
NUTANIX INC - A NTNXEUR EZ 2,365.7 -790.2 507.8
NUTANIX INC - A NTNX-RM RM 2,365.7 -790.2 507.8
NUTANIX INC-BDR N2TN34 BZ 2,365.7 -790.2 507.8
O'REILLY AUT-BDR ORLY34 BZ 12,238.0 -1,205.5 -2,080.7
O'REILLY AUTOMOT OM6 GR 12,238.0 -1,205.5 -2,080.7
O'REILLY AUTOMOT ORLY US 12,238.0 -1,205.5 -2,080.7
O'REILLY AUTOMOT OM6 TH 12,238.0 -1,205.5 -2,080.7
O'REILLY AUTOMOT ORLY SW 12,238.0 -1,205.5 -2,080.7
O'REILLY AUTOMOT OM6 QT 12,238.0 -1,205.5 -2,080.7
O'REILLY AUTOMOT ORLY* MM 12,238.0 -1,205.5 -2,080.7
O'REILLY AUTOMOT ORLYEUR EU 12,238.0 -1,205.5 -2,080.7
O'REILLY AUTOMOT OM6 GZ 12,238.0 -1,205.5 -2,080.7
O'REILLY AUTOMOT ORLY AV 12,238.0 -1,205.5 -2,080.7
O'REILLY AUTOMOT ORLYEUR EZ 12,238.0 -1,205.5 -2,080.7
O'REILLY AUTOMOT ORLY-RM RM 12,238.0 -1,205.5 -2,080.7
OAK STREET HEALT OSH US 2,100.5 -155.6 509.6
OAK STREET HEALT HE6 GZ 2,100.5 -155.6 509.6
OAK STREET HEALT HE6 GR 2,100.5 -155.6 509.6
OAK STREET HEALT OSH3EUR EU 2,100.5 -155.6 509.6
OAK STREET HEALT HE6 TH 2,100.5 -155.6 509.6
OAK STREET HEALT HE6 QT 2,100.5 -155.6 509.6
OAK STREET HEALT OSH* MM 2,100.5 -155.6 509.6
ORACLE BDR ORCL34 BZ 130,309.0 -5,449.0 -13,815.0
ORACLE CO-CEDEAR ORCLC AR 130,309.0 -5,449.0 -13,815.0
ORACLE CO-CEDEAR ORCL AR 130,309.0 -5,449.0 -13,815.0
ORACLE CO-CEDEAR ORCLD AR 130,309.0 -5,449.0 -13,815.0
ORACLE CORP ORCL US 130,309.0 -5,449.0 -13,815.0
ORACLE CORP ORC GR 130,309.0 -5,449.0 -13,815.0
ORACLE CORP ORCL* MM 130,309.0 -5,449.0 -13,815.0
ORACLE CORP ORCL TE 130,309.0 -5,449.0 -13,815.0
ORACLE CORP ORC TH 130,309.0 -5,449.0 -13,815.0
ORACLE CORP ORCL CI 130,309.0 -5,449.0 -13,815.0
ORACLE CORP ORCL SW 130,309.0 -5,449.0 -13,815.0
ORACLE CORP ORCLEUR EU 130,309.0 -5,449.0 -13,815.0
ORACLE CORP ORC QT 130,309.0 -5,449.0 -13,815.0
ORACLE CORP ORCLUSD SW 130,309.0 -5,449.0 -13,815.0
ORACLE CORP ORC GZ 130,309.0 -5,449.0 -13,815.0
ORACLE CORP 0R1Z LN 130,309.0 -5,449.0 -13,815.0
ORACLE CORP ORCL AV 130,309.0 -5,449.0 -13,815.0
ORACLE CORP ORCLEUR EZ 130,309.0 -5,449.0 -13,815.0
ORACLE CORP ORCLCL CI 130,309.0 -5,449.0 -13,815.0
ORACLE CORP ORCL-RM RM 130,309.0 -5,449.0 -13,815.0
ORGANON & CO OGN US 10,437.0 -1,066.0 1,264.0
ORGANON & CO 7XP TH 10,437.0 -1,066.0 1,264.0
ORGANON & CO OGN-WEUR EU 10,437.0 -1,066.0 1,264.0
ORGANON & CO 7XP GR 10,437.0 -1,066.0 1,264.0
ORGANON & CO OGN* MM 10,437.0 -1,066.0 1,264.0
ORGANON & CO 7XP GZ 10,437.0 -1,066.0 1,264.0
ORGANON & CO 7XP QT 10,437.0 -1,066.0 1,264.0
ORGANON & CO OGN-RM RM 10,437.0 -1,066.0 1,264.0
OTIS WORLDWI OTIS US 9,342.0 -4,733.0 -163.0
OTIS WORLDWI 4PG GR 9,342.0 -4,733.0 -163.0
OTIS WORLDWI 4PG GZ 9,342.0 -4,733.0 -163.0
OTIS WORLDWI OTISEUR EZ 9,342.0 -4,733.0 -163.0
OTIS WORLDWI OTISEUR EU 9,342.0 -4,733.0 -163.0
OTIS WORLDWI OTIS* MM 9,342.0 -4,733.0 -163.0
OTIS WORLDWI 4PG TH 9,342.0 -4,733.0 -163.0
OTIS WORLDWI 4PG QT 9,342.0 -4,733.0 -163.0
OTIS WORLDWI OTIS AV 9,342.0 -4,733.0 -163.0
OTIS WORLDWI OTIS-RM RM 9,342.0 -4,733.0 -163.0
OTIS WORLDWI-BDR O1TI34 BZ 9,342.0 -4,733.0 -163.0
OYSTER POINT PHA OYST US 109.2 -22.2 68.5
PAPA JOHN'S INTL PZZA US 829.7 -257.4 -24.2
PAPA JOHN'S INTL PP1 GR 829.7 -257.4 -24.2
PAPA JOHN'S INTL PZZAEUR EU 829.7 -257.4 -24.2
PAPA JOHN'S INTL PP1 GZ 829.7 -257.4 -24.2
PAPA JOHN'S INTL PP1 TH 829.7 -257.4 -24.2
PAPA JOHN'S INTL PP1 QT 829.7 -257.4 -24.2
PAPAYA GROWTH -A PPYA US 295.2 279.9 1.4
PAPAYA GROWTH OP PPYAU US 295.2 279.9 1.4
PAPAYA GROWTH OP CC40 GR 295.2 279.9 1.4
PAPAYA GROWTH OP PPYAUEUR EU 295.2 279.9 1.4
PET VALU HOLDING PET CN 697.3 -25.3 68.9
PETRO USA INC PBAJ US 0.0 -0.1 -0.1
PHATHOM PHARMACE PHAT US 201.9 -26.4 174.9
PHILIP MORRI-BDR PHMO34 BZ 40,717.0 -7,403.0 -1,737.0
PHILIP MORRIS IN PM1EUR EU 40,717.0 -7,403.0 -1,737.0
PHILIP MORRIS IN PMI SW 40,717.0 -7,403.0 -1,737.0
PHILIP MORRIS IN PM1 TE 40,717.0 -7,403.0 -1,737.0
PHILIP MORRIS IN 4I1 TH 40,717.0 -7,403.0 -1,737.0
PHILIP MORRIS IN PM1CHF EU 40,717.0 -7,403.0 -1,737.0
PHILIP MORRIS IN 4I1 GR 40,717.0 -7,403.0 -1,737.0
PHILIP MORRIS IN PM US 40,717.0 -7,403.0 -1,737.0
PHILIP MORRIS IN PMIZ IX 40,717.0 -7,403.0 -1,737.0
PHILIP MORRIS IN PMIZ EB 40,717.0 -7,403.0 -1,737.0
PHILIP MORRIS IN 4I1 QT 40,717.0 -7,403.0 -1,737.0
PHILIP MORRIS IN 4I1 GZ 40,717.0 -7,403.0 -1,737.0
PHILIP MORRIS IN 0M8V LN 40,717.0 -7,403.0 -1,737.0
PHILIP MORRIS IN PMOR AV 40,717.0 -7,403.0 -1,737.0
PHILIP MORRIS IN PM* MM 40,717.0 -7,403.0 -1,737.0
PHILIP MORRIS IN PM1CHF EZ 40,717.0 -7,403.0 -1,737.0
PHILIP MORRIS IN PM1EUR EZ 40,717.0 -7,403.0 -1,737.0
PHILIP MORRIS IN PM-RM RM 40,717.0 -7,403.0 -1,737.0
PITNEY BOW-CED PBI AR 4,593.1 -8.3 111.3
PITNEY BOWES INC PBW GR 4,593.1 -8.3 111.3
PITNEY BOWES INC PBI US 4,593.1 -8.3 111.3
PITNEY BOWES INC PBW TH 4,593.1 -8.3 111.3
PITNEY BOWES INC PBIEUR EU 4,593.1 -8.3 111.3
PITNEY BOWES INC PBW QT 4,593.1 -8.3 111.3
PITNEY BOWES INC PBIEUR EZ 4,593.1 -8.3 111.3
PITNEY BOWES INC PBW GZ 4,593.1 -8.3 111.3
PITNEY BOWES INC PBI-RM RM 4,593.1 -8.3 111.3
PLANET FITNESS I P2LN34 BZ 2,846.3 -248.1 282.3
PLANET FITNESS-A PLNT US 2,846.3 -248.1 282.3
PLANET FITNESS-A 3PL TH 2,846.3 -248.1 282.3
PLANET FITNESS-A 3PL GR 2,846.3 -248.1 282.3
PLANET FITNESS-A 3PL QT 2,846.3 -248.1 282.3
PLANET FITNESS-A PLNT1EUR EU 2,846.3 -248.1 282.3
PLANET FITNESS-A PLNT1EUR EZ 2,846.3 -248.1 282.3
PLANET FITNESS-A 3PL GZ 2,846.3 -248.1 282.3
PRIME IMPACT A-A PIAI US 325.2 -12.3 -0.1
PRIME IMPACT ACQ PIAI/U US 325.2 -12.3 -0.1
PROS HOLDINGS IN PH2 GR 460.9 -27.7 109.1
PROS HOLDINGS IN PRO US 460.9 -27.7 109.1
PROS HOLDINGS IN PRO1EUR EU 460.9 -27.7 109.1
PTC THERAPEUTICS PTCT US 1,576.4 -226.9 97.2
PTC THERAPEUTICS BH3 GR 1,576.4 -226.9 97.2
PTC THERAPEUTICS P91 TH 1,576.4 -226.9 97.2
PTC THERAPEUTICS P91 QT 1,576.4 -226.9 97.2
PTC THERAPEUTICS PTCTEUR EZ 1,576.4 -226.9 97.2
RAPID7 INC RPD US 1,295.5 -142.3 -47.9
RAPID7 INC R7D GR 1,295.5 -142.3 -47.9
RAPID7 INC RPDEUR EU 1,295.5 -142.3 -47.9
RAPID7 INC R7D TH 1,295.5 -142.3 -47.9
RAPID7 INC RPD* MM 1,295.5 -142.3 -47.9
RAPID7 INC R7D GZ 1,295.5 -142.3 -47.9
RAPID7 INC R7D QT 1,295.5 -142.3 -47.9
REVLON INC-A REV* MM 2,520.6 -2,497.1 -6.0
RIMINI STREET IN RMNI US 333.3 -75.4 -61.6
RIMINI STREET IN 0QH GR 333.3 -75.4 -61.6
RIMINI STREET IN RMNIEUR EU 333.3 -75.4 -61.6
RIMINI STREET IN 0QH QT 333.3 -75.4 -61.6
RINGCENTRAL IN-A RNG US 2,315.7 -45.4 135.4
RINGCENTRAL IN-A 3RCA GR 2,315.7 -45.4 135.4
RINGCENTRAL IN-A RNGEUR EU 2,315.7 -45.4 135.4
RINGCENTRAL IN-A 3RCA TH 2,315.7 -45.4 135.4
RINGCENTRAL IN-A 3RCA QT 2,315.7 -45.4 135.4
RINGCENTRAL IN-A RNGEUR EZ 2,315.7 -45.4 135.4
RINGCENTRAL IN-A RNG* MM 2,315.7 -45.4 135.4
RINGCENTRAL IN-A 3RCA GZ 2,315.7 -45.4 135.4
RINGCENTRAL-BDR R2NG34 BZ 2,315.7 -45.4 135.4
RITE AID CORP RAD US 8,367.1 -336.4 922.1
RITE AID CORP RTA1 GR 8,367.1 -336.4 922.1
RITE AID CORP RTA1 TH 8,367.1 -336.4 922.1
RITE AID CORP RTA1 QT 8,367.1 -336.4 922.1
RITE AID CORP RADEUR EU 8,367.1 -336.4 922.1
RITE AID CORP RADEUR EZ 8,367.1 -336.4 922.1
RITE AID CORP RTA1 GZ 8,367.1 -336.4 922.1
SABRE CORP SABR US 5,019.6 -732.0 655.0
SABRE CORP 19S GR 5,019.6 -732.0 655.0
SABRE CORP 19S TH 5,019.6 -732.0 655.0
SABRE CORP 19S QT 5,019.6 -732.0 655.0
SABRE CORP SABREUR EU 5,019.6 -732.0 655.0
SABRE CORP 19S GZ 5,019.6 -732.0 655.0
SBA COMM CORP 4SB GR 9,942.4 -5,324.2 -801.9
SBA COMM CORP SBAC US 9,942.4 -5,324.2 -801.9
SBA COMM CORP 4SB TH 9,942.4 -5,324.2 -801.9
SBA COMM CORP 4SB QT 9,942.4 -5,324.2 -801.9
SBA COMM CORP SBACEUR EU 9,942.4 -5,324.2 -801.9
SBA COMM CORP 4SB GZ 9,942.4 -5,324.2 -801.9
SBA COMM CORP SBAC* MM 9,942.4 -5,324.2 -801.9
SBA COMM CORP SBACEUR EZ 9,942.4 -5,324.2 -801.9
SBA COMMUN - BDR S1BA34 BZ 9,942.4 -5,324.2 -801.9
SEAGATE TECHNOLO S1TX34 BZ 8,611.0 -351.0 602.0
SEAGATE TECHNOLO STXN MM 8,611.0 -351.0 602.0
SEAGATE TECHNOLO STX US 8,611.0 -351.0 602.0
SEAGATE TECHNOLO 847 GR 8,611.0 -351.0 602.0
SEAGATE TECHNOLO 847 GZ 8,611.0 -351.0 602.0
SEAGATE TECHNOLO STX4EUR EU 8,611.0 -351.0 602.0
SEAGATE TECHNOLO 847 TH 8,611.0 -351.0 602.0
SEAGATE TECHNOLO STXH AV 8,611.0 -351.0 602.0
SEAGATE TECHNOLO 847 QT 8,611.0 -351.0 602.0
SEAGATE TECHNOLO STH TE 8,611.0 -351.0 602.0
SEAWORLD ENTERTA SEAS US 2,355.5 -420.3 -153.8
SEAWORLD ENTERTA W2L GR 2,355.5 -420.3 -153.8
SEAWORLD ENTERTA W2L TH 2,355.5 -420.3 -153.8
SEAWORLD ENTERTA SEASEUR EU 2,355.5 -420.3 -153.8
SEAWORLD ENTERTA W2L QT 2,355.5 -420.3 -153.8
SEAWORLD ENTERTA W2L GZ 2,355.5 -420.3 -153.8
SILVER SPIKE-A SPKC/U CN 128.5 -6.3 0.5
SIRIUS XM HOLDIN SIRI US 10,059.0 -3,616.0 -1,719.0
SIRIUS XM HOLDIN RDO TH 10,059.0 -3,616.0 -1,719.0
SIRIUS XM HOLDIN RDO GR 10,059.0 -3,616.0 -1,719.0
SIRIUS XM HOLDIN RDO QT 10,059.0 -3,616.0 -1,719.0
SIRIUS XM HOLDIN SIRIEUR EU 10,059.0 -3,616.0 -1,719.0
SIRIUS XM HOLDIN RDO GZ 10,059.0 -3,616.0 -1,719.0
SIRIUS XM HOLDIN SIRI AV 10,059.0 -3,616.0 -1,719.0
SIRIUS XM HOLDIN SIRIEUR EZ 10,059.0 -3,616.0 -1,719.0
SIX FLAGS ENTERT SIX US 2,704.1 -421.8 -212.8
SIX FLAGS ENTERT 6FE GR 2,704.1 -421.8 -212.8
SIX FLAGS ENTERT SIXEUR EU 2,704.1 -421.8 -212.8
SIX FLAGS ENTERT 6FE TH 2,704.1 -421.8 -212.8
SIX FLAGS ENTERT 6FE QT 2,704.1 -421.8 -212.8
SLEEP NUMBER COR SNBR US 940.8 -437.5 -725.6
SLEEP NUMBER COR SL2 GR 940.8 -437.5 -725.6
SLEEP NUMBER COR SNBREUR EU 940.8 -437.5 -725.6
SLEEP NUMBER COR SL2 TH 940.8 -437.5 -725.6
SLEEP NUMBER COR SL2 QT 940.8 -437.5 -725.6
SLEEP NUMBER COR SL2 GZ 940.8 -437.5 -725.6
SMILEDIRECTCLUB SDC* MM 631.8 -321.9 190.3
SPIRIT AEROSYS-A S9Q GR 6,713.6 -45.6 932.8
SPIRIT AEROSYS-A SPR US 6,713.6 -45.6 932.8
SPIRIT AEROSYS-A S9Q TH 6,713.6 -45.6 932.8
SPIRIT AEROSYS-A SPREUR EU 6,713.6 -45.6 932.8
SPIRIT AEROSYS-A S9Q QT 6,713.6 -45.6 932.8
SPIRIT AEROSYS-A S9Q GZ 6,713.6 -45.6 932.8
SPIRIT AEROSYS-A SPR-RM RM 6,713.6 -45.6 932.8
SPLUNK INC SPLK US 5,209.6 -684.0 1,097.4
SPLUNK INC S0U GR 5,209.6 -684.0 1,097.4
SPLUNK INC S0U TH 5,209.6 -684.0 1,097.4
SPLUNK INC S0U QT 5,209.6 -684.0 1,097.4
SPLUNK INC SPLK SW 5,209.6 -684.0 1,097.4
SPLUNK INC SPLKEUR EU 5,209.6 -684.0 1,097.4
SPLUNK INC SPLK* MM 5,209.6 -684.0 1,097.4
SPLUNK INC SPLKEUR EZ 5,209.6 -684.0 1,097.4
SPLUNK INC S0U GZ 5,209.6 -684.0 1,097.4
SPLUNK INC SPLK-RM RM 5,209.6 -684.0 1,097.4
SPLUNK INC - BDR S1PL34 BZ 5,209.6 -684.0 1,097.4
SQUARESPACE IN-A SQSP US 962.8 -62.1 -98.7
SQUARESPACE IN-A 8DT GR 962.8 -62.1 -98.7
SQUARESPACE IN-A 8DT GZ 962.8 -62.1 -98.7
SQUARESPACE IN-A SQSPEUR EU 962.8 -62.1 -98.7
SQUARESPACE IN-A 8DT TH 962.8 -62.1 -98.7
SQUARESPACE IN-A 8DT QT 962.8 -62.1 -98.7
STARBUCKS CORP SBUX US 27,978.4 -8,698.7 -2,133.1
STARBUCKS CORP SBUX* MM 27,978.4 -8,698.7 -2,133.1
STARBUCKS CORP SRB TH 27,978.4 -8,698.7 -2,133.1
STARBUCKS CORP SRB GR 27,978.4 -8,698.7 -2,133.1
STARBUCKS CORP SBUX CI 27,978.4 -8,698.7 -2,133.1
STARBUCKS CORP SBUX SW 27,978.4 -8,698.7 -2,133.1
STARBUCKS CORP SRB QT 27,978.4 -8,698.7 -2,133.1
STARBUCKS CORP SBUX PE 27,978.4 -8,698.7 -2,133.1
STARBUCKS CORP SBUXUSD SW 27,978.4 -8,698.7 -2,133.1
STARBUCKS CORP SRB GZ 27,978.4 -8,698.7 -2,133.1
STARBUCKS CORP SBUX AV 27,978.4 -8,698.7 -2,133.1
STARBUCKS CORP SBUX TE 27,978.4 -8,698.7 -2,133.1
STARBUCKS CORP SBUXEUR EU 27,978.4 -8,698.7 -2,133.1
STARBUCKS CORP SBUX IM 27,978.4 -8,698.7 -2,133.1
STARBUCKS CORP SBUXEUR EZ 27,978.4 -8,698.7 -2,133.1
STARBUCKS CORP 0QZH LI 27,978.4 -8,698.7 -2,133.1
STARBUCKS CORP SBUX-RM RM 27,978.4 -8,698.7 -2,133.1
STARBUCKS CORP SBUXCL CI 27,978.4 -8,698.7 -2,133.1
STARBUCKS CORP SBUX_KZ KZ 27,978.4 -8,698.7 -2,133.1
STARBUCKS CORP SRBD BQ 27,978.4 -8,698.7 -2,133.1
STARBUCKS-BDR SBUB34 BZ 27,978.4 -8,698.7 -2,133.1
STARBUCKS-CEDEAR SBUX AR 27,978.4 -8,698.7 -2,133.1
STARBUCKS-CEDEAR SBUXD AR 27,978.4 -8,698.7 -2,133.1
TEMPUR SEALY INT TPD GR 4,351.7 -143.3 198.5
TEMPUR SEALY INT TPX US 4,351.7 -143.3 198.5
TEMPUR SEALY INT TPXEUR EU 4,351.7 -143.3 198.5
TEMPUR SEALY INT TPD SW 4,351.7 -143.3 198.5
TEMPUR SEALY INT TPD TH 4,351.7 -143.3 198.5
TEMPUR SEALY INT TPD GZ 4,351.7 -143.3 198.5
TEMPUR SEALY INT T2PX34 BZ 4,351.7 -143.3 198.5
TEMPUR SEALY INT TPX-RM RM 4,351.7 -143.3 198.5
TENNECO INC-A TNN GR 10,952.0 -208.0 -559.0
TENNECO INC-A TEN US 10,952.0 -208.0 -559.0
TENNECO INC-A TEN1EUR EU 10,952.0 -208.0 -559.0
TENNECO INC-A TNN TH 10,952.0 -208.0 -559.0
TENNECO INC-A TNN GZ 10,952.0 -208.0 -559.0
TORRID HOLDINGS CURV US 556.6 -238.7 -56.4
TRANSDIGM - BDR T1DG34 BZ 18,107.0 -3,766.0 4,223.0
TRANSDIGM GROUP T7D GR 18,107.0 -3,766.0 4,223.0
TRANSDIGM GROUP TDG US 18,107.0 -3,766.0 4,223.0
TRANSDIGM GROUP T7D QT 18,107.0 -3,766.0 4,223.0
TRANSDIGM GROUP TDGEUR EU 18,107.0 -3,766.0 4,223.0
TRANSDIGM GROUP T7D TH 18,107.0 -3,766.0 4,223.0
TRANSDIGM GROUP TDG* MM 18,107.0 -3,766.0 4,223.0
TRANSDIGM GROUP TDGEUR EZ 18,107.0 -3,766.0 4,223.0
TRANSDIGM GROUP TDG-RM RM 18,107.0 -3,766.0 4,223.0
TRAVEL + LEISURE WD5A GR 6,380.0 -903.0 513.0
TRAVEL + LEISURE TNL US 6,380.0 -903.0 513.0
TRAVEL + LEISURE WD5A TH 6,380.0 -903.0 513.0
TRAVEL + LEISURE WD5A QT 6,380.0 -903.0 513.0
TRAVEL + LEISURE WYNEUR EU 6,380.0 -903.0 513.0
TRAVEL + LEISURE 0M1K LI 6,380.0 -903.0 513.0
TRAVEL + LEISURE WD5A GZ 6,380.0 -903.0 513.0
TRAVEL + LEISURE TNL* MM 6,380.0 -903.0 513.0
TRIUMPH GROUP TG7 GR 1,568.3 -702.1 443.5
TRIUMPH GROUP TGI US 1,568.3 -702.1 443.5
TRIUMPH GROUP TGIEUR EU 1,568.3 -702.1 443.5
TRIUMPH GROUP TG7 TH 1,568.3 -702.1 443.5
TRIUMPH GROUP TG7 GZ 1,568.3 -702.1 443.5
TUPPERWARE BRAND TUP US 1,053.6 -175.4 108.1
TUPPERWARE BRAND TUP GR 1,053.6 -175.4 108.1
TUPPERWARE BRAND TUP QT 1,053.6 -175.4 108.1
TUPPERWARE BRAND TUP GZ 1,053.6 -175.4 108.1
TUPPERWARE BRAND TUP TH 1,053.6 -175.4 108.1
TUPPERWARE BRAND TUP1EUR EU 1,053.6 -175.4 108.1
TUPPERWARE BRAND TUP1EUR EZ 1,053.6 -175.4 108.1
UBIQUITI INC 3UB GR 937.2 -325.5 350.1
UBIQUITI INC UI US 937.2 -325.5 350.1
UBIQUITI INC UBNTEUR EU 937.2 -325.5 350.1
UBIQUITI INC 3UB TH 937.2 -325.5 350.1
UNISYS CORP UISEUR EU 2,058.1 -135.3 236.4
UNISYS CORP UIS US 2,058.1 -135.3 236.4
UNISYS CORP UIS SW 2,058.1 -135.3 236.4
UNISYS CORP USY1 TH 2,058.1 -135.3 236.4
UNISYS CORP USY1 GR 2,058.1 -135.3 236.4
UNISYS CORP USY1 GZ 2,058.1 -135.3 236.4
UNISYS CORP USY1 QT 2,058.1 -135.3 236.4
UNISYS CORP UISEUR EZ 2,058.1 -135.3 236.4
UNITI GROUP INC UNIT US 4,811.0 -2,260.2 0.0
UNITI GROUP INC 8XC GR 4,811.0 -2,260.2 0.0
UNITI GROUP INC 8XC TH 4,811.0 -2,260.2 0.0
UNITI GROUP INC 8XC GZ 4,811.0 -2,260.2 0.0
UROGEN PHARMA LT URGN US 128.5 -63.3 102.6
UROGEN PHARMA LT UR8 GR 128.5 -63.3 102.6
UROGEN PHARMA LT URGNEUR EU 128.5 -63.3 102.6
VECTOR GROUP LTD VGR GR 1,049.3 -823.3 281.6
VECTOR GROUP LTD VGR US 1,049.3 -823.3 281.6
VECTOR GROUP LTD VGR QT 1,049.3 -823.3 281.6
VECTOR GROUP LTD VGREUR EU 1,049.3 -823.3 281.6
VECTOR GROUP LTD VGREUR EZ 1,049.3 -823.3 281.6
VECTOR GROUP LTD VGR TH 1,049.3 -823.3 281.6
VECTOR GROUP LTD VGR GZ 1,049.3 -823.3 281.6
VERISIGN INC VRS TH 1,744.4 -1,542.4 -46.6
VERISIGN INC VRS GR 1,744.4 -1,542.4 -46.6
VERISIGN INC VRSN US 1,744.4 -1,542.4 -46.6
VERISIGN INC VRS QT 1,744.4 -1,542.4 -46.6
VERISIGN INC VRSNEUR EU 1,744.4 -1,542.4 -46.6
VERISIGN INC VRS GZ 1,744.4 -1,542.4 -46.6
VERISIGN INC VRSN* MM 1,744.4 -1,542.4 -46.6
VERISIGN INC VRSNEUR EZ 1,744.4 -1,542.4 -46.6
VERISIGN INC VRSN-RM RM 1,744.4 -1,542.4 -46.6
VERISIGN INC-BDR VRSN34 BZ 1,744.4 -1,542.4 -46.6
VERISIGN-CEDEAR VRSN AR 1,744.4 -1,542.4 -46.6
VIVINT SMART HOM VVNT US 2,959.0 -1,740.2 -528.4
W&T OFFSHORE INC WTI US 1,490.3 -55.0 229.8
W&T OFFSHORE INC UWV GR 1,490.3 -55.0 229.8
W&T OFFSHORE INC WTI1EUR EU 1,490.3 -55.0 229.8
W&T OFFSHORE INC UWV TH 1,490.3 -55.0 229.8
W&T OFFSHORE INC UWV GZ 1,490.3 -55.0 229.8
WAYFAIR INC- A W US 3,653.0 -2,378.0 43.0
WAYFAIR INC- A 1WF GR 3,653.0 -2,378.0 43.0
WAYFAIR INC- A 1WF TH 3,653.0 -2,378.0 43.0
WAYFAIR INC- A WEUR EU 3,653.0 -2,378.0 43.0
WAYFAIR INC- A 1WF QT 3,653.0 -2,378.0 43.0
WAYFAIR INC- A WEUR EZ 3,653.0 -2,378.0 43.0
WAYFAIR INC- A 1WF GZ 3,653.0 -2,378.0 43.0
WAYFAIR INC- A W* MM 3,653.0 -2,378.0 43.0
WEBER INC - A WEBR US 1,721.7 -243.0 228.7
WEWORK INC-CL A WE* MM 18,339.0 -2,755.0 -1,228.0
WINGSTOP INC WING US 411.0 -406.6 162.4
WINGSTOP INC EWG GR 411.0 -406.6 162.4
WINGSTOP INC WING1EUR EU 411.0 -406.6 162.4
WINGSTOP INC EWG GZ 411.0 -406.6 162.4
WINMARK CORP WINA US 33.7 -60.4 9.6
WINMARK CORP GBZ GR 33.7 -60.4 9.6
WORKIVA INC WK US 776.6 -5.5 192.1
WORKIVA INC 0WKA GR 776.6 -5.5 192.1
WORKIVA INC WKEUR EU 776.6 -5.5 192.1
WORKIVA INC 0WKA TH 776.6 -5.5 192.1
WORKIVA INC 0WKA QT 776.6 -5.5 192.1
WORKIVA INC WK* MM 776.6 -5.5 192.1
WW INTERNATIONAL WW US 1,092.8 -659.5 89.8
WW INTERNATIONAL WW6 GR 1,092.8 -659.5 89.8
WW INTERNATIONAL WW6 TH 1,092.8 -659.5 89.8
WW INTERNATIONAL WTWEUR EU 1,092.8 -659.5 89.8
WW INTERNATIONAL WW6 QT 1,092.8 -659.5 89.8
WW INTERNATIONAL WW6 GZ 1,092.8 -659.5 89.8
WW INTERNATIONAL WW6 SW 1,092.8 -659.5 89.8
WW INTERNATIONAL WTW AV 1,092.8 -659.5 89.8
WW INTERNATIONAL WTWEUR EZ 1,092.8 -659.5 89.8
WW INTERNATIONAL WW-RM RM 1,092.8 -659.5 89.8
WYNN RESORTS LTD WYR GR 11,779.3 -1,597.0 688.4
WYNN RESORTS LTD WYNN* MM 11,779.3 -1,597.0 688.4
WYNN RESORTS LTD WYNN US 11,779.3 -1,597.0 688.4
WYNN RESORTS LTD WYR TH 11,779.3 -1,597.0 688.4
WYNN RESORTS LTD WYR QT 11,779.3 -1,597.0 688.4
WYNN RESORTS LTD WYNNEUR EU 11,779.3 -1,597.0 688.4
WYNN RESORTS LTD WYR GZ 11,779.3 -1,597.0 688.4
WYNN RESORTS LTD WYNNEUR EZ 11,779.3 -1,597.0 688.4
WYNN RESORTS LTD WYNN-RM RM 11,779.3 -1,597.0 688.4
WYNN RESORTS-BDR W1YN34 BZ 11,779.3 -1,597.0 688.4
YELLOW CORP YELL US 2,450.9 -335.9 224.9
YUM! BRANDS -BDR YUMR34 BZ 5,779.0 -8,542.0 351.0
YUM! BRANDS INC YUM US 5,779.0 -8,542.0 351.0
YUM! BRANDS INC TGR GR 5,779.0 -8,542.0 351.0
YUM! BRANDS INC TGR TH 5,779.0 -8,542.0 351.0
YUM! BRANDS INC YUMEUR EU 5,779.0 -8,542.0 351.0
YUM! BRANDS INC TGR QT 5,779.0 -8,542.0 351.0
YUM! BRANDS INC YUM SW 5,779.0 -8,542.0 351.0
YUM! BRANDS INC YUMUSD SW 5,779.0 -8,542.0 351.0
YUM! BRANDS INC TGR GZ 5,779.0 -8,542.0 351.0
YUM! BRANDS INC YUM* MM 5,779.0 -8,542.0 351.0
YUM! BRANDS INC YUM AV 5,779.0 -8,542.0 351.0
YUM! BRANDS INC TGR TE 5,779.0 -8,542.0 351.0
YUM! BRANDS INC YUMEUR EZ 5,779.0 -8,542.0 351.0
YUM! BRANDS INC YUM-RM RM 5,779.0 -8,542.0 351.0
*********
Monday's edition of the TCR delivers a list of indicative prices
for bond issues that reportedly trade well below par. Prices are
obtained by TCR editors from a variety of outside sources during
the prior week we think are reliable. Those sources may not,
however, be complete or accurate. The Monday Bond Pricing table
is compiled on the Friday prior to publication. Prices reported
are not intended to reflect actual trades. Prices for actual
trades are probably different. Our objective is to share
information, not make markets in publicly traded securities.
Nothing in the TCR constitutes an offer or solicitation to buy or
sell any security of any kind. It is likely that some entity
affiliated with a TCR editor holds some position in the issuers
public debt and equity securities about which we report.
Each Tuesday edition of the TCR contains a list of companies with
insolvent balance sheets whose shares trade higher than $3 per
share in public markets. At first glance, this list may look like
the definitive compilation of stocks that are ideal to sell short.
Don't be fooled. Assets, for example, reported at historical cost
net of depreciation may understate the true value of a firm's
assets. A company may establish reserves on its balance sheet for
liabilities that may never materialize. The prices at which
equity securities trade in public market are determined by more
than a balance sheet solvency test.
On Thursdays, the TCR delivers a list of recently filed
Chapter 11 cases involving less than $1,000,000 in assets and
liabilities delivered to nation's bankruptcy courts. The list
includes links to freely downloadable images of these small-dollar
petitions in Acrobat PDF format.
Each Friday's edition of the TCR includes a review about a book of
interest to troubled company professionals. All titles are
available at your local bookstore or through Amazon.com. Go to
http://www.bankrupt.com/books/to order any title today.
Monthly Operating Reports are summarized in every Saturday edition
of the TCR.
The Sunday TCR delivers securitization rating news from the week
then-ending.
TCR subscribers have free access to our on-line news archive.
Point your Web browser to http://TCRresources.bankrupt.com/and use
the e-mail address to which your TCR is delivered to login.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Troubled Company Reporter is a daily newsletter co-published
by Bankruptcy Creditors Service, Inc., Fairless Hills,
Pennsylvania, USA, and Beard Group, Inc., Philadelphia, Pa., USA.
Randy Antoni, Jhonas Dampog, Marites Claro, Joy Agravante,
Rousel Elaine Tumanda, Joel Anthony G. Lopez, Psyche A. Castillon,
Ivy B. Magdadaro, Carlo Fernandez, Christopher G. Patalinghug, and
Peter A. Chapman, Editors.
Copyright 2022. 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 ***