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T R O U B L E D C O M P A N Y R E P O R T E R
Friday, May 2, 2025, Vol. 29, No. 121
Headlines
2910 NEW HAVEN: Unsecureds Will Get 100% of Claims over 5 Years
344 ROEBLING: Voluntary Chapter 11 Case Summary
ACCRX INC: Seeks Subchapter V Bankruptcy in Massachusetts
AKOUSTIS TECHNOLOGIES: Gets Court Approval for $30MM Sale to SpaceX
ALLEN MARKETING: Seeks Chapter 11 Bankruptcy in New Jersey
ALTICE USA: Debt Talks With Ad Hoc Group End Without Deal
ALTRAIN MEDICAL: Joseph Cotterman Named Subchapter V Trustee
AMERICANN INC: Benjamin Barton Holds 37.4% Equity Stake
ASSOCIATION MOTOR: Unsecured Claims Under $2K to Recover 100%
ASTRA INTERMEDIATE: Moody's Downgrades CFR to 'Ca', Outlook Stable
ATARA BIOTHERAPEUTICS: CAO Yanina Grant-Huerta Reports 39K Shares
AXIS OILFIELD: Seeks Chapter 11 Bankruptcy in Louisiana
BALKAN EXPRESS: Voluntary Chapter 11 Case Summary
BALTIMORE HOTEL: S&P Affirms 'B+' Secured Revenue Bond Rating
BEC CAPITAL: Case Summary & 13 Unsecured Creditors
BEXIN REALTY: Court Extends Cash Collateral Access to June 2
BEXIN REALTY: To Sell New York Property at Auction
CAMBER ENERGY: Restates 2024 Financials Over Revenue Errors
CANNABITION LLC: Case Summary & Two Unsecured Creditors
CAROLINA'S CONTRACTING: Seeks Ch. 11 Bankruptcy in North Carolina
CBDMD INC: Automatic Conversion of Series A PreferredShares OK'd
CLEAN ENERGY: Secures $310,500 in Funding From Pacific Pier
COMMUNITY HEALTH: S&P Downgrades ICR to 'SD' on Debt Repurchase
COMMUNITY LEADERSHIP: S&P Affirms 'BB+' Rating on Revenue Bonds
CONAIR HOLDINGS: Moody's Cuts CFR to Caa1 & Alters Outlook to Neg.
DAVID KIMMEL: Frances Smith Named Subchapter V Trustee
DECKER HOME: Unsecured Creditors Will Get 10% of Claims in Plan
DISCOVERY PURCHASER: Moody's Affirms 'B3' CFR, Outlook Stable
EKSO BIONICS: Files S-3 for Resale of 10.5M Shares by Armistice
ELETSON HOLDING: Investor Contests Legality of $5K Daily Court Fine
ENCINO ACQUISITION: Fitch Affirms 'B' LongTerm IDR, Outlook Stable
EPIC SMOKEHOUSE: Seeks Subchapter V Bankruptcy in Virginia
ESG CLEAN: Voluntary Chapter 11 Case Summary
ESG-H2 LLC: Voluntary Chapter 11 Case Summary
EVANS INVESTMENT: Case Summary & Six Unsecured Creditors
FIRST CLASS: To Sell Trailer to Rigo's Delivery for $55K
FORTUNA AUCTION: Yann Geron Named Subchapter V Trustee
FOUNDERS CLASSICAL: S&P Affirms 'BB-' Rating on Revenue Bonds
GLOBAL CLEAN: U.S. Trustee Appoints Creditors' Committee
GO LAB INC: GO-Madison Unsecured Claims Will Get 10% of Claims
GOL LINHAS: Secures Agreement with Group of 2026 Noteholders
GOOD TO GO: Seeks Chapter 11 Bankruptcy in Illinois
GREYSTONE PROPERTY: Voluntary Chapter 11 Case Summary
H-FOOD HOLDINGS: HQ Landlord Backed Out of New Terms
HARBOR FREIGHT: Moody's Alters Outlook on 'B1' CFR to Negative
HARVEY LANDHOLDINGS: Proposes Immaterial Modifications to Plan
HERTZ CORP: Wells Fargo Challenges Interest Payment Before S.C.
HIGHER GROUND: Court Extends Cash Collateral Access to May 14
HOWARD MIDSTREAM: S&P Affirms 'BB-' ICR on Strategic Transactions
HURRICANE GLASS: Gets Interim OK to Use Cash Collateral
INVENERGY THERMAL: S&P Assigns Prelim 'BB' Rating on Secured Debt
IRWIN NATURALS: Unsecureds Unimpaired in in Two-Option Plan
JEFFERSON CAPITAL: Fitch Assigns BB-(EXP) Rating on Unsec. Notes
JOANN INC: Proposes $1.3MM Ohio Closure Agreement w/ Union Workers
KENTUCKY INVESTMENT: Voluntary Chapter 11 Case Summary
KNIGHTSCOPE INC: Net Loss Widens to $31.73 Million in 2024
LABOR LAW: Scott Chernich Named Subchapter V Trustee
LAID RIGHT SITE: Case Summary & 20 Largest Unsecured Creditors
MAJESTIC MOTORS: Stephen Gray Named Subchapter V Trustee
MANA GROUP: Gets Final OK to Use Cash Collateral
MARIN SOFTWARE: Board OKs Plan of Dissolution and Liquidation
MERCURITY FINTECH: Adopts 2025 Equity Incentive Plan
MZS PROPERTIES: Court Extends Cash Collateral Access to June 24
NAUTICA'S EDGE: Voluntary Chapter 11 Case Summary
NEBRASKA BREWING: Seeks Subchapter V Bankruptcy in Nebraska
NEW FOCUS: Linda Leali Named Subchapter V Trustee
OCEAN POWER: Signs Reseller Deal With Grava Hydro for USVs
OCEAN POWER: Stays Operational Amid Global Supply Chain Challenges
ONE EDGE MARINA: Unsecureds to Recover Up to 100% of Claims
ORYX OILFIELD: Unsecureds Will Get 70.5% of Claims in Plan
OUTLOOK THERAPEUTICS: Sphera Entities Hold 7.49% Equity Stake
PALATIN TECHNOLOGIES: Faces Potential Delisting From NYSE American
PAVMED INC: Appoints CBIZ CPAs as Independent Auditor
PEOPLE WHO CARE: Amends Plan to Include City & Dept. of Park Claims
PIZZERIA MANAGEMENT: Patricia Fugee Named Subchapter V Trustee
PRECIPIO INC: Marcum LLP Resigns; CBIZ CPAs Appointed New Auditor
PRIMERO SPINE: Jerrett McConnell Named Subchapter V Trustee
PRODIGAL PROTCOL: John Whaley Named Subchapter V Trustee
PROFESSIONAL DIVERSITY: Regains Nasdaq Bid Price Compliance
PROSPECT MEDICAL: Judge Denies $5MM Fee Request in Chapter 11 Case
RDB MANAGEMENT: APAMO Unsecureds to Recover 34.07% over 5 Years
REALSYS USA: John Whaley Named Subchapter V Trustee
REBORN COFFEE: Files Prospectus for Resale of Up to 6.67M Shares
RELENTLESS HOLDINGS: U.S. Trustee Unable to Appoint Committee
RENOVARO INC: Completes Biosymetrics Merger, Issues 15M Shares
RITEWAY INSURANCE: Aleida Molina Named Subchapter V Trustee
SANTOSELJACH LLC: U.S. Trustee Unable to Appoint Committee
SENA & SENA: Unsecureds to Split $6K via Quarterly Payments
SHIFT4 PAYMENTS: Fitch Affirms 'BB' LongTerm IDR, Outlook Stable
SILVERGATE CAPITAL: Shareholders Push for Expanded Probe in Ch. 11
SOLUNA HOLDINGS: Reveals Monthly Business Update for March
SPORTIF VENTURES: Section 341(a) Meeting of Creditors on June 3
SRP CAPITAL: To Sell Perth Amboy Property to 395-397 Mechanical
STARSHIP LOGISTICS: Unsecureds Will Get 9.5% of Claims in Plan
STEEL FABRICATORS: To Sell Equipment to KDM Steelworks for $120K
SUNNOVA ENERGY: Extends SVP's Employment, Grants Special Bonuses
TAMPA BRASS: Gets Extension to Access Cash Collateral
TECTUM ROOFING: Updates Unsecured Claims Pay Details
TOMMY'S FORT: Chapter 11 Trustee Files Liquidating Plan
TSFG LLC: Tamara Miles Ogier Named Subchapter V Trustee
TZADIK RAPID: Section 341(a) Meeting of Creditors on June 3
UNDER ARMOUR: Moody's Cuts CFR to 'Ba3', Outlook Negative
VAN DER VALK: Case Summary & 20 Largest Unsecured Creditors
VENUS CONCEPT: EW Healthcare Holds 43.2% Equity Stake
VOYAGER PARENT: Fitch Assigns 'BB' IDR, Outlook Stable
WELLPATH HOLDINGS: Secures Bankruptcy Exit Court Approval
WHITTIER SEAFOOD: Fine-Tunes Plan Documents
WINDTREE THERAPEUTICS: Issues $250K in Secured Notes With 20% OID
WYNDSTON MILLWORK: Seeks Chapter 11 Bankruptcy in Louisiana
YELLOW CORP: MFN Cites High Costs in Push to Convert to Chapter 7
[^] Recent Small-Dollar & Individual Chapter 11 Filings
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2910 NEW HAVEN: Unsecureds Will Get 100% of Claims over 5 Years
---------------------------------------------------------------
2910 New Haven St, Irving, TX LLC filed with the U.S. Bankruptcy
Court for the Eastern District of Texas a Disclosure Statement
describing Plan of Reorganization dated March 31, 2025.
The Debtor is a Texas limited liability company which owns the Real
Property.
Melissa Blakesley is the managing member of the Debtor and
currently manages and operates the Debtor. Melissa Blakesley will
continue to manage and operate the Post-Confirmation Debtor.
The primary cause of this bankruptcy filing was a possible forced
sale of the Real Property.
The Debtor's sole asset is the Real Property. There are no business
operations conducted by the Debtor on the Real Property. Debtor
receives nominal revenue from an agricultural lease it entered into
with Donald Lee Cardwell.
The Real Property operates as a short term rental property. The
Real Property underwent extensive renovations during the course of
the last 18 months and is now in prime shape for the short term
rental market in North Texas.
The Plan provides for a distribution to Creditors in accordance
with the terms of the Plan from the Debtor over the course of five
years from the Debtor's continued business operations.
General unsecured creditors are classified in Class 3, and it is
anticipated the holders of Allowed Claims will receive a
distribution of 100%, which distributions will be made from current
business operations.
Class 3 consists of Non-priority unsecured Claims. Each holder of
an Allowed Unsecured Claim in Class 3 shall be paid by Reorganized
Debtor from an unsecured creditor pool, which pool shall be funded
at the rate of $283.00 per month. Payments from the unsecured
creditor pool shall be paid quarterly, for a period not to exceed
five years (20 quarterly payments) and the first quarterly payment
will be due on the twentieth day of the first full calendar month
following the last day of the first quarter.
The Debtor estimates the aggregate of all Allowed Class 3 Claims is
approximates $16,930.00 based upon Debtor's review of the Court's
claim register, Debtor's bankruptcy schedules, and anticipated
Claim objections.
Class 4 consists of the holders of Allowed Interests in the Debtor.
The holder of an Allowed Class 4 Interest shall retain their
interests in the Reorganized Debtor.
A full-text copy of the Disclosure Statement dated March 31, 2025
is available at https://urlcurt.com/u?l=cGXtlS from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Robert T. DeMarco, Esq.
Michael S. Mitchell, Esq.
DeMarco Mitchell, PLLC
12770 Coit Road, Suite 850
Dallas, TX 75251
Tel: (972) 578-1400
Fax: (972) 346-6791
Email: robert@demarcomitchell.com
mike@demarcomitchell.com
About 2910 New Haven St, Irving, TX LLC
2910 New Haven St, Irving, TX LLC is a Texas limited liability
company which owns the Real Property.
The Debtor sought protection for relief under Chapter 11 of the
Bankruptcy Code (Bankr. E.D. Tex. Case No. 24-41318) on June 3,
2024, listing $500,001 to $1 million in both assets and
liabilities.
Judge Brenda T Rhoades presides over the case.
Robert DeMarco, III at DeMarco-Mitchell, PLLC represents the Debtor
as counsel.
344 ROEBLING: Voluntary Chapter 11 Case Summary
-----------------------------------------------
Debtor: 344 Roebling 123 LLC
346 Prospect Avenue
1A
Brooklyn NY 11215
Business Description: 344 Roebling 123 LLC is a real estate
company engaged in activities such as
property ownership, leasing, or management
in Brooklyn, New York.
Chapter 11 Petition Date: April 30, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 25-42114
Judge: Hon. Elizabeth S Stong
Debtor's Counsel: Joshua R. Bronstein, Esq.
JOSHUA R. BRONSTEIN & ASSOCIATES, PLLC
114 Soundview Drive
Port Washington, NY 11050
Tel: 516-698-0202
Email: jbrons5@yahoo.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Gerard Crokett as managing member.
The Debtor failed to attach a list of its 20 largest unsecured
creditors to the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/N6RHS5A/344_ROEBLING_123_LLC__nyebke-25-42114__0001.0.pdf?mcid=tGE4TAMA
ACCRX INC: Seeks Subchapter V Bankruptcy in Massachusetts
---------------------------------------------------------
On April 28, 2025, ACCRX Inc. filed Chapter 11 protection in the
U.S. Bankruptcy Court for the District of Massachusetts. According
to court filing, the Debtor reports between $1 million and $10
million in debt owed to 1 and 49 creditors. The petition states
funds will not be available to unsecured creditors.
About ACCRX Inc.
ACCRX Inc. operates ACC Apothecary, a compounding pharmacy based in
Newton, Massachusetts, specializing in customized medications for
patients and providers, including treatments in pain management,
hormone therapy, sports medicine, pediatrics, and veterinary care.
ACCRX Inc. sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Mass. Case No. 25-10851) on April
28, 2025. In its petition, the Debtor reports estimated assets
between $100,000 and $500,000 and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge Christopher J. Panos handles the
case.
The Debtor is represented by Marques Lipton, Esq. at LIPTON LAW
GROUP, LLC.
AKOUSTIS TECHNOLOGIES: Gets Court Approval for $30MM Sale to SpaceX
-------------------------------------------------------------------
Ben Zigterman of Law360 Bankruptcy Authority reports that a
Delaware bankruptcy judge has signed off on the $30 million sale of
select assets from radio frequency filter maker Akoustis
Technologies to a SpaceX subsidiary, after the company resolved
trade secret concerns raised by a rival.
About Akoustis Technologies
Akoustis Technologies, Inc. -- http://www.akoustis.com/-- is a
high-tech BAW RF filter solutions company that is pioneering
next-generation materials science and MEMS wafer manufacturing to
address the market requirements for improved RF filters --
targeting higher bandwidth, higher operating frequencies and higher
output power compared to legacy polycrystalline BAW technology. The
Company utilizes its proprietary and patented XBAW(R) manufacturing
process to produce bulk acoustic wave RF filters for mobile and
other wireless markets, which facilitate signal acquisition and
accelerate band performance between the antenna and digital back
end. Superior performance is driven by the significant advances of
poly-crystal, single-crystal, and other high purity piezoelectric
materials and the resonator-filter process technology which enables
optimal trade-offs between critical power, frequency and bandwidth
performance specifications.
Akoustis owns and operates a 125,000 sq. ft. ISO-9001:2015
registered commercial wafer-manufacturing facility located in
Canandaigua, NY, which includes a class 100 / class 1000 cleanroom
facility -- tooled for 150-mm diameter wafers -- for the design,
development, fabrication and packaging of RF filters, MEMS and
other semiconductor devices. Akoustis is headquartered in the
Piedmont technology corridor near Charlotte, North Carolina.
Akoustis and three affiliates sought Chapter 11 protection (Bankr.
D. Del. Lead Case No. 24-12796) on Dec. 16, 2024. Akoustis
disclosed $53,371,000 in total assets against $122,586,000 in total
debt as of Sept. 30, 2024.
The Hon. Laurie Selber Silverstein is the case judge.
The Debtors tapped K&L Gates, LLP as bankruptcy counsel; Landis
Rath & Cobb, LLP as local counsel. Raymond James & Associates, Inc.
as investment banker; Getzler Henrich & Associates, LLC as
financial advisor; and C Street Advisory Group as strategic
communications advisor. Stretto is the claims agent and has
launched the page https://cases.stretto.com/Akoustis.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
ALLEN MARKETING: Seeks Chapter 11 Bankruptcy in New Jersey
----------------------------------------------------------
On April 29, 2025, Allen Marketing Group Inc. filed Chapter 11
protection in the U.S. Bankruptcy Court for the District of New
Jersey. According to court filing, the Debtor reports between
$50,000 and $100,000 in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About Allen Marketing Group Inc.
Allen Marketing Group Inc. is a Trenton, New Jersey-based marketing
company likely specializing in travel and vacation promotions based
on its creditor relationships.
Allen Marketing Group Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D.N.J. Case No. 25-14414) on April
29, 2025. In its petition, the Debtor reports estimated assets up
to $50,000 and estimated liabilities between $50,000 and $100,00.
Honorable Bankruptcy Judge Mark Edward Hall handles the case.
The Debtor is represented by Bruce J. Duke, Esq. at Bruce J. Duke,
LLC.
ALTICE USA: Debt Talks With Ad Hoc Group End Without Deal
---------------------------------------------------------
Altice USA, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that its subsidiary, CSC
Holdings, LLC engaged in negotiations with respect to potential
transactions with certain holders of the term loans and notes
issued by the Company or its affiliates that are members of an ad
hoc group of holders of CSC Debt represented by Akin Gump Strauss
Hauer & Feld LLP as legal counsel and PJT Partners LP as financial
advisor. Such negotiations concluded, and the Company and members
of the Akin/PJT Ad Hoc Group did not reach an agreement with
respect to a transaction. No discussions between the Company and
the Akin / PJT Ad Hoc Group are ongoing at this time.
About Altice USA Inc.
Altice USA, Inc. is an American cable television provider.
As of December 31, 2024, Altice USA had $31.7 billion in total
assets, $32.16 billion in total liabilities, and a total deficiency
of $456.8 million.
* * *
As reported by the TCR on May 17, 2024, S&P Global Ratings lowered
all its ratings on Altice USA Inc. one notch, including the Company
credit rating to 'CCC+', and removed them from Credit Watch, where
it placed them with negative implications on May 2, 2024. The
negative outlook reflects that S&P could lower its ratings if the
company opts to pursue a debt restructuring over the next year.
S&P said, "We believe Altice USA's capital structure is
unsustainable. We believe the company is vulnerable to nonpayment
long term and depends on favorable business, financial, and
economic conditions to meet its financial obligations as they come
due in 2027 and beyond. We believe it is more likely than not that
Altice USA will enter into a distressed debt restructuring that we
consider tantamount to default, or it could face bankruptcy long
term."
ALTRAIN MEDICAL: Joseph Cotterman Named Subchapter V Trustee
------------------------------------------------------------
The U.S. Trustee for Region 14 appointed Joseph Cotterman as
Subchapter V trustee for Altrain Medical and Dental Assisting
Academy LLC.
Mr. Cotterman will be paid an hourly fee of $500 for his services
as Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Cotterman declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Joseph E. Cotterman
5232 W. Oraibi Drive
Glendale, AZ 85308
Telephone: 480-353-0540
Email: cottermail@cox.net
About Altrain Medical and Dental
Assisting Academy LLC
Altrain Medical and Dental Assisting Academy LLC is, a training
school for medical and dental assistants based in Glendale,
Arizona.
Altrain Medical and Dental Assisting Academy LLC sought relief
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Ariz. Case
No. 25-02732) on March 28, 2025. In its petition, the Debtor
reports estimated assets up to $50,000 and estimated liabilities
between $1 million and $10 million.
Honorable Bankruptcy Judge Eddward P Ballinger Jr handles the
case.
The Debtor is represented by Patrick F. Keery at Keery Mccue, PLLC.
AMERICANN INC: Benjamin Barton Holds 37.4% Equity Stake
-------------------------------------------------------
Benjamin J. Barton, disclosed in a Schedule 13G filed with the U.S.
Securities and Exchange Commission that as of March 21, 2025, he
beneficially owns 9,127,290 shares of AmeriCann, Inc.'s Common
Stock, representing 37.4% of the outstanding shares of the
Company.
Benjamin J. Barton may be reached at:
1555 Larimer St.
#2701
Denver, CO 80202
A full-text copy of Mr. Barton's SEC report is available at:
https://tinyurl.com/38j5y645
About AmeriCann
Headquartered in Denver, CO, Americann, Inc. (OTCQB:ACAN) designs,
develops, leases and operates state-of-the-art cannabis
cultivation, processing and manufacturing facilities. The
Company's business plan is based on the continued growth of the
regulated marijuana market in the United States. AmeriCann
utilizes advanced greenhouse technology, which outperforms the
current industry standard of growing cannabis in warehouse
facilities under artificial lighting.
In the Company's Annual Report on Form 10-K for the year ended
Sept. 30, 2024, the Company stated that it had an accumulated
deficit of $21,107,773 and $19,853,444 at Sept. 30, 2024 and 2023,
respectively, and had a net loss of $1,254,329 and $94,755 for the
years ended Sept. 30, 2024 and 2023, respectively. The Company
indicated that these matters, among others, raise substantial doubt
about its ability to continue as a going concern.
As of Dec. 31, 2024, Americann had $10.14 million in total assets,
$6.99 million in total liabilities, and $3.15 million in total
stockholders' equity.
ASSOCIATION MOTOR: Unsecured Claims Under $2K to Recover 100%
-------------------------------------------------------------
Association Motor Club, LLC, d/b/a Auto Spa Bistro, submitted an
Amended Disclosure Statement for the Amended Plan of Reorganization
dated March 31, 2025.
The Plan contemplates the reorganization, consolidation, and
ongoing business operations of Debtor and the resolution of the
outstanding Claims against and Interests in the Debtor pursuant to
sections 1129 and 1123 of the Bankruptcy Code. The Plan classifies
all Claims against and Interests in Debtor into separate Classes.
Class 6 shall consist of unsecured claims less than or equal to
$2,000.00. This Class will receive a distribution of 100% of their
allowed claims. Holders of Allowed Class 6 Claims (or Holders which
voluntarily reduce their Allowed claim to no more than $2,000.00)
shall be paid 30% of their Allowed claim within 60 days of the
Effective Date and the other 70% of their Allowed Claim on the
first anniversary of the Effective Date. Class 6 is Impaired by the
Plan, and each holder of a Class 6 Claim is entitled to vote to
accept or reject the Plan.
Class 7 consists of General Unsecured Claims. Class 7 shall receive
pro rata share of annual payments totaling $200,000 over 5 years.
The allowed unsecured claims total $5,180,195.20. This Class will
receive a distribution of 4% of their allowed claims. Holders of
Allowed Class 7 Claims are Impaired and entitled to vote to accept
or reject the Plan.
The Plan proposes to treat all general unsecured creditors equally.
Beginning on December 31, 2025, and continuing on that date each
year for five years, Debtor shall pay all Unsecured Creditors
including the Holders of Allowed Class 7 Claims, equal annual
pro-rata payments based on a total amount as follows:
12/31/2025 $30,000
12/31/2026 $35,000
12/31/2027 $40,000
12/31/2028 $45,000
12/31/2029 $50,000
Class 8 shall consist of all Interests in the Debtor. Upon entry of
the Confirmation Order, the prepetition membership interests in the
Debtor will remain the same, and the Debtor shall retain all of
Debtor's assets free and clear of any claims, liens, or
encumbrances except as specifically set forth in the Plan. In the
event Impaired Classes do not vote to accept the Plan, Debtor will
seek confirmation on a "cramdown" basis under § 1129(b), replying
on the new value corollary to the absolute priority rule.
The Debtor proposes that its sole member, Lemont Bradley, shall
provide "new value" in the form of a $12,000 cash infusion paid as
$2,000 per month for the first 6 months of the Plan, commencing on
the last day of the month of the Effective Date and continuing by
the 28th day of each subsequent month (or the next Business Day if
the 28th day is not a Business Day). Such new value payments will
be used to satisfy (i) the plan obligations of the Debtor (ii) any
administrative claims, and (iii) to support the general operations
of the Debtor.
Mr. Bradley's $12,000 cash infusion is especially important in the
early months of the plan, as the company's monthly revenue is still
recovering towards what it used to be every month. The Debtor
believes the amount of new value to be substantial, necessary, and
fair, and it will be funded in monthly installments during the
first six months after the Effective Date.
The sources of funds for the payments pursuant to the Plan are the
ongoing operations of the Debtor, a contribution of "new value" by
the Debtor's owner, and potentially, the sale of the 328 Property
the empty lot next door, at a sale price above its current fair
market value of $400,000.
A full-text copy of the Amended Disclosure Statement dated March
31, 2025 is available at https://urlcurt.com/u?l=bvmcv6 from
PacerMonitor.com at no charge.
Attorneys for the Debtor:
Brad Fallon
Fallon Law PC
1201 W. Peachtree St. NW, Suite 2625
Atlanta, Georgia 30309
Tel: (404) 849-2199
Fax: (470) 994-0579
E-mail: brad@fallonbusinesslaw.com
About Association Motor Club
Association Motor Club, LLC, doing business as Auto Spa Bistro, is
an Atlanta-based company engaged in cleaning, washing and waxing
automotive vehicles.
Association Motor Club sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 24-57098) on July 9,
2024, with assets of $100,000 to $500,000 and liabilities of $1
million to $10 million. Lemont Bradley, company owner, signed the
petition.
Judge Lisa Ritchey Craig oversees the case.
The Debtor is represented by William Rountree, Esq., at Rountree,
Leitman, Klein & Geer, LLC.
ASTRA INTERMEDIATE: Moody's Downgrades CFR to 'Ca', Outlook Stable
------------------------------------------------------------------
Moody's Ratings downgraded Astra Intermediate Holding Corp.'s (dba
"Anthology" or "the company") corporate family rating to Ca from
Caa3 and its probability of default rating to C-PD/LD from Caa3-PD.
Additionally, Moody's downgraded the instrument ratings under
Anthology's subsidiary, Astra Acquisition Corp., including a $140
million senior secured first-lien revolving bank credit facility
due February 2028 and $410 million senior secured first-lien
tranche A term loan due February 2028 to Caa2 from Caa1. The
company's $615.4 million senior secured first-lien tranche B term
loan due October 2028 and $57.6 million senior secured first-lien
tranche C term loan due October 2029 instrument ratings were
affirmed at C. The rating outlook for both entities is stable.
Moody's appended a limited default designation ("/LD") to the PDR
to reflect Anthology's missed interest payment on its second-lien
term loan that was due in December 2024. Moody's considers the
missed interest payment, following the expiration of the original
five business day grace period, as an event of default.
Subsequently, Anthology has entered into an agreement with its
lenders to waive all future interest payments under the second-lien
term loan. The "/LD" designation will be removed in approximately
three business days.
The downgrade of the CFR to Ca from Caa3 reflects the company's
aggressive financial policies, very weak liquidity and uncertain
growth prospects that result in an untenable capital structure that
will require a debt restructuring in the near term, with potential
losses to existing creditors. As such, ESG governance
considerations are material to the rating action. The downgrade of
the senior secured first-lien tranche A term loan to Caa2 from Caa1
reflects lower recovery for that class of debt given weaker than
expected operating performance of the business.
RATINGS RATIONALE
The Ca CFR reflects Anthology's high likelihood of a debt
restructuring or a default in the near term, despite the changes to
the terms and conditions of the loan to temporarily alleviate
liquidity pressure. The company's credit metrics are weak and its
capital structure is unsustainable absent a significant recovery in
earnings and/or meaningful capital injection. Anthology is facing
substantial headwinds stemming from decline in new bookings and
higher than expected customer attrition. The company has undertaken
sizeable cost savings initiatives to adjust to lower demand, but
weak earnings growth and high cost of capital will continue to
pressure liquidity.
Moody's views Anthology's liquidity as weak. As of December 31,
2024, the company had a cash balance of $28.4 million and $40
million drawn under its $140 million revolving facility due 2028.
Moody's expects the company will continue to generate negative free
cash flow over the next 12-18 months, which will continue to erode
its liquidity sources. Operational weakness could also constrain
its available capacity under the revolving facility given the
springing financial covenant test of 8.0x net first-lien leverage
ratio (as defined in the credit agreement).
The stable outlook represents Moody's views on anticipated recovery
rates for the company's debt instruments in the event of default.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
A ratings upgrade is unlikely in the short term, and would be
conditional upon the company materially improving its operating
performance and establishing a more sustainable capital structure
while improving its liquidity position.
The ratings could be downgraded if Moody's believes recovery
prospects in the event of default have deteriorated.
The principal methodology used in these ratings was Software
published in June 2022.
Anthology, headquartered in Boca Raton, FL, provides cloud-based
software solutions, including LMS, SIS and CRM for higher education
institutions. The company is majority owned by funds managed by
private-equity investors Veritas Capital Fund Management, L.L.C,
Providence Equity Partners and Leeds Equity Partners.
ATARA BIOTHERAPEUTICS: CAO Yanina Grant-Huerta Reports 39K Shares
-----------------------------------------------------------------
Yanina Grant-Huerta, Chief Accounting Officer at Atara
Biotherapeutics, Inc., disclosed in a Form 3 filed with the U.S.
Securities and Exchange Commission that as of April 10, 2025, she
beneficially owned 39,285 shares of common stock, including 33,840
restricted stock units (RSUs) that vest in varying installments
beginning May 15, 2025, contingent upon her continued service.
Additionally, she holds employee stock options to acquire 2,725
shares of common stock at exercise prices ranging from $11 to $198,
with various vesting schedules extending through April 2035.
A full-text copy of Ms. Grant-Huerta's SEC Report is available at:
https://tinyurl.com/559t3eet
About Atara Biotherapeutics
Atara Biotherapeutics, Inc. -- atarabio.com -- is a biotechnology
company focused on developing off-the-shelf cell therapies that
harness the power of the immune system to treat difficult-to-treat
cancers and autoimmune conditions. With cutting-edge science and
differentiated approach, Atara is the first company in the world to
receive regulatory approval of an allogeneic T-cell immunotherapy.
The Company's advanced and versatile T-cell platform does not
require T-cell receptor or HLA gene editing and forms the basis of
a diverse portfolio of investigational therapies that target EBV,
the root cause of certain diseases, in addition to next-generation
AlloCAR-Ts designed for best-in-class opportunities across a broad
range of hematological malignancies and B-cell driven autoimmune
diseases. Atara is headquartered in Southern California.
San Francisco, Calif.-based Deloitte & Touche LLP, the Company's
auditor since 2013, issued a "going concern" qualification in its
report dated March 7, 2025, attached to the Company's Annual Report
on Form 10-K for the year ended Dec. 31, 2024, citing that the
Company's recurring losses from operations raises substantial doubt
about its ability to continue as a going concern.
As of Dec. 31, 2024, Atara Biotherapeutics had $109.1 million in
total assets, $206.4 million in total liabilities, and a total
stockholders' deficit of $97.28 million.
AXIS OILFIELD: Seeks Chapter 11 Bankruptcy in Louisiana
-------------------------------------------------------
On April 28, 2025, Axis Oilfield Rentals LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Eastern District
of Louisiana. According to court filing, the
Debtor reports between $1 million and $10 million in debt owed
to 50 and 99 creditors. The petition states funds will noy be
available to unsecured creditors.
About Axis Oilfield Rentals LLC
Axis Oilfield Rentals LLC provides equipment rentals, field
supplies, and on-site support services to the oil and gas industry
across upstream, midstream, and downstream operations.
Headquartered in Covington, Louisiana, the Company also offers
labor for equipment operation and field logistics, with additional
field offices in Texas.
Axis Oilfield Rentals LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. La. Case No. 25-10839) on April
28, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtor is represented by Douglas S. Draper, Esq. at HELLER,
DRAPER & HORN, LLC.
BALKAN EXPRESS: Voluntary Chapter 11 Case Summary
-------------------------------------------------
Debtor: Balkan Express, LLC
2560 E Long Ave
Fort Worth, TX 76137
Business Description: Balkan Express LLC is a transportation and
logistics company based in Fort Worth,
Texas, offering full truckload and less-
than-truckload freight services across the
48 contiguous U.S. states. The Company
operates a fleet of over 150 trucks and 250
trailers and offers 24/7 dispatch support
with GPS tracking.
Chapter 11 Petition Date: April 30, 2025
Court: United States Bankruptcy Court
Northern District of Texas
Case No.: 25-41544
Debtor's Counsel: Joshua N. Eppich, Esq.
BONDS ELLIS EPPICH SCHAFER JONES LLP
420 Throckmorton Street, Suite 1000
Fort Worth, TX 76102
Tel: 817-405-6900
Email: Joshua@bondsellis.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Zlatan Karic as president.
A list of the Debtor's 20 largest unsecured creditors was not
provided alongside the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/747PBFI/BALKAN_EXPRESS_LLC__txnbke-25-41544__0001.0.pdf?mcid=tGE4TAMA
BALTIMORE HOTEL: S&P Affirms 'B+' Secured Revenue Bond Rating
-------------------------------------------------------------
S&P Global Ratings affirmed its 'B+' issue-level rating on
Baltimore Hotel Corp.'s (BHC) senior secured revenue refunding
bond.
The positive outlook reflects the potential for an upgrade within
the next 12 months if the project maintains RevPAR, with limited
operating margin declines such that there is greater certainty BHC
will sustain a median DSCR above 1.35x over S&P's forecast period.
Baltimore Hotel Corp. (BHC) owns Hilton Baltimore, which is
connected to the Baltimore Convention Center (BCC) and has been
operated by Hilton Worldwide since August 2008. It is a 757-room
convention center hotel in downtown Baltimore's Inner Harbor area,
overlooking the Camden Yards baseball park and connected to BCC by
a pedestrian bridge. The hotel has meeting rooms, a
37,000-sqare-foot ballroom, and a 567-space, four-story parking
garage with two subterranean levels. The hotel's net revenue and
pledged city tax revenue secure the bonds. City revenue includes a
$7 million annual guarantee funded through the citywide hotel
occupancy tax revenue; a pledge of site-specific hotel occupancy
tax revenue, which will vary based on the project's occupancy; and
the tax increment payment, which is equal to the hotel's property
tax payment.
BHC has modestly outperformed S&P's forecast, aided by a
nonrecurring increase in citywide events, but RevPAR remains about
20% below pre-pandemic levels adjusted for inflation. As of Dec.
31, 2024, S&P Global Ratings-calculated DSCR expanded by 10 basis
points (bps) year on year to 1.37x. This compares favorably with
our forecast for 1.27x. A temporary increase in citywide events
contributed to the hotel's outperformance. Additionally, strong
price increases drove a 10% increase in food and beverage revenue
(which comprise about 37% of operational revenues) and contributed
to RevPAR growth ahead of our forecast. While RevPAR grew by 8.3%
in 2024 to $114.5 and has now recovered to within 4% of
pre-pandemic levels of $119.2 on a nominal basis, on an inflation
adjusted basis RevPAR remains about 20% below pre-pandemic levels.
Solid cost control has also enabled modest operating margin
expansion driving S&P Global Ratings-calculated cash flow available
for debt service (CFADS) growth of about 10% year on year to $23.5
million driving DSCR above its forecast.
S&P said, "We see slowing growth, margin contraction, and a slight
DSCR decline in 2025, and the rising risk of a recession reduces
visibility into our base-case forecast. Under our updated base-case
forecast, for 2025 we forecast flat revenue growth and an 8%
decline in CFADS due to higher labor costs causing DSCR to weaken
to 1.23x from 1.37x. This reflects our expectation for fewer
citywide events, as well as higher wages following the recent union
labor contract renegotiation, which raised pay rates for new hires
by 20% and also includes annual pay increases higher than
inflation. While key aspects of U.S. trade policy remain under
negotiation, the associated macroeconomic uncertainty will reduce
visibility for our base-case occupancy rate and revenue
assumptions. Performance during 2025 will be key to assess if the
project can be upgraded to 'BB-'. We note that prior to the onset
of the pandemic the bond was rated 'BBB-'."
BHC has nearly replenished liquidity depleted during the pandemic.
The hotel expanded its total cash balances by about 31% in 2024 to
$40.7 million year on year. S&P said, "In our view, this provides
critical financial flexibility and runway to the project to
withstand an economic recession or material deterioration in
demand, a key consideration in our analysis given the inherently
cyclical and transactional nature of hotel revenues and the rising
likelihood of a recession. This roughly constitutes full
restoration of the liquidity depleted during 2020 and 2021 when the
pandemic caused a partial shutdown for the hotel. Specifically, the
debt service reserve and operational reserve are both now fully
funded, and senior furniture, fixtures, and equipment (FF&E)
reserves have improved over 2019 levels. We understand that BHC's
liquidity has continued to improve through the first quarter
2025."
S&P said, "We think the hotel could withstand a 20% decline in
CFADS before being forced to draw on any of its liquidity accounts,
and under our downside case of about 37% CFADS decline by 2026, we
forecast the project would be able to maintain total liquidity for
over 10 years. That said, more severe downside scenarios, such as
the approximately 74% CFADS decline seen during the pandemic could
cause more immediate liquidity stress."
Total liquidity has improved toward pre-pandemic levels, but a
severe recession could deplete cash balances within the next
several years.
BHC's flexible cost structure and significant city support payments
will protect creditworthiness if demand drops. S&P said, "We view
BHC's demonstrated ability to reduce operating costs in response to
sharp revenue drawdowns as a key factor supporting our 'B+' rating.
For example, in 2020 BHC reduced its operating expenses by 64% in
response to the revenue impact of the pandemic. The project relied
on funds from its reserves before replenishing these to target. The
rating on BHC is supported by up to $7 million of annual citywide
hotel occupancy tax revenue guaranteed by the City of Baltimore,
which represents an average of about 36% of senior debt service
over the life of the debt. BHC also receives benefits from tax
increment financing and receives site-specific hotel occupancy tax
revenue but such support sources are highly correlated with local
economic conditions. We forecast total city support will equal
approximately 62% of CFADS and 85% of debt service obligations over
our forecast, which will support liquidity in the event of an
economic downturn."
Softness in citywide group activity may challenge longer-term
growth. Citywide group business is well below pre-COVID-19 levels
and S&P expects it to remain so. Specifically, in 2024 citywide
room nights booked were over 45% lower than in 2019, and S&P
expects fewer events for 2025. While the hotel has so far more than
made up the lower citywide volumes with in-house activity, it is
seeing a lower stabilized level of group business than previously,
and this could challenge longer-term ratings improvement.
The convention center is limited in space (300,000 square feet of
exhibition space and 120,000 of meeting space) and somewhat dated
compared with some competitor cities that have been expanding their
convention centers. Baltimore has completed minor renovations of
the convention center but has no near-term plan for expansion.
S&P's ratings reflect the execution risks inherent to the hotels
sales strategy designed to offset lower citywide bookings with
greater in-house bookings, especially given the current
macroeconomic backdrop of slowing GDP growth, rising unemployment
rates, and potentially higher for longer base interest rates.
The hotel benefits from an additional $18 million in restricted
cash from a recent legal settlement with its contractor. S&P said,
"The contractor allegedly installed incorrect piping, and we
forecast the cash settlement will adequately cover the cost of
piping replacement--a 12-month project expected to start in July
2025. Given the hotels somewhat low occupancy rates of about 57% we
expect the hotel will conduct the work with minimal business
impact." The cost of the repairs should not exceed the settlement
proceeds, and if the costs are less than $18 million, the hotel
could use the remaining funds for other capital projects or for
shareholder distributions.
The positive outlook reflects the potential for an upgrade within
the next 12 months if the project maintains RevPAR, with limited
operating margin declines such that it is more certain BHC will
sustain a median DSCR above 1.35x over our forecast.
S&P could revise the outlook to stable or lower the rating if BHC's
DSCRs decline and approach 1.0x for a consistent period. This could
occur if:
-- An economic downturn results in declining occupancy and RevPAR,
causing a severe and sustained reduction in CFADS forcing BHC to
materially deplete liquidity reserves;
-- Group business fails to recover over time toward pre-pandemic
levels, and the hotels efforts to offset this with in-house volumes
are unsuccessful; or
-- Labor and other cost pressures affect the hotel's operating
margin more than expected, or the upcoming piping capital works and
the next soft renovation of the hotel interrupt occupancy
significantly, and the hotel has insufficient funding for such
work.
S&P could raise the rating within the next 12 months if the hotel
performs in line with its base-case expectation such that there is
more certainty BHC can sustain a median DSCR above 1.35x over its
forecast period while maintaining ample liquidity sources. Under
this scenario, S&P would expect:
-- A more stable macroeconomic backdrop supports improved
visibility into near-term occupancy rates and revenue growth;
-- Strong labor management and operational execution such that
operating margin declines remain within our forecast for 2025; and
-- The piping replacement work will be completed with restricted
cash received from the legal settlement, without needing additional
funding from the project accounts.
BEC CAPITAL: Case Summary & 13 Unsecured Creditors
--------------------------------------------------
Debtor: BEC Capital Corp.
d/b/a Blink Fitness Lindenhurst
600 Wellwood Avenue
Lindenhurst, NY 11757
Business Description: BEC Capital Corp. operates the Blink Fitness
franchise in Lindenhurst, New York. The gym
offers affordable membership options and
personal training for all fitness levels.
Chapter 11 Petition Date: April 30, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 25-71685
Judge: Hon. Alan S Trust
Debtor's Counsel: Heath S. Berger, Esq.
BFSNG LAW GROUP, LLP
6851 Jericho Turnpike, Suite 250
Syosset, NY 11791
Total Assets: $170,262
Total Liabilities: $1,040,100
Allen Pinero signed the petition in his role as president.
A full-text copy of the petition, which includes a list of the
Debtor's 13 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/R2WSTAA/BEC_Capital_Corp__nyebke-25-71685__0001.0.pdf?mcid=tGE4TAMA
BEXIN REALTY: Court Extends Cash Collateral Access to June 2
------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of New York
issued a fifth interim order extending Bexin Realty Corporation's
authority to use its lender's cash collateral through June 2.
The fifth interim order authorized the company to use the cash
collateral of Cathay Bank to pay the expenses set forth in its
budget, with a 10% variance.
As protection, Cathay Bank will be granted replacement liens on
Bexin's assets subordinate only to certain carve-outs, including
U.S. trustee fees and clerk's filing fees.
The bank will also be granted a superpriority administrative
expense claim senior to all other administrative expense claims and
unsecured claims against the company's estate.
The company's authority to use cash collateral will terminate if
certain events occur, including a default under the order; a
conversion of the company's Chapter 11 case to one under Chapter 7;
or the appointment of a Chapter 11 trustee.
A final hearing is scheduled for June 2.
About Bexin Realty Corporation
Bexin Realty Corporation is a single asset real estate debtor (as
defined in 11 U.S.C. Section 101(51B)).
Bexin Realty filed Chapter 11 petition (Bankr. S.D.N.Y. Case No.
24-12080) on November 27, 2024, listing between $10 million and $50
million in both assets and liabilities. Bahram Benaresh, president
of Bexin Realty, signed the petition.
Judge Martin Glenn handles the case.
The Debtor is represented by Jonathan S. Pasternak, Esq., at
Davidoff Hutcher & Citron, LLP.
Cathay Bank, as lender, is represented by:
Conrad K. Chiu, Esq.
Amanda Schaefer, Esq.
Pryor Cashman LLP
7 Times Square
New York, NY 10036-6569
Telephone: (212) 421-4100
Facsimile: (212) 326-0806
cchiu@pryorcashman.com
aschaefer@pryorcashman.com
BEXIN REALTY: To Sell New York Property at Auction
--------------------------------------------------
Bexin Realty Corporation seeks permission from the U.S. Bankruptcy
Court for the Southern District of New York, to sell Assets in an
Auction, free and clear of liens, interests, and encumbrances.
The Debtor is a corporation organized and existing under the laws
of the State of New York, that was formed in 1995.
The Debtor was formed to acquire the real properties located at
24-26 and 28-30 West 125th Street, New York, NY 10027.
The Properties consist of 2 fully constructed 5 story contiguous
but separately taxable lots each consisting of mixed-use rental
buildings with each building containing 20 residential apartments
and 2 commercial stores on the ground floor.
The lienholder of the Property is Cathay Bank.
The Debtor employs Better Brokers LLC as its real estate broker to
market the Properties for refinance and Auction sale.
The Debtor determines that it is in the best interests of the
Debtor and its creditors to, absent a
timely refinance, market and sell the Properties in its current,
"as is" condition.
The Debtor believes that the value of the Properties will be
maximized, absent refinancing, by a sale of the Properties via
auction or competitive sale process with the assistance and
marketing efforts and expertise of the Broker.
To solicit, receive and evaluate bids in a fair and accessible
manner, the Debtor has developed and proposed the Bid Procedures to
govern the sale of the Properties optimally and expeditiously. The
Bid Procedures are designed to encourage all entities to put their
best bids forward and enhance the value to the Debtor's estate.
The Bid Procedures set forth the parameters for which the Debtor
will consider bids for the purchase of the Properties. The Bid
Procedures will provide that the Debtor may send all bidders a form
of Purchase and Sale Agreement, set a bid deadline; define
requirements for qualified bids; and set an auction date on or
before 120 days after entry of the Bid Procedures Order.
The Bid Procedures also provide for, at the Debtor's discretion,
the selection of one or more stalking horses as well as the
possibility that the Debtor provides for a breakup fee.
The Bid Procedures also recognize Cathay’s right to submit a
credit bid for the Properties.
About Bexin Realty Corporation
Bexin Realty Corporation is a single asset real estate debtor (as
defined in 11 U.S.C. Section 101(51B)).
Bexin Realty filed Chapter 11 petition (Bankr. S.D.N.Y. Case No.
24-12080) on November 27, 2024, listing between $10 million and $50
million in both assets and liabilities. Bahram Benaresh, president
of Bexin Realty, signed the petition.
Judge Martin Glenn handles the case.
The Debtor is represented by Jonathan S. Pasternak, Esq., at
Davidoff Hutcher & Citron, LLP.
CAMBER ENERGY: Restates 2024 Financials Over Revenue Errors
-----------------------------------------------------------
Camber Energy, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that the Board of
Directors, after discussion with management and in consultation
with the Company's independent registered public accounting firm,
concluded that the unaudited interim consolidated financial
statements for the quarterly periods ended March 31, 2024, June 30,
2024, and September 30, 2024, as included in the Company's
Quarterly Reports on Form 10-Q for the respective periods, should
no longer be relied upon due to errors in those financial
statements.
The Company determined that it incorrectly applied revenue
recognition principles in accordance with Accounting Standards
Codification Topic 606, Revenue from Contracts with Customers,
during the Restated Periods. Specifically, beginning in March 2024,
the Company's 60.5% owned subsidiary, Simson-Maxwell, incorrectly
concluded that certain contract payment milestones represented
performance obligations for which revenue could be recognized. As a
result, revenue, net loss, and certain related balance sheet items
were materially misstated in certain of the Prior Filings.
The Company intends to file amendments to the Quarterly Reports on
the Form 10-Q for the respective periods, including restated
unaudited financial statements and related disclosures, as promptly
as practicable. The Company has also considered the guidance in ASC
250-10-50, Accounting Changes and Error Corrections, and will
include appropriate disclosures regarding the nature of the
misstatements and the impact of the corrections. The restatements
to the unaudited financial statements do not impact the cash flows
of the Company.
In addition, the Company has determined that it had a material
weakness in its internal controls related to revenue recognition
during the Restated Periods. The Company has previously disclosed
in the Prior Filings the existence of material weaknesses in
internal control over financial reporting.
The Company has discussed the matters disclosed in this Item
4.02(a) with its independent registered public accounting firm,
Turner, Stone & Company, L.L.P.
About Camber Energy
Based in Houston, Texas, Camber Energy, Inc. --
http://www.camber.energy-- is a growth-oriented diversified energy
company. Through its majority-owned subsidiaries, the Company
provides custom energy and power solutions to commercial and
industrial clients in North America and has a majority interest in:
(i) an entity with intellectual property rights to a fully
developed, patented, proprietary Medical and Bio-Hazard Waste
Treatment system using Ozone Technology; and (ii) entities with the
intellectual property rights to fully developed, patented, and
patent-pending proprietary Electric Transmission and Distribution
Open Conductor Detection Systems. Additionally, the Company holds a
license to a patented clean energy and carbon-capture system with
exclusivity in Canada and for multiple locations in the United
States. Various of the Company's other subsidiaries own interests
in oil properties in the United States. The Company is also
exploring other renewable energy-related opportunities and/or
technologies, which are currently generating revenue or have a
reasonable prospect of generating revenue within a reasonable
period of time.
Dallas, Texas-based Turner, Stone & Company, L.L.P., the Company's
auditor since 2016, issued a "going concern" qualification in its
report dated March 25, 2024, 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.
The Company has yet to file its Annual Report on Form 10-K for the
fiscal year ended December 31, 2024.
CANNABITION LLC: Case Summary & Two Unsecured Creditors
-------------------------------------------------------
Debtor: Cannabition LLC
2548 W. Desert Inn Road, Suite 100
Las Vegas, NV 89109
Business Description: Cannabition LLC is an immersive cannabis
museum located at 2548 W Desert Inn Rd,
Suite 100, Las Vegas, NV 89109. The venue
offers interactive exhibits and vibrant
installations that explore cannabis culture.
Cannabition is designed by Emmy Award-
winning creative director David Korins and
is part of the Planet 13 Entertainment
Complex.
Chapter 11 Petition Date: April 29, 2025
Court: United States Bankruptcy Court
District of Nevada
Case No.: 25-12424
Debtor's Counsel: Candace C. Carlyon, Esq.
CARLYON CICA CHTDA.
265 E. Warm Springs Road, Suite 107
Las Vegas, NV 89119
Tel: 702-685-4444
E-mail: ccarlyon@carlyoncica.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Andrew Laub as manager.
A copy of the Debtor's list of two unsecured creditors is available
for free on PacerMonitor at:
https://www.pacermonitor.com/view/INT2UEI/CANNABITION_LLC__nvbke-25-12424__0002.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/ICP4M4Y/CANNABITION_LLC__nvbke-25-12424__0001.0.pdf?mcid=tGE4TAMA
CAROLINA'S CONTRACTING: Seeks Ch. 11 Bankruptcy in North Carolina
-----------------------------------------------------------------
On April 28, 2025, Carolina's Contracting LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Middle District of
North Carolina. According to court filing, the
Debtor reports $25,942,522 in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About Carolina's Contracting LLC
Carolina's Contracting LLC is a licensed general contractor based
in Davidson, North Carolina, specializing in land development and
grading services. Established in 2013, Company offers a range of
services including grading, storm drainage, sanitary sewer,
waterline installation, culverts, and stone base work.
Carolina's Contracting LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. N.C. Case No. 25-50284)
on April 28, 2025. In its petition, the Debtor reports total
assets of $31,405,291 and total liabilities of $25,942,522.
The Debtor is represented by Dirk W. Siegmund, Esq. at IVEY,
MCCLELLAN, SIEGMUND, BRUMBAUGH & McDONOUGH, LLP.
CBDMD INC: Automatic Conversion of Series A PreferredShares OK'd
----------------------------------------------------------------
cbdMD, Inc. announced that at the Company's annual meeting of
shareholders, its Common stockholders and 8% Series A Cumulative
Convertible Preferred stockholders approved the automatic
conversion of shares of the Company's Preferred Stock into shares
of the Company's Common Stock. The Company intends to set a
mandatory exchange date for the Preferred Stock in the near future.
The automatic conversion will provide for the conversion of each
share of Preferred Stock into thirteen shares of Common Stock,
inclusive of all accumulated and unpaid dividends, on the Mandatory
Exchange Date. Dividends on converted shares will cease to accrue
on the Mandatory Exchange Date, and the Preferred Stock will cease
trading on the Mandatory Exchange Date.
"We are excited to announce this conversion, which is expected to
eliminate approximately $6.7 million in accrued dividend payments
as of March 31, 2025 and $4 million in annual dividend obligations.
This will allow us to reinvest this capital into our growth
initiatives," said Ronan Kennedy, Chief Executive Officer and Chief
Financial Officer of cbdMD. "Additionally, this conversion will
enhance our capital structure and provide us with the flexibility
needed to continue delivering value to our shareholders. We believe
that this conversion removes a large impediment to more strategic
activity along with M&A and will strengthen our balance sheet,
meeting our shareholders' equity requirements for the continued
listing of our Common Stock on the NYSE American."
At the annual meeting, the Company's shareholders also:
(1) elected seven directors for a term expiring at the 2026
annual meeting of shareholders,
(2) the ratified the appointment of Cherry Bekaert LLP as the
Company's independent registered public accounting firm, and
(3) approved an amendment to the Company's articles of
incorporation at the discretion of the board, to effect a reverse
stock split of the Company's common stock, at a specific ratio,
ranging from one-for-three to one-for-ten, at any time prior to the
one-year anniversary date of the annual meeting.
About cbdMD, Inc.
Headquartered in Charlotte, NC, cbdMD, Inc. -- www.cbdmd.com --
owns and operates the nationally recognized CBD (cannabidiol)
brands cbdMD, Paw CBD, and cbdMD Botanicals. Its mission is to
enhance its customers' overall quality of life while bringing CBD
education, awareness, and accessibility of high-quality and
effective products to all. The Company sources cannabinoids,
including CBD, which are extracted from non-GMO hemp grown on farms
in the United States.
Charlotte, North Carolina-based Cherry Bekaert LLP, the Company's
auditor since 2016, issued a "going concern" qualification in its
report dated Dec. 18, 2024, citing that the Company has
historically incurred losses, including a net loss of approximately
$3.7 million in the current year, resulting in an accumulated
deficit of approximately $182 million as of September 30, 2024.
These conditions raise substantial doubt about the Company's
ability to continue as a going concern.
CLEAN ENERGY: Secures $310,500 in Funding From Pacific Pier
-----------------------------------------------------------
Clean Energy Technologies, Inc. disclosed in a Form 8-K Report
filed with the U.S. Securities and Exchange Commission that the
Company entered into a securities purchase agreement with Pacific
Pier Capital II, LLC, a Delaware limited liability company,
pursuant to which the Company sold, and Pacific Pier purchased:
(i) a convertible promissory note in the principal amount of
$345,000, and
(ii) 45,000 shares of Company common stock, for an aggregate
purchase price of $310,500.00.
The Transaction was funded by Pacific Pier and closed on April 7,
2025, and on or about April 7, 2025, pursuant to the SPA, Pacific
Pier's legal expenses of $10,000 were paid from the gross purchase
price, the Company receiving net funding of $300,500, and the Note
and Shares were issued to Pacific Pier.
The SPA includes customary representations, warranties and
covenants by the Company and customary closing conditions. The SPA
requires that the proceeds from the Transaction be used for
business development and the payment of amounts owed to service
providers of the Company, but not for repayment of indebtedness
owed to officers, directors or employees of the Company or their
affiliates, the repayment of any debt issued in corporate finance
transactions, any loan to or investment in any other corporation,
partnership, enterprise or other person (except in connection with
the Company's currently existing operations), or any loan, credit,
or advance to any officers, directors, employees, or affiliates of
the Company. The SPA also:
(i) requires the Company to satisfy the shareholder approval
requirements of Nasdaq Listing Rule 5635,
(ii) prohibits the issuance of more than 1,250,000 shares of
Company common stock to Pacific Pier in the aggregate until
shareholder approval has been received to issue shares in excess of
the Exchange Cap and such approval has become effective pursuant to
the rules promulgated under the Securities Exchange Act of 1934, as
amended, and
(iii) requires the Company to (a) file a preliminary information
statement on Schedule 14C in connection with the issuance of shares
in excess of Exchange Cap under the Transaction with the U.S.
Securities and Exchange Commission (the "SEC") and (b) file a
definitive information statement as soon as permissible.
The Note matures 12 months following the issue date, accrues
interest of 10% per annum, and is convertible into shares of the
Company's common stock at the election of the holder, at or
following six months after the issue date, at a conversion price
equal to 90% of the lowest daily volume-weighted average price
(during regular trading hours) on any trading day during the 5
trading days prior to the conversion date; provided, however, that
the holder may not convert the Note to the extent that such
conversion would result in the holder's beneficial ownership of the
Company's common stock being in excess of 4.99% of the Company's
issued and outstanding common stock. Additionally, the holder of
the Note is entitled to deduct $1,750 from the conversion amount
(or $500 if the conversion amount is $25,000 or less) in each note
conversion to cover the holder's fees associated with the
conversion.
About Clean Energy
Headquartered in Irvine, California, Clean Energy Technologies,
Inc. -- http://www.cetyinc.com-- develops renewable energy
products and solutions and establishes partnerships in renewable
energy that make environmental and economic sense. The Company's
mission is to be a segment leader in the Zero Emission Revolution
by offering eco-friendly energy solutions, clean energy fuels, and
alternative electric power for small and mid-sized projects in
North America, Europe, and Asia. The Company targets sustainable
energy solutions that are profitable for it, profitable for its
customers, and represent the future of global energy production.
Diamond Bar, California-based TAAD, LLP, the Company's auditor
since 2023, issued a "going concern" qualification in its report
dated April 14, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended Dec. 31, 2024, citing that the Company
has an accumulated deficit and negative cash flows from operations.
These factors, among others, raise substantial doubt about the
Company's ability to continue as a going concern.
For the fiscal year ending Dec. 31, 2024, the Company reported a
net loss of $4,416,319 compared to a net loss of $5,782,666 for the
year 2023. The Company had a total stockholder's equity of
$2,938,502 and a deficit working capital of $3,240,008 and an
accumulated deficit of $27,443,231 as of Dec. 31, 2024.
COMMUNITY HEALTH: S&P Downgrades ICR to 'SD' on Debt Repurchase
---------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Community
Health Systems Inc. to 'SD' (selective default) from 'CCC+'. S&P
also lowered its issue-level rating on the senior notes to 'D' from
'CCC-'.
S&P's issue-level ratings on other obligations are unchanged.
S&P expects to raise the rating back to 'CCC+' from 'SD' and assign
a negative outlook over the next few business days.
S&P said, "The downgrade reflects Community Health's latest below
par debt repurchases. This is the fourth time we have lowered the
rating to 'SD' within three years. Over the coming days, we plan to
raise our issuer credit rating on the company to 'CCC+', and if any
amount remains outstanding post the tender, we plan to raise our
issue-level rating to 'CCC-' on the affected debt. The transaction
is credit positive as it results in modestly reducing outstanding
debt.
"Community Health recently announced it entered into a definitive
agreement to sell its 80% ownership in Cedar Park Regional Medical
Center in Cedar Park, Texas, to minority partner Ascension Health
for $460 million. We expect this to close in the second quarter or
early third quarter of 2025. The company may also pursue a
potential additional divestiture later in the year. We assume
divestiture proceeds would fund deleveraging.
"We believe the company's operating performance has been steadily
improving over the past couple of years. Although EBITDA margins
remain under slight pressure due to higher medical specialist fees
and acuity mix, the company has benefited from volume increases,
lower utilization of more expensive contract labor, and moderating
inflationary pressure. Free cash flow has also improved, though
hampered somewhat by delays in the receipt of state supplemental
program payments.
"Still, we continue to monitor the long-term sustainability of
Community Health's capital structure, which remains highly
leveraged, and the potential risk of further distressed exchange
transactions."
COMMUNITY LEADERSHIP: S&P Affirms 'BB+' Rating on Revenue Bonds
---------------------------------------------------------------
S&P Global Ratings revised its outlook to stable from negative and
affirmed its 'BB+' long-term rating on the Colorado Educational &
Cultural Facilities Authority's series 2008 and series 2013 charter
school revenue bonds, issued for Community Leadership Academy
Building Corp. and Community Leadership Building Corp. II,
respectively, on behalf of Community Leadership Academy (CLA).
The revised outlook reflects S&P's opinion that CLA's operating
margin has improved in fiscal 2024 and will remain generally
balanced in the near term, maintaining the school's lease-adjusted
maximum annual debt service (MADS) coverage above 1.0x and its
liquidity position.
S&P analyzed the school's environmental, social, and governance
(ESG) factors and consider them neutral in its credit rating
analysis.
S&P said, "The stable outlook reflects our opinion that CLA will
maintain at least balanced operating margins in the near term,
maintaining the school's lease-adjusted MADS coverage above 1.0x
and its liquidity position.
"While not expected, we could lower the rating if the school's
financial performance weakens materially, negatively affecting its
liquidity position and lease adjusted MADS coverage such that they
fall to levels no longer comparable with those of peers.
"Beyond the outlook period, we could raise the rating if the
management team is able to stabilize enrollment while sustaining a
positive operating margin, supporting MADs coverage and liquidity
at levels comparable with those of higher-rated peers."
CONAIR HOLDINGS: Moody's Cuts CFR to Caa1 & Alters Outlook to Neg.
------------------------------------------------------------------
Moody's Ratings downgraded Conair Holdings LLC's ("Conair")
Corporate Family Rating to Caa1 from B3, Probability of Default
Rating to Caa1-PD from B3-PD, and the senior secured debt rating to
Caa1 from B3. The rating outlook is negative and was previously
stable.
The downgrade and negative outlook reflect the significant pressure
to earnings and cash flow because of very high tariffs imposed on
goods sourced from China and smaller ones on goods from other
countries. Conair is taking strategic actions to reorientate its
supply chain including accelerating diversification of its supply
chain, reducing costs, pursuing incremental customer volume and
raising prices. Conair has previously proven itself a strong
operator with an ability to navigate supply chain dislocations.
However, the complexity involved in relocating a large portion of
its supply chain carries particularly high execution risks to
effectively replicate the cost and consistent volume and product
quality that Conair currently achieves. Operational risk is thus
elevated with a combination of speed and good execution necessary
to cost-effectively relocate supply in sufficient volume to support
the existing revenue base. Operational challenges will reduce
Conair's profitability meaningfully in 2025 during the transition
period and significant improvement from the 2025 level will be
necessary to generate free cash flow and maintain adequate
liquidity.
The operational challenges are occurring at a time when Conair's
revenue and earnings are already under pressure from soft consumer
demand. Rapidly shifting its supply chain will not be easy. Moody's
expects that the competition for manufacturing capacity in
countries outside of China will be very high as other companies
also seek to reorient supply chains. The transition will require
considerable investment by Conair and others in factors such as
local infrastructure, material goods flow and labor to support the
shift in production. Moody's also expects consumers to economize
spending and reduce purchases as companies, including Conair, raise
prices to mitigate cost increases. Other concerns include a risk to
product quality and a decline in gross profit margins due to higher
labor or less efficient production.
The current tariff environment remains fluid and there is potential
for adjustments to current tariff rates. Still, Moody's believes
that Conair will face higher tariffs than existed when entering
2025 and uncertainty about tariffs will restrain business and
consumer spending. As tariffs stand, Moody's expects Conair's
debt-to-EBITDA (incorporating Moody's adjustments) will increase
above 11.0x for the year ending December 2025 from 7.7x for the 12
months ended December 2024. Good execution of the supply chain and
commercialization strategies could lead to leverage returning over
a multi-year period to the still elevated 2024 level.
Conair's liquidity is sufficient to pay its cash obligations over
the next 12 months, but the upcoming expiration of the asset backed
lending facility ("ABL") in May 2026 leads to weak current
liquidity. Moody's expects the company to generate good free cash
flow in 2025 due to a pullback in new inventory purchases in the
first half of 2025 while reorienting the supply chain that will not
be fully unwound by the end of the year. The working capital inflow
is a temporary and an unsustainable lift because restoring normal
inventory purchases will be critical to supporting the current
revenue base. Free cash flow will likely turn highly negative in
2026 due to a restoration of more normalized inventory purchases
with potential risks from lower sales and weak consumer demand.
Liquidity is supported by cash and available capacity on the $500
million ABL as of December 2024, which would help manage through
the free cash flow deficit in 2026 that Moody's expects for Conair.
Moody's assumes in the CFR that Conair will be able to extend the
facility, but liquidity will deteriorate meaningfully if the
company does not proactively address the maturity.
RATINGS RATIONALE
Conair's Caa1 CFR reflects expected deterioration in earnings and
operational and execution risk due to the company's decision to
diversify its supply chain to minimize the effect of higher tariffs
on US imports. The CFR also reflects Conair's very high leverage,
weak free cash flow and exposure to cyclical demand for durable
consumer goods that was already under some pressure prior to the
tariffs, as well as other governance risks stemming from
concentrated decision making under private equity ownership and an
aggressive financial policy. Conair has historically sourced a
significant portion of its goods into the US from China. The new
tariffs on Chinese imports are prompting Conair to reorganize its
supply chain into other countries. Conair's revenue and earnings
may drop materially in 2025 as it pursues the supply chain shift,
and the company will need to quickly and efficiently move
production to restore revenue and earnings to current levels within
a few years. Conair is also taking other steps such as cost
reductions, pursuing new business and price increases to recover
from the volume and earnings decline in 2025. Nevertheless, Moody's
sees Conair's debt-to-EBITDA (incorporating Moody's adjustments)
increasing above 11.0x by year-end 2025 from 7.7x as of December
2024. Conair's portfolio of products is exposed to declines in
consumer spending because purchases are periodic and can be
deferred in times of stress. The company's diverse mix of personal
care and culinary products and the importance to consumer
lifestyles provides a partial mitigant to the cyclical risk.
Conair benefits from very strong brand recognition and consumer
appeal, good innovation, solid scale, and good distribution
including strong relationships with leading brick-and-mortar and
e-commerce retailers. The CFR also considers actions taken by
private equity sponsor American Securities to bolster the company's
liquidity position in 2022 including extending an incremental
lending facility that expired unused in December 2022. The company
also improved balance sheet cash through the mortgaging and
sale-leaseback of various distribution facilities. Moody's
anticipates continued support from American Securities and for the
company to utilize additional levers as needed to backstop its
liquidity.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The negative outlook reflects the potential that additional
weakening of demand or disruptions related to shifting product
sourcing could more severely impair profitability and cash flow
generation than expected and could further increase leverage and
weaken operating cash flow and liquidity.
The ratings could be upgraded if Conair demonstrates good and
cost-effective execution of the supply chain reorientation that
leads to a strong recovery of revenue and earnings from the weaker
levels anticipated in 2025. An upgrade would also require Conair to
maintain EBITDA less capital spending to interest expense above
1.5x and demonstrated ability to generate positive free cash flow
with adequate liquidity.
The ratings could be downgraded if Conair is unable to stabilize
its operating results due to weaker economic conditions,
disruptions related to the supply chain reorientation, volume or
market share losses or higher operating costs. The rating could
also be downgraded if liquidity deteriorates, the company is unable
to sustain positive free cash flow or the probability of a default
including a distressed exchange increase.
The principal methodology used in these ratings was Consumer
Durables published in September 2021.
Conair Holdings LLC is a designer, manufacturer and marketer of
branded personal care appliances, small kitchen appliances and
cookware, commercial foodservice equipment, professional hair care
and beauty products, hairbrushes and haircare accessories, cosmetic
and organizer bags and travel accessories. The company's leading
brands include Cuisinart, Conair, Scunci, Babyliss, and Waring.
Conair generated annual revenue of approximately $2.1 billion for
the 12 months ended December 31, 2024. Following a leveraged buyout
in May 2021, the company is majority owned by private equity firm,
American Securities LLC.
DAVID KIMMEL: Frances Smith Named Subchapter V Trustee
------------------------------------------------------
The U.S. Trustee for Region 6 appointed Frances Smith, Esq., at
Ross, Smith & Binford, PC, as Subchapter V trustee for David Kimmel
Design, LLC.
Ms. Smith will be paid an hourly fee of $475 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Smith declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Frances A. Smith, Esq.
Ross, Smith & Binford, PC
700 N. Pearl Street, Ste. 1610
Dallas, TX 75201
Phone: 214-593-4976
Fax: 214-377-9409
Email: frances.smith@rsbfirm.com
About David Kimmel Design
Established in December 2012, David Kimmel Design LLC is a luxury
floral design company specializing in creating custom, high-end
floral arrangements for exclusive events, known for its elegance
and innovation. With a global reach, David Kimmel Design has
completed significant projects in countries like France, Italy,
Germany, and Belgium. It excels in delivering personalized,
breathtaking floral designs that reflect the unique visions of its
clients.
David Kimmel Design sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. N.D. Texas Case No. 25-30979)
on March 21, 2025. In its petition, the Debtor reported assts
between $50,000 and $100,000 and liabilities between $1 million and
$10 million.
The Debtor is represented by Brandon Tittle, Esq., at Tittle Law
Group, PLLC.
DECKER HOME: Unsecured Creditors Will Get 10% of Claims in Plan
---------------------------------------------------------------
Decker Home Repairs, LLC, filed with the U.S. Bankruptcy Court for
the District of South Carolina a Disclosure Statement describing
Plan of Reorganization dated March 28, 2025.
The Debtor is owned and operated by Jamie Decker. The business is
located at 1359 Camp Creek Road, Taylors, South Carolina, 29687,
near Mr. Decker's home.
All payments proposed under the Debtor's Chapter 11 Plan will
commence on the effective date of the plan, which is the 15th day
after the Court enters its order confirming the plan.
Class 6 consists of General Unsecured Creditors. The "hypothetical
liquidation analysis" reflects that in a chapter 7 liquidation of
assets, the general unsecured creditors would receive nothing.
Nonetheless, the Debtor is proposing to pay that class of creditors
10% payout on a pro rata basis over a period of years. Most will be
paid over a 60-month period. However, others will be paid in a
different number of years, based on the size of the debt.
* American Express filed a proof of claim in the amount of
$15,160.14. The Debtor will provide a 10% payout to unsecured
creditors. For this creditor, this equates to a total of $1,516.01
with payments of $25.27 per month without interest for 60 months.
* American Express filed a proof of claim in the amount of
$59,442.56. The Debtor will provide a 10% payout to unsecured
creditors. For this creditor, this equates to a total payout of
$5,944.26 with payments of $99.07 per month without interest for 60
months.
* American Express filed a proof of claim in the amount of
$56,557.06. The Debtor will provide a 10% payout to unsecured
creditors. For this creditor, this equates to a total payout of
$5,655.71 with payments of $94.26 per month without interest for 60
months.
* American Express filed a proof of claim in the amount of
$1,668.65. The Debtor will provide a 10% payout to unsecured
creditors. For this creditor. this equates to a total payout of
$166.87 with payments of $6.95 per month without interest over 24
months.
* Elmore Goldsmith Kelley & Deholl, PA did not file a proof of
claim in this matter. However, the Debtor scheduled a debt in the
amount of $12,321.00. The Debtor will provide a 10% payout to
unsecured creditors. For this creditor, this equates to $1,232.10
with payments of $20.54 per month without interest for 60 months.
* Forward Financing did not file a proof of claim in this
matter. However, the Debtor scheduled a debt in the amount of
$32,000.00. The Debtor will provide a 10% payout to unsecured
creditors. For this creditor, this equates to $3,200.00 with
payments of $53.33 per month without interest over 60 months.
* Home Depot did not file a proof of claim in this matter.
However, the Debtor scheduled a debt in the amount of $36,000. The
Debtor will provide a 10% payout to unsecured creditors. For this
creditor, this equates to $3,600.00 with payments of $60.00 per
month without interest for 60 months.
* Kapitus did not file a proof of claim in this matter.
However, the Debtor scheduled a debt in the amount of $125,000.00.
The Debtor will provide a 10% payout to unsecured creditors. For
this creditor, this equates to $12,500.00 with payments of $208.33
per month without interest for 60 months.
* Kapytal did not file a claim in this matter. However, the
Debtor scheduled a debt in the amount of $50,000.00. The Debtor
will provide a 10% payout to unsecured creditors. For this
creditor, this equates to $5,000.00 with payments of $83.33 per
month without interest for 60 months.
* Lamar did not file a claim in this matter. However, the
Debtor scheduled a debt in the amount of $5,000. The Debtor will
provide a 10% payout to unsecured creditors. For this creditor,
this equates to $500.00 with payments of $13.89 per month without
interest for 36 months.
* Montgomery did not file a claim in this matter. However, the
Debtor scheduled a debt in the amount of $5,000. The Debtor will
provide a 10% payout to unsecured creditors. For this creditor,
this equates to $500.00 with payments of $13.89 per month without
interest for 36 months.
* Lowes did not file a proof of claim in this matter. However,
the Debtor scheduled a debt in the amount of $7,200.00. The Debtor
will provide a 10% payout to unsecured creditors. For this
creditor, this equates to $720.00 with payments of $12.00 per month
without interest for 60 months.
* Northeast Bank did not file a claim in this matter. However,
the Debtor scheduled a debt in the amount of $65,000. The Debtor
will provide a 10% payout to unsecured creditors. For this
creditor, this equates to $6,500.00 with payments of $108.33 per
month without interest for 60 months.
* Readycap Lending file a proof of claim in this matter in the
amount of $49,644.76. The Debtor will provide a 10% payout to
unsecured creditors. For this creditor, this equates to $4,964.48
with payments of $82.74 per month without interest.
* Parkview Advance did not file a proof of claim in this
matter. However, the Debtor scheduled a debt in the amount of
$22,000.00. The Debtor will provide a 10% payout to unsecured
creditors. For this creditor, this equates to $2,200.00 with
payments of $36.67 per month without interest.
* Paypal Credit did not file a proof of claim in this matter.
However, the Debtor scheduled a debt in the amount of $8,800.00.
The Debtor will provide a 10% payout to unsecured creditors. For
this creditor, this equates to $880.00 with payments of $14.67 per
month without interest.
* Paypal Credit did not file a proof of claim in this matter.
However, the Debtor scheduled a debt in the amount of $6,000.00.
The Debtor will provide a 10% payout to unsecured creditors. For
this creditor. This equates to $600.00 with payments of $16.67 per
month without interest for 36 months.
* SBA (EIDL) did not file a proof of claim in this matter.
However, the Debtor scheduled a debt in the amount of $381,000.00
of which $205,200.00 as calculated in Class 3 equals a general
unsecured amount. The Debtor will provide a 10% payout to unsecured
creditors. For this creditor. This equates to $20,500.00 with
payments of $341.61 per month without interest for 60 months.
In the instant case, the Debtor's schedules filed with the
Bankruptcy Court reveal that its assets total approximately
$231,120.00 and that its liabilities approximate $985,376.00. The
Debtor operated upon real property owned by its sole principal,
Jamie Decker, and Decker does not require the Debtor to pay lease
payments each month.
A full-text copy of the Disclosure Statement dated March 28, 2025
is available at https://urlcurt.com/u?l=b3jk5u from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Robert H. Cooper, Esq.
The Cooper Law Firm
1610 Gowdeysville Road
Gaffney, SC 29340
Telephone: (864) 271-9911
Email: rhcooper@thecooperlawfirm.com
About Decker Home Repairs
Decker Home Repairs, LLC, filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. D.S.C. Case No.
24-03581) on Oct. 3, 2024. In the petition signed by Jamie E.
Decker, sole/managing member, the Debtor disclosed up to $1 million
in assets and up to $10 million in liabilities.
Judge Helen E. Burris oversees the case.
The Cooper Law Firm is the Debtor's counsel.
DISCOVERY PURCHASER: Moody's Affirms 'B3' CFR, Outlook Stable
-------------------------------------------------------------
Moody's Ratings has affirmed Discovery Purchaser Corporation's (dba
Envu) B3 Corporate Family Rating, B3-PD Probability of Default
Rating, B3 rating on the company's senior secured first lien bank
credit facility including a $1.8 billion term loan and $225 million
revolving credit facility, and Caa2 rating on the $300 million
senior secured second lien term loan. The outlook is stable.
RATINGS RATIONALE
Envu's B3 rating is constrained by its high debt leverage, bolt-on
acquisitions and competition with other large and better
capitalized companies in pest and weeds control chemicals business.
Moody's expects the company's adjusted debt/EBITDA without
considering management addbacks will be close to 7.0x in the next
12-18 months. Management addbacks include earnings improvement
through price increases, operational cost savings, sales and cost
synergies following recent acquisitions. These measures have the
potential to improve earnings and lower leverage below 7.0x, but
the uncertain trade policy and macroeconomic conditions pose
challenges to earnings growth in the near term.
Envu improved its operating performance in 2024 thanks to strong
performance in Pest Management in EMEA and Asia, as well as
moderate growth in Vegetation, Range and Pasture in the Americas.
Many of the company's products are regularly applied to contain the
spreading of weeds and the outbreak of mosquitos and pests, making
it more resilient than crop protection products. In 2024, the
company's reported EBITDA grew by 13% in 2024, better than most of
the pesticides and herbicides producers. The incremental debt
issuance and factoring program in late 2024, alongside its improved
earnings, helped boost its operating cash flow and safeguard its
liquidity profile. Moody's expects management will focus on
business integration and earnings growth after the completion of
three bolt-on acquisitions in recent months.
High financial leverage and bolt-on acquisitions will continue to
constrain its credit profile. They also limit the company's
financial flexibility versus other large and better capitalized
companies, when it comes to funding long-term projects as part of
the product life cycle management to meet new regulations and
customer demands. While the acquired businesses including FMC's
Global Specialty Solutions are highly complementary, they were
mainly funded by existing cash and incremental debt issuance. This
will keep debt leverage high in the foreseeable future. Envu is
gradually increasing the sourcing of active ingredients from third
parties to achieve cost savings and reduce its dependency on its
former owner, Bayer. The separation from Bayer exposes Envu
increasingly to input price volatility, supply chain risks and
business competitions.
Envu's credit profile is supported by its high profitability, low
capital intensity and expected free cash flow generation that will
allow deleveraging over time. The pro-forma EBITDA margin of close
to 30% is underpinned by a broad portfolio of formulated and
registered products with trusted brand names and leading market
shares in non-agricultural applications. Envu has expertise in
product registration in various jurisdictions and a track record of
replacing legacy products with alternatives to meet customer needs
and regulations. The procurement of active ingredients from
external parties, outsourcing of product filling, packaging and
distribution lead to low capital intensity. Despite broadly
observed destocking, Envu's operating performance was resilient in
2023 as shown by the year on year growth over its 2022 pro forma
sales and earnings. Moody's credit assessments also takes into
account the company's exposure to relatively stable
non-agrochemical applications and the recurring demand from turf,
vector and vegetation management.
Envu's liquidity is adequate thanks to its $106 million cash on
hand at the end of December 2024. At the same time, it had $189
million availability under its $225 million revolving credit
facility and $11 million availability under its $150 million ABL
facility. Working capital requirement is highest in May and lowest
after receivables collection in July. The revolver has a springing
First Lien Leverage ratio test of not exceeding 9.85x, which will
only be tested if more than 40% of the revolver net of cash on hand
is drawn. The ABL agreement contains a springing covenant requiring
the fixed charge coverage ratio to be no less than 1.0x, which will
be tested if excess availability is less than 10% of the aggregate
borrowing base. Moody's expects the company to comply with these
covenants.
The stable outlook presumes the company will improve earnings and
cash flows, and continue to reduce its debt leverage towards below
7.0x in the next one to two years.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Positive rating pressure could emerge, if the company substantially
reduces its debt leverage to below 6.0x by improving earnings and
generating free cash flows. A track record of developing and
commercializing new formulations to manage product rotation and
sustain its strong profit margins is also needed for an upgrade to
be considered.
Negative rating pressure could develop if operating performance is
weaker than expected, or debt leverage fails to improve towards
below 7.0x. A significant decline in profitability, weak cash flow
generation or reduction in liquidity could also result in a
downgrade.
Envu, headquartered in Cary, North Carolina, specializes in
developing formulated products to control pests, diseases and weeds
in non-agricultural areas such as turf and ornamentals, pest
management, vector control and vegetation management. Envu operated
as Environmental Science Professional business under Bayer, before
it was sold to Cinven, a private equity firm, for $2.6 billion in
October 2022. The company generated about $900 million in sales in
2024.
Envu's credit impact score of CIS-4 indicates its rating could have
been higher without the consideration of environmental, social and
governance factors. This is mainly driven by governance risks
including highly leveraged capital structure under private equity
ownership, limited track record as a standalone entity, operational
adjustments after its spin-off from Bayer. Environmental and social
risks are also high. Although the company focuses on product
formulation and registration and has outsourced AI production to
third parties, the toxicity of many chemical AIs in its formulated
products applied on golf course, public spaces, lawn and garden can
negatively affect the environment, human or animal health. The
company has a track record of phasing out products that are
detriment to the environment, developing and commercializing
alternative products.
The principal methodology used in these ratings was Chemicals
published in October 2023.
EKSO BIONICS: Files S-3 for Resale of 10.5M Shares by Armistice
---------------------------------------------------------------
Ekso Bionics Holdings, Inc. filed a prospectus on Form S-3 with the
U.S. Securities and Exchange Commission relating to the resale from
time to time by Armistice Capital, LLC, a selling stockholder, of
up to 10,500,000 shares of common stock, par value $0.001 per
share, of the Company, issuable upon exercise of a common stock
purchase warrant.
The Inducement Warrant was issued pursuant to that certain warrant
inducement agreement, dated as of March 17, 2025, by and between
the Company and the Holder. Ekso Bionics is registering the resale
of the Covered Shares on behalf of the Holder, to be offered and
sold from time to time, to satisfy certain registration rights that
we have granted to the Holder pursuant to the Warrant Inducement
Agreement.
The Holder may resell or dispose of the Covered Shares to or
through broker-dealers, agents, or through any other means. The
Holder will bear the costs of commissions and discounts, if any,
attributable to the sale or disposition of the Covered Shares. Ekso
Bionics will bear all costs, expenses and fees in connection with
the registration of the Covered Shares, and will not receive any of
the proceeds from the sale of the Covered Shares by the Holder.
Ekso Bionics' Common Stock is listed on the Nasdaq Capital Market
under the symbol "EKSO." On April 9, 2025, the last reported sale
price of Common Stock on the Nasdaq Capital Market was $0.3780 per
share.
A full-text copy of the SEC Report is available at
https://tinyurl.com/2fs5w476
About Ekso Bionics Holdings
San Rafael, Calif.-based Ekso Bionics Holdings, Inc. designs,
develops, and markets exoskeleton products to augment human
strength, endurance, and mobility.
As of Dec. 31, 2024, Ekso had $26.7 million in total assets, $13.9
million in total liabilities, and $12.7 million in total
stockholders' equity.
San Francisco, Calif.-based WithumSmith+Brown PC, the Company's
auditor since 2010, issued a 'going concern' qualification in its
report dated March 3, 2025, citing that the Company has an
accumulated deficit on December 31, 2024 and, since inception, has
suffered significant operating losses and negative cash flows from
operations. The Company expects to generate operating losses and
negative operating cash flows in the future and will require
additional funding to support the Company's planned operations
which raises substantial doubt about its ability to continue as a
going concern.
ELETSON HOLDING: Investor Contests Legality of $5K Daily Court Fine
-------------------------------------------------------------------
Alex Wittenberg of Law360 Bankruptcy Authority reports that on
April 30, 2025, a former shareholder of Greek shipping company
Eletson Holdings asked a New York bankruptcy judge to overturn an
order imposing a $5,000 daily fine for allegedly interfering with a
Chapter 11 reorganization plan approved by the court in late 2024.
About Eletson Holdings
Eletson Holdings Inc. is a family-owned international shipping
company, which touts itself as having a global presence with
headquarters in Piraeus, Greece as well as offices in Stamford,
Connecticut, and London.
At one time, Eletson claimed to own and operate one of the world's
largest fleets of medium and long-range product tankers and boasted
a fleet consisting of 17 double hull tankers with a combined
capacity of 1,366,497 dwt, 5 LPG/NH3 carriers with a combined
capacity of 174,730 cbm and 9 LEG carriers with capacity of 108,000
cbm.
Eletson Holdings, a Liberian company, is Eletson's ultimate parent
company and is the direct parent and owner of 100% of the equity
interests in the two other debtors, Eletson Finance (US) LLC, and
Agathonissos Finance LLC.
Eletson and its two affiliates were subject to involuntary Chapter
7 bankruptcy petitions (Bankr. S.D.N.Y. Case No. 23-10322) filed on
March 7, 2023 by creditors Pach Shemen LLC, VR Global Partners,L.P.
and Alpine Partners (BVI), L.P. The petitioning creditors are
represented by Kyle J. Ortiz, Esq., at Togut, Segal & Segal, LLP.
On Sept. 25, 2023, the Chapter 7 cases were converted to Chapter 11
cases.
The Honorable John P. Mastando, III is the case judge.
Derek J. Baker, Esq., represents the Debtors as bankruptcy
counsel.
The U.S. Trustee for Region 2 appointed an official committee of
unsecured creditors. The committee tapped Dechert, LLP as its legal
counsel.
ENCINO ACQUISITION: Fitch Affirms 'B' LongTerm IDR, Outlook Stable
------------------------------------------------------------------
Fitch Ratings has affirmed Encino Acquisition Partners Holdings,
LLC's and Encino Acquisition Partners, LLC's (together, Encino)
Long-Term Issuer Default Ratings (IDRs) at 'B'. The Rating Outlook
is Stable. Fitch has also affirmed Encino's senior unsecured notes
at 'B' with a Recovery Rating of 'RR4'.
Encino Acquisition Partners Holdings, LLC's IDR reflects its
sizable position in the Utica Basin, competitive unit economics,
and its ability to effectively transport gas out of the basin to
advantaged price points. The rating also reflects the company's
long-dated debt maturity, with leverage expected to remain below
2.0x through Fitch's forecast period, and its adequate liquidity
and strong hedge profile. These strengths are offset by the
company's current inability to generate significant positive FCF
and its relatively high firm transportation (FT) costs.
Key Rating Drivers
Nearing FCF Neutrality: Fitch anticipates a shift toward
emphasizing FCF generation in 2025, following several years of
investing to increase oil production. The company is expected to be
FCF neutral to positive in 2025 and 2026 under Fitch's price deck
assumptions. In the near term, Encino will continue to prioritize
oil production over natural gas and NGLs due to relatively strong
economic returns. Fitch projects capex to be approximately $1.1
billion in 2025, decreasing to $900 million in the later years of
the forecast period. Any FCF generated is expected to be applied
towards debt reduction.
High FT Costs: Encino's FT costs rank among the highest of Fitch's
monitored natural gas producers. Encino inherited these long-dated
FT agreements for natural gas takeaway, which causes significant
exposure at low pricing. However, these high FT contracts offer
Encino better pricing compared with in-basin sales and ensure
sufficient takeaway capacity at current volumes. In addition,
management is attempting to mitigate these higher costs by
increasing liquids production.
Midcycle Leverage Below 2.0x; Improving Liquidity: Fitch believes
Encino's high-quality asset profile, coupled with its hedge
position, supports FCF generation and gross debt repayment toward
management's long-term leverage target of 1.5x. Fitch's base case
projects EBITDA leverage will remain below 2.0x under a $57/barrel
(bbl) midcycle West Texas Intermediate (WTI) price assumption.
Additionally, the remaining $150 million available from the Canada
Pension Plan Investment Board's equity investment and anticipated
neutral to positive FCF generation further bolster the company's
liquidity.
Sizable Utica Footprint: Encino's expansive acreage across the
Utica shale provides flexibility in drilling plans, enabling the
company to choose between dry gas and wet gas wells based on
economic factors or pipeline commitments and constraints. Encino is
the second-largest producer of gas in the Ohio Utica. However, its
production is lower than most Fitch-rated natural gas peers. The
company has focused its drilling efforts in areas with a higher
condensate mix to enhance overall realized pricing and maintains a
relatively high percentage of condensate and NGLs in its production
portfolio compared to peers.
Favorable Hedging Policy: Encino employs a two- to three-year
rolling hedging program, aiming to hedge up to 80% of total
production. Fitch estimates that approximately 78% of
Fitch-forecasted natural gas production is hedged at $3.70/thousand
cubic feet (mcf) and approximately 61% of Fitch-forecasted oil
production is hedged at $71/bbl for 2025. The company also
maintains hedges on condensate, ethane, propane, and butane. Fitch
views this hedging strategy favorably, as it reduces cash flow
volatility and secures returns for the company.
Peer Analysis
Encino's rating reflects the company's size, relatively low
leverage and favorable netbacks. Encino is smaller than other
gas-oriented peers at approximately 1,082 million cubic feet
equivalent per day (mmcfed) produced in 2024, which is lower than
the largest Utica Basin producer, Ascent Resources Utica Holdings,
LLC (BB-/Positive) at 2,166mmcfed. Encino's production is slightly
below that of Comstock Resources Inc. (B/Stable) at 1,442mmcfed.
Encino has strong netbacks, as 45% of its production consists of
liquids, materially higher than other predominantly natural gas
producers. Its production expenses are relatively higher than its
peer group, but this is offset by a much higher realized unhedged
commodity price. Encino had a 2024 Fitch-calculated unhedged
netback of $1.86 per thousand cubic feet equivalent per day (mcfed)
compared with Ascent ($0.70/mcfed) and Comstock ($0.81/mcfed).
Encino's EBITDA leverage was 1.9x as of Dec. 31, 2024, and Fitch
expects it to remain under 2.0x throughout the forecast period.
This is within range of other issuers rated 'B'.
Key Assumptions
- Henry Hub natural gas price of $3.25/mcf in 2025, $3/mcf in 2026,
and $2.75/mcf thereafter;
- WTI oil prices of $60/bbl in 2025 through 2027and $57/bbl
thereafter;
- Production growth in the high teens in 2025, followed by
mid-to-low single digit growth thereafter;
- Capex of approximately $1.1 billion in 2025, declining to $900
million in the outer years of the forecast;
- Any FCF proceeds are applied to debt reduction;
- Base interest rates applicable to the company's outstanding
variable rate debt obligations reflects current SOFR forward
curve.
Recovery Analysis
Key Recovery Rating Assumptions
The recovery analysis assumes that Encino Acquisition Partners
Holdings, LLC would be reorganized as a going concern (GC) in
bankruptcy rather than liquidated.
Fitch has assumed a 10% administrative claim.
Going-Concern Approach
Encino's GC EBITDA assumption reflects Fitch's projections under a
stressed-case price deck, which assumes Henry Hub natural gas
prices of $2.50 in 2025, and $2.25 thereafter and WTI oil prices of
$32 in 2025, $42 in 2026, and $45 thereafter. The GC EBITDA
estimate reflects Fitch's view of a sustainable,
post-reorganization EBITDA level upon which Fitch bases the
enterprise valuation (EV).
The GC EBITDA assumption of $490 million reflects the decline from
current pricing levels to stressed levels and then a partial
recovery coming out of a troughed pricing environment.
Fitch applied an EV multiple of 3.5x EBITDA to the increased GC
EBITDA to calculate a post-reorganization enterprise value. The
choice of this multiple considered the following factors:
- The historical bankruptcy case study exit multiples for peer
companies ranged from 2.8x-7.0x, with an average of 5.2x and a
median of 5.4x.
- Recent M&A transactions in the Appalachian Basin include
Southwestern Energy Company acquired Montage Resources Corporation
in August 2020, which implied a 3.4x multiple on LTM EBITDA; and
EQT Corporation (BBB-/Stable), which acquired Alta Resources
Development in 3Q21 at a 5.0x multiple (including midstream
assets).
Encino's valuation reflects the lack of public exploration and
production companies operating in the Utica Basin, which could
limit buyers resulting in a discount to valuations.
Liquidation Approach
The liquidation estimate reflects Fitch's view of the value of
balance-sheet assets that can be realized in sale or liquidation
processes conducted during a bankruptcy or insolvency proceeding
and distributed to creditors. Fitch considers valuations such as
SEC PV-10 and M&A transactions for each basin, including multiples
for production per flowing barrel, proved reserves valuation, value
per acre and value per drilling location.
Recovery Waterfall
The revolver is assumed to be 80% drawn upon default, with the
expectation that commitments would be reduced during a
redetermination. The revolver is senior to the senior unsecured
notes in the waterfall.
The allocation of value in the liability waterfall results in
recovery corresponding to 'RR1' recovery for the first lien
revolver and 'RR4' recovery for the 2028 senior unsecured notes
($700 million) and the 2031 senior unsecured notes ($500 million).
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Inability to generate positive FCF, which results in reduced
liquidity and increased leverage;
- Change in financial policy, including reduced commitment to repay
debt and/or a reduction in the hedging program;
- Loss of operational momentum, resulting in material production
declines from current levels;
- Mid-cycle EBITDA Leverage above 3.0x.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Track record of generating material positive FCF;
- Adherence to management's financial policy to reduce debt and
enhance liquidity;
- Maintenance of mid-cycle EBITDA Leverage at or below 2.5x and
ability to maintain adequate higher value liquids inventory.
Liquidity and Debt Structure
Encino had cash on hand of $13.7 million as of Dec. 31, 2024, and
$860 million of availability under its $1.45 billion reserve-based
lending (RBL) facility after $458 million of borrowings and $132.2
million LOC. Fitch expects Encino to maintain adequate liquidity
throughout the rating case.
Encino's $700 million and $500 million senior unsecured notes
mature in May 2028 and 2031, respectively. The RBL matures in May
2028 and have a springing maturity feature, which requires the RBL
to be repaid on Jan 31, 2028, if the 8.50% unsecured notes have not
been refinanced or repaid in full prior to Jan 31, 2028. Fitch
believes the company's refinance risk is manageable, given the
ample maturity runway to focus on growing FCF and reducing debt to
its leverage target of below 1.5x.
Issuer Profile
Encino is a private equity-backed exploration and production (E&P)
company, with over 1.1 million acres in Ohio's Utica shale play.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Encino Acquisition
Partners Holdings, LLC LT IDR B Affirmed B
senior unsecured LT B Affirmed RR4 B
Encino Acquisition
Partners, LLC LT IDR B Affirmed B
EPIC SMOKEHOUSE: Seeks Subchapter V Bankruptcy in Virginia
----------------------------------------------------------
On April 28, 2025, Epic Smokehouse LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Eastern District
of Virginia. According to court filing, the Debtor reports between
$1 million to $10 million in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About Epic Smokehouse LLC
Epic Smokehouse LLC operates a barbecue and steakhouse restaurant
in Arlington, Virginia. Founded in 2012, the establishment offers a
menu that blends traditional smoked meats with upscale dishes and
cocktails. The restaurant is located near Pentagon City and serves
both lunch and dinner, including weekend brunch.
Epic Smokehouse LLC sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. E.D. Va. Case No. 25-10855)
on April 28, 2025. In its petition, the Debtor reports estimated
assets between $100,000 and $500,000 and estimated liabilities
between $1 million and $10 million.
The Debtor is represented by Daniel Press, Esq. at CHUNG & PRESS,
P.C.
ESG CLEAN: Voluntary Chapter 11 Case Summary
--------------------------------------------
Debtor: ESG Clean Energy LLC
1111 Elm Street, Suite 38
West Springfield MA 01089
Business Description: ESG Clean Energy LLC develops distributed
power generation systems that integrate
advanced carbon capture technology. Based
in West Springfield, Massachusetts, the
Company utilizes natural gas and biogas to
produce electricity while converting
emissions into usable byproducts such as
distilled water and ethanol.
Chapter 11 Petition Date: April 30, 2025
Court: United States Bankruptcy Court
District of Massachusetts
Case No.: 25-30267
Judge: Hon. Elizabeth D Katz
Debtor's Counsel: James P. Ehrhard, Esq.
27 Mechanic Street,
Worcester MA 01608
Tel: 508-791-8411
E-mail: ehrhard@ehrhardlaw.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Nicholas J. Scuderi as manager.
A list of the Debtor's 20 largest unsecured creditors was not
provided alongside the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/RIBE2XQ/ESG_Clean_Energy_LLC__mabke-25-30267__0001.0.pdf?mcid=tGE4TAMA
ESG-H2 LLC: Voluntary Chapter 11 Case Summary
---------------------------------------------
Debtor: ESG-H2, LLC
1111 Elm Street, Suite 38
West Springfield MA 01089
Business Description: ESG-H2, LLC, based in West Springfield,
Massachusetts, focuses on developing zero-
carbon power generation systems. The
Company specializes in utilizing natural gas
to generate electricity while capturing
nearly all carbon dioxide and water vapor,
converting them into commercially viable
products.
Chapter 11 Petition Date: April 30, 2025
Court: United States Bankruptcy Court
District of Massachusetts
Case No.: 25-30269
Debtor's Counsel: James P. Ehrhard, Esq.
27 Mechanic Street
Worcester MA 01608
Tel: 508-791-8411
E-mail: ehrhard@ehrhardlaw.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Nicholas J. Scuderi as manager.
The Debtor did not submit the required list of its 20 largest
unsecured creditors when filing the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/SDHLT4A/ESG-H2_LLC__mabke-25-30269__0001.0.pdf?mcid=tGE4TAMA
EVANS INVESTMENT: Case Summary & Six Unsecured Creditors
--------------------------------------------------------
Debtor: Evans Investment Partners, LLC
734-752 Vallejo Street
San Francisco, CA 94133
Chapter 11 Petition Date: April 30, 2025
Court: United States Bankruptcy Court
Northern District of California
Case No.: 25-30342
Debtor's Counsel: E. Vincent Wood, Esq.
SHEPHERD & WOOD LLP
2950 Buskirk Ave., #300
Walnut Creek, CA 94597
Tel: (925) 278-6680
Fax: (925) 955-1655
Email: general@shepwoodlaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Eric Chung as managing member.
A full-text copy of the petition, which includes a list of the
Debtor's six unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/KJYEYNQ/Evans_Investment_Partners_LLC__canbke-25-30342__0001.0.pdf?mcid=tGE4TAMA
FIRST CLASS: To Sell Trailer to Rigo's Delivery for $55K
--------------------------------------------------------
First Class Moving Systems, Inc. and its affiliates, Capital Asset
Finance, Inc., First Class Moving Systems of North Jersey, Inc.,
First Class Moving Of South Florida, Inc., First Class Commercial
Services Of Orlando, Inc., and FC Equipment Leasing, Inc., seek
permission from the U.S. Bankruptcy Court for the Middle District
of Florida, Tampa Division, to sell five trailers, free and clear
of liens, claims, and encumbrances.
The Debtors have determined that they need to right-size the
companies, reduce overhead, and increase profitability to
successfully emerge from Chapter 11. The Debtors have decided to
sell 2015 Kentucky Trailer, 1KKVE53222FL237085.
The Debtors want to sell the Trailer to Rigo's Delivery Moving and
Storage for the purchase price for $55,000.
The Trailer is encumbered by the lien of Valley National Bank with
approximately $83,000.
Valley consents to the sale of the Trailer, free and clear of
encumbrances.
About First Class Moving Systems, Inc.
First Class Moving Systems Inc. is a professional moving company
offering residential and commercial moving services, as well as
packing, logistics, and storage solutions. The Company has
locations in Tampa, Miami/Fort Lauderdale, Gulfport, MS, Orlando,
FL, and Bound Brook, NJ.
First Class Moving Systems Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Fla. Lead Case No. 25-02243)
on April 11, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Roberta A. Colton handles the case.
The Debtor is represented by Scott A. Stichter, Esq. and Amy Denton
Mayer, Esq. at STICHTER RIEDEL BLAIN & POSTLER, P.A.
FORTUNA AUCTION: Yann Geron Named Subchapter V Trustee
------------------------------------------------------
The U.S. Trustee for Region 2 appointed Yann Geron, Esq., at Geron
Legal Advisors, LLC as Subchapter V trustee for Fortuna Auction,
LLC.
Mr. Geron will be paid an hourly fee of $890 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Geron declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Yann Geron, Esq.
Geron Legal Advisors, LLC
370 Lexington Avenue, Suite 1101
New York, NY 10017
Phone: (646) 560-3224
Email: ygeron@geronlegaladvisors.com
About Fortuna Auction
Fortuna Auction, LLC is a boutique auction house specializing in
fine, antique jewelry and luxury watches. Established in 2011, the
Company offers a platform for collectors, wholesalers, retailers,
and private clients to buy and sell jewelry and watches
internationally.
Fortuna Auction sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-10632) on April 1,
2025. In its petition, the Debtor reported estimated assets between
$100,000 and $500,000 and estimated liabilities between $1 million
and $10 million.
The Debtor is represented by Tracy L. Klestadt, Esq. at Klestadt
Winter Jureller Southard & Stevens, LLP.
FOUNDERS CLASSICAL: S&P Affirms 'BB-' Rating on Revenue Bonds
-------------------------------------------------------------
S&P Global Ratings affirms 'BB-' long-term rating to the Public
Finance Authority, Wis.' series 2020 and 2023 charter school
revenue bonds, issued for Founders Classical Academy of Las Vegas.
The outlook is stable.
S&P analyzed environmental, social, and governance factors and
consider them neutral in its credit rating analysis.
S&P said, "The stable outlook reflects our expectation that over
the next year financial margins will remain positive and MADS
coverage will surpass 1x, aiding in the maintenance of improved
liquidity, while the school continues to meet enrollment
projections. The stable outlook also reflects our expectation that
the school will not issue additional debt.
"We could take a negative rating action if the school does not meet
enrollment projections, if MADS coverage does not improve to at
least 1x as expected by management, or if unrestricted liquidity
materially decreases.
"We could take a positive rating action beyond the outlook period
if the school maintains its improved liquidity position and
consistently strengthens lease-adjusted MADS coverage to levels in
line with those of higher-rated peers, coupled with meeting
enrollment projections and moderating debt as enrollment and
revenue grow."
GLOBAL CLEAN: U.S. Trustee Appoints Creditors' Committee
--------------------------------------------------------
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Global
Clean Energy Holdings, Inc.
The committee members are:
1. Brad Newburg
Trinity Safety Company
7501 Meany Ave.
Bakersfield, CA 93308
Bnewburg@trinitysafetyco.com
2. Chris Connelly
Bragg Companies
6242 Paramount Blvd
Long Beach, CA 90805
Chris.connelly@braggcompanies.com
3. Clifton Mosteller
J.T. Thorpe & Son, Inc.
1060 Hensley Street
Richmond, CA 94801
Clifton.mosteller@tmcorp.us
4. Philip Fraher
Molecule
1333 West Loop South, Suite 820
Houston, TX 77027
phil@molecule.io
5. Paul Bowmar
Castleton Commodities Merchant Trading L.P.
2200 Atlantic Street, Suite 800
Stamford, CT 06902
Paul.bowmar@cci.com
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About Global Clean Energy Holdings
Global Clean Energy Holdings Inc. is a renewable energy company
that produces ultra-low carbon fuels from proprietary strains of
Camelina sativa, a nonfood crop. It manages the full value chain --
from cultivation to fuel production -- at facilities including its
plant in Bakersfield, Calif. It operates internationally and
collaborates with growers to support large-scale Camelina
cultivation.
Global Clean Energy Holdings and affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Texas Lead Case
25-90113) on April 16, 2025. In its petition, Global Clean Energy
Holdings reported total assets of $1,598,001,000 and total debts of
$1,584,749,000 as of Sept. 30, 2024.
Judge Alfredo R. Perez handles the cases.
The Debtors tapped Kirkland & Ellis, LLP and Kirkland & Ellis
International, LLP as general bankruptcy counsel; Norton Rose
Fulbright US, LLP as local counsel; Lazard Freres & Co, LLC as
investment banker; and Alvarez & Marsal North America, LLC as
financial advisor; and Hilco Valuation Services, LLC as appraisal
advisor. Epiq Bankruptcy Solutions, LLC is the Debtors' noticing
and claims agent.
GO LAB INC: GO-Madison Unsecured Claims Will Get 10% of Claims
--------------------------------------------------------------
GO Lab, Inc. and GO Lab Madison, LLC, filed with the U.S.
Bankruptcy Court for the District of Delaware a Combined Disclosure
Statement and Joint Plan of Reorganization dated March 28, 2025.
The Debtors, through their operating entity GO-Madison, are a
start-up manufacturer and distributor of high-performing wood fiber
insulation for use in the building construction industry. The
Debtors were founded in 2017 by licensed architect Matthew O'Malia
and chemist Joshua Henry.
The Debtors are the first and only domestic producer of wood fiber
insulation, using wood chips and thinnings left over from timber
harvesting for the production of water-resistant, fire-resistant,
and sound-dampening thermal insulation. All of the Debtors'
products are manufactured with pure softwood chips from sustainable
Maine forest management and lumber production, and arrive at
construction sites with a negative carbon footprint.
The Debtors, through their principals and advisors, pivoted and
began negotiations with the Bondholders, FAME, the Series B Senior
Lenders, the QLICI Lenders, SEDC, trade creditors and other
stakeholders, regarding a restructuring. To fund operating expenses
through the Petition Date and allow the Debtors to continue paying
employees and professionals, the Bondholders permitted the Debtors
to make certain draws on the Debt Service Reserve Fund.
The extensive discussions culminated in a series of restructuring
support agreements (the "RSAs") with substantially all of the
Debtors' secured and unsecured creditors to effect a consensual
restructuring of the Debtors' balance sheet pursuant to this Plan.
The filing of the Chapter 11 Cases and this Plan allows the Debtors
to address their liquidity challenges and continue operations, meet
employee and other obligations, and implement the restructuring set
forth in the RSAs.
Class 8 consists of GO-Madison General Unsecured Claims. On or as
soon as practicable after the Effective Date, each Holder of an
Allowed GO-Madison General Unsecured Claim shall receive a Cash
payment equal to ten percent of its Allowed GO-Madison General
Unsecured Claim in full and final satisfaction, release,
settlement, and discharge of its GO-Madison General Unsecured
Claim, except to the extent that a Holder of an Allowed GO-Madison
General Unsecured Claim has agreed to less favorable treatment or
has been paid previously. The allowed unsecured claims total
$5,500,000.
Class 9 consists of Convenience Class Claims (GO-Madison Unsecured
Claims in Allowed amounts of $25,000.00 or less). On or as soon as
practicable after the Effective Date, in full and final
satisfaction, release, settlement, and discharge of such Allowed
Convenience Class Claim, shall receive payment in Cash in the full
amount of such Allowed Convenience Class Claim, except to the
extent that a Holder of a Convenience Class Claim has agreed to
less favorable treatment or has been paid previously. The allowed
unsecured claims total $660,000. This Class will receive a
distribution of 100% of their allowed claims.
Class 13 consists of GO-Inc. General Unsecured Claims. On the
Effective Date, all GO-Inc. General Unsecured Claims shall be
cancelled and discharged, and Holders of GO-Inc. General Unsecured
Claims shall not receive or retain any Property under the Plan on
account of their GO-Inc. General Unsecured Claims. Any Liens held
by Holders of Class 12 Claims shall be released and discharged on
the Effective Date. The allowed unsecured claims total $7,411,742.
On the Effective Date, all GO-Inc. Equity Interests shall be
retired, cancelled, extinguished and discharged in accordance with
the terms of the Plan, and Holders of GO-Inc. Equity Interests
shall not receive or retain any Property under the Plan on account
of their GO-Inc. Equity Interests.
On the Effective Date, all GO-Madison Equity Interests shall be
cancelled, and Holders of GO-Madison Equity Interests shall not
receive or retain any Property under the Plan on account of their
GO-Madison Equity Interests.
For purposes of determining whether the Plan meets the feasibility
requirement, the Debtors, in consultation with their financial
advisors, have analyzed the Debtors' ability to meet their
obligations under the Plan. As part of that analysis, the Debtors
have prepared consolidated projected financial results for the
period beginning July 1, 2025 and ending December 31, 2026
("Projections").
The assumptions the Debtors considered to be significant are
described in the notes which are part of the Projections. Based on
the Projections, the Debtors believe that the Plan is feasible and
that the Reorganized Debtors will be able to satisfy their
obligations under the Plan, as well as their obligations associated
with post-Effective Date business operations.
A full-text copy of the Combined Disclosure Statement and Plan
dated March 28, 2025 is available at https://urlcurt.com/u?l=T2uqVM
from PacerMonitor.com at no charge.
Proposed Counsel for Debtors:
Mark E. Felger, Esq.
Simon E. Fraser, Esq.
Cozen O'Connor
1201 N. Market Street, Suite 1001
Wilmington, Delaware 19801
Phone: (302) 295-2087
Fax: (302) 295-2013
Email: mfelger@cozen.com
sfraser@cozen.com
David R. Doyle, Esq.
Cozen O'Connor
123 N. Wacker Drive, Suite 1800
Chicago, Illinois 60606
Phone: (312) 474-1648
Fax: (312) 361-8378
Joel D. Nesset, Esq.
Cozen O'Connor
33 South 6th Street, Suite 3800
Minneapolis, MN 55402
Phone: (612) 260-9000
Fax: (612) 260-9080
Email: jnesset@cozen.com
About Go Lab, Inc.
GO Lab, Inc. and GO Lab Madison, LLC are a start-up manufacturer
based in Madison, Maine, specializing in high-performing,
dry-process wood fiber construction insulation. Founded in 2017,
the Company produces three commercial products: TimberBatt,
TimberFill, and TimberBoard, all made from clean softwood residuals
sourced from sawmills and small-diameter trees.
GO Lab, Inc. and GO Lab Madison, LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Del., Lead Case No.
25-10557) on March 25, 2025. In the petition, the Debtors reported
total assets of $500,000 to $1 million and total debts of $10
million to $50 million. The petitions were signed by Matthew
O'Malia as president and CEO.
The Honorable Bankruptcy Judge Karen B Owens handles the case.
The Debtors tapped Cozen O'Connor to serve as their general
bankruptcy counsel. Pierce Atwood LLP is the Debtors' special
counsel for corporate matters. Nixon Peabody LLP is the Debtors'
special counsel for tax and bond matters. Jefferies LLC acts as
investment banker to the Debtors, and Berry Dunn McNeil & Parker
LLC acts as accountants to the Debtors. The Debtors' claims and
noticing agent is Omni Agent Solutions.
GOL LINHAS: Secures Agreement with Group of 2026 Noteholders
------------------------------------------------------------
Ney Hayashi of Bloomberg News reports that Gol Linhas has reached a
preliminary agreement with an ad-hoc group of 2026 noteholders, as
outlined in a regulatory filing. Under the deal, the group will
underwrite $125 million in exit financing notes as part of the
carrier's Chapter 11 restructuring plan. Castlelake and Elliott
have agreed to revise the existing underwriting terms to enable the
ad-hoc group of noteholders to join the transaction.
Noteholders of the 2026 senior secured notes who do not accept the
deal will receive up to $100 million in take-back notes, the report
states.
About Gol GOLL4.SA
GOL Linhas Aereas Inteligentes S.A. provides scheduled and
non-scheduled air transportation services for passengers and cargo;
and maintenance services for aircraft and components in Brazil and
internationally. The company offers Smiles, a frequent-flyer
program to approximately 20.5 million members, allowing clients to
accumulate and redeem miles. It operates a fleet of 146 Boeing 737
aircraft with 674 daily flights. The company was founded in 2000
and is headquartered in Sao Paulo, Brazil.
GOL Linhas Aereas Inteligentes S.A. and its affiliates and its
subsidiaries voluntarily filed for Chapter 11 protection (Bankr.
S.D.N.Y. Lead Case No. 24-10118) on Jan. 25, 2024.
GOL Linhas estimated $1 billion to $10 billion in assets as of the
bankruptcy filing.
The Debtors tapped Milbank Llp as counsel, Seabury Securities Llc
as restructuring advisor, financial advisor and investment banker,
Alixpartners, LLP, as financial advisor, and HUGHES Hubbard & Reed
LLP as aviation related counsel. Kroll Restructuring Administration
LLC is the claims agent.
GOOD TO GO: Seeks Chapter 11 Bankruptcy in Illinois
---------------------------------------------------
On April 28, 2025, Good to Go Jamaican Cuisine LLC filed Chapter
11 protection in the U.S. Bankruptcy Court for the Northern
District of Illinois. According to court filing, the
Debtor reports between $100 million and $500 million in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
About Good to Go Jamaican Cuisine LLC
Good to Go Jamaican Cuisine LLC runs a Caribbean restaurant in
Evanston, Illinois, offering traditional Jamaican fare. Founded in
2002, the establishment is known for its signature dishes such as
Jerk Chicken, Oxtail, Brown Stew Chicken, Curry Goat, and Jerk
Pork. The venue also features an event space for live music
performances and private gatherings.
Good to Go Jamaican Cuisine LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No.: 25-06446)
on April 28, 2025. In its petition, the Debtor reports estimated
assets betweeb $500,000 and $1 million and estimated liabilities
between $100 million and $500 million.
Honorable Bankruptcy Judge Deborah L. Thorne handles the case.
The Debtor is represented by William Factor, Esq. at THE LAW OFFICE
OF WILLIAM J. FACTOR, LTD.
GREYSTONE PROPERTY: Voluntary Chapter 11 Case Summary
-----------------------------------------------------
Debtor: Greystone Property Development LLC
29 Poplar St.
Roslindale MA 02131
Business Description: Greystone Property Development LLC is a home
improvement contractor based in Roslindale,
Massachusetts. The Company specializes in
residential remodeling services, including
kitchen and bathroom renovations, basement
and whole-home remodels, and home additions.
Chapter 11 Petition Date: April 24, 2025
Court: United States Bankruptcy Court
District of Massachusetts
Case No.: 25-10811
Judge: Hon. Christopher J Panos
Debtor's Counsel: Margaret Mullen, Esq.
MARGARET MULLEN
300 Summer St.
Plymouth MA 02360
Tel: 781-499-3368
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Thomas Reyes as partner/manager.
A list of the Debtor's 20 largest unsecured creditors was not
provided alongside the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/525SCCQ/Greystone_Property_Development__mabke-25-10811__0001.0.pdf?mcid=tGE4TAMA
H-FOOD HOLDINGS: HQ Landlord Backed Out of New Terms
----------------------------------------------------
Emily Lever of Law360 Bankruptcy Authority reports that snack maker
Hearthside Food Solutions has sued the landlord of its Illinois
headquarters, alleging the landlord is breaking a last-minute
agreement that would have permitted the company to continue
operating at the location.
About H-Food Holdings
H-Food Holdings, LLC, formerly known as Matterhorn Merger Sub, LLC,
was founded in 2009 in Grand Rapids, Mich. The company and its
affiliated debtors are a contract manufacturer of food products,
producing and supplying, among other things, nutrition bars, frozen
packaged foods, meal kits, snacks, sauces, refrigerated trays,
overwrap, custom packaging solutions, and more to customers. As the
largest food co-manufacturer in North America, the Debtors
manufacture some of the most valued and recognizable brands, and
the Debtors' key customers include many of the leading consumer
packaged goods customers in North America.
The Debtors filed Chapter 11 petitions (Bankr. S.D. Texas Lead Case
No. 24-90586) on Nov. 22, 2024, listing $1 billion to $10 billion
in both assets and liabilities. Robert M. Caruso,
chiefrestructuring officer, signed the petitions.
Judge Alfredo R. Perez presides over the cases.
The Debtors tapped Ropes & Gray, LLP as general bankruptcy counsel;
Porter Hedges, LLP as co-bankruptcy counsel; Evercore Group, LLC as
investment banker; and Alvarez & Marsal North America, LLC as
financial advisor.
HARBOR FREIGHT: Moody's Alters Outlook on 'B1' CFR to Negative
--------------------------------------------------------------
Moody's Ratings changed Harbor Freight Tools USA, Inc.'s (HFT)
outlook to negative from positive. At the same time, Moody's
affirmed HFT's corporate family rating at B1, its probability of
default rating at B1-PD and its senior secured bank credit facility
rating due 2031 at B2.
The change in outlook to negative from positive reflects HFT's
significant exposure to imposed tariffs on China and the need to
shift its sourcing strategy in the face of an uncertain US trade
policy. As HFT works to mitigate higher tariff costs, Moody's
expects a material reduction in HFT operating income in its fiscal
year ended July 2026 which will result in an erosion in HFT's
currently solid credit metrics. Currently, debt/EBITA is 3.8x and
EBIT/Interest is 3.1x for the LTM ended January 31, 2025. Moody's
projects that leverage at the end of its fiscal year July 2026 to
be in the range of 4.5x to 5.5x and EBIT/interest of approximately
2.0-2.7x. The affirmation of the B1 CFR reflects HFT's good
liquidity, given its large ABL and excess inventory, and that
financial policy will remain supportive under its founder owner.
Moody's also expects Harbor Freight Tools USA, Inc. to be able to
rationalize its cost base and lower capital investments to support
its profitability and liquidity position.
RATINGS RATIONALE
HFT's B1 CFR reflects its unique niche in providing value priced
tools and equipment, which has historically resulted in continued
revenue growth and an ability to attract new customers. HFT's
business strategy of direct sourcing proprietary brands has driven
its ability to price product at relatively lower price points
compared to its competitors. The company's product offering is well
positioned in an environment where customers are focused on value.
Nonetheless, its dependence on imported product, with the majority
of its product from China and a significant portion from Vietnam,
requires the company to rework its sourcing model given the
prohibitive tariff levels currently on China. The rates are well
beyond ones absorbed in 2018, and Moody's expects significant
pressure on its profitability. Higher tariffs rates will need to be
absorbed through either its vendors, higher prices, or operational
cost reductions and efficiencies. HFT has been working to reduce
its reliance on China and has also increased its range of products
to include items that can not only meet the needs of the DIY
customers but also the professional contractor.
The rating also reflects governance considerations including its
commitment to net funded leverage (as defined by the company)
remaining between 2.5-3.5x and the prioritization of debt reduction
over future dividends. HFT has good liquidity as its $1.6 billion
ABL due 2029 had $1.17 billion available at January 31, 2025 with
$390 million outstanding. HFT is also relatively more modest in
scale when compared to the larger home improvement and auto-parts
retailers, and has a more narrow product offering.
The negative outlook reflects that the uncertain US trade policy
will result in a reduction in HFT's profitability, pressure its
ability to source certain products at needed quantities or prices
and result in weakened credit metrics. The outlook also reflects
the execution risk related to adapting its operations to the
current trade environment, including changes to its sourcing
strategy, capital plans, pricing model and cost structure.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could result in an upgrade would require consistent
organic sales and operating income growth with operating margins in
line with historical levels. An upgrade would also require a
conservative financial policy that prioritizes maintaining good
liquidity and using free cash flow for debt reduction.
Quantitatively, an upgrade would require debt to EBITDA sustained
below 4.5 times and EBIT/interest coverage sustained above 2.5
times.
Factors that could result in a downgrade include a sustained
deterioration in operating performance, an increase in debt or
deterioration in liquidity, including negative free cash flow
generation. Quantitatively, ratings could be downgraded if debt to
EBITDA was sustained above 5.0 times or EBIT/interest coverage
below 1.75 times.
Headquartered in Calabasas, California, Harbor Freight Tools USA,
Inc. sells value priced tools and equipment through over 1,580
stores in 48 states as of January 31, 2025 as well as through the
internet and its call centers. Harbor Freight Tools USA, Inc. is
privately owned by Mr. Eric Smidt. Revenue is in excess of $8.7
billion as of January 31, 2025.
The principal methodology used in these ratings was Retail and
Apparel published in November 2023.
HARVEY LANDHOLDINGS: Proposes Immaterial Modifications to Plan
--------------------------------------------------------------
Harvey Landholdings, L.L.C., filed with the U.S. Bankruptcy Court
for the Northern District of Georgia a First Modification to Plan
of Reorganization dated March 28, 2025.
In accordance with Section 1193(a) of the Bankruptcy Code, Debtor
hereby modifies the Plan as set forth herein. The changes do not
materially or adversely affect the rights of any parties in
interest which have not had notice and an opportunity to be heard
with regard thereto.
Article 4, Section 4.4 of the Plan, Class 4: Secured Claim of
Synovus Bank (Unit E-230 Claim), is deleted in its entirety and
replaced with the following:
Class 4 consists of the Secured Claim of Synovus Bank ("Synovus")
regarding Unit E-230. On December 5, 2024, Synovus Bank filed its
Proof of Claim, assigned Proof of Claim No. 1, in the amount of
$259,343.70 consisting of: (i) principal in the amount of
$204,763.65 (the "Class 4 Principal"); (ii) interest in the amount
of $3,022.16; and, (iii) other charges/ fees in the amount of
$51,557.89 (such amount or such lesser amount as allowed by the
Court is referred to as the "Class 4 Secured Claim") pursuant to a
certain Promissory Note dated August 8, 2007 between Debtor and
Bank of North Georgia in the original principal amount of
$400,000.00 (the "Synovus Unit E-230 Note") secured by a first
priority lien on the Class 4 Collateral consisting of real property
located at 3155 North Point Parkway, Unit E-230, Alpharetta,
Georgia (the "Unit E230 Real Property") as further described in the
Deed to Secure Debt dated August 8, 2007 recorded in the Fulton
County, Georgia land records on August 14, 2007, in Deed Book
45536, Page 39 et seq. (the "Unit E-230 Security Deed") and such
other loan documents related to the Class 4 Secured Claim are
referred collectively as the "Synovus Unit E-230 Loan Documents."
Debtor acknowledges that the Synovus Unit E-230 Note is
cross-collateralized with the Synovus Unit E210 & E-220 Note (as
defined in Class 5).
The Synovus Unit E-230 Loan Documents, and specifically the Synovus
Unit E-230 Note, require monthly payments with interest accruing on
the principal balance at the variable interest rate provided in the
Synovus Unit E-230 Note with all remaining principal and accrued
interest due and payable by August 8, 2032. Interest shall accrue
on the then outstanding balance of the Class 4 Principal of the
Allowed Class 4 Secured Claim at the annual rate of 8.5%. Debtor
intends to refinance or market and sell the Real Estate. Debtor
shall pay the Allowed Class 4 Secured Claim in equal monthly
payments of $2,500.00 each commencing on the 28th day of the first
full month following the Effective Date and continuing by the 28th
day of each subsequent month (or the next Business Day if the 28th
day is not a Business Day), until paid in full provided, however,
that any Allowed Class 4 Secured Claim that has not been paid in
full on or before the 3rd anniversary of the Effective Date shall
be paid with a final balloon payment on or by the 3rd anniversary
of the Effective Date (the "Class 4 Maturity Date") unless such
Holder agrees to a longer payment term. The Synovus Unit E-230 Loan
Documents will be deemed current so long as Debtor is in compliance
with Class 4 and Class 5 of the Plan, and will continue in full
force and effect, pursuant to the non-default terms of the same.
The Debtor's financial condition or filing of this Bankruptcy Case
shall not be a default under the Synovus Unit E-230 Loan Documents.
Notwithstanding anything to the contrary, no default pursuant to
the Synovus Unit E-230 Loan Documents which existed on the
Confirmation Date shall be a default under the Plan and any
decision within the discretion or control of Synovus shall be
subject to a reasonableness standard. Synovus shall retain its
first priority lien on the Class 4 Collateral and said lien shall
be valid and fully enforceable to the same validity and priority as
existed on the Filing Date and to the extent of the Class 4 Secured
Claim. Upon receipt of payment in full of the Class 4 Secured Claim
and the Class 5 Secured Claim, Synovus shall release its lien on
the Class 4 Collateral and cancel any assertions of liens against
the Class 4 Collateral. If Synovus does not release its security
interest within 15 days after receipt of payment in full of the
Class 4 Secured Claim and Class 5 Secured Claim, Debtor may take
such action necessary, pursuant to applicable law including,
without limitation, O.C.G.A. Section 11-9-513, to have the asserted
security interest or lien against Debtor's property released.
Article 4, Section 4.5 of the Plan, Class 5: Secured Claim of
Synovus Bank (Units E-210 & E-220 Claim), is modified as follows:
* Section 4.5 is deleted and replaced with the following:
Class 5 consists of the Secured Claim of Synovus Bank ("Synovus")
regarding Units E210 and E-220. On December 5, 2024, Synovus Bank
filed its Proof of Claim, assigned Proof of Claim No. 2, in the
amount of $234,153.35 consisting of: (i) principal in the amount of
$179,151.91 (the "Class 5 Principal Balance"); (ii) interest in the
amount of $5,588.76; and, (iii) other charges/ fees in the amount
of $49,412..68 (such amount or such lesser amount as allowed by the
Court is referred to as the "Class 5 Secured Claim") pursuant to a
certain Loan Agreement dated December 13, 2013 between Debtor and
Bank of North Georgia in the original principal amount of
$250,000.00 (the "Synovus Unit E-210 & E-220 Note") secured by a
first priority lien on the Class 5 Collateral consisting of real
property located at 3155 North Point Parkway, Unit E-210 & E-220,
Alpharetta, Georgia (the "Unit E-210 & E-220 Real Property") as
further described in the Deed to Secure Debt dated December 13,
2013 and recorded in the Fulton County, Georgia land records on
December 16, 2013, in Deed Book 53424, Page 73 et seq. (the "Unit
E-210 & E-220 Security Deed") and such other loan documents related
to the Class 5 Secured Claim are referred collectively as the
"Synovus Unit E-210 & E-220 Loan Documents."
* The Synovus Unit E-210 & E-220 Loan Documents, and
specifically the Synovus Unit E210 & E-220 Note, require monthly
payments with interest accruing on the principal balance at the
variable interest rate provided in the Synovus Unit E-210 & E-220
Note with all remaining principal and accrued interest due and
payable by December 18, 2018. Interest shall accrue on the
outstanding balance of the Class 5 Principal of the Allowed Class 5
Secured Claim at the annual rate of 8.5%. Debtor intends to
refinance or market and sell the Real Estate. Debtor shall pay the
Allowed Class 5 Secured Claim in equal monthly payments of
$1,800.00 each commencing on the 28th day of the first full month
following the Effective Date and continuing by the 28th day of each
subsequent month (or the next Business Day if the 28th day is not a
Business Day), until paid in full provided, however, that any
Allowed Class 5 Secured Claim that has not been paid in full on or
before the 3rd anniversary of the Filing Date shall be paid with a
final balloon payment on or by the 3rd anniversary of the Effective
Date (the "Class 5 Maturity Date") unless such Holder agrees to a
longer payment term.
Article 4, 4.6 of the Plan, Class 6: Secured Claim of the U.S.
Small Business Administration, is modified as follows:
* The following sentence shall be deleted: "Within 5 business
days of Debtor's request (or Debtor's agent's request) Synovus
shall provide a payoff for the then outstanding balance of the
Class 6 Secured Claim and an accounting of all debts and credits to
the Class 6 Secured Claim since the Petition Date" (the "Deleted
SBA Payoff Sentence").
* The Deleted SBA Payoff Sentence shall be replaced with the
following sentence: "Within 5 business days of the Debtor's request
(or Debtor's agent's request) the SBA shall provide (i) a payoff
for the then outstanding balance of the Class 6 Secured Claim and
(ii) an accounting of all debts and credits to the Class 6 Secured
Claim since the Petition Date provided that to the extent said
accounting information is available to the Debtor on the SBA's
portal the SBA may refer Debtor to the same."
A full-text copy of the First Modified Plan dated March 28, 2025 is
available at https://urlcurt.com/u?l=sLyESD from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Leslie M. Pineyro, Esq.
Adam E. Ekbom, Esq.
Jones & Walden LLC
699 Piedmont Avenue, NE
Atlanta, GA 30308
Telephone: (404) 564-9300
Email: lpineryo@joneswalden.com
About Harvey Landholdings
Harvey Landholdings LLC sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 24-60343)
on Sept. 30, 2024, with $1 million to $10 million in assets and
$500,000 to $1 million in liabilities. The petition was signed by
Donald K. Harvey as manager.
Judge Jeffery W. Cavender oversees the case.
The Debtor is represented by Leslie Pineyro, Esq., at Jones &
Walden, LLC.
Synovus Bank, as secured creditor, is represented by:
Stephen G. Gunby, Esq.
Page Scrantom Sprouse Tucker & Ford, PC
P.O. Box 1199
1111 Bay Avenue, Third Floor
Columbus, GA 31902
(706) 243-5630
sgunby@pagescrantom.com
HERTZ CORP: Wells Fargo Challenges Interest Payment Before S.C.
---------------------------------------------------------------
Alex Wolf of Bloomberg Law reports that Wells Fargo Bank NA urged
the U.S. Supreme Court to reject Hertz Corp.'s petition challenging
enhanced payments to bondholders resulting from its bankruptcy,
arguing the case doesn't warrant review.
Hertz is asking the high court to overturn a federal appeals court
ruling that granted bondholders approximately $270 million in
additional fees and interest tied to the company's 2021 Chapter 11
exit. But Wells Fargo pointed out that the Court has already
declined to hear two similar cases involving solvent debtors,
saying Hertz's arguments are even less compelling, according to
Bloomberg Law.
About Hertz Corp.
Hertz Corp. and its subsidiaries -- http://www.hertz.com/--
operate a worldwide vehicle rental business under the Hertz,
Dollar, and Thrifty brands, with car rental locations in North
America, Europe, Latin America, Africa, Asia, Australia, the
Caribbean, the Middle East, and New Zealand. They also operate a
vehicle leasing and fleet management solutions business.
On May 22, 2020, The Hertz Corporation and certain of its U.S. and
Canadian subsidiaries and affiliates filed voluntary petitions for
reorganization under Chapter 11 in the U.S. Bankruptcy Court for
the District of Delaware (Bankr. D. Del. Case No. 20-11218).
Judge Mary F. Walrath oversees the cases.
The Debtors have tapped White & Case LLP as their bankruptcy
counsel, Richards, Layton & Finger, P.A., as local counsel, Moelis
& Co. as investment banker, and FTI Consulting as financial
advisor. The Debtors also retained the services of Boston
Consulting Group to assist the Debtors in the development of their
business plan. Prime Clerk LLC is the claims agent.
The U.S. Trustee for Regions 3 and 9 appointed a Committee to
represent unsecured creditors in Debtors' Chapter 11 cases. The
Committee has tapped Kramer Levin Naftalis & Frankel LLP as its
bankruptcy counsel, Benesch Friedlander Coplan & Aronoff LLP as
Delaware counsel, UBS Securities LLC as investment banker, and
Berkeley Research Group, LLC, as financial advisor. Ernst & Young
LLP provides audit and tax services to the Committee.
* * *
Hertz Global and its subsidiaries emerged from Chapter 11
bankruptcy at the end of June 2021. Hertz won approval of a Plan of
Reorganization that unimpaired all classes of creditors (who are
legally deemed to have accepted it) and was approved by more than
97% of voting shareholders. The Plan provided for the existing
shareholders to receive more than $1 billion of value.
Recovery by shareholders of close to $8 a share was made possible
after a fierce competition among bidders for control in the
company. Initial offers from potential bidders for Hertz in its
bankruptcy offered nothing for equity. Hertz in May 2021 selected
investment firms Knighthead Capital Management LLC and Certares
Management LLC, joined by other investors including Apollo Global
Management Inc. and a group of existing shareholders, as the
winning bidders for control of the bankrupt company. A rival group
that included Centerbridge Partners LP, Warburg Pincus LLC and
Dundon Capital Partners LLC was outbid at auction.
Hertz's Plan eliminated over $5 billion of debt, including all of
Hertz Europe's corporate debt, and will provide more than $2.2
billion of global liquidity to the reorganized Company. Hertz also
emerged with (i) a new $2.8 billion exit credit facility consisting
of at least $1.3 billion of term loans and a revolving loan
facility, and (ii) an $7 billion of asset-backed vehicle financing
facility, each on favorable terms.
HIGHER GROUND: Court Extends Cash Collateral Access to May 14
-------------------------------------------------------------
Higher Ground Empowerment Center Church, Inc. received another
extension from the U.S. Bankruptcy Court for the Northern District
of Georgia, Atlanta Division, to use cash collateral.
The bankruptcy court authorized the church's interim use of cash
collateral for the period from April 22 to May 14 to pay the
expenses set forth in its budget and ordered the church to deliver
to the Subchapter V trustee $1,000 per month from the cash
collateral for the application against her approved fees.
The court previously allowed the church to access its secured
creditor's cash collateral for the interim period from April 10 to
16.
Secured creditor, the U.S. Small Business Administration, will be
provided with protection in the form of a valid and properly
perfected lien on all property acquired by the church after its
Chapter 11 filing that is similar to its pre-bankruptcy
collateral.
As additional protection, SBA will continue to receive a monthly
payment of $2,207.
A final hearing is scheduled for May 14.
About Higher Ground Empowerment
Higher Ground Empowerment Center Church, Inc. is a non-profit
church located in the Vine City neighborhood of Atlanta, Ga.
The Debtor filed its voluntary petition for relief under Chapter 11
of the Bankruptcy Code (Bankr. N.D. Ga. Case No. 24-51362) on Feb.
5, 2024, listing $1 million to $10 million in assets and $500,001
to $1 million in liabilities.
Judge Sage M. Sigler oversees the case.
The Debtor is represented by:
Benjamin R Keck, Esq.
Keck Legal, LLC
Tel: 470-826-6020
Email: bkeck@kecklegal.com
HOWARD MIDSTREAM: S&P Affirms 'BB-' ICR on Strategic Transactions
-----------------------------------------------------------------
S&P Global Ratings affirmed its 'BB-' issuer credit rating on
Howard Midstream Energy Partners LLC (HEP). At the same time, S&P
affirmed its issue-level rating on HEP's senior unsecured notes at
'B+.' The '5' (25%) recovery rating is unchanged.
The stable outlook reflects S&P's expectation that HEP will
maintain ample liquidity and adjusted EBITDA will be approximately
$330 million-$350 million 2025 and 2026 following the integration
of newly acquired assets and the completion of growth projects.
HEP has completed several strategic transactions over the past
year, which expand the scale of the business and will result in
higher cash flows. In April 2024, HEP acquired an additional 43% in
their Catalyst Midstream joint venture with Devon. These gathering
and processing assets in West Texas, giving them an advantaged
proximity to the ample supply of gas in the Permian. In September
2024, the company acquired a Steam Methane Reformer (SMR) at
Javelina for about $100 million. Acquiring the SMR gives HEP
complete ownership of hydrogen production consumed by CITGO and
other customers while also reducing expenses associated with the
process.
On Dec. 23, 2024, HEP closed the acquisition of 100% ownership of
EPIC Midstream' s ethylene pipeline, EPIC Olefins for $184 million.
EPIC Olefins is a 120-mile, 12-inch, bidirectional pipeline that
provides ethylene transportation between Gulf Coast Growth
Venture's ethane cracker in Corpus Christi, Texas and storage
facilities in Markham, Texas.
Finally, in February 2025, HEP closed on the acquisition of equity
interests in Midship Pipeline from a subsidiary of Cheniere Energy
Inc. The 200-mile FERC-regulated natural gas transmission pipeline
is located in the SCOOP and STACK plays in Oklahoma's Anadarko
Basin. HEP will assume operatorship on the pipeline, which has a
current capacity of 1.1 Bcf/d. Each of these strategic transactions
further improves HEP's scale and diversification, which will drive
EBITDA growth over our forecasted period.
S&P said, "We expect S&P Global Ratings-adjusted EBITDA will be
approximately $330 million-$350 million 2025 and 2026. EBITDA
growth will be driven mainly by South Texas G&P, West Texas G&P,
Port Arthur Terminal, and the Corpus Cristi assets, partially
offset by Northeast and Oklahoma gathering. We expect HEP's capex
budget to be smaller than in previous years, having completed
several growth projects in 2023 and 2024. We expect HEP to generate
at least at least $150 million in free operating cash flow over our
forecasted period. When HEP acquired the EPIC Olefins' pipeline,
they assumed about $118 million in asset level debt, which we
include in our consolidated credit ratios.
"As a result, we expect HEP's credit metrics to be slightly
elevated in 2025 compared with our previous expectations. However,
we expect leverage to improve in 2026, resulting from cash flow
growth. As a result, we expect debt to EBITDA to be 4.0x-4.5x in
2025, before improving to 3.5x–4.0x in 2026.
"We expect HEP to maintain a relatively conservative financial
policy. The company has a stated leverage target of below 4x and
has distributed minimal cash historically. Over the past couple of
years, the company has opportunistically issued senior unsecured
notes to repay existing debt. These transactions have been
leverage-neutral and have created additional borrowing capacity on
the RCF. We expect the company to continue to favor growth
initiatives and leverage reduction over distributions in the near
term.
"The stable outlook reflects our expectation that HEP will maintain
ample liquidity and adjusted EBITDA will be approximately $330
million-$350 million 2025 and 2026 following the integration of
newly acquired assets and the completion of growth projects. We
expect adjusted debt to EBITDA to be about 4.0x-4.5x in 2025 before
improving to 3.5x-4.0x in 2026.
"We could consider a negative rating action if the company sustains
operational underperformance or if delays to expansion projects
lead to elevated expenses, resulting in adjusted debt to EBITDA
remaining above 4.5x.
"We could consider a positive rating action if the company
materially increases its scale and diversity and sustains adjusted
debt to EBITDA below 3.5x."
HURRICANE GLASS: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------
Hurricane Glass, Inc. got the green light from the U.S. Bankruptcy
Court for the Southern District of Texas to use cash collateral.
The order penned by Judge Jeffrey Norman authorized the company's
interim use of cash collateral to pay its expenses until
confirmation of a bankruptcy plan or conversion of its Chapter 11
case to one under Chapter 7.
The company's 30-day budget shows total projected expenses of
$113,429.08.
As protection, the U.S. Small Business Administration, Itria
Ventures, LLC and CHTD Company/Swift Financial will continue to
have the same liens and security interests in the cash collateral
generated after the company's Chapter 11 filing.
As additional protection, Hurricane Glass was ordered to keep the
lenders' collateral insured, and to maintain accounts receivable
and other assets that constitute cash collateral in an amount no
less than $107,000.
About Hurricane Glass Inc.
Hurricane Glass, Inc. operates a residential and commercial glass
company.
Hurricane Glass filed Chapter 11 petition (Bankr. S.D. Texas Case
No. 25-31809) on March 31, 2025, listing up to $100,0000 in assets
and up to $1 million in liabilities. Todd Carter, president of
Hurricane Glass, signed the petition.
Judge Jeffrey P. Norman oversees the case.
Reese Baker, Esq., at Baker & Associates, represents the Debtor as
legal counsel.
Itria Ventures is represented by:
Constantine Z. Pamphilis, Esq.
Sara E. Wolfe, Esq.
Kasowitz Benson Torres, LLP
1415 Louisiana Street, Suite 2100
Houston, TX 77002
Phone: (713) 220-8800
Fax: (713) 222-0843
DPamphilis@kasowitz.com
SWolfe@kasowitz.com
INVENERGY THERMAL: S&P Assigns Prelim 'BB' Rating on Secured Debt
-----------------------------------------------------------------
S&P Global Ratings assigned its preliminary 'BB' project finance
issue rating and '1+' recovery rating to Invenergy Thermal
Operating I LLC's (ITOI) proposed $725 million term loan B and $50
million term loan C due in May 2032. S&P does not rate the proposed
$150 million revolving credit facility due May 2030.
The preliminary '1+' recovery rating indicates S&P's expectation
for full recovery (100%) in a default scenario.
ITOI will use the net proceeds to repay its existing term loan B
($246 million outstanding), fund a sponsor distribution (about $459
million), and pay transaction costs.
S&P said, "Under our base case, we include an additional $75
million of incremental permitted debt that requires rating agency
affirmation at a 'BB-' rating under the proposed terms, for a total
$800 million term loan B.
"Our 'BB' senior secured debt rating is based on moderate leverage
and strong expected cash flow sweeps, supported by the Grays Harbor
plant's tolling agreement and stable cash flow contributions from
the Nelson, Nelson Expansion (NEX), and St. Clair plants over the
next 12-24 months.
"The stable outlook reflects that ITOI will generate robust cash
flow available for debt service (CFADS) over the next 12-24 months
based on mostly contracted capacity via the Grays Harbor tolling
agreement until 2027, cleared PJM capacity auction, and St. Clair
long-term contract. We forecast debt service coverage ratios (DSCR)
above 2.5x during the term loan B period. Our minimum DSCR of 2.11x
occurs during the post-refinancing and merchant period. We estimate
$300 million-$310 million of the TLB will be outstanding at
maturity in May 2032."
ITOI is the borrower under the term loan B, term loan C, and
revolving credit facility. The ultimate owners of ITOI are
Invenergy Clean Power LLC and Infrabridge Global Infrastructure
Fund Platform, each with half of the holding company. ITOI wholly
owns a 2.3-gigawatt (GW) portfolio of four operating gas-fired
electricity power plants in three North American Electric
Reliability Corp. regions. The portfolio comprises:
-- Grays Harbor, a contracted 650-megawatt (MW) combined-cycle gas
turbine (CCGT) plant in Washington (Mid-Columbia, Northwest Power
Pool region). Its tolling agreement with Puget Sound Energy Inc.
runs until December 2027 with options to extend until March 2030.
S&P expects Grays Harbor will account for about 60% of ITOI's cash
flow.
-- Nelson, a mostly merchant 609 MW CCGT in Illinois--Commonwealth
Edison (ComEd) zone and Pennsylvania-New Jersey-Maryland (PJM)
Interconnection region--has a power purchase contract with WPPI
Energy for 15.6% of capacity until June 2037. S&P expects it to
account for about 20% of ITOI's cash flow.
-- NEX, co-tenant of Nelson, is a mostly merchant 380 MW
dual-fueled simple-cycle gas turbine with 951,780 gallons of fuel
storage on site. S&P expects NEX to account for about 12% of ITOI's
cash flow.
-- St. Clair Power L.P., a fully contracted 654 MW CCGT in the
Canadian province of Ontario, with a power purchase agreement
(contract for differences) with the Independent Electric System
Operator (IESO) that runs until April 2035, subject to an advanced
gas path upgrade in late 2025. S&P expects St. Clair will
contribute less than 10% of ITOI's cash flow.
S&P believes that higher cash flow from Grays Harbor and a cash
sweep structure mitigate the debt burden and refinancing risk.
ITOI's proposed $800 million term loan B (including $75 million of
permitted debt subject to rating affirmation at a 'BB-' rating and
maximum leverage of 3x) is threefold the current term loan B
outstanding of $246 million. The 'BB' senior secured rating on
ITOI's debt is supported by the lucrative physical tolling
agreement of Grays Harbor, which provides $127 million of annual
average CFADS until the end of 2027, compared with $65 million in
2024, when the plant was merchant. S&P forecasts Grays Harbor will
account for about 60% of CFADS during the forecast period and
remain a key contributor to the portfolio cash flow after the
contract expires in 2027.
S&P said, "We believe the Pacific Northwest power market will
require firm and reliable generation during its energy transition
period (2025-2045). Efficient assets such as Grays Harbor will
benefit from favorable spark spreads and increased demand at least
until the mid-2030s. We estimate that about 80% of the portfolio's
gross margin during 2025-2027 is fixed through Grays Harbor's
tolling agreement, Nelson's and NEX's cleared capacity for the
2025-2026 PJM auction, and St. Clair's contracted capacity, which
provides distributions to ITOI. We expect that after 2027, only
about 9% will be contracted, if the tolling agreement at Gray's
Harbor are not renewed. Under our base case, we do not assume that
it will, but acknowledge that it remains likely, given the state of
the Pacific Northwest market and the need for load-serving entities
to meet obligations with a finite number of firm and efficient
generation sources. Beyond 2027, we model a $15/kW-month, all-in
merchant price, slightly lower than the contract extension price."
S&P Global Ratings' all-in price includes a bilateral component of
$5-$6/kW-month, which represents additional revenue required to
spur new plant development or delayed retirement of plants to
maintain reliability. Given that the Pacific Northwest lacks
structured wholesale markets or administered capacity markets,
reaching $15/kW-month assumes Grays Harbor will contract its
capacity bilaterally at $5-$6/KW-month after 2027. Because Grays
Harbor has executed similar bilateral contracts and recently
achieved an all-in energy margin price of $15-$16/kW-month in 2024,
S&P assumes a similar all-in price, but below the contract renewal
price.
S&P said, "Our minimum DSCR of 2.11x occurs during the merchant and
post-term loan B period when we expect $300 million-$310 million of
the residual outstanding at maturity will be fully amortized until
2042, the end of assumed project life. We believe the uncertain
market conditions during the merchant phase of the portfolio
(2028-2042) and refinancing risk are partially mitigated by the
moderate debt burden. The proposed term loan B requires a 50% cash
flow sweep for leverage above 2.25x, reduced to 25% otherwise, and
increased to 75% if leverage is greater than 4x. Even though this
is less stringent than the previous debt structure, we expect the
project will sweep about $435 million during the term loan B
period, more than 50% of the original debt issue, reducing
refinancing risk. We note the project may refinance the facility,
whereas we consider a fully amortizing structure, albeit sculpted
to project cash flow.
"We expect strong PJM capacity prices in the 2026-2027 auction
period and tailwinds from increased power demand. Expected capacity
retirements and data center proliferation in PJM should provide
stable contributions for Nelson and NEX in the near term. We now
expect these assets will contribute about 30% of ITOI's CFADS,
compared with about 60% previously. This is mainly due to Grays
Harbor's capacity contract. We expect 2026-2027 PJM capacity
auction will clear a ComEd region price at about $250/MW-day
following the $269.93/MW-day cleared in the 2025-2026 auction, in
which Nelson and NEX operate. Nelson cleared 405 MW and NEX cleared
248 MW (including bilateral capacity contracts) for the PJM
2025-2026 auction period, which translates to about $40 million in
capacity revenues for 2025 and $60 million in 2026.
"We expect Nelson will achieve about 60% capacity factor in the
near term, driven by increased demand, but we anticipate it to drop
to 40%-45% toward the end of its asset life as renewable generation
reduces market heat rates. We expect Nelson's clean spark spreads,
including hedges, will be about $12.70/MWh in 2025 based on forward
power prices and historical performance. Nelson has hedged about
40% of its annual capacity at a weighted-average $13.47/kWh in
2025, higher than in 2024. We expect clean spark will be
$13-$14/MWh because the asset will operate less often, but we
expect it to capture higher prices toward the end of its life. We
project Nelson will generate annual average CFADS of about $33
million until 2030 and $25 million-$30 million after that.
"We expect NEX will operate at a capacity factor of between 15%-20%
until 2030 due to our expectation for increased demand and
near-term shortage of capacity. After 2030, we expect NEX's
capacity factor to decline gradually to around 10% for the rest of
the asset life in 2040 due to Climate and Equitable Jobs Act rules
that limit gas plant carbon emissions through a cap on generation.
NEX will generate most of its gross margin from capacity revenues,
which we expect will average 60% over the project life. We expect
NEX will generate about $20 million in CFADS in the near term,
declining to $15 million-$20 million toward the end of its life. We
expect NEX's average clean spark spread will be about $20/MWh. NEX
could provide a potential upside in cash flow during peak demand
because the plant could capture higher sparks than Nelson given its
dual-fuel operation and 32 hours of storage capacity.
"We expect increased cash flow distributions from St Clair due to
improved efficiency after the advanced gas path upgrade. We expect
about $15 million annual distributions due to improved efficiency
of the plant and lower debt service payments leading to higher
DSCRs (1.80x). Under St. Clair's long-term contract for the
differences with the Ontario Power Authority, the contract heat
rate requirement is 7,600 Btu/kWh. After the upgrade, we expect the
asset will operate at a heat rate closer to 7,100 Btu/kWh, leading
to additional cash flow based on the imputed revenue model. Given
our estimate of St. Clair's cash flow, as well as its debt service
payments, we expect distributions will account for less than 10% of
ITOI's cash flow. St. Clair will add approximately C$91 million to
its outstanding debt to pay for the upgrade. We forecast St.
Clair's capacity factor will be about 44%, in line with historical
generation, and decline gradually by 2035 given Ontario's
commitment to maintain the nuclear fleet by refurbishing the Bruce,
Darlington, and Pickering plants along with the entry of low
marginal cost renewable generation. The IESO region relies heavily
on hydroelectric and nuclear generation, accounting for 60% of the
reliability mix. While St. Clair is a relatively efficient CCGT
(expected to operate at 7,100 Btu/kWh), it sits higher on the
dispatch curve given the region's large composition of nonthermal
generation. The debt at St. Clair fully amortizes by the end of the
contract, so there is no refinancing risk.
"The stable outlook on ITOI's debt reflects our expectation of
robust cash flow over the next 12-24 months because of Grays
Harbor's tolling contract and more contributions from the other
assets. We expect the project will achieve DSCRs above 2.5x during
the term loan B period. In the post-TLB period, we expect portfolio
cash flow will gradually decline because we assume all merchant
assets in the portfolio will become less competitive due to the
entry of more efficient technology and renewable generation,
reducing production and cash flow. Our minimum DSCR of 2.11x occurs
during the post-TLB and merchant period, when we assume a fully
amortizing structure at a relatively higher interest margin."
S&P could lower its rating on ITOI's debt if a combination of these
factors reduces minimum DSCRs to less than 1.8x on a sustained
basis:
-- Lower-than-expected operating performance of Grays Harbor,
reducing capacity payments.
-- Lower-than-expected realized energy margin or weaker demand
from the rest of the merchant assets because of a less favorable
market outlook.
-- Increased leverage, which would weaken the portfolio's
creditworthiness.
S&P said, "We cap the rating at the credit profile of St. Clair,
where a bankruptcy filing would cause a cross-default and potential
acceleration of the ITOI debt. We assess St. Clair's credit profile
regularly. Meaningful deterioration could prompt us to lower the
rating on the ITOI even with compensating improvements in other
portfolio assets, although St. Clair's credit quality does not
limit the rating at this stage.
"Given the project's exposure to merchant risks and long dated
uncertainties (asset life risk, secular changes in generation
demand and supply, etc.), we believe a likely path to an upgrade
will come from considerable deleveraging. As such, we would require
a minimum DSCR of at least 3x through the project life, including
the post-term loan B period."
IRWIN NATURALS: Unsecureds Unimpaired in in Two-Option Plan
-----------------------------------------------------------
Irwin Naturals and affiliates submitted a Second Amended Disclosure
Statement describing Second Amended Plan of Reorganization dated
March 31, 2025.
The Plan is a reorganizing plan which will be funded by (i) exit
financing or (ii) a full equity investment. The Plan provides for
Irwin Nevada's and 5310's emergence from their chapter 11
bankruptcy cases as the "Reorganized Debtors", which the Debtors
anticipate will occur in June 2025.
Under the Plan, the Debtors will satisfy their debt and other
claims and interests as set forth in Article III. The Debtors are
solvent and all allowed claims will be paid in full on or shortly
after the Effective Date. The Plan has been designed to (i)
position the Reorganized Debtors to succeed following bankruptcy,
and (ii) maximize return to creditors and interest holders.
After confirmation of the Plan, Irwin Nevada will continue
operating its nutraceutical business that it has successfully
operated since its inception in 1994, and 5310 will remain a
subsidiary of Irwin Nevada that holds the majority of the Debtors'
intellectual property. This Plan proposes two paths, either of
which will enable the Debtors to pay all allowed claims in full
within fourteen days of the Effective Date.
* First Scenario: The Debtors obtain exit financing in an
amount sufficient to fund the payment of all allowed claims on or
shortly after the Effective Date. The Debtors will identify their
exit financing lender(s) and the terms of the exit financing seven
days before the hearing on the Disclosure Statement. Through this
version of their Plan, the Debtors will dissolve Irwin Canada and
DAI, and any assets owned or controlled by Irwin Canada or DAI will
be assigned to Irwin Nevada. If the Debtors are able to obtain exit
financing, existing Irwin Canada shareholders will obtain their
equivalent stock interest in Irwin Canada in Irwin Nevada.
* Second Scenario: If the Debtors are unable to secure exit
financing, then the Debtors will identify a new equity investor who
will be acquiring 100% of Irwin Nevada's equity interests by filing
a pleading one week before the Disclosure Statement hearing. In
this scenario, all operating assets of Irwin Canada will be
assigned to Irwin Nevada, and Irwin Canada and DAI will be
dissolved. A Liquidating Trust will be formed as of the Effective
Date, with the appointment of a Liquidating Trustee, that will
administer and liquidate all remaining non-operating assets of the
Debtors, including, but not limited to, Cash from the New Value
Contribution and Causes of Action that are not included in the
equity sale. The Liquidating Trust will, among other things, pay
all Allowed Claims in full as set forth in the Plan, oversee and
prosecute objections to claim, administer the Estates until the
closing of these cases, and pursue, as appropriate, Causes of
Action on behalf of Equity Holders.
The Plan provides for a reorganization which dissolves two
entities, Irwin Canada and DAI, with Irwin Nevada and 5310 as the
remaining entities, and an assignment of any assets of the
dissolved entities to the remaining entities and, as appropriate,
to the Liquidating Trust. Through the Plan, the Debtors will pay
all allowed claims in full.
Through the Plan, (a) if exit financing is secured, the existing
public shareholders of Irwin Canada will obtain a direct ownership
interest in Irwin Nevada or, in the alternative, (b) if there is a
new equity investor, the existing shares of Irwin Nevada, DAI and
Irwin Canada will be cancelled and the new equity investor will
acquire 100% of the equity of Irwin Nevada on the Effective Date.
Class 3 consists of General Unsecured Claims [Excluding Insider
Claims]. Estimated at approximately $5 to $6 million. Allowed
General Unsecured Claims will be paid in full within fourteen days
of the Effective Date (assuming the Reorganized Debtor is in
possession of a W-9 for each creditor holding an Allowed Claim).
Interest shall accrue at 14% commencing on the Petition Date on all
Allowed General Unsecured Claims.
Upon resolution of the Debtors' objections to disputed General
Unsecured Claims, the respective claimants shall be paid their
Allowed General Unsecured Claim in full within ten days of a final
order allowing such claim. Class 3 is unimpaired.
Class 4 consists of General Unsecured Claim of Insider Klee Irwin
($1 million). If the Debtors obtain exit financing, then this claim
shall carryover and will not be paid. If there is a new equity
investor, this claim will be paid in full within fourteen days of
the Effective Date.
Class 5 consists of General Unsecured Claim of Insider Mark Green
($1 million claim upon a New Equity Investor acquiring 50% or more
of Irwin Nevada's shares). If the Debtors successfully obtain exit
financing, then this claim is $0 and no amounts are owed. If there
is a new equity investor, Mr. Green, the Debtors' Chief Financial
Officer, is entitled to a $1 million general unsecured claim and
payment in full will be made within fourteen days of the Effective
Date.
The Debtors, with the assistance of Essex Capital, are pursuing
exit financing that will allow them to pay all Allowed Claims in
full. If the Debtors obtain Exit Financing under Option (c), then
all Allowed Claims will be in full within fourteen days of the
Effective Date (for Undisputed Claims) or within fourteen days of a
Disputed Claim becoming an Allowed Claim. Only Holders of Allowed
Claims who have submitted a W-9 shall be eligible for a
Distribution.
A full-text copy of the Second Amended Disclosure Statement dated
March 31, 2025 is available at https://urlcurt.com/u?l=7vT7ea from
Omni Agent Solutions, Inc., claims agent.
Counsel to the Debtors:
David M. Poitras, Esq.
Susan K. Seflin, Esq.
Jessica S. Wellington, Esq.
BG LAW LLP
21650 Oxnard Street, Suite 500
Woodland Hills, CA 91367
Telephone: (818) 827-9000
Facsimile: (818) 827-9099
Email: dpoitras@bg.law
sseflin@bg.law
jwellington@bg.law
About Irwin Naturals
Irwin Naturals is a provider of business support services.
Irwin Naturals and affiliates, 5310 Holdings, LLC, DAI US HoldCo,
Inc. and Irwin Naturals, Inc., filed Chapter 11 petitions (Bankr.
C.D. Calif. Lead Case No. 24-11323) on Aug. 9, 2024. At the time
of the filing, Irwin Naturals reported $10 million to $50 million
in both assets and liabilities.
Judge Victoria S. Kaufman oversees the cases.
The Debtors tapped BG Law, LLP as bankruptcy counsel; Beach,
Freeman, Lim & Clelland, LLP as accountant; Province, LLC as
financial advisor; and Marula Capital Group, LLC as valuation
consultant. Omni Agent Solutions, Inc., is the Debtors'
administrative agent.
The U.S. Trustee for Region 16 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases. The
committee is represented by Golden Goodrich, LLP.
JEFFERSON CAPITAL: Fitch Assigns BB-(EXP) Rating on Unsec. Notes
----------------------------------------------------------------
Fitch Ratings expects to assign a rating of 'BB-(EXP)' to Jefferson
Capital Holdings, LLC's (Jefferson) proposed senior unsecured notes
issuance. The amount, coupon and final maturity will be determined
at the time of issuance.
Proceeds from the contemplated issuance are expected to be used to
repay outstanding balances of its revolving credit facility and for
general corporate purposes.
Key Rating Drivers
The expected rating on the proposed senior unsecured notes is
equalized with Jefferson's existing unsecured debt as the issuance
will rank equally in the capital structure. The senior unsecured
debt rating is equalized with Jefferson's 'BB-' Long-Term Issuer
Default Rating (IDR), reflecting its largely unsecured funding mix
and Fitch's expectation of average recovery prospects under a
stressed scenario.
Fitch does not expect the debt issuance to have any meaningful
impact on the company's leverage profile, as proceeds are expected
to be used primarily to pay down the outstanding revolving credit
facility. While leverage (gross debt-to-adjusted EBITDA) increased
to 2.8x at YE24 due to an increase in debt to fund the Conn's
portfolio acquisition in December 2024, leverage subsequently
declined to approximately 2.2x in March 2025 supported by strong
cash collections.
Pro forma for the contemplated unsecured issuance, leverage is
expected to remain relatively stable and within Jefferson's stated
target of 2.0x-2.5x. Gross debt to tangible equity was 3.8x at YE24
and remains below Fitch's 5x downgrade trigger.
Jefferson's ratings reflect its growing franchise within the debt
purchasing sector, where it benefits from a recognized market
position in the U.S., a leading franchise in Canada and a growing
presence in the U.K. and Latin America, its diversification across
secured and unsecured asset classes, and consistent
through-the-cycle operating history via predecessor entities. The
ratings also reflect Jefferson's solid operating performance,
conservative leverage profile relative to peers and limited
near-term refinancing risk.
Rating constraints include Jefferson's small scale relative to
top-tier peers, its monoline business model primarily servicing
charged-off debt, and its private equity ownership which can yield
uncertainty around strategic and financial policy as well as
long-term shareholder commitment. Additional constraints include
the company's reliance on internal modelling for portfolio
valuations and associated metrics such as estimated remaining
collections and potential regulatory scrutiny associated with the
consumer collections businesses.
The Stable Rating Outlook reflects Fitch's expectation that
Jefferson will maintain gross debt-to-adjusted EBITDA at or below
2.5x and tangible leverage below 5x, solid cash efficiency and
profitability, stable funding access, and adequate liquidity.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- A sustained increase in debt/adjusted EBITDA above 2.5x or
debt/tangible equity above 5.0x, resulting from material
deterioration of operating performance, an increase in debt-funded
acquisitions, and/or a material increase in shareholder
distributions;
- Failure to maintain a diverse funding profile and/or a sustained
shift to a largely secured balance sheet funding model;
- A weakening in asset quality, as reflected in acquired debt
portfolios significantly underperforming anticipated returns or
repeated material write-downs in expected recoveries;
- An adverse operational event or significant disruption in
business activities (arising from regulatory intervention in key
markets and/or a severe deterioration in consumer financial health
adversely impacting collection activities), thereby undermining
franchise strength and business-model resilience.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- A sustained enhancement of scale and franchise strength relative
to peers and demonstrated earning resilience through the current
economic cycle;
- Further diversification of the funding profile and maintenance of
an unsecured debt funding mix at greater than 40% of total debt on
a sustained basis;
- Leverage maintained consistently below 2x through the cycle on a
debt/adjusted EBITDA basis and below 4x on a debt/tangible equity
basis.
DEBT AND OTHER INSTRUMENT RATINGS: KEY RATING DRIVERS
Jefferson's expected senior unsecured debt rating is equalized with
its Long-Term IDR, reflecting Fitch's expectation of average
recovery prospects under a stressed scenario. The negative impact
from an increase in secured funding in a priority position is
offset by relatively low leverage.
DEBT AND OTHER INSTRUMENT RATINGS: RATING SENSITIVITIES
Jefferson's expected senior unsecured debt rating is primarily
sensitive to changes in the company's Long-Term IDR and secondarily
to the funding mix and recovery prospects on the unsecured debt. A
material increase in the proportion of secured debt, which weakens
recovery prospects for unsecured debtholders in a stressed
scenario, could result in the unsecured debt rating being notched
down from the IDR.
Date of Relevant Committee
21 June 2024
ESG Considerations
Jefferson Capital Holdings LLC has an ESG Relevance Score of '4'
for Customer Welfare - Fair Messaging, Privacy & Data Security due
to the importance of fair collection practices and consumer
interactions and the regulatory focus on them, which has a negative
impact on the credit profile, and is relevant to the ratings in
conjunction with other factors.
Jefferson Capital Holdings LLC has an ESG Relevance Score of '4'
for Financial Transparency due to the significance of internal
modelling to portfolio valuations and associated metrics such as
estimated remaining collections, which has a negative impact on the
credit profile, and is relevant to the ratings in conjunction with
other factors. These are features of the debt purchasing sector as
a whole and not specific to the company.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating
----------- ------
Jefferson Capital
Holdings LLC
senior unsecured LT BB-(EXP) Expected Rating
JOANN INC: Proposes $1.3MM Ohio Closure Agreement w/ Union Workers
------------------------------------------------------------------
Vince Sullivan of Law360 Bankruptcy Authority reports that Joann
Inc., the bankrupt crafting supply company, offered a proposal on
April 28, 2025 to unionized workers at its Ohio distribution
center, providing $1.3 million in severance and unused time-off pay
for staying on the job until the facility closes.
About Joann Inc.
JOANN operates in the fabric and sewing industry with one of the
largest assortments of arts and crafts products. JOANN has
transformed itself into a fully-integrated, digitally-connected
omni-channel retailer.
JOANN reported a net loss of $200.6 million for the year ended Jan.
28, 2023.
On March 18, 2024, JOANN Inc. and 9 affiliates filed voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. D. Del. Lead Case No. 24-10418). JOANN listed
$2,257,700,000 in assets against $2,440,700,000 in liabilities as
of Oct. 28, 2023.
Judge Craig T. Goldblatt oversees the case.
The Debtors tapped Latham & Watkins, LLP as legal counsel; Houlihan
Lokey Capital, Inc. as investment banker; and Alvarez & Marsal
North America, LLC, as financial advisor. Kroll Restructuring
Administration, LLC is the noticing agent.
JOANN Inc., on April 30, 2024 successfully emerged from its
court-supervised financial restructuring process.
2nd Attempt
Joann Inc. sought voluntary Chapter 11 petition for the second time
under U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25 10068) on
Jan. 15, 2025.
Kirkland & Ellis is serving as legal counsel to JOANN, with
Centerview Partners LLC serving as financial advisor and Alvarez &
Marsal North America, LLC serving as restructuring advisor.
KENTUCKY INVESTMENT: Voluntary Chapter 11 Case Summary
------------------------------------------------------
Debtor: Kentucky Investment Holdings LLC
1049 South Lake Drive
Prestonsburg, KY 41653
Chapter 11 Petition Date: April 29, 2025
Court: United States Bankruptcy Court
Eastern District of Kentucky
Case No.: 25-70165
Judge: Hon. Gregory R Schaaf
Debtor's Counsel: Noah Friend, Esq.
NOAH R FRIEND LAW FIRM
PO Box 310
London KY 40741
Tel: (606) 369-7030
E-mail: noah@friendlawfirm.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
Paul Allen Lafferty signed the petition as member.
The Debtor submitted a list of its 20 largest unsecured creditors,
but the list was left blank.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/AQFDU3Q/Kentucky_Investment_Holdings_LLC__kyebke-25-70165__0001.0.pdf?mcid=tGE4TAMA
KNIGHTSCOPE INC: Net Loss Widens to $31.73 Million in 2024
----------------------------------------------------------
Knightscope, Inc. reported a net loss of $31.73 million on $10.81
million in revenue for the year ending Dec. 31, 2024, marking a
decline from the previous year's net loss of $22.12 million on
$12.80 million in revenue, according to the Company's most recent
Form 10-K filing with the Securities and Exchange Commission.
Knightscope has incurred net losses since inception. As of Dec.
31, 2024, it had an accumulated deficit of $193.2 million. Cash
and cash equivalents on hand were $11.1 million as of Dec. 31,
2024, compared to $2.3 million as of Dec. 31, 2023. As of Dec. 31,
2024, the Company had $28.19 million in total assets, $12.40
million in total liabilities, and $15.78 million in total
stockholders' equity.
Knightscope stated it requires additional funding to maintain
operations and tackle both challenges and opportunities in the
business. This includes the development of new products,
improvement of existing products, upgrades to its operating
infrastructure, and potential acquisitions of complementary
businesses and technologies. As a result, the Company plans to
pursue equity or debt financings, including its current
at-the-market offering program, to secure the necessary funds.
The Company warned that any future debt financing could come with
restrictive covenants regarding its capital raising efforts and
other financial and operational matters. These restrictions may
complicate the Company's ability to secure additional capital and
pursue business opportunities.
In an audit report dated March 31, 2025, the Company's independent
auditor, BPM LLP, issued a "going concern" qualification, citing
that the Company's recurring losses from operations, available cash
and cash used in operations raise substantial doubt about the
Company's ability to continue as a going concern.
"There can be no assurance that the Company will be successful in
acquiring additional funding at levels sufficient to fund its
future operations," the Company acknowledged in the report.
"Management's plans include seeking additional financing, such as
issuances of equity and issuances of debt and/or convertible debt
instruments. Sales of additional equity securities, convertible
debt and/or warrants by the Company could result in the dilution of
the interests of existing stockholders."
The Company cautioned that if it cannot raise enough capital or
secure favorable terms, it may need to significantly cut back
operations, delay or scale down platform development, or
potentially halt operations entirely.
The complete text of the Form 10-K is available for free at:
https://www.sec.gov/Archives/edgar/data/1600983/000155837025004171/kscp-20241231x10k.htm
About Knightscope
Headquartered in Mountain View, CA, Knightscope develops AI-driven
robotics and security solutions aimed at enhancing public safety.
The Company's offerings include Autonomous Security Robots (ASRs),
emergency communication devices, and a cloud-based monitoring
platform called the Knightscope Security Operations Center (KSOC).
Knightscope provides scalable, 24/7 protection for organizations
through advanced AI detection and real-time monitoring.
LABOR LAW: Scott Chernich Named Subchapter V Trustee
----------------------------------------------------
The U.S. Trustee for Regions 3 and 9 appointed Scott Chernich as
Subchapter V trustee for Labor Law Poster Service, LLC.
Mr. Chernich will be paid an hourly fee of $375 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Chernich declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Scott A. Chernich
313 S. Washington Square
Lansing, MI 48933
517-371-8133
Email: schernich@fosterswift.com
About Labor Law Poster Service
Labor Law Poster Service, LLC filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. W.D. Mich.
Case No. 25-00924), listing $100,001 to $500,000 in assets and
$50,000 in liabilities.
Judge John T Gregg presides over the case.
Anthony J. Kochis, Esq. at Wolfson Bolton Kochis, PLLC represents
the Debtor as counsel.
LAID RIGHT SITE: Case Summary & 20 Largest Unsecured Creditors
--------------------------------------------------------------
Debtor: Laid Right Site Development, Inc.
1500 Clarence McKeithen Rd
Sanford NC 27330
Business Description: Laid Right Site Development, Inc. is a site
development contractor specializing in
grading and utility services. The Company
operates in North Carolina, with locations
in Jefferson and Sanford. Its services
support infrastructure and construction
projects across the region.
Chapter 11 Petition Date: April 30, 2025
Court: United States Bankruptcy Court
Eastern District of North Carolina
Case No.: 25-01607
Debtor's Counsel: JM Cook, Esq.
J.M. COOK, P.A.
5886 Faringdon Place Suite 100
Raleigh NC 27609
Tel: 919-675-2411
Email: j.m.cook@jmcookesq.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $0 to $50,000
The petition was signed by Donald Baynes as vice president.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/WH4HXDI/LAID_RIGHT_SITE_DEVELOPMENT_INC__ncebke-25-01607__0001.0.pdf?mcid=tGE4TAMA
MAJESTIC MOTORS: Stephen Gray Named Subchapter V Trustee
--------------------------------------------------------
The U.S. Trustee for Region 1 appointed Stephen Gray of Gray &
Company, LLC as Subchapter V trustee for Majestic Motors, Inc.
Mr. Gray will be paid an hourly fee of $900 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Gray declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Stephen S. Gray
Gray & Company, LLC
207 Union Wharf
Boston, MA 02109
(617) 875-6404
Email: ssg@grayandcompanyllc.com
About Majestic Motors
Majestic Motors, Inc. sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Mass. Case No. 25-10654) on April
1, 2025, with $50,001 to $100,000 in assets and $500,001 to $1
million in liabilities.
Barry R. Levine, Esq. represents the Debtor as legal counsel.
MANA GROUP: Gets Final OK to Use Cash Collateral
------------------------------------------------
Mana Group Pharmacies, LLC received final approval from the U.S.
Bankruptcy Court for the Northern District of Texas, Dallas
Division, to use cash collateral.
The final order authorized the company's continued use of cash
collateral until the confirmation of its Chapter 11 plan or the
expiration of its exclusive period to file such plan, whichever
comes first.
There are as many as nine different creditors that may be asserting
a security interest in the company's personal property, which
consists of inventory, accounts receivable, equipment, and
furniture and fixtures. The company's personal property has a total
estimated value of $145,894.
As protection for the company's use of their cash collateral, Live
Oak Banking Company and other secured creditors were granted
replacement liens, with the same priority as their pre-bankruptcy
liens.
As further protection, Live Oak will receive a monthly cash payment
of $5,000 on May 15; $10,000 in June and in July; and $16,713 in
August and in September.
Meanwhile, Heartland Global, Express Scripts and Compliant Pharmacy
Alliance were ordered to turn over any remaining funds in their
possession belonging to the bankruptcy estate.
About Mana Group Pharmacies
Mana Group Pharmacies, LLC, operating as Brown's Pharmacy, is an
independent, locally owned pharmacy in Irving, Texas, serving the
Irving, Las Colinas, and Greater Dallas-Fort Worth areas since
1973. The pharmacy focuses on providing personalized, friendly
customer service, distinguishing itself from larger chain
pharmacies. Services include prescription refills, compounding,
delivery, vaccines, wound care, MEDSYNC (medication
synchronization), and PakMyMeds (a free medication packaging
service). Additionally, the pharmacy acts as an Amazon Hub,
securely accepting and storing Amazon packages for customers.
Mana Group Pharmacies filed Chapter 11 petition (Bankr. N.D. Texas
Case No. 25-31057) on March 27, 2025, listing $332,938 in assets
and $4,952,261 in liabilities. Christopher Tapper, managing member
of Mana Group Pharmacies, signed the petition.
David R. Langston, Esq., at Mullin Hoard & Brown, L.L.P., is the
Debtor's legal counsel.
Live Oak Banking Company, as secured creditor, is represented by:
Kristin A. Zilberstein, Esq.
ZBS Law, LLP
30 Corporate Park, Suite 450
Irvine, CA 92606
Telephone: 714-848-7920
Fax Number: 714-908-7807
bankruptcy@zbslaw.com
MARIN SOFTWARE: Board OKs Plan of Dissolution and Liquidation
-------------------------------------------------------------
Marin Software Incorporated disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that the Company
commenced implementing an organizational restructuring and
reduction-in-force plan to further reduce the Company's operating
costs, which is expected to result in the reduction of the
Company's global employees by 20 employees, representing
approximately 30% of the Company's global employees as of March 31,
2025.
In addition, the Company expects to release approximately 9
independent contractors. The Company expects to substantially
complete the April 2025 Restructuring Plan by the end of the
quarter ending June 30, 2025.
The Company estimates that it will incur between approximately $0.4
million of cash expenditures in connection with the April 2025
Restructuring Plan, substantially all of which relates to severance
costs. The Company expects to recognize the majority of the pre-tax
restructuring charges by the end of the quarter ending June 30,
2025.
On April 10, 2025, the Company announced that its Board of
Directors has approved a Plan of Dissolution and Liquidation,
subject to the approval of Marin Software's stockholders.
Following a thorough review of strategic alternatives, the Board
has determined that an orderly wind-down of Marin Software's
operations is in the best interest of stockholders.
If the Plan of Dissolution is approved by stockholders, Marin
intends:
* to wind down and cease its remaining operations in an
orderly manner;
* to delist its shares of common stock from Nasdaq;
* to satisfy or resolve its outstanding liabilities and
obligations;
* to explore any further opportunities to dispose of some or
all of its assets; and
* to distribute any available net proceeds to stockholders.
Christopher Lien, Founder and Chief Executive Officer of Marin
Software, said: "On behalf of Marin Software, I want to thank our
customers, partners, team members, and stockholders for their
support over the years."
Marin Software expects to convene a special meeting of stockholders
during the second quarter of 2025 to seek approval of the Plan of
Dissolution, and will file proxy materials with the U.S. Securities
and Exchange Commission in the coming weeks. Subject to obtaining
stockholder approval, Marin Software will begin the dissolution
process in accordance with Delaware law.
About Marin Software
Marin Software Incorporated is a provider of digital marketing
solutions for search, social, and eCommerce advertising channels,
offered as a unified SaaS, advertising management platform for
performance-driven advertisers and agencies. The Company's platform
is an analytics, workflow, and optimization solution for marketing
professionals, enabling them to maximize the performance of their
digital advertising spend. The Company markets and sells its
solutions to advertisers directly and through leading advertising
agencies, and its customers collectively manage billions of dollars
in advertising spend on its platform globally across a wide range
of industries.
San Jose, California-based Grant Thornton LLP, the Company's
auditor since 2018, issued a "going concern" qualification in its
report dated Feb. 23, 2024, citing that the Company incurred a net
loss of $22 million during the year ended Dec. 31, 2023, and as of
that date, the Company had an accumulated deficit of approximately
$344 million and negative operating cash flows. These conditions,
along with other matters, raise substantial doubt about the
Company's ability to continue as a going concern.
The Company has yet to file its Annual Report on Form 10-K for the
fiscal year ended December 31, 2024.
MERCURITY FINTECH: Adopts 2025 Equity Incentive Plan
----------------------------------------------------
Mercurity Fintech Holding Inc. disclosed in a Form 6-K Report filed
with the U.S. Securities and Exchange Commission that it has
adopted a 2025 Equity Incentive Plan, as approved and authorized by
the board of directors of the Company, effective on March 28, 2025.
Under the 2025 Plan, the maximum aggregate number of shares of the
Company available for grant of awards is 6,300,000 ordinary shares.
The 2025 Plan will expire on the 10th anniversary of the effective
date.
A full-text copy of the Company's 2025 Equity Incentive Plan is
available at https://tinyurl.com/4ds3zkdh
About Mercurity
Formerly known as JMU Limited, Mercurity Fintech Holding Inc. is a
digital fintech company with subsidiaries specializing in
distributed computing and digital consultation across North America
and the Asia-Pacific region and is in the process of applying for
FINRA approval to add brokerage services to its business. The
Company's focus is on delivering innovative financial solutions
while adhering to principles of compliance, professionalism, and
operational efficiency. The Company's aim is to contribute to the
evolution of digital finance by providing secure and innovative
financial services to individuals and businesses.
Singapore-based Onestop Assurance PAC, the Company's auditor since
2023, issued a "going concern" qualification in its report dated
April 22, 2024, citing that the Company has incurred recurring
operating losses and negative cash flows from operating activities
and has an accumulated deficit, which raise substantial doubt about
its ability to continue as a going concern.
MZS PROPERTIES: Court Extends Cash Collateral Access to June 24
---------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois,
Eastern Division, extended MKZ Properties, LLC's authority to use
cash collateral from April 30 to June 24, in accordance with its
order.
A status hearing on the use of cash collateral is scheduled for
June 24, at 1:30 p.m.
About MZS Properties
MZS Properties, LLC filed Chapter 11 petition (Bankr. N.D. Ill.
Case No. 25-01523) on January 31, 2025, listing up to $500,000 in
both assets and liabilities. Mouzma Syed, manager of MZS
Properties, signed the petition.
Judge Jacqueline Cox oversees the case.
Bradley Foreman, Esq., at the Law Offices of Bradley H. Foreman,
P.C., represents the Debtor as bankruptcy counsel.
NAUTICA'S EDGE: Voluntary Chapter 11 Case Summary
-------------------------------------------------
Debtor: Nautica's Edge LLC
1503 Riveredge Drive
Atlanta, GA 30339
Business Description: Nautica's Edge LLC owns two properties in
Atlanta, Georgia. The first is a rental
home at 6550 Powers Ferry Rd NW, with an
estimated value of $915,000. The second is
a 3.52-acre undeveloped parcel at 6500
Powers Ferry Rd NW, valued at around
$750,000.
Chapter 11 Petition Date: April 29, 2025
Court: United States Bankruptcy Court
Northern District of Georgia
Case No.: 25-54710
Debtor's Counsel: Michael D Robl, Esq.
ROBL & BOWEN LLC
3754 LaVista Road
Suite 250
Tucker, GA 30084
Tel: 404-373-5153
Fax: 404-537-1761
Email: michael@roblgroup.com
Total Assets: $1,670,000
Total Liabilities: $505,000
The petition was signed by Dr. Sarvepalli Jokhai as manager.
The Debtor has declared in the petition that there are no unsecured
creditors.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/YEW3VBY/Nauticas_Edge_LLC__ganbke-25-54710__0001.0.pdf?mcid=tGE4TAMA
NEBRASKA BREWING: Seeks Subchapter V Bankruptcy in Nebraska
-----------------------------------------------------------
On April 28, 2025, Nebraska Brewing Co. filed Chapter 11
protection in the U.S. Bankruptcy Court for the District of
Nebraska. According to court filing, the Debtor reports between
$1 million and $10 million in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About Nebraska Brewing Co.
Nebraska Brewing Co. is a craft brewery based in La Vista,
Nebraska. The Company produces a variety of beers, including core,
seasonal, and barrel-aged offerings, and operates a taproom that
hosts public tastings and private events. Founded in 2007, the
brewery has earned multiple national awards for its products.
Nebraska Brewing Co. sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Neb. Case No. 25-80403)
on April 28, 2025. In its petition, the Debtor reports estimated
assets between $100,000 and $500,000 and estimated liabilities
between $1 million and $10 million.
Honorable Bankruptcy Judge Brian S. Kruse handles the case.
The Debtor is represented by Patrick R. Turner, Esq. at TURNER
LEGAL GROUP, LLC.
NEW FOCUS: Linda Leali Named Subchapter V Trustee
-------------------------------------------------
The U.S. Trustee for Region 21 appointed Linda Leali, Esq., as
Subchapter V trustee for New Focus Mental Health Solution, LLC.
Ms. Leali will be paid an hourly fee of $450 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Leali declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Linda M. Leali
Linda M. Leali, P.A.
2525 Ponce De Leon Blvd., Suite 300
Coral Gables, FL 33134
Telephone: (305) 341-0671, ext. 1
Facsimile: (786) 294-6671
Email: leali@lealilaw.com
About New Focus Mental Health
New Focus Mental Health is headquartered in Miami, Florida, which
provides supportive services to individuals with ongoing depression
and anxiety by providing a wide array of services to individuals
through its network of independent contractors and targeted case
managers. Such services include psychosocial rehabilitation
(assisting clients in gaining access to financial and insurance
benefits, employment, medical, social, education, and functional
services), and developing/implementing targeted service plans with
the goal of enhancing the client's inclusion in the community.
New Focus Mental Health sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-13613) on April 1,
2025, listing up to $50,000 in assets and between $100,001 and
$500,000 in liabilities.
Judge Laurel M. Isicoff presides over the case.
Jacqueline Calderin, Esq., at Agentis, PLLC represents the Debtor
as legal counsel.
OCEAN POWER: Signs Reseller Deal With Grava Hydro for USVs
----------------------------------------------------------
Ocean Power Technologies, Inc. announced that it signed a reseller
agreement with Grava Hydrographic Solutions LLC, a U.S.-based
specialist in hydrographic and oceanographic equipment integration
and services.
Under the agreement, Grava Hydro will expand the availability,
sales, and support of OPT's Unmanned Surface Vehicles (USVs), the
Wave Adaptive Modular Vessels (WAM-V), throughout the United
States.
Philipp Stratmann, CEO of Ocean Power Technologies, commented:
"Partnering with Grava Hydro represents a significant step in
strengthening our domestic reseller network. Their expertise in
hydrographic services and established customer relationships
position them as an ideal partner to showcase and deploy our WAM-V
technology in real-world environments."
The agreement is part of OPT's broader strategy to scale access to
its marine robotics portfolio through trusted channel partners,
delivering advanced capabilities for maritime data collection,
survey operations, and coastal monitoring applications.
About Ocean Power Technologies
Ocean Power Technologies, Inc. --
https://oceanpowertechnologies.com/ -- provides intelligent
maritime solutions and services that enable safer, cleaner, and
more productive ocean operations for the defense and security, oil
and gas, science and research, and offshore wind markets. The
Company's PowerBuoy platforms provide clean and reliable electric
power and real-time data communications for remote maritime and
subsea applications. The Company also offers WAM-V autonomous
surface vessels (ASVs) and marine robotics services. The Company's
headquarters is located in Monroe Township, New Jersey, with an
additional office in Richmond, California.
Iselin, New Jersey-based EisnerAmper LLP, the Company's auditor
since 2020, issued a "going concern" qualification in its report
dated July 25, 2024, citing that the Company has recurring net
losses and net cash flow used in operations that raise substantial
doubt about its ability to continue as going concern.
As of January 31, 2025, Ocean Power Technologies had $34.4 million
in total assets, $5.5 million in total liabilities, and $28.9
million in total shareholders' equity.
OCEAN POWER: Stays Operational Amid Global Supply Chain Challenges
------------------------------------------------------------------
Ocean Power Technologies, Inc. announced that it remains fully
operational and strategically positioned to navigate ongoing global
supply chain challenges, thanks to its majority domestic supply
chain and resilient workforce.
In light of recent global developments impacting international
logistics and raw material availability, OPT confirms that its
current inventory levels and procurement practices remain
unaffected. The Company does not anticipate any material impact on
inventory costs and continues to fulfill customer commitments on
schedule.
"Our strong domestic supply chain is a key differentiator for OPT,
particularly in times of global economic uncertainty," said Philipp
Stratmann, President and CEO of OPT. "We are proud to maintain a
fully U.S.-based workforce, consisting of over 20% veterans, while
continuing to collaborate effectively with our international
partners. This structure enables us to remain agile, responsive,
and competitive across both the defense and commercial energy
sectors."
Demand for dual-use technologies that serve both defense and
renewable energy applications is increasing in both domestic and
international markets. OPT's supply chain strategy and operational
footprint are designed to meet this demand while maintaining high
standards of quality, security, and delivery performance.
Stratmann added, "Our commitment to U.S. manufacturing and
engineering excellence is central to our ability to support
mission-critical applications for customers around the world."
About Ocean Power Technologies
Ocean Power Technologies, Inc. --
https://oceanpowertechnologies.com/ -- provides intelligent
maritime solutions and services that enable safer, cleaner, and
more productive ocean operations for the defense and security, oil
and gas, science and research, and offshore wind markets. The
Company's PowerBuoy platforms provide clean and reliable electric
power and real-time data communications for remote maritime and
subsea applications. The Company also offers WAM-V autonomous
surface vessels (ASVs) and marine robotics services. The Company's
headquarters is located in Monroe Township, New Jersey, with an
additional office in Richmond, California.
Iselin, New Jersey-based EisnerAmper LLP, the Company's auditor
since 2020, issued a "going concern" qualification in its report
dated July 25, 2024, citing that the Company has recurring net
losses and net cash flow used in operations that raise substantial
doubt about its ability to continue as going concern.
As of January 31, 2025, Ocean Power Technologies had $34.4 million
in total assets, $5.5 million in total liabilities, and $28.9
million in total shareholders' equity.
ONE EDGE MARINA: Unsecureds to Recover Up to 100% of Claims
-----------------------------------------------------------
One Edge Marina Finance Company LLC and affiliates filed with the
U.S. Bankruptcy Court for the Joint Chapter 11 Plan of Liquidation
dated March 27, 2025.
All Claims against the Debtors, of whatever nature, whether or not
scheduled or liquidated, absolute or contingent, and all Interests
arising from the ownership of the Debtors whether resulting in an
Allowed Claim or an Allowed Interest or not, shall be bound by the
provisions of the Plan.
A Claim or Interest is classified in a particular Class only to the
extent that the Claim or Interest qualifies within the description
of the Class and is classified in a different Class or Classes to
the extent any remainder of the Claim or Interest qualifies within
the description of that different Class or Classes.
Class 2A shall consist of the Allowed General Unsecured Claims of
the Subsidiary Debtors. The Allowed Class 2A General Unsecured
Claims shall be paid up to 100% of the Allowed amount, after the
payment of the unclassified Claims outlined in Article III and
Allowed Class 1A Claims, in Cash, on the Effective Date. Class 2A
Claims are Impaired pursuant to Section 1124 of the Bankruptcy Code
and their holders are entitled to vote to accept or reject the
Plan.
Class 3A shall consist of the Allowed Insider General Unsecured
Claims of the Subsidiary Debtors. The Allowed non-Priority Insider
Unsecured Claims shall be paid up to 100% of the Allowed amount,
after the payment of the unclassified Claims outlined in Article
III and Allowed Class 1A and Class 2A Claims, in Cash, on the
Effective Date. Class 3A Claims are Impaired pursuant to Section
1124 of the Bankruptcy Code and their holders are entitled to vote
to accept or reject the Plan.
Class 4A shall consist of the Allowed Interests in the Subsidiary
Debtors. The Allowed Interests shall receive the remaining balance
of the Plan Fund, after the payment of the unclassified Claims
outlined in Article III, and Allowed Class 1A, Class 2A and Class
3A Claims, in Cash, on the Effective Date. Class 4 Interests are
not Impaired under this Plan and its holder are deemed to have
accepted this Plan.
Class 2B shall consist of the Allowed General Unsecured Claims of
One Edge. The Allowed Class 2B General Unsecured Claims shall
receive a distribution on a pro rata basis up to 100% of the
Allowed amount, after the payment of the unclassified Claims
outlined in Article III and Allowed Class A and Class 1B Claims, in
Cash, on the Effective Date. Class 2B Claims are Impaired pursuant
to Section 1124 of the Bankruptcy Code and their holders are
entitled to vote to accept or reject the Plan.
Class 3B shall consist of the Allowed Insider Unsecured Claims of
One Edge. The Allowed non-Priority Insider Unsecured Claims shall
receive a distribution on a pro rata basis up to 100% of the
Allowed amount, after the payment of the unclassified Claims
outlined in Article III and Allowed Class A, Class 1B and Class 2B
Claims, in Cash, on the Effective Date. Class 3B Claims are
Impaired pursuant to Section 1124 of the Bankruptcy Code and their
holders are entitled to vote to accept or reject the Plan.
Class 4B shall consist of the Allowed Interests in One Edge. The
holder of Allowed Interests are not expected to receive any
monetary distributions under the Plan. The holder of Class 4B
Interest is unimpaired and are deemed to accept the Plan.
Except as otherwise provided in the Plan, including without
limitation Article VIII of this Plan, the Cash required under the
Plan shall be distributed by the Disbursing Agent within ten days
after the Effective Date, except that to the extent that a Claim
becomes an Allowed Claim after the Effective Date, within ten days
after the order allowing such Claim becomes a Final Order.
The Plan shall be funded by the Plan Fund.
All matters provided under this Plan, including all corporate
action to be taken or required to be taken by the Debtors, and the
execution of all necessary documents shall be deemed to have
occurred and be effective as provided herein, and shall be
authorized and approved in all respects without any requirement or
further action by the Debtors. From and after the Effective Date,
the Debtors shall continue in existence for the purposes of winding
up its affairs as expeditiously as reasonably possible and the
costs of which shall be paid from the Post-Confirmation Reserve.
A full-text copy of the Joint Liquidating Plan dated March 27, 2025
is available at https://urlcurt.com/u?l=B3bYYI from
PacerMonitor.com at no charge.
About One Edge Marina Finance Company LLC
ONE Edge Marina Finance Company LLC, et al., collectively operate a
waterfront facility located at 159 Bridge Park Drive in Brooklyn
New York.
ONE Edge Marina Finance Company and certain of its affiliates
sought relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
E.D.N.Y. Lead Case No. 24-44027) on Sept. 26, 2024. In the petition
filed by Estelle Lau, as CEO, the One Edge estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
The Honorable Bankruptcy Judge Elizabeth S. Stong handles the
case.
The Debtors are represented by:
Erica Feynman Aisner, Esq.
Kirby Aisner & Curley LLP
159 Bridge Park Drive
Brooklyn, NY 11201
ORYX OILFIELD: Unsecureds Will Get 70.5% of Claims in Plan
----------------------------------------------------------
Oryx Oilfield Services, LLC, and affiliates submitted a First
Amended Disclosure Statement for the Joint Plan of Reorganization
dated March 31, 2025.
The Plan provides for the continuation of the business of OOS along
with non-debtor KCM, owned by the Mahones, which has been serving
as a subcontractor for OOS in order to complete jobs and acquire
new business. Upon confirmation of the Plan, the Reorganized OOS
and KCM will be well-positioned to take the actions necessary to
continue the business and focus on future growth.
The Plan provides that, on the Effective Date, all equity interests
in the Corporate Debtors shall be cancelled, and no holder of an
equity interest in the Corporate Debtors shall receive any
distribution on account of such prepetition equity interests under
this Plan. 100% of the New Equity Interests in the Reorganized OOS
and KCM will be issued to Purchaser in exchange for its funding of
the Plan Payment in the total amount of $500,000. The assets
acquired by the Purchaser via purchase of the New Equity Interests
shall include all assets necessary or related to the businesses
including cash, receivables, equipment, vehicles, office equipment,
software and intellectual property.
The Plan provides for the formation of the Creditors' Trust. The
Trust will be funded for the purpose of pursuing certain legal
actions for the benefit of all creditors and liquidating any non
business assets of the Corporate Debtors. The Trust shall
distribute the Net Recoveries from the Causes of Action as follows:
* first dollars to pay Allowed Priority Tax Claims;
* second dollars to pay Allowed Other Priority Claims;
* third dollars to pay Allowed Secured Claims of Internal
Revenue Service;
* fourth dollars to pay Allowed Secured Claims of Origin Bank,
N.A.;
* fifth dollars to pay Allowed Secured Claims of Simmons
Bank;
* sixth dollars to pay Allowed Secured Claims of John Deere
Construction & Forestry Company;
* seventh dollars to pay Allowed Other Secured Claims; and
* eighth dollars to pay Allowed Unsecured Claims.
Class 11 consists of the GUC Claims. Except to the extent that a
Holder of a GUC Claim agrees to a less favorable treatment of its
Allowed Claim, in full and final satisfaction, settlement, release,
and discharge of and in exchange for each Allowed GUC Claims, each
such Holder shall receive:
* its Pro Rata share of the Trust, which entitles each General
Unsecured Creditor to be paid its Pro Rata share of: (i) Net
Recoveries from the Trust Assets, provided however, that no
distribution shall be made to any holder of a Class 10 Claim
against which the Debtors' or the Trust assert an Avoidance Action
or other affirmative claim for recovery until such Avoidance action
or other affirmative claim is resolved; (ii) the Trust's share of
the Net Recoveries from the Trust Assets, provided however, that no
distribution shall be made to any GUC against which such a Cause of
Action is asserted until such Cause of Action or affirmative claim
is resolved; and (iii) the balance of any remaining Trust Assets
until and unless all Allowed GUC Claims are paid in full.
Class 11 is Impaired under the Plan. Holders of Claims in Class 11
are entitled to vote to accept or reject the Plan. This Class will
receive a distribution of 70.5% of their allowed claims.
Upon the Effective Date of the Plan, all of the existing stock of
the Debtors will be canceled. The Reorganized OOS and KCM will
issue the New Equity Interests, which shall represent all of the
issued and outstanding equity of the Reorganized OOS and KCM to the
Plan Funder. The assets acquired by the Purchaser via purchase of
the New Equity shall include all assets necessary or related to the
businesses including cash, receivables, equipment, vehicles, office
equipment, software and intellectual property.
On or before the Effective Date, the Plan Funder shall fund the
Plan Payment as set forth in the Plan. In addition to the Plan
Payment, the Plan Funder will sell the Homestead Excess Acreage at
4000 N. White Chapel Blvd, Southlake, Texas to pay the trust fund
portion of the Allowed Priority and/or Secured Tax Claim of the
Internal Revenue Service. The sale will be accomplished either in a
single transaction or through the development and sale of lots.
The Trust Payment will be funded to the Trust on the Effective Date
and will be used for the payment of Allowed Claims and the
evaluation and pursuit of the Causes of Action.
A full-text copy of the First Amended Disclosure Statement dated
March 31, 2025 is available at https://urlcurt.com/u?l=At4fAY from
PacerMonitor.com at no charge.
Counsel to the Debtors:
Frank J. Wright, Esq.
Jeffery M. Veteto, Esq.
Law Offices of Frank J. Wright PLLC
1800 Valley View Lane 250
Farmers Branch TX 75234
Tel: (214) 238-4153
Email: frank@fjwright.law
About Oryx Oilfield Services
Oryx Oilfield Services, LLC, is an oil and gas construction company
working in shale plays throughout Texas. It fabricates pressure
vessels, inter-connecting piping for modular builds, launchers and
receivers, spools, supports, industrial grade platforms and
ladders.
Oryx and its affiliates sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tex. Lead Case No. 24-41618) on July
12, 2024, with total assets of $1 million to $10 million and total
liabilities of $50 million to $100 million.
Judge Brenda T. Rhoades oversees the cases.
The Debtors tapped the Law Offices of Frank J. Wright, PLLC, as
bankruptcy counsel and Grady Bell LLP as special counsel.
OUTLOOK THERAPEUTICS: Sphera Entities Hold 7.49% Equity Stake
-------------------------------------------------------------
Sphera Funds Management Ltd., Sphera Global Healthcare GP Ltd., and
Sphera Global Healthcare Management LP, disclosed in a Schedule 13G
(Amendment No. 1) filed with the U.S. Securities and Exchange
Commission that as of April 10, 2025, they beneficially owned
2,571,426 shares of Outlook Therapeutics, Inc.'s Common Stock,
representing 7.49% of the 32,620,177 shares outstanding, with the
ownership including 1,714,284 warrants exercisable into additional
shares of Common Stock.
The reporting persons may be reached through:
Adi Hanetz, General Counsel
4 Itzhak Sade, Building A, 29th Floor
Tel Aviv 6777504, Israel.
Tel: 972-3-6845535
A full-text copy of Sphera Funds' SEC report is available at:
https://tinyurl.com/y3jcd6h6
About Outlook Therapeutics
Headquartered in Iselin, New Jersey, Outlook Therapeutics --
www.outlooktherapeutics.com -- is a biopharmaceutical company
focused on the development and commercialization of
ONS-5010/LYTENAVA (bevacizumab-vikg; bevacizumab gamma), for the
treatment of retina diseases, including wet AMD. LYTENAVA
(bevacizumab gamma) is the first ophthalmic formulation of
bevacizumab to receive European Commission and MHRA Marketing
Authorization for the treatment of wet AMD. Outlook Therapeutics is
working to initiate its commercial launch of LYTENAVA (bevacizumab
gamma) in the EU and the UK as a treatment for wet AMD, expected in
the first half of calendar 2025. In the United States,
ONS-5010/LYTENAVA is investigational, is being evaluated in an
ongoing non-inferiority study for the treatment of wet AMD, and if
successful, the data may be sufficient for Outlook to resubmit a
BLA to the FDA in the United States. If approved in the United
States, ONS 5010/LYTENAVA, would be the first approved ophthalmic
formulation of bevacizumab for use in retinal indications,
including wet AMD.
Philadelphia, Pennsylvania-based KPMG LLP, the Company's auditor
since 2015, issued a "going concern" qualification in its report
dated Dec. 27, 2024, citing that the Company has incurred recurring
losses from operations and negative cash flows from operations and
has an accumulated deficit, that raise substantial doubt about its
ability to continue as a going concern.
As of Sept. 30, 2024, Outlook Therapeutics had $28.82 million in
total assets, $101.90 million in total liabilities, and a total
stockholders' deficit of $73.08 million.
PALATIN TECHNOLOGIES: Faces Potential Delisting From NYSE American
------------------------------------------------------------------
Palatin Technologies, Inc. announced that NYSE American LLC
provided a notice to the Company that NYSE Regulation has
determined to commence proceedings to delist the Company's common
stock from NYSE American.
NYSE Regulation has determined the Company is no longer suitable
for listing pursuant to Section 1009(a) of the NYSE American
Company Guide as the Company was unable to demonstrate that it had
regained compliance with Sections 1003(a)(i), (ii) and (iii),
related to stockholders' equity requirements, by the end of the
maximum 18-month compliance plan period, which expired on April 10,
2025.
The Company has a right to a review of the NYSE Regulation
determination to delist the Common Stock by the Listings
Qualifications Panel of the Committee for Review of the Board of
Directors of the Exchange. The Company intends to appeal such
determination to delist the Common Stock. The Company expects the
Common Stock to continue to trade on NYSE American during the
appeal process.
Following such appeal, a decision by the Panel will be made and
announced by NYSE American regarding either proceeding with
suspension and delisting or continued trading in the Common Stock.
The Company is working diligently to regain compliance with
Sections 1003(a)(i), (ii) and (iii) of the Company Guide. However,
there can be no assurance that the Company will regain compliance
with Sections 1003(a)(i), (ii) and (iii) of the Company Guide
before any hearing occurs.
About Palatin
Headquartered in New Jersey, Palatin Technologies Inc. --
www.Palatin.com -- is a biopharmaceutical company developing
first-in-class medicines based on molecules that modulate the
activity of the melanocortin receptor systems, with targeted,
receptor-specific product candidates for the treatment of diseases
with significant unmet medical need and commercial potential.
Palatin's strategy is to develop products and then form marketing
collaborations with industry leaders to maximize their commercial
potential.
Philadelphia, Pennsylvania-based KPMG LLP, the Company's auditor
since 2002, issued a "going concern" qualification in its report
dated Sept. 30, 2024, citing that the Company has incurred
operating losses and negative cash flows from operations since
inception and will need additional funding to complete planned
product development efforts that raise substantial doubt about its
ability to continue as a going concern.
PAVMED INC: Appoints CBIZ CPAs as Independent Auditor
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CBIZ CPAs P.C. has been appointed as the independent registered
public accounting firm for PAVmed Inc., following its acquisition
of Marcum LLP's attest business on Nov. 1, 2024, according to a
Form 8-K filing with the Securities and Exchange Commission.
Marcum resigned from the role on April 23, 2025, and CBIZ CPAs was
engaged in the same capacity on the same day, with the approval of
PAVmed's audit committee.
Marcum's audit report on the Company's consolidated financial
statements for the fiscal years ended Dec. 31, 2024 and 2023 did
not include an adverse opinion, a disclaimer of opinion, or any
qualifications related to uncertainty, audit scope, or accounting
principles. However, it did contain an explanatory paragraph
regarding the Company's ability to continue as a going concern.
PAVmed stated it had no disagreements with Marcum on accounting
principles, financial statement disclosures, or auditing procedures
for the fiscal years ended Dec. 31, 2024 and Dec. 31, 2023, through
Marcum's resignation on April 23, 2025. In addition, no
"reportable events," as defined by Item 304(a)(1)(v) of Regulation
S-K, occurred.
During the fiscal years ended Dec. 31, 2024 and Dec. 31, 2023, and
through April 23, 2025, neither PAVmed Inc. nor anyone on its
behalf consulted with CBIZ CPAs regarding (i) the application of
accounting principles to a specified transaction, either completed
or proposed, or regarding the type of audit opinion that might be
rendered on the Company's financial statements, nor (ii) any matter
that could be classified as a "disagreement" or "reportable event"
under Regulation S-K.
About PAVmed
Headquartered in New York, NY, PAVmed Inc. -- http://www.pavmed.com
-- is a commercial-stage medical technology company operating
across the medical device, diagnostics, and digital health sectors.
Its subsidiaries include Lucid Diagnostics Inc., which offers tools
for early detection of esophageal precancer, and Veris Health Inc.,
which focuses on remote cancer care monitoring using implantable
sensors and connected health devices.
In its report dated March 24, 2025, Marcum LLP, the Company's
auditor since 2019, issued a "going concern" qualification, citing
that the Company has a significant working capital deficiency, has
incurred significant operating losses, and needs to raise
additional funds to meet its obligations and sustain its
operations. These conditions raise substantial doubt about the
Company's ability to continue as a going concern.
PavMed reported a net income attributable to common stockholders of
$31.97 million for the year ending Dec. 31, 2024, compared to a net
loss attributable to common stockholders of $66.27 million for the
year ending Dec. 31, 2023.
PavMed has reported in its 2024 Annual Report that it has incurred
net losses since its inception in June 2014, primarily funding
operations through the issuance of common and preferred stock,
warrants, and debt. The Company noted that its ability to generate
sufficient revenue from products in development and achieve
profitability depends on factors beyond its control. Despite
efforts to reduce operating expenses, PavMed expects to continue
incurring losses as it maintains its commercial infrastructure,
develops products, and faces public company-related costs.
The Company has cautioned that it may not be able to meet the
Nasdaq Capital Market's listing standards, which could result in
its common stock being delisted. If this occurs, the liquidity and
market price of its stock could suffer significant adverse effects.
PEOPLE WHO CARE: Amends Plan to Include City & Dept. of Park Claims
-------------------------------------------------------------------
People Who Care Youth Center Inc. submitted a First Amended
Disclosure Statement describing First Amended Chapter 11 Plan of
Reorganization dated March 31, 2025.
The Plan is a reorganizing plan. In other words, the Proponent
seeks to accomplish payments under the Plan by its earnings from
the operation of the Debtor as a duly-licensed congregate living
health facility.
The Debtor filed a Chapter 11 case previously. (Case No.
2:18-bk-10290-RK). It confirmed a Chapter 11 Plan of Reorganization
on May 27, 2020 which provided for postpetition financing to pay
off creditors, including the California Department of Parks &
Recreation and the City of Los Angeles for funds lent to the Debtor
in exchange for providing community services as opposed to money.
Over several months, the Debtor attempted to close on a refinancing
transaction, but it could not do so until it modified the plan to
substitute in Danco, Inc. and Danco's loan for refinancing as set
forth in the plan. The court approved having Danco as the lender
and the loan was closed permitting the confirmed plan to go
effective.
Class 3 consists of the Claim of the City of Los Angeles. The
Debtor shall satisfy this claim as follows, except for updating the
outstanding amount, this treatment is the same as the plan
treatment in case No (Case No. 2:18-bk-10290-RK), Docket No. 152,
as confirmed: The City shall retain its lien in the amount of
$183,957.35 on the Property or as otherwise ordered by the Court.
The amount owing on the City's lien shall be reduced at the rate of
$49,055.27 per year for every year (and prorated for partial years)
that Debtor provides community service in accordance with the
Proposition K grant.
The City's lien shall retain its senior priority position with
respect to the community service requirement of Proposition K to
run with the land as a restrictive use covenant until such time as
either (i) the City's claim has been reduced to $0 by use of the
Debtor's Property for community service; or (ii) the remaining
balance of the City's allowed claim is paid off. The economic
dollar-value of the City's claim and lien shall be subordinate to
the Lender's Exit Financing Lien.
In the event of Alternative Exit Financing: The City shall receive
payment in an amount equal to $404,706 within 90 days the Effective
Date of the Plan, in full and complete satisfaction of the Class 2
claim. In the event of neither Exit Financing nor Alternative Exit
Financing: The City shall have an unsecured claim in the amount of
$183,957.35. The City shall no longer have a lien in the Property.
Class 4 consists of the Claim of California Department of Parks and
Recreation. Except for updating the outstanding amount, this
treatment is the same as the plan treatment in case No (Case No.
2:18-bk-10290-RK), Docket No. 152, as confirmed – Regardless of
the terms of financing. The Class 7 Claimant shall have its claim
reduced at the rate of $37,500 per year for every year (and
prorated for every partial year) that the Debtor provides community
recreational programs ("Programs") in accordance with paragraph 61
of the Addendum to AIRCRE Standard Industrial Commercial Single
Tenant Lease Gross dated March 15, 2019 for the property known as
1512 W. Slauson Avenue, Los Angeles, California 90047 ("Lease"),
and which is attached to the Notice of Debtor's Entry into Real
Property Lease Pursuant to Court Order Granting Motion for
Authority to (A) Enter into Real Property Lease; (B) Use Cash
Collateral; (C) Provide Adequate Protection; and (D) Pay Commission
to Real Estate Broker, Docket No. 59 (Case No. 2:18-bk-10290-RK).
Class 5 consists of All General Unsecured Claims Other than Claims
in Convenience class. Allowed general unsecured claims shall
receive a total of 100% over 120 months from the Effective Date in
full satisfaction of their claims, commencing at the end of the
first calendar quarter after the Effective.
It is projected that on the Effective Date, the Debtor will have
approximately $115,000 on the Effective Date. The amount available
as of the Effective Date may be less than $270,000 by an amount
equal to allowed administrative amounts paid before the Effective
Date order, which will reduce the amounts due on the Effective Date
by a corresponding amount.
A full-text copy of the First Amended Disclosure Statement dated
March 31, 2025 is available at https://urlcurt.com/u?l=fBepwS from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Giovanni Orantes, Esq.
The Orantes Law Firm, PC
3435 Wilshire Blvd., Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
Email: go@gobklaw.com
About People Who Care Youth Center
People Who Care Youth Center Inc., is a non-profit corporation that
provides child daycare to low-income working parents in South
Central Los Angeles. Its primary asset is a commercial real
property building located at 1502 and 1512 West Slauson Avenue Los
Angeles, California.
People Who Care Youth Center Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 23-16449) on
Oct. 3, 2023. In the petition filed by Michelle McArn, as CEO, the
Debtor estimated assets between $500,000 and $1 million and
estimated liabilities between $100 million and $500 million.
PIZZERIA MANAGEMENT: Patricia Fugee Named Subchapter V Trustee
--------------------------------------------------------------
The U.S. Trustee for Regions 3 and 9 appointed Patricia Fugee of
FisherBroyles, LLP as Subchapter V trustee for Pizzeria Management
III, LLC.
Ms. Fugee will be paid an hourly fee of $365 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Fugee declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Patricia B. Fugee
FisherBroyles, LLP
27100 Oakmead Drive #306
Perrysburg, OH 43551
Phone: (419) 874-6859
Email: Patricia.Fugee@FisherBroyles.com
About Pizzeria Management III
Pizzeria Management III, LLC sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Ohio Case No. 25-11334) on
March 31, 2025, listing up to $50,000 in assets and between
$500,001 and $1 million in liabilities.
Judge Jessica E Price Smith oversees the case.
The Debtor is represented by Thomas W. Coffey, Esq., at Coffey Law,
LLC.
PRECIPIO INC: Marcum LLP Resigns; CBIZ CPAs Appointed New Auditor
-----------------------------------------------------------------
Precipio Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that Marcum LLP informed the
Company that it resigned as the Company's independent registered
public accounting firm as a result of CBIZ CPAs P.C. acquiring the
attest business of Marcum on November 1, 2024.
The audit report of Marcum on the Company's consolidated financial
statements as of and for the fiscal years ended December 31, 2024
and 2023 did not contain an adverse opinion or a disclaimer of
opinion, and was not qualified or modified as to uncertainty, audit
scope, or accounting principles.
During the Company's fiscal years ended December 31, 2024 and 2023,
and the subsequent period through April 10, 2025, there were no:
(i) "disagreements" (as defined in Item 304(a)(1)(iv) of
Regulation S-K and the related instructions) between the Company
and Marcum on any matter of accounting principles or practices,
financial statement disclosure or auditing scope or procedure,
which disagreements, if not resolved to the satisfaction of Marcum,
would have caused Marcum to make reference to the subject matter of
the disagreement in their reports on the financial statements for
such years, or
(ii) "reportable events" (as defined in Item 304(a)(1)(v) of
Regulation S-K).
Accordingly, the Audit Committee of the Company's Board of
Directors engaged CBIZ as the Company's independent registered
public accounting firm.
During the fiscal years ended December 31, 2024 and 2023, and the
subsequent period through [April 10], 2025 neither the Company, nor
any party on behalf of the Company, consulted with CBIZ with
respect to either:
(i) the application of accounting principles to a specified
transaction, either completed or proposed; or the type of audit
opinion that might be rendered on the Company's financial
statements, and no written report or oral advice was provided to
the Company by CBIZ that CBIZ concluded was an important factor
considered by the Company in reaching a decision as to the
accounting, auditing or financial reporting issue, or
(ii) any matter that was either the subject of a "disagreement"
(as defined in Item 304(a)(1)(iv) of Regulation S-K and the related
instructions) or a "reportable event" (as defined in Item
304(a)(1)(v) of Regulation S-K).
About Precipio
Omaha, Neb.-based Precipio, Inc., formerly known as Transgenomic,
Inc. -- http://www.precipiodx.com/-- is a healthcare solutions
company focused on cancer diagnostics. Its business mission is to
address the pervasive problem of cancer misdiagnoses by developing
solutions to mitigate the root causes of this problem in the form
of diagnostic products, reagents, and services.
New Haven, Conn.-based Marcum LLP, the Company's auditor since
2016, issued a "going concern" qualification in its report dated
Mar. 27, 2024, attached to the Form 10-K, citing that the Company
has a significant working capital deficiency, has incurred
significant losses and needs to raise additional funds to meet its
obligations and sustain its operations. These conditions raise
substantial doubt about the Company's ability to continue as a
going concern. The Company has incurred substantial operating
losses and has used cash in its operating activities for the past
several years. For the year ended December 31, 2024, the Company
had a net loss of $4.3 million, compared to $5.9 million in 2023,
and net cash provided by operating activities of $0.4 million.
As of Dec. 31, 2024, the Company had $17 million in total assets,
$4.9 million in total liabilities, and a total stockholders' equity
of $12.1 million.
PRIMERO SPINE: Jerrett McConnell Named Subchapter V Trustee
-----------------------------------------------------------
The U.S. Trustee for Region 21 appointed Jerrett McConnell, Esq.,
at McConnell Law Group, P.A. as Subchapter V trustee for Primero
Spine and Joint, LLC.
Mr. McConnell will be paid an hourly fee of $350 for his services
as Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. McConnell declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Jerrett M. McConnell, Esq.
McConnell Law Group, P.A.
6100 Greenland Rd., Unit 603
Jacksonville, FL 32258
Phone: (904) 570-9180
Email: info@mcconnelllawgroup.com
About Primero Spine and Joint
Primero Spine and Joint, LLC filed Chapter 11 bankruptcy petition
(Bankr. M.D. Fla. Case No. 25-01017) on April 1, 2025, listing
between $100,001 and $500,000 in assets and between $500,001 and $1
million in liabilities.
Judge Jacob A. Brown oversees the case.
The Debtor tapped Donald M. DuFresne, Esq., at Parker & DuFresne,
P.A. as legal counsel and William G. Haeberle, CPA, LLC as
accountant.
PRODIGAL PROTCOL: John Whaley Named Subchapter V Trustee
--------------------------------------------------------
The U.S. Trustee for Region 21 appointed John Whaley, a practicing
accountant in Atlanta, Ga., as Subchapter V trustee for Prodigal
Protcol Projections, Inc.
Mr. Whaley will be paid an hourly fee of $425 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Whaley declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
John T. Whaley, CPA
P.O. Box 76362
Atlanta, GA 30358
Phone: 404-946-5272
Email: trustee@jtwcpa.net
About Prodigal Protcol Projections
Prodigal Protcol Projections, Inc. sought protection under Chapter
11 of the U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-53524)
on March 31, 2025.
PROFESSIONAL DIVERSITY: Regains Nasdaq Bid Price Compliance
-----------------------------------------------------------
Professional Diversity Network, Inc. disclosed in a Form 8-K Report
filed with the U.S. Securities and Exchange Commission that the
Company received a letter from Nasdaq notifying the Company that it
has regained compliance with Nasdaq Listing Rule 5550(a)(2) within
the time frame required by the Panel.
As previously reported, on January 9, 2025, the Company received a
letter from the Nasdaq Stock Market informing the Company that the
Nasdaq staff has determined that the Company had not regained
compliance with the Bid Price Requirement and was not eligible for
an additional 180-day remediation period. Accordingly, unless the
Company requested an appeal of Nasdaq's delisting determination by
January 16, 2025, Nasdaq has determined that the Company's
securities will be scheduled for delisting from Nasdaq and will be
suspended at the opening of business on January 21, 2025, and a
Form 25-NSE will be filed with the Securities and Exchange
Commission, which will remove the Company's securities from listing
and registration from Nasdaq.
The Company had timely filed an appeal for the Delisting
Determination to the Nasdaq hearings panel pursuant to the
procedures set forth in the Nasdaq Listing Rules, which stayed the
suspension of the Company's securities and the filing of Form
25-NSE pending the Panel's decision.
Accordingly, this matter is now closed.
About Professional Diversity
Headquartered in Chicago, Illinois, Professional Diversity Network,
Inc. -- https://www.prodivnet.com/ -- is a global developer and
operator of online and in-person networks that provides access to
networking, training, educational, and employment opportunities for
diverse professionals. The Company operates subsidiaries in the
United States, including National Association of Professional Women
(NAPW) and its brand, International Association of Women (IAW),
which is one of the largest, most recognized networking
organizations of professional women in the country, spanning more
than 200 industries and professions. Through an online platform and
its relationship recruitment affinity groups, the Company provides
its employer clients a means to identify and acquire diverse talent
and assist them with their efforts to comply with the Equal
Employment Opportunity Office of Federal Contract Compliance
Program. The Company's mission is to utilize the collective
strength of its affiliate companies, members, partners, and unique
proprietary platform to be the standard in business diversity
recruiting, networking, and professional development for women,
minorities, veterans, LGBTQ+, and disabled persons globally.
Oak Brook, Illinois-based Sassetti LLC, the Company's auditor since
2022, issued a "going concern" qualification in its report dated
Mar. 31, 2025, attached to the Company's Annual Report on Form 10-K
for the year ended Dec. 31, 2024, citing that the Company has
incurred recurring operating losses, has a significant accumulated
deficit, and will need to raise additional funds to meet its
obligations and the costs of its operations. These conditions raise
substantial doubt about the Company's ability to continue as a
going concern.
PROSPECT MEDICAL: Judge Denies $5MM Fee Request in Chapter 11 Case
------------------------------------------------------------------
Clara Geoghegan of Law360 Bankruptcy Authority reports that on
Wednesday, April 30, 2025, a Texas bankruptcy judge denied a
finance firm's request for a $5 million sale fee, ruling that
Bankruptcy Code provisions allowing reimbursement for substantial
contributions do not extend to Prospect Medical's pre-Chapter 11
investment banker.
About Prospect Medical Holdings
Prospect Medical Holdings Inc. owns Roger Williams Medical Center,
Our Lady of Fatima Hospital, and several other healthcare
facilities.
Prospect Medical sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Lead Case No. 25-80002) on Jan.
11, 2025. In the petition filed by Paul Rundell, chief
restructuring officer, the Debtor estimated assets and liabilities
between $1 billion and $10 billion each.
Bankruptcy Judge Stacey G. Jernigan handles the case.
The Debtors' general bankruptcy counsel is Thomas R. Califano,
Esq., and Rakhee V. Patel, Esq., at Sidley Austin LLP, in Dallas,
Texas, and William E. Curtin, Esq., Patrick Venter, Esq., and Anne
G. Wallice, Esq., at Sidley Austin LLP, in New York. The Debtors
also tapped Alvarez & Marsal North America, LLC as financial
advisor; Houlihan Likey, Inc. as investment banker; and Omni Agent
Solutions, Inc. as claims, noticing & solicitation agent.
On Jan. 29, 2025, the Office of the United States Trustee for
Region 6 appointed an official committee of unsecured creditor in
these Chapter 11 cases. The committee tapped Brinkman Law Group,
PC as efficiency counsel.
RDB MANAGEMENT: APAMO Unsecureds to Recover 34.07% over 5 Years
---------------------------------------------------------------
RDB Management, LLC, d/b/a Amada Senior Care ("Amada"), and A Place
All My Owwn Healthcare ("APAMO") filed with the U.S. Bankruptcy
Court for the District of Colorado a Joint Plan of Reorganization
for Small Business under Subchapter V dated March 28, 2025.
Amada is a Colorado limited liability company headquartered in
Colorado Springs, Colorado and providing in home senior care to
senior assistant services in California.
APAMO is a limited liability company head quartered in Colorado
Springs, Colorado that operates a number of group homes providing
skilled nursing services to individual with disabilities.
On a post-petition basis, the Debtors have been working to improve
operations and increase overall revenue. Amada's operations were
significantly impacted at the beginning of 2025, as a number of its
franchised territories were either directly impacted by the Los
Angeles fires or indirectly impacted by the fires as a result of
air quality and water quality concerns. A number of Amada's
customers were impacted and required to evacuate their homes,
resulting in a decrease to services provided by Amada during that
time frame.
To improve its revenue, Amada has retained additional employees to
assist with its marketing efforts in order to generate additional
customers. Amada's marketing efforts thus far have proved to be
successful, and the number of customers and revenue from customers
has increased following the disruptions from the fires. Amada's
efforts are also intended to increase referral sources in order to
improve customer generation going forward.
On a post-petition basis, APAMO's operations have remained stable,
and its revenue has been consistent on a post-petition basis while
continuing to pay its secured debts. In January 2025, APAMO receive
a payment from the State of Arizona in the amount of approximately
$500,000 which was attributed to the opening of its fourth care
home a year prior. APAMO is now in the process of opening a fifth
care home, which will result in some additional revenue to the
company.
APAMO's revenue will likely be capped after it opens the fifth care
home, as APAMO does not have the staff to handle the administrative
needs of additional care homes, and the rates paid for APAMO's
patients is set by the State of Arizona. As a result, while APAMO's
revenue is anticipated to be stable throughout the course of a
Plan, its net revenue will begin to gradually decline over time due
to caps on revenue in contrast to the increasing costs associated
with operations.
Class 5 consists of those unsecured creditors of Amada. A list of
the Class 5 Claimants is attached hereto as Exhibit A totaling
$2,313,991.31 in unsecured claims. Class 5 claimants shall receive
payment of their Allowed Claims as follows:
* Class 5 shall receive a pro rata distribution equal to a
variable percentage of Gross Revenue generated over a five-year
period commencing the first full month following the Effective Date
of the Plan ("Repayment Term");
* Commencing on the first month during the Repayment Term,
Amada shall, at the conclusion of each month, set aside in a
segregated account an amount equal to requisite percentage of the
prior month's gross revenue. Each time three deposits are made into
the segregated account, Amada shall distribute such funds to
creditors on a pro rata basis. No interest will be paid or accrue
on account of Class 5 claims.
* In addition to the above payments, Class 5 creditors shall
receive a pro rata distribution of all of the net proceeds of any
Avoidance Action brought by Amada, less reasonable costs and
attorneys' fees incurred by Amada to pursue the claim through
litigation, settlement, and/or collection. Amada do not believe any
such claims exist.
* Based on the estimated distributions, Class 5 Claimants are
anticipated to receive approximately 32.75% of their allowed
claims. Upon request by any party in interest, Amada shall provide
a quarterly financial statement, including amounts disbursed to
creditors in accordance with the Plan.
* At any point during the first four years of the Repayment
Term, Amada may retire the entire Class 5 obligation by making a
single pro rata distribution of an amount equal to the prior
calendar year's net revenue multiplied by two. By way of
illustration, if Amada meets its projections and intends to retire
the Class 5 debt obligation in 2027, then the payment to retire the
obligation would be approximately $407,000.00.
Class F consists of those unsecured creditors of APAMO. A list of
the Class F Claimants is attached hereto as Exhibit B totaling
$2,059,624.47 in unsecured claims. Class F claimants shall receive
payment of their Allowed Claims as follows:
* Class F shall receive a pro rata distribution equal to 3% of
Gross Revenue generated over a five-year period commencing the
first full month following the Effective Date of the Plan
("Repayment Term");
* Commencing on the first month during the Repayment Term,
APAMO shall, at the conclusion of each month, set aside in a
segregated account an amount equal to 3% percentage of the prior
month's Gross Revenue. Each time three deposits are made into the
segregated account, APAMO shall distribute such funds to creditors
on a pro rata basis. No interest will be paid or accrue on account
of Class F claims.
* Based on the estimated distributions, Class F Claimants are
anticipated to receive approximately 34.07% of their allowed
claims. Upon request by any party in interest, APAMO shall provide
a quarterly financial statement, including amounts disbursed to
creditors in accordance with the Plan.
* At any point during the first four years of the Repayment
Term, APAMO may retire the entire Class F obligation by making a
single pro rata distribution of an amount equal to the prior
calendar year's net revenue multiplied by two. By way of
illustration, if APAMO meets its projections and intends to retire
the Class F debt obligation in 2027, then the payment to retire the
obligation would be approximately $493,000.00.
On the Effective Date of the Plan, Richard and Patrick Babcock
shall be appointed pursuant to Section 1142(b) of the Bankruptcy
Code for the purpose of carrying out the terms of the Plan, and
taking all actions deemed necessary or convenient to consummating
the terms of the Plan. Their company, Specialized Administrative
Services, Inc. will continue to receive a management fee.
The Debtors have structured their Plan to ensure flexibility as
income increases or decreases depending on the time of year.
Because the Debtors have proposed payments to unsecured creditors
that are adjustable based on revenue actually generated, the
Debtors will not be overburdened by payments. As a result, the
Debtor believe their Plan is feasible and urge creditors to accept
their Plan.
A full-text copy of the Joint Plan dated March 28, 2025 is
available at https://urlcurt.com/u?l=Vfy9IL from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Keri L. Riley, Esq.
Kutner Brinen Dickey Riley, PC
1660 Lincoln Street, Suite 1720
Denver, CO 80264
Telephone: (303) 832-2910
Email: klr@kutnerlaw.com
About RDB Management
RDB Management, LLC provides personalized in-home care and is
especially skilled in consulting with families about Long-Term Care
insurance (LTCi) policies and identifying other funding sources
that cover the costs of in-home care.
RDB Management filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. D. Colo. Case No. 24-16998) on Nov. 22,
2024, with $201,342 in assets and $2,481,528 in liabilities.
Richard Babcock, manager, signed the petition.
Judge Michael E. Romero oversees the case.
Keri L. Riley, Esq., at Kutner Brinen Dickey Riley, PC, serves as
the Debtor's counsel.
Live Oak Banking Company, as lender, is represented by:
Christopher J. Harayda, Esq.
Stinson LLP
50 South Sixth Street, Suite 2600
Minneapolis, MN 55402
Phone: 612.335.1928
Email: cj.harayda@stinson.com
REALSYS USA: John Whaley Named Subchapter V Trustee
---------------------------------------------------
The U.S. Trustee for Region 21 appointed John Whaley, a practicing
accountant in Atlanta, Ga., as Subchapter V trustee for Realsys USA
Inc.
Mr. Whaley will be paid an hourly fee of $425 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Whaley declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
John T. Whaley, CPA
P.O. Box 76362
Atlanta, GA 30358
Phone: 404-946-5272
Email: trustee@jtwcpa.net
About Realsys USA Inc.
Realsys USA Inc. is an investment company based in Atlanta,
Georgia. The company, which operates as an investment company
including hedge fund or pooled investment vehicle operations,
reported assets and liabilities both in the range of $500,001 to $1
million.
Realsys USA Inc. sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-53467) on
March 31, 2025. In its petition, the Debtor reported between
$500,000 and $1 million in both assets and liabilities.
Judge Lisa Ritchey Craig oversees the case.
REBORN COFFEE: Files Prospectus for Resale of Up to 6.67M Shares
----------------------------------------------------------------
Reborn Coffee, Inc. filed a prospectus on Form S-1 with the U.S.
Securities and Exchange Commission relating to the resale, from
time to time, by the selling securityholders -- Arena Business
Solutions Global SPC II, LTD, Arena Special Opportunities Partners
III, LP, and Arena Special Opportunities (Offshore) Master II LP --
of up to 6,667,949 of Reborn's shares of its common stock, par
value $0.0001 per share.
The shares of Common Stock to which this prospectus relates consist
of shares that may be issued to the Selling Stockholders pursuant
to:
(1) a purchase agreement between Reborn Coffee and Arena
Business Solutions Global SPC II, LTD dated February 10, 2025; and
(2) a securities purchase agreement between us and the
purchasers dated February 6, 2025 as amended on March 28, 2025.
Reborn Coffee said, "In connection with the ELOC Purchase
Agreement, we have the right, but not the obligation, to direct the
ELOC Investor to purchase up to $50,000,000 in shares of our Common
Stock upon satisfaction of certain terms and conditions contained
in the ELOC Purchase Agreement, including, without limitation, an
effective registration statement filed with the SEC registering the
resale of Commitment Fee Shares and additional shares to be sold to
the ELOC Investor from time to time under the ELOC Purchase
Agreement."
The term of the ELOC Purchase Agreement began on the date of
execution and ends on the earlier of:
(i) the first day of the month following the 36-month
anniversary of the execution date,
(ii) the date on which the ELOC Investor shall have purchased
the maximum amount of ELOC Shares, or (iii) the effective date of
any written notice of termination delivered pursuant to the terms
of the ELOC Agreement.
Reborn Coffee has also committed to issue to the ELOC Investor as a
commitment fee:
(i) a number of shares of Common Stock equal to 750,000
divided by the simple average of the daily VWAP of the Common Stock
during the five trading days immediately preceding the
effectiveness of the registration statement of which this
prospectus forms a part on which the Initial Commitment Fee Shares
are registered promptly after the effectiveness of the Registration
Statement and
(ii) a number of shares of Common Stock equal to 750,000
divided by the simple average of the daily VWAP of the Common Stock
during the five trading days immediately preceding the two month
anniversary of the effectiveness of the Initial Registration
Statement, promptly after such two-month anniversary.
In connection with the Debenture Agreement, Reborn Coffee agreed to
issue 10% original issue discount secured convertible debentures
with an aggregate principal amount of up to $10,000,000 to be
divided into up to four separate tranches that are each subject to
certain closing conditions. The conversion price of each Debenture,
subject to adjustment as provided therein, is equal to 92.5% of the
lowest daily VWAP (as defined in the Debentures) of our shares of
Common Stock during the five-trading day period ending on the
trading day immediately prior to delivery or deemed delivery of the
applicable Conversion Notice (as defined in the Debentures). The
Debentures accrue interest at a rate of 10% per annum paid in kind,
unless there is an event of default in which case the Debentures
will accrue interest at a default rate. Upon the consummation of
the closing of each tranche, Reborn Coffee will also issue common
stock purchase warrants to each Arena Investor who participates in
such closing.
The Warrants:
(i) provide for the purchase by the applicable Arena Investor
of a number of shares of Common Stock equal to 20% of the total
principal amount of the related Debenture purchased by the Arena
Investor on the applicable closing date divided by 92.5% of the
lowest daily VWAP of Common Stock for the five consecutive trading
day period ended on the last trading day immediately preceding such
closing date and
(ii) be exercisable at an exercise price equal to 92.5% of the
average of the lowest daily VWAP of the Common Stock over the
consecutive trading days immediately preceding the delivery of the
applicable Notice of Exercise (as defined in the Warrants).
As of the date of this prospectus, Reborn Coffee has sold
Debentures in the aggregate principal amount of $3,333,333 and
201,282 Warrants to the Arena Investors.
Reborn Coffee is not selling any securities under this prospectus
and it will not receive any proceeds from the sale of the shares by
the Selling Stockholders, except:
(1) Reborn Coffee will receive cash proceeds from the exercise
of the Warrants, and
(2) the ELOC Purchase Agreement provides that Reborn Coffee
may sell up to an aggregate of $50,000,000 of its Common Stock to
the ELOC Investor under the ELOC Purchase Agreement, from time to
time in its discretion after the date the registration statement
that includes this prospectus is declared effective and after
satisfaction of other conditions in the ELOC Purchase Agreement.
The ELOC Investor is an "underwriter" within the meaning of Section
2(a)(11) of the Securities Act of 1933, as amended. The Selling
Stockholders may sell the shares of Common Stock described in this
prospectus in a number of different ways and at varying prices.
Reborn Coffee will pay the expenses of registering the Common Stock
offered by this prospectus, but all selling and other expenses
incurred by the Selling Stockholders will be paid by the Selling
Stockholders. The Selling Stockholders may sell Reborn Coffee's
shares of Common Stock offered by this prospectus from time to time
on terms to be determined at the time of sale through ordinary
brokerage transactions or through any other means. The prices at
which the Selling Stockholders may sell shares will be determined
by the prevailing market price for Reborn Coffee's Common Stock or
in negotiated transactions.
Reborn Coffee's Common Stock is listed on Nasdaq under the symbol
"REBN." The last reported closing price for its Common Stock on
Nasdaq on April 9, 2025 was $3.43 per share.
Reborn Coffee said, "As of April 10, 2025, there were 4,568,508
shares of Common Stock outstanding. If all shares being registered
hereby were sold, it would comprise approximately 59% of our total
shares of Common Stock outstanding. Because the shares registered
hereunder comprise a significant portion of our outstanding shares,
any sales by the Selling Stockholders, or the perception that such
sales may occur, could have a significant negative impact on the
trading price of our Common Stock. Given the current market price
of our Common Stock, certain of the Selling Stockholders who paid
less for their shares than such current market price will receive a
higher rate of return on any such sales than the public
securityholders who purchased Common Stock in our initial public
offering or any Selling Stockholder who paid more for their shares
than the current market price."
"We have not registered the sale of the shares under the securities
laws of any state. Brokers or dealers effecting transactions in the
shares of Common Stock offered hereby should confirm that the
shares have been registered under the securities laws of the state
or states in which sales of the shares occur as of the time of such
sales, or that there is an available exemption from the
registration requirements of the securities laws of such states."
"We have not authorized anyone, including any salesperson or
broker, to give oral or written information about this offering,
Reborn Coffee, Inc., or the shares of Common Stock offered hereby
that is different from the information included in this prospectus.
You should not assume that the information in this prospectus, or
any supplement to this prospectus, is accurate at any date other
than the date indicated on the cover page of this prospectus or any
supplement to it."
A full-text copy of the SEC Report is available at
https://tinyurl.com/3cnznfhp
About Reborn Coffee
Brea, Calif.-based Reborn Coffee, Inc. (NASDAQ: REBN) is focused on
serving high quality, specialty-roasted coffee at retail locations,
kiosks, and cafes. Reborn is an innovative company that strives for
constant improvement in the coffee experience through exploration
of new technology and premier service, guided by traditional
brewing techniques. Reborn believes they differentiate themselves
from other coffee roasters through innovative techniques, including
sourcing, washing, roasting, and brewing their coffee beans with a
balance of precision and craft. For more information, please visit
www.reborncoffee.com.
Irvine, Calif.-based BCRG Group, the Company's auditor since 2024,
issued a "going concern" qualification in its report dated March
31, 2025, attached to the Company's Annual Report on Form 10-K for
the year ended Dec. 31, 2024, citing that the Company's significant
operating losses raise substantial doubt about its ability to
continue as a going concern. Reborn incurred recurring net losses,
including net losses from operations before income taxes of $4.8
million and $4.7 million for the years ended December 31, 2024 and
2023, respectively. It used $3.5 million and $3.2 million cash for
operating activities during the years ended December 31, 2024 and
2023, respectively.
RELENTLESS HOLDINGS: U.S. Trustee Unable to Appoint Committee
-------------------------------------------------------------
The U.S. Trustee for Region 21, until further notice, will not
appoint an official committee of unsecured creditors in the Chapter
11 case of Relentless Holdings Corporation, according to court
dockets.
About Relentless Holdings Corporation
Relentless Holdings Corporation is a Florida-based single asset
real estate company. The company owns and manages real property
located at 1011 Rhodes Villa Ave, Delray Beach, Fla., while
maintaining its principal place of business in Boca Raton.
Relentless Holdings sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-13399) on March 28,
2025. In its petition, the Debtor reported between $1 million and
$10 million in both assets and liabilities.
Judge Mindy A. Mora handles the case.
The Debtor is represented by Sherri B. Simpson, Esq.
RENOVARO INC: Completes Biosymetrics Merger, Issues 15M Shares
--------------------------------------------------------------
As previously reported, on February 26, 2025, Renovaro, Inc.
entered into an Agreement and Plan of Merger with Renovaro
Acquisition Sub, a Delaware corporation and wholly owned subsidiary
of Renovaro, and Biosymetrics, Inc., a Delaware corporation,
pursuant to which Renovaro agreed to acquire Biosymetrics pursuant
to the merger of Renovaro Acquisition Sub with and into
Biosymetrics, with Biosymetrics as the surviving corporation and a
wholly owned subsidiary of Renovaro.
On April 8, 2025, Renovaro consummated the Transaction and issued
15 million shares of Renovaro's common stock, par value $0.0001 per
share, to the former stockholders of Biosymetrics in accordance
with the terms of the Merger Agreement.
As previously reported, the offer and sale of the Shares have not
been registered under the Securities Act of 1933, as amended, in
reliance on the exemption from registration requirements thereunder
provided by Section 4(a)(2) thereof. Renovaro relied in part upon
representations contained in the Merger Agreement that all those
receiving Shares in connection with the Transaction are "accredited
investors" as defined in Rule 501(a) under the Securities Act.
About Renovaro Inc.
Headquartered in Los Angeles, Calif., Renovaro Inc. --
http://www.renovarobio.com-- formerly Renovaro BioSciences Inc.,
is a biotechnology company intending, if the necessary funding is
obtained, to develop advanced allogeneic cell and gene therapies to
promote stronger immune system responses potentially for long-term
or life-long cancer remission in some of the deadliest cancers, and
potentially to treat or cure serious infectious diseases such as
Human Immunodeficiency Virus (HIV) infections. As a result of the
Company's acquisition of GEDi Cube Intl on Feb. 13, 2024, the
Company has shifted the Company's primary focus and resources to
the development of the GEDi Cube Intl technologies.
Draper, Utah-based Sadler, Gibb & Associates, LLC, the Company's
auditor since 2018, issued a "going concern" qualification in its
report dated Oct. 10, 2024, citing that the Company has incurred
substantial recurring losses from operations, has used cash in the
Company's continuing operations, and is dependent on additional
financing to fund operations which raises substantial doubt about
its ability to continue as a going concern.
RITEWAY INSURANCE: Aleida Molina Named Subchapter V Trustee
-----------------------------------------------------------
The U.S. Trustee for Region 21 appointed Aleida Martinez Molina,
Esq., as Subchapter V trustee for Riteway Insurance Repair Service,
Inc.
Ms. Molina will be paid an hourly fee of $450 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Molina declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Aleida Martinez Molina, Esq.
2121 NW 2nd Avenue, Suite 201
Miami, FL 33127
Telephone: (305) 297-1878
Email: Martinez@subv-trustee.com
About Riteway Insurance Repair Service
Riteway Insurance Repair Service, Inc. is a Miami-based company
specializing in insurance-related repair services.
Riteway sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. S.D. Fla. Case No. 25-13401) on March 28, 2025. In its
petition, the Debtor reported estimated assets between $100,000 and
$500,000 and estimated liabilities between $500,000 and $1
million.
Judge Laurel M. Isicoff handles the case.
The Debtor is represented byBradley S. Shraiberg at Shraiberg Page
PA.
SANTOSELJACH LLC: U.S. Trustee Unable to Appoint Committee
----------------------------------------------------------
The U.S. Trustee for Region 21, until further notice, will not
appoint an official committee of unsecured creditors in the Chapter
11 case of SantosEljach, LLC, according to court dockets.
About SantosEljach LLC
SantosEljach, LLC filed Chapter 11 petition (Bankr. S.D. Fla. Case
No. 25-12778) on March 14, 2025, listing between $500,001 and $1
million in both assets and liabilities.
Judge Mindy A. Mora oversees the case.
SENA & SENA: Unsecureds to Split $6K via Quarterly Payments
-----------------------------------------------------------
Sena & Sena, L.L.C, d/b/a Miss Buckets, filed with the U.S.
Bankruptcy Court for the Northern District of Florida an Amended
Plan of Reorganization dated March 28, 2025.
The Debtor operates as a residential and commercial cleaning
business in the Florida panhandle. The Debtor filed this case in an
attempt to reorganize its business affairs. The Debtor's owner,
Albert Sena Jr., started this business in 2022.
The Debtor eventually obtained high interest debt caused a downward
spiral that the Debtor could not recover from. The Debtor needed to
continue taking out loans to maintain business operations which
ultimately resulted in the Debtor needing to seek bankruptcy
protection.
While the Debtor has experienced financial issues as indicated, the
Debtor strongly believes there is a path to a successful
reorganization in this case.
This Plan of Reorganization proposes to pay creditors of the Debtor
out of cash flow from the normal operations of the Debtor's
business. The sole-owner of the Debtor, Albert Sena, Jr., will
remain in that role post-confirmation.
This Plan provides for the payment of one class of a creditor's
secured claim, one class of general unsecured claims, and one class
of equity security holders. This Plan provides for the payment of
administrative and priority claims in full.
Class 2 consists of General Unsecured Claims. The class of general
unsecured claims shall receive, at minimum, a total dividend of
$6,000.00 paid pro-rata by the Debtor amongst the creditors in this
class. Payments shall commence on the fifteenth day of the month,
on the first month that begins more than ninety days after the
Effective Date and shall continue quarterly for eleven additional
quarters. The Debtor shall pay a total of $500.00 per quarter for a
total of 12 payments (disbursed pro-rata). This Class is impaired.
Total general unsecured claim amounts reflected below:
Square Financial Services: $37,093.99
Cashfloat, LLC: $35,000.00
Smart Business Connections, LLC: $90,936.00
TRF 2020 LLC: $49,170.00
Best Vision Media: $1,943.35
Class 3 consists of Equity Security Holder Albert Sena, Jr. The
equity security holder will retain his equity ownership and will
continue to receive his Court approved salary and/or benefits.
The Debtor shall fund its Plan from the continued operations of its
business. In the event that the Debtor recovers the $4,000.00 being
held by Polaris Business Advisors, then the Debtor will first pay
any administrative expenses owed and then pay any remaining funds
to the general unsecured creditors. Unless otherwise ordered by the
Court, the Debtor will make the payments under this Plan, rather
than the Subchapter V Trustee.
A full-text copy of the Amended Plan dated March 28, 2025 is
available at https://urlcurt.com/u?l=Tmbtpc from PacerMonitor.com
at no charge.
Counsel for the Debtor:
Robert C. Bruner, Esq.
Bruner Wright, P.A.
2868 Remington Green Circle, Suite B
Tallahassee, FL 32308
Telephone: (850) 385-0342
Facsimile: (850) 270-2441
Email: rbruner@brunerwright.com
About Sena & Sena
Sena & Sena, L.L.C, operates as a residential and commercial
cleaning business in the Florida panhandle.
The Debtor sought protection for relief under Chapter 11 of the
Bankruptcy Code (Bankr. N.D. Fla. Case No. 24-30936) on Nov. 6,
2024, listing up to $50,000 in assets and between $100,001 and
$500,000 in liabilities.
Judge Karen K Specie presides over the case.
Robert C. Bruner, Esq., at Bruner Wright, P.A., is the Debtor's
legal counsel.
SHIFT4 PAYMENTS: Fitch Affirms 'BB' LongTerm IDR, Outlook Stable
----------------------------------------------------------------
Fitch Ratings has affirmed Shift4 Payments, Inc. (Shift4) and
Shift4 Payments, LLC (Shift4 LLC) Long-Term Issuer Default Ratings
(IDRs) of 'BB'. The Rating Outlook for all IDRs is Stable. Fitch
has also affirmed Shift4 LLC's ratings of 'BB' with a Rating
Recovery of 'RR4' senior unsecured issuances, which are co-issued
by Shift4 Payments Finance Sub, Inc., as well as Shift4 LLC's
'BBB-'/'RR1' senior secured revolving credit facility.
Shift4's IDR reflects Fitch's expectations of continued expansion
in the U.S. and internationally through various market segments,
which should lead to growing positive FCF generation and EBITDA
leverage of around 3.5x or below. Offsetting attributes include
smaller EBITDA scale and more limited diversification than
higher-rated peers', and stiff competition.
Key Rating Drivers
Acquisition Increases Offerings, Diversification: The acquisition
of Global Blue Group Holding AG should expand Shift4's offerings
and increase its geographic diversification. The acquisition will
also increase the complexity of its operations due to accelerated
expansion into multiple jurisdictions. Global Blue holds
approximately a 70% market share in the tax-free shopping segment
per its most recent filing, offering services like VAT refund
processing and dynamic currency conversion. This acquisition will
add approximately $200 million to Shift4's EBITDA with the
potential to scale through various cross-selling revenue
synergies.
Fitch expects Shift4 to generate pro forma revenue of $4.5 billion,
EBITDA of $1 billion and FCF of $450 million. The total enterprise
value of the deal is approximately $2.5 billion and the transaction
is anticipated to close by the third quarter of 2025, pending
regulatory approvals and other customary closing conditions. As of
April 17, 2025, approximately 96.42% of Global Blue shares have
been tendered.
Leveraged but Manageable Acquisition: Fitch expects Shift4's pro
forma EBITDA leverage to be 4.5x at the close of the acquisition
and to decline to around 3.5x in 2026. This compares with leverage
of 4.5x in 2024 and 3.9x in 2023. A large portion of the projected
deleveraging is driven by the paydown of $690 million of
convertible notes due in December 2025. This will be funded with
Shift4's cash balance of $1.2 billion as of 1Q25, and consolidated
EBITDA growth. Fitch expects the company to deploy FCF toward
organic and inorganic growth as well as shareholder returns over
material additional deleveraging.
Sound Growth Prospects: Fitch expects Shift4 to grow rapidly as it
continues to add merchants to its integrated payment platform
domestically and internationally as well as through new business
verticals and acquisitions, leading to rapid scaling up of its
business. Gross revenue has increased fivefold over the last five
years while its standalone EBITDA is forecast to rise above $800
million for 2025 from roughly neutral levels in 2019 under Fitch's
projection.
Exposure to Discretionary Spending: Shift4 is a provider of
integrated hardware-software payment processing solutions for
mid-sized to large businesses in the restaurant, hospitality and
entertainment industries where it generates most of its revenue.
The sensitivity of these industries to discretionary spending could
result in cash flow volatility if the company's growth slows under
recessionary periods. Although Shift4 is expanding internationally,
Fitch expects the company to continue to derive more than 80% of
its revenue from the U.S.
Competitive Industry: Shift4 operates in highly competitive
end-markets characterized by technology disruption and pricing
competition from "legacy" fintechs, large technology providers, as
well as younger, software-centric fintech companies. Key
competitors include JPMorgan (via its Chase Paymentech business),
Fiserv, Adyen, Block and Toast, among many others. The company is
well-positioned as an integrated payment platform, but it will
continue to face emerging competition.
Positive FCF: Shift4's FCF should increase as the company continues
to scale up. Fitch projects FCF to grow around $500 million per
year over the next three years. It generated about $250 million of
FCF in 2023 and roughly $300 million in 2024. Cash flow leverage,
measured as cash flow from operations (CFO) less capex as a share
of debt, is forecast at around 10%, which is solid for a 'BB'
rating in the payments sector.
Parent-Subsidiary Linkage: Under Fitch's Parent and Subsidiary
Linkage Rating Criteria Fitch views the primary operating
subsidiary and debt issuer, Shift4 LLC, as stronger than its parent
Shift4. Fitch assesses ring-fencing and access and control as both
'open' due to minimal limitations on intercompany flows as well as
the common ownership by the group's founder. As such, Fitch rates
Shift4 and Shift4 LLC at the consolidated level with no notching
between the two entities.
Peer Analysis
Shift4 competes against certain Fitch-rated issuers including Block
(BB+/Positive) and, to a lesser extent, NCR Voyix Corporation
(BB-/Rating Watch Positive [RWP]) as well as Global Payments
(BBB/Stable).
Global Payments and Block are significantly larger and more
diversified than Shift4, with Global Payments having much higher
cash flow profitability. While Shift4 and Block have high growth
profiles, Fitch expects Shift4 to continue to grow at a faster
pace. Block's Outlook is Positive as Fitch projects that the
company could operate with leverage below 3.0x, is developing
material scale and presence in its end-markets and has a net cash
position.
Shift4 is growing revenue and earnings more rapidly relative to NCR
Voyix and will have more meaningful scale in the next four years.
Compared with Boost Newco Borrower, LLC (dba Worldpay; BB/RWP)
Shift4 is considerably smaller but has a stronger growth profile,
and Fitch expects it to operate with lower leverage. Worldpay's
ratings are on RWP as the company is being acquired by higher
rated, Global Payments and Fitch believes that Worldpay's business
and financial risk post-acquisition could more closely resemble
that of the combined entity.
Key Assumptions
- The acquisition closes at the end of the third quarter of 2025;
- Standalone gross revenue to grow around 20% in 2025 and low to
mid-teens in 2026 and 2027;
- EBITDA to increase to the low 20% of revenue in the next three
years (or roughly to 50%+ of revenue less network fees) as the
company scales up;
- Capex at about 5%-6% of revenue;
- Excess cash is used to fund share buybacks and M&As;
- Floating-rate debt assumes SOFR declines to 3.5% range starting
in 2026.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Greater scale leading to more stable cash flow;
- CFO less capex/debt expected to be sustained at 8% or above;
- EBITDA leverage sustained at below 3.5x.
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- EBITDA leverage consistently above 4.0x;
- Significant fundamental shifts in the business that negatively
affect revenue, EBITDA and/or FCF;
- CFO less capex/debt expected to be below 4% on a sustained
basis.
Liquidity and Debt Structure
Its forecast suggests FCF in the $400 million to $500 million
range, which, along with EBITDA leverage around 3.5x, supports
Shift4's liquidity. Cash and cash equivalents was about $1.2
billion as of 1Q25, of which $160 million was held outside the U.S.
The company's next material maturity will be its $690 million of
convertible notes due December 2025 and $450 million of senior
unsecured bonds in November 2026. Shift4 has $450 million under a
revolver facility, which is undrawn, with a September 2029
maturity.
Shift4's consolidated debt as of 1Q25 consisted of $450 million of
senior unsecured bonds issued by Shift4 LLC, $1.3 billion of
convertible notes issued at Shift4, of which $690 million mature in
December 2025 and $633 million mature in August 2027, and $1.1
billion of notes due 2032.
Issuer Profile
Shift4 provides software and payment processing solutions in the
U.S. and internationally to businesses primarily in the restaurant,
hospitality and entertainment industries.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
Shift4 has an ESG Relevance Score of '4' for Governance Structure
due to its significant control and ownership by CEO Jared Isaacman.
Mr. Isaacman has been a key force behind the company's success
historically which presents key-person risk as well as risks of
misaligned incentives between shareholder and debtholder interests.
This factor was a consideration, in conjunction with other factors,
used in Fitch's rating analysis that could have a negative impact
over time on the IDR. Mr. Isaacman's control may be reduced
following confirmation by the senate of his NASA Administrator
role.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Shift4 Payments
Finance Sub, Inc.
senior unsecured LT BB Affirmed RR4 BB
Shift4 Payments, Inc. LT IDR BB Affirmed BB
Shift4 Payments, LLC LT IDR BB Affirmed BB
senior unsecured LT BB Affirmed RR4 BB
senior secured LT BBB- Affirmed RR1 BBB-
SILVERGATE CAPITAL: Shareholders Push for Expanded Probe in Ch. 11
------------------------------------------------------------------
Rick Archer of Law360 Bankruptcy Authority reports that investors
in the bankrupt parent of Silvergate Bank have urged a Delaware
bankruptcy judge to widen the court-ordered investigation into
possible insider litigation claims, citing an examiner's report
that highlighted deficiencies in the debtor's internal probe.
About Silvergate Capital Corporation
Silvergate Capital Corporation is a Maryland corporation
headquartered in La Jolla, Calif. Until July 1, 2024, it was a bank
holding company subject to supervision by the Board of Governors of
the Federal Reserve.
Silvergate Capital Corporation filed voluntary Chapter 11 petition
(Bankr. D. Del. Lead Case No. 24-12158) on Sept. 17, 2024, listing
$100 million to $500 million in assets and $10 million to $50
million in liabilities. The petitions were signed by Elaine Hetrick
as chief administrative officer.
Judge Karen B. Owens oversees the case.
Paul N. Heath, Esq., at Richards, Layton & Finger, P.A. represents
the Debtor as legal counsel.
SOLUNA HOLDINGS: Reveals Monthly Business Update for March
----------------------------------------------------------
Soluna Holdings, Inc. announced its March 2025 project site-level
operations, developments, and updates.
The Company has provided the following Corporate and Site Updates.
Corporate Highlights:
* Soluna Announced 2024 Annual and Q4 Results & Business
Update – Reports Revenue Growth of 80.5% to $38 million for
2024.
* Soluna and Luxor Announce Turnkey Mining Success with
BitMine – New Case Study Explores How Soluna and Luxor Delivered
a Seamless, Scalable Mining Model for BitMine.
* Project Dorothy 2 Powers Up, Increasing Soluna's Bitcoin
Hosting Capacity by 60% to 123 MW – Initial phase powered up and
ramping; To be completed by Q4 2025.
* Soluna Secures $5 Million in Non-Dilutive Debt Financing
from Galaxy Digital – The loan will have a five-year term. It is
secured, with limited recourse to the parent company--highlighting
the strength of project-level standalone cash flows and the ability
to attract institutional financing.
* Second Patent Awarded – Soluna's second utility patent has
been awarded (Patent #: US12250794B2). It broadens the scope of
Soluna's Modular Data Center patent (Patent #: US11974415B2), which
focuses on the layout of modular data center buildings on a site,
crucial for the thermal efficiency conversion of wasted energy into
computing.
* Strategic Termination of HPE Agreement – CEO John
Belizaire and CFO John Tunison answer questions about Soluna's
strategic termination of the Hewlett Packard Enterprise Company
(HPE) contract. To help provide more transparency, we've recently
updated the HPE FAQ.
* New AMA – CFO John Tunison answers shareholders' and
potential investors' most-asked questions in the latest installment
of Soluna's "Ask Me Anything" (AMA) series.
* New Podcast – In the latest episodes of Soluna's Clean
Integration podcast, the team discusses AI's environmental impact,
the quickly changing AI industry, and more.
Key Project Updates:
Project Dorothy 1A (25 MW, Bitcoin Hosting) / Project Dorothy 1B
(25 MW, Bitcoin Prop-Mining):
* Project Dorothy 1A customer deployments have been completed,
and investments at Project Dorothy 1B have yielded strong hashrate
growth over previous months.
* The site successfully met the ancillary services
requirements for Q1 2025.
Project Dorothy 2 (48 MW Under Construction, Bitcoin Hosting):
* The commissioning of Phase 1 is ongoing and on track to be
completed by the end of this month.
* Hosting negotiations are in the process of being finalized,
and equipment is in the process of being staged for deployment.
* Progress on phase 2 is accelerating, with the mechanical
framing of MDCs expected to be completed by the end of the month.
* The operational team continues to expand with additional new
hires to support the transition to operations.
Project Sophie (25 MW, Bitcoin Hosting with Profit Share, AI
Hosting):
* 2 MW deployment has been completed, expanding an existing
customer with an upgraded fleet.
* An additional 3.3 MW fleet upgrade is planned for May.
Project Kati (166 MW Under Development, Bitcoin Hosting and AI):
* The Phase 1 (83 MW) substation upgrade is planned to be
completed in May.
* The construction bid process for Phase 1 (83 MW) of Bitcoin
Hosting has been launched and will be completed this month to
finalize capital requirements.
* Long lead equipment procurement continues.
* Final stages for potential land lease underway.
Customer Success:
* Partnership growth and expansion at Project Sophie. This
would be our 3rd partnership expansion with this hyperscale
partner.
* Project Dorothy 2 contracting is almost complete for April-
September 2025; 48 MWs with new partners are in the final stages of
negotiation.
* Our team recently attended the annual Mining Disrupt
conference and received positive feedback from key market players
about Soluna's hosting services and our ability to meet increasing
market demand for hosting.
About Soluna Holdings
Headquartered in Albany, N.Y., Soluna Holdings designs, develops,
and operates digital infrastructure that transforms surplus
renewable energy into global computing resources. The Company's
modular data centers can be co-located with wind, solar, or
hydroelectric power plants and support compute-intensive
applications, including Bitcoin mining, generative AI, and
scientific computing. This approach aids in energizing a greener
grid while providing cost-effective and sustainable computing
solutions.
Albany, N.Y.-based UHY LLP, the Company's auditor since 2021,
issued a "going concern" qualification in its report dated Mar. 31,
2025, attached in the Company's Annual Report on Form 10-K for the
year ended Dec. 31, 2024, citing that the Company was in a net
loss, has negative working capital, and has significant outstanding
debt that raise substantial doubt about its ability to continue as
a going concern.
SPORTIF VENTURES: Section 341(a) Meeting of Creditors on June 3
---------------------------------------------------------------
On April 29, 2025, Sportif Ventures LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the District of
Arizona. According to court filing, the Debtor reports between
$500,000 and $1 million in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on June 3,
2025 at 09:45 AM as a Telephonic Hearing.
About Sportif Ventures LLC
Sportif Ventures LLC, operating as Biloxi Bicycle Works and
GovVelo, is a bicycle retailer based in Biloxi, Mississippi.
Sportif Ventures LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ariz. Case No. 25-03763) on April 29,
2025. In its petition, the Debtor reports estimated assets between
$100,000 and $500,000 and estimated liabilities between $500,000
and $1 million.
The Debtor is represented by Grant L. Cartwright, Esq. at May,
Potenza, Baran & Gillespie, P.C.
SRP CAPITAL: To Sell Perth Amboy Property to 395-397 Mechanical
---------------------------------------------------------------
SRP Capital LLC seeks approval from the U.S. bankruptcy Court for
the District of New Jersey, to sell Property, free and clear of
liens, interests, and encumbrances.
The Debtor's Property that is up for sale is located at 395-397
Mechanic Street, Perth Amboy, New Jersey.
The Debtor wants to sell the Property to 395-397 Mechanical LLC in
the purchase price of $750,000.
Included in the sale are fixtures including fireplaces, patios,
built-in shelving, gas and electric fixtures, chandeliers,
wall-to-wall carpeting, linoleum, mats and matting in halls,
screens, shades, awnings, storm windows and doors. TV, antenna,
water pump, sump pump, and water softeners.
The Debtor will pay the Realtor's commission for services rendered
in the sale.
About SRP Capital LLC
SRP Capital LLC filed a petition for relief under Subchapter V of
Chapter 11 of the Bankruptcy Code (Bankr. D.N.J. Case No. 23-15309)
on June 20, 2023, with as much as $1 million in both assets and
liabilities. Judge Stacey L. Meisel oversees the case.
Robert C. Nisenson, LLC serves as the Debtor's bankruptcy counsel.
STARSHIP LOGISTICS: Unsecureds Will Get 9.5% of Claims in Plan
--------------------------------------------------------------
Starship Logistics LLC submitted a First Amended Disclosure
Statement describing Chapter 11 Plan of Reorganization dated March
28, 2025.
The Plan described in this Disclosure Statement is a reorganizing
plan. The Plan described in this Disclosure Statement provides for
the Debtor's emergence from its chapter 11 case, which the Debtor
anticipates will occur in approximately July 2025.
The Plan provides for a recapitalization as follows: (a) a $75,000
contribution from Clarence Xu, or his assignee (the "New Equity
Investor") in exchange for a 100% membership interest in the
Debtor. This contribution will be used to, among other things, fund
the Plan and provide the Reorganized Debtor with sufficient working
capital.
The Debtor is the Plan proponent. Under the Plan, Mr. Xu (or an
assignee) intends to purchase the membership interests of the
Debtor from RPG Star Holdings, Inc. in exchange for a cash infusion
to fund the Debtor's Plan.
Under the Plan, the Debtor's current General Unsecured Creditors
will receive their pro rata share of at least $250,000 over the
course of the Plan, or approximately 9.5% distribution on their
Claims. The Debtor believes that the pursuit of any preference
litigation would cause substantial ill-will against the Reorganized
Debtor with its vendors, which the Debtor believes would negatively
interfere with the Reorganized Debtor's business operations and
reorganization efforts.
Through this bankruptcy, the Debtor has been able to reduce its
footprint to a more manageable size based on its current customer
needs. This problem was the primary issue to be solved in the
bankruptcy case, and the Debtor believes it has largely achieved
its goals in that regard. The Debtor anticipates bringing claim
objections post-confirmation in order to reduce the size of the
pool of allowed general unsecured creditors. The Debtor anticipates
operating at a profit in the future, and will be able to pay its
creditors through the Plan, receive a discharge, and continue its
operations successfully.
Class 3 consists of All General Unsecured Claims. Holders of
Allowed General Unsecured Claims shall receive their pro rata share
of at least $250,000 over the life of the Plan. This Class will
receive a distribution of 9.5% of their Allowed General Unsecured
Claim. This calculation is subject to change based on resolution of
Disputed Claims and passage of the Claims Bar Date.
The allowed unsecured claims total $2,614,401 (this number is
subject to change based upon the resolution of Disputed Claims and
passage of Bar Date). This Class is impaired.
The Plan will be funded by the Exit Financing in the aggregate
amount of approximately $75,000, plus the Debtor's estimated Cash
on hand of approximately $57,298 as of July 1, 2025, the estimated
Effective Date.
A full-text copy of the First Amended Disclosure Statement dated
March 28, 2025 is available at https://urlcurt.com/u?l=HteN2C from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Susan K. Seflin, Esq.
Steven T. Gubner, Esq.
Jessica L. Bagdanov, Esq.
BG Law LLP
21650 Oxnard Street, Suite 500,
Woodland Hills, CA 91367
Tel: (818) 827-9000
Fax: (818) 827-9099
Email: sgubner@bg.law
sseflin@bg.law
jbagdanov@bg.law
About Starship Logistics
Starship Logistics, LLC, a company in Long Beach, Calif., offers
freight transportation arrangement services.
Starship Logistics sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 24-18834) on Oct. 28,
2024, with $1 million to $10 million in both assets and
liabilities. Clarence Xu, chief executive officer and managing
director, signed the petition.
Judge Barry Russell oversees the case.
The Debtor is represented by Susan K. Seflin, Esq., at BG Law, LLP.
STEEL FABRICATORS: To Sell Equipment to KDM Steelworks for $120K
----------------------------------------------------------------
Steel Fabricators Inc. seeks permission from the U.S. Bankruptcy
Court for the District of Colorado, to sell equipment, free and
clear of liens, interest, and encumbrances.
The Debtor owned a 2021 Accupress Advantage 740012 Press Brake.
The Colorado Department of Revenue (CDOR) filed proof of claim in
the amount of $5,917.23 plus 12% interest claiming a first
statutory lien on all assets of Debtor.
The Equipment is subject to the secured lien of BMO Bank, N.A. in
the amount of $104,001.30.
The Debtor wants to sell the equipment to KDM Steelworks for a
total of $120,000.00, which shall consist of the Buyer assuming the
loan with BMO pursuant to terms agreed to between the Buyer and BMO
and payment of the difference to Debtor. In connection with
assuming the loan, the Buyer agrees to pay the required cure amount
and complete the application and process requested by BMO.
The proceeds received by Debtor from the sale of the Equipment will
be applied first towards the first priority lien of CDOR, then
after CDOR is paid in full any sale proceeds shall be used to fund
the Debtor's ongoing business operations.
About Steel Fabricators Inc.
Steel Fabricators, Inc., doing business as SFI, sought protection
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Colo. Case
No. 24-17584) on December 23, 2024, with $500,000 to $1 million in
assets and $1 million to $10 million in liabilities. Heidi Fox,
CEO, signed the petition.
Judge Joseph G. Rosania Jr. presides over the case.
Katharine S. Sender, Esq. at Allen Vellone Wolf Helfrich & Factor,
P.C. represents the Debtor as legal counsel.
SUNNOVA ENERGY: Extends SVP's Employment, Grants Special Bonuses
----------------------------------------------------------------
Sunnova Energy International Inc. disclosed in a Form 8-K Report
filed with the U.S. Securities and Exchange Commission that the
Board of Directors authorized the extension of Kimberly Hammer's
employment with the Company through September 30, 2025.
As previously disclosed in the Company's Current Report on Form 8-K
filed on February 18, 2025, on February 14, 2025, the Company and
Ms. Kimberly Hammer, Senior Vice President, Chief Accounting
Officer, confirmed the terms of Ms. Hammer's separation of
employment with a departure date of May 31, 2025, following Ms.
Hammer's expression of an intention to resign to pursue other
opportunities.
Subject to Ms. Hammer remaining employed with the Company through
September 30, 2025, Ms. Hammer's employment will automatically
terminate on the Separation Date and the Company will consider the
termination a termination of employment without Cause under Section
3.3 of the Executive Severance Agreement entered into between Ms.
Hammer and the Company, effective as of August 26, 2019, in
accordance with and subject to the terms thereof. Provided,
however, that any amounts payable pursuant to Section 3.3(a)(ii)
and (iii) will be paid in a lump sum payment on the next pay period
following Ms. Hammer's satisfaction of the conditions precedent
contained within the Severance Agreement. Except as noted above,
the terms and conditions of the Severance Agreement are
substantially similar to those described in the Form of Executive
Severance Agreement incorporated by reference as Exhibit 10.19 to
the Company's Form 10-K filed on March 3, 2025.
On April 4, 2025, the Board approved the grant of a special bonus
award for each of Messrs. Michael Grasso, Executive Vice President,
Chief Revenue Office, and David Searle, Executive Vice President,
General Counsel and Chief Compliance Officer and Ms. Robyn Liska,
Interim Chief Financial Officer and interim principal financial
officer.
Special Bonus Awards:
Michael Grasso $ 175,596
David Searle $ 162,325
Robyn Liska $ 400,000
The Award granted to Ms. Liska replaces the previously approved
$200,000 discretionary success bonus, which was disclosed in the
Company's Current Report on Form 8-K filed on April 1, 2025. Ms.
Liska is no longer eligible to receive the Prior Bonus.
The Awards are contingent upon the Officers' continuous employment
with the Company and maintaining good standing through December 31,
2025. Should an Officer resign or be terminated for cause prior to
that date, such Officer will forfeit payment of the Award in its
entirety if the Award has not yet been paid. If the Award has
already been paid to the Officer and such Officer resigns or is
terminated for cause before December 31, 2025, the Company will be
entitled to deduct the amount of the Award from any amounts it owes
to the Officer. Additionally, the Officer will be required to repay
any remaining amount of the Award paid within 10 calendar days from
the date of separation if such Officer owes more than the Company
owes the Officer in such Officer's final salary payment from the
Company.
About Sunnova Energy
Sunnova Energy International Inc. (NYSE: NOVA) is an
industry-leading adaptive energy services company focused on making
clean energy more accessible, reliable, and affordable for
homeowners and businesses. Through its adaptive energy platform,
Sunnova provides a better energy service at a better price to
deliver its mission of powering energy independence.
* * *
In April 2024, Fitch Ratings has downgraded Sunnova Energy
International Inc.'s (Sunnova) and Sunnova Energy Corporation's
(SEC) Long-Term Issuer Default Ratings (IDRs) to 'C' from 'CCC-'.
Fitch has also downgraded SEC's senior unsecured debt to 'C' with a
Recovery Rating of 'RR4' from 'CCC'/'RR4'.
The downgrade reflects initiation of a 30-day grace period
following Sunnova's election of non-payment of $23.5 million of
interest on its $400 million senior notes maturing 2028, which was
due on April 1, 2025. This development comes amid substantial
refinancing risk and persistently weak cash flows.
TAMPA BRASS: Gets Extension to Access Cash Collateral
-----------------------------------------------------
Tampa Brass and Aluminum Corporation received interim approval from
the U.S. Bankruptcy Court for the Middle District of Florida to use
cash collateral until May 14, marking the sixth extension since the
company's Chapter 11 filing.
The court's previous interim order allowed the company to access
cash collateral for the period from April 9 to 16.
The sixth interim order authorized the company to pay the expenses
set forth in its budget from the cash collateral and grant its
secured creditors a post-petition lien on the cash collateral to
the same extent and with the same validity and priority as their
pre-bankruptcy liens.
The next hearing is set for May 14.
About Tampa Brass and Aluminum Corporation
Tampa Brass and Aluminum Corporation --
https://tampabrass.com/about/ -- is a supplier of cast machined
parts for the commercial and defense industries. The company is
based in Tampa, Fla.
Tampa Brass and Aluminum filed Chapter 11 petition (Bankr. M.D.
Fla. Case No. 25-00105) on January 9, 2025. In its petition, the
Debtor reported between $1 million and $10 million in assets and
between $10 million and $50 million in liabilities.
Judge Roberta A. Colton oversees the case.
Scott A. Stichter, Esq., at Stichter, Riedel, Blain & Postler, P.A.
represents the Debtor as legal counsel.
The U.S. Trustee for Region 21 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case.
TECTUM ROOFING: Updates Unsecured Claims Pay Details
----------------------------------------------------
Tectum Roofing, LLC, submitted an Amended Plan of Reorganization
dated March 27, 2025.
The Debtor firmly believes that the Plan represents the best
alternative for providing the maximum value for creditors. The
Plan provides creditors with a distribution on their Claims in an
amount greater than any other potential known option available to
the Debtor.
The Debtor has listed a number of payments in the ninety days prior
to filing. The Debtor is still reviewing the transfers, but does
not believe that any claims arising under section 547 (preferential
transfers) or 548 (fraudulent conveyances) exist or have any value
to the estate based on its preliminary review, except for payments
made in the amount of approximately $11,000 to Polaris/Rise Group
during the 90-day period.
The Debtor has made a demand for the $11,000 plus a balance of
estate funds held by Polaris for a total of approximately $14,000.
The Debtor has resolved these issues with Polaris and filed a
motion to approve a settlement agreement for receipt of $10,000 in
full and final satisfaction of the Debtor's claims against Polaris.
The motion is out on notice.
Class 8 is comprised of the Allowed General Unsecured Claims
holding unsecured claims against the Debtor. Class 8 shall receive
a pro-rata distribution equal to an escalating percentage of the
Debtor's Gross Revenue calculated on annual basis for a five-year
period beginning on the one-year anniversary of the Effective Date
of the Plan ("Class 8 Plan Term") as follows:
Year 1: 1%
Year 2: 2%
Year 3: 3%
Year 4: 4%
Year 5: 5%;
Commencing on the first day of the second calendar year following
the commencement of the Class 8 Plan Term and continuing each year
thereafter, the Debtor shall distribute an amount equal to the
respective percentage of the prior 12 month's Gross Revenue. By way
of example, if the Plan is confirmed in March 2025, the first
distribution shall be made annually based on the Gross Revenue
generated from April 2025 through March 2026.
Based on the Debtor's projections, the Debtor estimates that Class
8 Claims will receive a total of approximately $1,437,500 over a
five-year period, or approximately 90.97% on account of their
claims totaling approximately $1,580,215. Upon request by any party
in interest, the Debtor shall provide an annual financial
statement, including amounts disbursed to creditors in accordance
with the Plan.
Class 9 is comprised of the sole member of the Debtor, Moriarty
Group, LLC. Class 9 is unimpaired by the Plan. On the Effective
Date of the Plan, Class 9 interest holders shall retain all
interests held on the Petition Date.
The Debtor's Plan is feasible based upon the Debtor's prepared
projections, which reflect a conservative prediction of the
Debtor's operations during the term of the Plan. As evidenced by
the projections, the Debtor anticipates that its income will be
overall positive during the term of the Plan, and will generate
sufficient revenue to meet its obligations under the Plan.
A full-text copy of the Amended Plan dated March 27, 2025 is
available at https://urlcurt.com/u?l=09aaPn from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Jenny M.F. Fujii, Esq.
KUTNER BRINEN DICKEY RILEY PC
1660 Lincoln Street, Suite 1720
Denver, CO 80264
Tel: (303) 382-2400
Email: jmf@kutnerlaw.com
About Tectum Roofing
Tectum Roofing, LLC, specializes in roofing services, focusing on
projects that require durable, high-quality solutions. Known for
their expertise in both commercial and residential roofing, the
company handles installations, repairs, and maintenance.
Tectum Roofing sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Colo. Case No. 24-16169) with $1 million
to $10 million in both assets and liabilities. Mark Dennis, a
certified public accountant at SL Biggs, serves as Subchapter V
trustee
Judge Michael E Romero oversees the case.
Jeffrey S. Brinen, Esq., at Kutner Brinen Dickey Riley, P.C., is
the Debtor's legal counsel.
TOMMY'S FORT: Chapter 11 Trustee Files Liquidating Plan
-------------------------------------------------------
Mark E. Andrews, the chapter 11 trustee appointed in the chapter 11
cases of Tommy's Fort Worth, LLC and its affiliates, submitted a
Disclosure Statement describing his Joint Chapter 11 Plan for the
Debtors dated March 28, 2025.
The Debtors offered a wide range of services with fourteen
dealerships and five on-water rental programs across Texas,
Colorado, Michigan, Arizona, California, Florida, Nevada, and
Tennessee.
The Debtors are comprised of seventeen limited liability companies
that are either wholly owned by Matthew Borisch or the Matthew
Allen Borisch Trust. The Trustee believes that Matthew Borisch
owns, directly or indirectly, each of the Debtors in these Chapter
11 Cases. The Debtors generated revenue from four primary revenue
streams: (1) boat sales, (2) service and repair, (3) pro shop
sales, and (4) waterfront rental and fueling.
The plan proposes to pay unsecured creditors through a liquidating
trust called the "Creditor Trust." The key feature of the Plan
includes a proposed settlement with M&T Bank, the Debtors' primary
Prepetition Lender. Under the settlement, M&T Bank will contribute
approximately $2,960,000 of its Cash Collateral (in addition to
Cash Collateral previously used with M&T Bank's consent during the
course of the chapter 11 cases).
The Contributed Cash Collateral will be funded into the following
Plan Reserves:
* $500,000 to be funded into an Administrative Claims
Reserve;
* $1,750,000 to be funded into a Priority Claims Reserve;
* $360,000 to be funded into a Customer Constructive Claims
Reserve; and
* $350,000 to be funded into a Creditor Trust Reserve.
These Plan Reserves will allow for payment of outstanding
administrative expenses, professional fee claims, priority tax and
non-tax claims, customer claim settlements, and pro rata
distributions to other general unsecured non-priority creditors.
In exchange for additional cash contribution, M&T Bank (the
Prepetition Lender) shall receive in partial satisfaction of the
Allowed Prepetition Lender's Secured Claims all Cash held by the
Debtors or the Trustee on the Effective Date, except as necessary
to fund the Plan Reserves, and M&T Bank will further receive
releases from the Trustee and all creditors and parties in interest
who do not affirmatively "opt out" of the proposed settlement.
Class 5 consists of General Unsecured Claims. Except to the extent
that a holder of an Allowed General Unsecured Claim against a
Debtor agrees to less favorable treatment, each holder of an
Allowed General Unsecured Claim shall receive a Creditor Trust
Interest. Distributions to holders of Allowed General Unsecured
Claims who receive a Creditor Trust Interest shall be on a Pro Rata
basis with all other Allowed General Unsecured Claims, as set forth
in the Creditor Trust Agreement.
Notwithstanding the foregoing, solely for purposes of any
distribution made from the portion of the Contributed Cash
Collateral funded into the Creditor Trust Reserve, the Prepetition
Lender's Allowed General Unsecured Claim shall be subordinated to
the holders of all other Allowed General Unsecured Claims. Class 5
Claim holders are impaired under the Plan.
Class 8 consists of Equity Interests. On the Effective Date, all
Equity Interests in each Debtor shall be cancelled, extinguished,
and of no further force or effect. Holders of Equity Interests
shall neither retain nor receive any property under the Plan on
account of such Equity Interests. Holders of Equity Interests are
conclusively deemed to have rejected the Plan and are not entitled
to vote.
The Creditor Trust shall be established for the benefit of the
holders of Allowed General Unsecured Claims. This section sets
forth the general terms of the Creditor Trust and certain of the
rights, duties, and obligations of the Creditor Trustee. In the
event of any conflict between the terms of this section and the
terms of the Creditor Trust Agreement, the terms of the Creditor
Trust Agreement shall govern.
A full-text copy of the Disclosure Statement dated March 28, 2025
is available at https://urlcurt.com/u?l=Xe6G8I from
PacerMonitor.com at no charge.
Counsel to Mark E. Andrews, Chapter 11 Trustee:
Aaron M. Kaufman, Esq.
Jason S. Brookner, Esq.
Lydia R. Webb, Esq.
Emily F. Shanks, Esq.
GRAY REED
1601 Elm Street, Suite 4600
Dallas, TX 75201
Tel: (214) 954-4135
Fax: (214) 953-1332
Email: jbrookner@grayreed.com
akaufman@grayreed.com
lwebb@grayreed.com
eshanks@grayreed.com
About Tommy's Fort Worth
Tommy's is a premium boat dealer with 16 locations across the
United States.
Tommy's Fort Worth, LLC and its affiliates concurrently filed
voluntary petitions for relief under Chapter 11 of the Bankruptcy
Code (Bankr. N.D. Lead Case No. 24-90000) on May 20, 2024. The
petitions were signed by Monica S. Blacker as chief restructuring
officer. At the time of filing, the Lead Debtor estimated $1
million to $10 million in assets and $100 million to $500 million
in liabilities.
Judge Edward L. Morris presides over the case.
Liz Boydston, Esq. at GUTNICKI LLP, is the Debtor's counsel.
TSFG LLC: Tamara Miles Ogier Named Subchapter V Trustee
-------------------------------------------------------
The U.S. Trustee for Region 21 appointed Tamara Miles Ogier, Esq.,
at Ogier, Rothschild & Rosenfeld, PC as Subchapter V trustee for
TSFG, LLC.
Ms. Ogier will be paid an hourly fee of $450 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Ogier declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Tamara Miles Ogier, Esq.
Ogier, Rothschild & Rosenfeld, PC
P.O. Box 1547
Decatur, GA 30031
Phone: (404) 525-4000
About TSFG LLC
TSFG, LLC, also known as The Skyfall Group, is a family-owned
company specializing in exterior home repairs and storm restoration
services for both residential and commercial properties. It offers
a comprehensive range of services, including roof repair and
replacement, gutter installation, siding, and painting. Operating
primarily in Georgia, Tennessee, and Kentucky, Skyfall Group prides
itself on its expertise in insurance restoration, providing free
inspections and offering a five-year labor warranty on roof
replacements.
TSFG filed Chapter 11 petition (Bankr. N.D. Ga. Case No. 25-53596)
on April 1, 2025, listing between $100,001 and $500,000 in assets
and between $1 million and $10 million in liabilities. Scott Osmon,
a member of TSFG, signed the petition.
Judge Jeffery W. Cavender oversees the case.
The Debtor is represented by:
William A. Rountree, Esq.
Rountree Leitman Klein & Geer, LLC
Tel: 404-584-1238
Email: wrountree@rlkglaw.com
TZADIK RAPID: Section 341(a) Meeting of Creditors on June 3
-----------------------------------------------------------
On April 27, 2025, Tzadik Rapid City Portfolio I LLC filed
Chapter 11 protection in the U.S. Bankruptcy Court for
the Southern District of Florida. According to court filing, the
Debtor reports $16,728,078 in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
A meeting of creditors under Section 341(a) to be held on June 3,
2025 at 09:30 AM by Telephone.
About Tzadik Rapid City Portfolio I LLC
Tzadik Rapid City Portfolio I LLC is a real estate investment
company based in Hollywood, Florida. The firm focuses on
multifamily properties and operates under the Tzadik Management
Group, which handles property management, asset management, and
construction management.
Tzadik Rapid City Portfolio I LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-14655)
on April 27, 2025. In its petition, the Debtor reports total
assets of $24,700,000 and total liabilities of $16,728,078.
Honorable Bankruptcy Judge Scott M. Grossman handles the case.
The Debtor is represented by Morgan B. Edelboim, Esq. at EDELBOIM
LIEBERMAN PLLC.
UNDER ARMOUR: Moody's Cuts CFR to 'Ba3', Outlook Negative
---------------------------------------------------------
Moody's Ratings downgraded Under Armour, Inc.'s (Under Armour)
ratings, including its corporate family rating to Ba3 from Ba2,
probability of default rating to Ba3-PD from Ba2-PD, and senior
unsecured notes rating to B1 from Ba3. The company's speculative
grade liquidity rating (SGL) was downgraded to SGL-3 from SGL-1.
The outlook remains negative.
The CFR downgrade to Ba3 reflects Moody's expectations that
weakening consumer discretionary spending and increased tariff
costs are likely to lead to lower earnings over the next 12-18
months. In addition, uncertainty around trade policy and consumer
spending will make it more difficult for Under Armour to execute
its turnaround strategy including efforts to elevate the brand,
reduce promotions and revamp its product, marketing and
marketplace. Moody's previously expected both operating margin and
earnings to recover in fiscal 2026.
The downgrade to SGL-3 reflects Moody's expectations that Under
Armour will maintain adequate liquidity, with modestly negative
free cash flow in fiscal 2026 that can be supported by its solid
cash balances and full access to its $1.1 billion revolver. It also
reflects the company's 2026 and 2027 debt maturities.
RATINGS RATIONALE
Under Armour's Ba3 CFR reflects the company's well-recognized brand
and diversified distribution in the athletic apparel and footwear
market. The company has a strong position in the sports performance
apparel category, which it aims to leverage as part of the brand
elevation strategy and turnaround plan led by CEO and founder Kevin
Plank. Under Armour's relatively low level of funded debt provides
key credit support, and Moody's expects leverage to remain moderate
over the next 12-18 months despite lower earnings. Moody's projects
Moody's-adjusted debt/EBITDA (which does not add back most
restructuring and one-time charges) to increase to mid-3x to mid-4x
in fiscal 2026 from 2.9x as of December 31, 2024.
At the same time, the credit profile is constrained by the
company's weak operating performance and limited brand
differentiation. Following a transformation year in fiscal 2025,
Moody's projects earnings to continue to decline in fiscal 2026, as
the company's strategic initiatives are offset by weaker
discretionary spending and higher tariffs, which would be difficult
for the company to pass through to consumers. While Moody's expects
Under Armour's strategies to generate earnings growth over time,
there is significant execution risk, given intense competition and
the company's prior struggles to improve brand health.
Additionally, Moody's views the Under Armour's frequent executive
turnover, including four CEO transitions in the past 4 years and
significant recent key executive changes, as moderate governance
concerns.
The negative outlook reflects that the risk that uncertainty around
tariffs could result in lower than anticipated earnings and free
cash flow in fiscal year 2026.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if Under Armour demonstrates improved
operating performance and a successful execution of its brand
health strategies. An upgrade would also require lease-adjusted
operating margins to the mid-single-digit range and good liquidity,
including positive free cash flow. Quantitatively, the ratings
could be upgraded if Moody's-adjusted debt/EBITDA is sustained
below 3.5x.
The ratings could be downgraded if liquidity weakens for any
reason, including lower than expected free cash flow, significant
revolver usage, or failure to refinance debt maturities in a timely
manner. More aggressive financial policies, such as material share
repurchases in a highly uncertain environment and prior to earnings
recovery could also result in a downgrade. Quantitatively, the
ratings could be downgraded if Moody's-adjusted debt/EBITDA is
sustained above 4.0x or if EBITA/interest expense is sustained
below 2.5x.
Headquartered in Baltimore, Maryland, Under Armour, Inc. is a
designer, marketer and retailer of footwear, apparel, equipment and
accessories for a wide variety of sports and fitness activities.
Revenue was about $5.3 billion for the last twelve months ended
December 31, 2024.
The principal methodology used in these ratings was Retail and
Apparel published in November 2023.
VAN DER VALK: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------
Debtor: Van Der Valk Construction LLC
1601 N Florida Avenue
Hernando, FL 34442
Business Description: Van Der Valk Construction LLC is a general
contracting company that specializes in
residential construction, including custom
and model homes. Based in Hernando,
Florida, the Company also offers real estate
and property management services,
particularly for short-term rentals in
Citrus County.
Chapter 11 Petition Date: April 30, 2025
Court: United States Bankruptcy Court
Middle District of Florida
Case No.: 25-01382
Judge: Hon. Jacob A Brown
Debtor's Counsel: Richard A. Perry, Esq.
RICHARD A. PERRY P.A.
820 East Fort King Street
Ocala, FL 34471-2320
Tel: 352-732-2299
E-mail: richard@rapocala.com
Total Assets: $78,465
Total Liabilities: $1,062,331
The petition was signed by Chris G. Matser as manager.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/HMEKW7A/Van_Der_Valk_Construction_LLC__flmbke-25-01382__0001.0.pdf?mcid=tGE4TAMA
VENUS CONCEPT: EW Healthcare Holds 43.2% Equity Stake
-----------------------------------------------------
EW Healthcare Partners, L.P., disclosed in a Schedule 13D
(Amendment No. 13) filed with the U.S. Securities and Exchange
Commission that as of March 31, 2025, it beneficially owned 466,903
shares of Venus Concept Inc.'s Common Stock, representing 43.2% of
the outstanding shares.
EW Healthcare Partners may be reached through:
R. Scott Barry
21 Waterway Avenue, Suite 225,
The Woodlands, TX, 77380.
A full-text copy of EW Healthcare's SEC report is available at:
https://tinyurl.com/4avhtnpx
About Venus Concept
Toronto, Ontario-based Venus Concept Inc. is an innovative global
medical technology company that develops, commercializes, and
delivers minimally invasive and non-invasive medical aesthetic and
hair restoration technologies and related services. The Company's
systems have been designed on cost-effective, proprietary, and
flexible platforms that enable the Company to expand beyond the
aesthetic industry's traditional markets of dermatology and plastic
surgery, and into non-traditional markets, including family
medicine and general practitioners and aesthetic medical spas.
Mississauga, Canada-based MNP LLP, the Company's auditor since
2019, issued a "going concern" qualification in its report dated
March 31, 2025, attached to the Company's Annual Report on Form
10-K for the year ended December 31, 2024, citing that the Company
has reported recurring net losses and negative cash flows from
operations, which raises substantial doubt about its ability to
continue as a going concern.
As of September 30, 2024, Venus Concept had $72.28 million in total
assets, $61.65 million in total liabilities, $520,000 in
non-controlling interests, and $10.11 million in total
stockholders' equity.
VOYAGER PARENT: Fitch Assigns 'BB' IDR, Outlook Stable
------------------------------------------------------
Fitch Ratings has assigned Voyager Parent, LLC and IGT Canada
Amalco (collectively, Voyager) Issuer Default Ratings (IDRs) of
'BB' with a Stable Outlook. Fitch has also assigned the proposed
first lien senior secured debt a rating of 'BBB-' with a Recovery
Rating of 'RR1'.
The rating reflects Voyager's broad diversification across business
lines, product types and jurisdictions due to the combination of
International Gaming Technology plc's (IGT) Gaming & Digital
business with Everi Holding Inc., which operates in both gaming and
FinTech segments, driving scale, synergies, and cross-selling
opportunities. The rating also incorporates robust FCF generation,
excluding shareholder distributions and a moderate leverage
profile.
The Stable Outlook reflects Fitch's expectation that Voyager will
maintain a disciplined capital allocation strategy and enhance its
digital and FinTech offering over the medium term, while upholding
its industry-leading land-based gaming market share.
Key Rating Drivers
Industry Leading Market Position: Voyager's top-three slot supplier
status in North America is supported by IGT's and Everi's combined
platform, which is highly diversified across revenue models and
product offerings. Its total installed base will now be second only
to Aristocrat Leisure Limited (ALL). Fitch expects Voyager to
slowly bridge this gap via its focus on Premium Multi-level
Progressives and Wide-Area Progressives, while maintaining its
dominance in adjacencies (video lottery and poker terminals). In
addition, Everi had a sizeable Class II presence, which should help
Voyager compete better with ALL's significant advantage in the
tribal gaming segment.
Fitch believes Voyager can further increase yield from its leased
base, add ship share scale, and push incremental average sales
price (ASP) by continuing to focus on investment in R&D and drive
content development across its about two dozen global studios.
Synergistic and opportunistic cost-savings in land-based gaming
should also allow Voyager to elevate its EBITDA margins. Growth in
the industry will likely soften over the near to medium term as
catch-up demand in gross gaming revenue (GGR) eases. However,
market share among participants may remain dynamic depending on
their expansion into adjacencies and new jurisdictions.
FinTech Diversification: FinTech accounts for 15% of Voyager's
sales, nearly all of which is recurring, and underpins its market
leading share in providing cash access to its customers. The
segment should benefit considerably as the company embeds its
complementary products in loyalty services, regulatory technology
and compliance in the core gaming business, driving compelling
cross-selling opportunities. There is also potential for Voyager to
bring casino management systems closer to FinTech to drive higher
value by bundling services, making contracts longer and stickier.
Fintech supports a solid recurring revenue base to Voyager's 84%.
Voyage could increase its transaction and dollar volumes processed
over the medium term, which are associated with continued strength
in the gaming industry. However, growth is likely to moderate
slightly, and technology risk is an uncertain factor in the longer
term. The acquisitions of eCash Holdings Pty Ltd. and Venuetize,
Inc. in 2022 expanded FinTech's breadth of offering, and Fitch
anticipates Voyager will continue growing this segment through
acquisitions and new product lines as circumstances arise.
Moderate Leverage: Fitch-defined EBITDA leverage in 2026, pro forma
for the closing of the transaction in 3Q25, is expected to be about
4.0x, with sequential moderation to 3.5x over the forecast period
due to EBITDA growth and required amortization under the term loan
B. Fitch does not assume any voluntary debt repayment, because
Voyager does not have a formal financial policy. Leverage could
increase due to the company's private and private equity ownership.
Management has demonstrated a focus on reinvestment in the business
and M&A, which can expand the range of adjacencies or strengthen
other platform segments, and dividend pay-out is less likely in the
near term.
Growing Digital Business: Voyager's digital business, which holds
the top position in terms of market share, is still in its nascent
stage (10% of sales), with iGaming currently legal in only eight
U.S. states. Further rollout of legalization is likely to be slow
in the near term but progress steadily as more states look to cover
budget deficits or maximize tax revenue. Voyager has a catalogue of
over 2,700 games and has ported only about 10% of these land-based
titles to its online gaming platform, providing it significant
runway. Voyager's platform also offers third-party studio providers
an avenue to disseminate their games.
Strong FCF Generation: Fitch expects the company's FCF margin to
rise from low single digits to mid-single digits over the rating
horizon, in part due to EBITDA elevation from nominal market volume
growth across all segments and relatively stable capex. Voyager's
FCF is relatively in line with the broader gaming industry and
other supplier peers. The company's FCF benefits from management's
current preference for M&A over dividends.
Experienced Management and Sponsor: Voyager has an experienced
senior leadership team with solid business expertise. Apollo Global
Management, Inc. also has a history in gaming supplier investments,
thanks to its prior ownership of PlayAGS, and Lottomatica, an
Italian B2C gaming franchise it bought from IGT. However, Voyager
does not have a formally defined financial policy, and the capital
allocation program could have a negative impact on its credit
profile.
Peer Analysis
Voyager Parent's credit profile is similar to IGT's (BB+/Stable).
However, IGT can withstand slightly higher leverage due to its
significant lottery exposure. The lottery business tends to be
resilient and less prone to recessionary headwinds and economic
shocks, resulting in stable low- to mid-single-digit growth rates
and higher profit margins. However, Voyager's rating also considers
possible cash flow volatility during economic shocks and Everi's
contribution as a slot supplier, despite its smaller size compared
to IGT's gaming business. Voyager will also be a cash services
provider with a number 1 market position and a combined platform
with diversified geographic reach and business lines.
Aristocrat Leisure Limited (BBB-/Positive) has a leading market
position in the slot segment and greater diversification and lower
leverage (target net leverage of 1.0x-2.0x) than Voyager. This
positions it as a low-investment-grade gaming supplier. In
addition, it is a solid digital offeror of mobile gaming, iLottery
and real-money gaming, consistently generating robust FCF margins.
Light & Wonder, Inc. (BB/Stable) is another leading global slot
supplier with an established market position in the digital space,
and its rating reflects its conservative leverage profile (target
net leverage in the 2.5x-3.5x range) and strong FCF margin.
Key Assumptions
- Fitch assumes total full year revenue grows in the 4%-5% range
over the forecast horizon;
- IGT's and Everi's Gaming business CAGR climbs in the low to
mid-single digits range, supported by market growth, along with
elevated pricing (average sales price (ASP) and yield) and an
increase in premium game mix;
- PlayDigitial grows in low-mid single digits, driven by increasing
expansion in existing IGT iCasino segments and select new markets;
- FinTech sales rise in the vicinity of 3%-4% helped by an
improvement in total value processed and revenue per value
processed;
- Fitch-defined EBITDA margin grows about 500bps over the rating
period to about 41.5% due to the integration, thereby reducing
overlapping infrastructure and opportunistic cost-savings;
- Run-rate capex intensity remains in the range of 13%-14% of
revenue and primarily attributable to refreshing and growing the
installed base;
- Gross debt declines marginally through the rating period due to a
modest 1% per annum amortization under the term loan B;
- Base interest rates assumptions reflect the current SOFR curve.
Recovery Analysis
Fitch applies a generic approach to issuers in the 'BB' rating
category and equalizes the IDR and unsecured debt instrument
ratings when average recovery prospects are present, as per Fitch's
Corporates Recovery Ratings and Instrument Ratings Criteria.
Issuers rated 'BB-' and above are too far from default for a
credible default scenario analysis to be generated, and they would
likely generate Recovery Ratings (RRs) that are too high across all
instruments. Where an RR is assigned, the generic approach reflects
the relative instrument rankings and their recoveries, as well as
the higher enterprise value of 'BB' ratings in a generic sense for
the most senior instruments.
Considering the IDR of 'BB', Fitch notches the Category 1 first
lien senior secured debt one level to 'BBB-'/'RR1'.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- EBITDA leverage sustaining above 4.0x;
- An aggressive financial policy and/or growth strategy pursuing
debt-funded acquisitions without a reasonable de-levering path;
- The slots business suffering from market share loss or
deterioration of operating fundamentals.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- EBITDA leverage sustaining below 3.0x;
- Steady growth in slot segment market share, along with continued
growth and profitability in its digital and FinTech segments (as
evidenced by an increasing proportion of the consolidated EBITDA);
- FCF margin in double digits.
Liquidity and Debt Structure
At close of the transaction, Voyager is expected to have about $450
million in unrestricted cash and $750 million in additional
borrowing capacity under its undrawn revolving facility, maturing
in 2030. In comparison, scheduled annual debt repayment is 1% per
annum (or about $26 million) under the term loan B. Fitch does not
assume any discretionary debt repayment. Voyager's capital
structure will be fully secured, with the term loan and notes
maturing in 2032.
Cash flow from operations as a percentage of revenue is estimated
to be around 25% over the forecast period, with FCF margin in the
solid low double digits.
Issuer Profile
Voyager Parent, LLC is a global industry leader and diversified
gaming technology provider. It offers an integrated omnichannel
solution across land-based gaming, iGaming, systems and sports
betting, along with a comprehensive FinTech product portfolio.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Macro and Sector
Forecasts data file which aggregates key data points used in its
credit analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery
----------- ------ --------
Voyager Parent, LLC LT IDR BB New Rating
senior secured LT BBB- New Rating RR1
IGT Canada Amalco LT IDR BB New Rating
senior secured LT BBB- New Rating RR1
WELLPATH HOLDINGS: Secures Bankruptcy Exit Court Approval
---------------------------------------------------------
Randi Love of Bloomberg Law reports that Wellpath Holdings Inc., a
prison health-care provider, secured bankruptcy court approval for
its plan to settle hundreds of tort claims, despite objections from
some self-represented junior creditors.
During a Wednesday, April 30, 2025, hearing, U.S. Bankruptcy Judge
Alfredo R. Perez of the Southern District of Texas noted concerns
about whether incarcerated individuals, former inmates, and
families of deceased prisoners had been properly notified. He
concluded, however, that Wellpath had taken all reasonable steps to
inform them, according to Bloomberg Law.
About Wellpath Holdings
Wellpath Holdings, Inc., formerly known as CCS-CMGC Holdings, Inc.,
is a provider of medical and mental healthcare in jails, prisons,
and inpatient and residential treatment facilities.
Wellpath Holdings and its affiliates sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Texas Lead Case
No. 24-90533) on Nov. 11, 2024. Timothy Dragelin, chief
restructuring officer and chief financial officer, signed the
petitions.
At the time of the filing, the Debtors reported $1 billion to $10
billion in assets and liabilities.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Marcus A. Helt, Esq. at McDermott Will & Emery,
LLP as bankruptcy counsel; FTI Consulting, Inc., as financial
advisor; and Lazard Freres & Co., LLC and MTS Partners, LP as
investment banker.
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of Wellpath
Holdings, Inc. and its affiliates.
Proskauer Rose LLP represents the Committee as its co-counsel.
Huron Consulting Services LLC and Dundon Advisers LLC were selected
as the Committee's financial advisor.
WHITTIER SEAFOOD: Fine-Tunes Plan Documents
-------------------------------------------
Whittier Seafood, LLC and affiliates submitted a Second Amended
Disclosure Statement for Second Amended Joint Plan of
Reorganization dated March 31, 2025.
The Plan provides for full payment of all creditors from the
liquidation of certain assets and the proceeds of a refinance of
the existing secured financing or a sale of additional assets, all
within a relatively short period of time.
As detailed in the Plan, all Allowed Claims will be paid in full
from a combination of the closing of the Whittier Sale, a sale of
the Salacia Plant and Salacia Equipment, and a sale of the Modys
Building. The Debtors anticipate that there will be sufficient Net
Proceeds to pay all Unsecured Claims and Administrative Expense
Claims after payment of all Secured Claims.
The Plan is largely based upon the terms of a Plan Support
Agreement that the Debtors negotiated and entered into with Cathay
Bank and Cathay Holdings, and which the Court approved.
In summary, if the pending sale of Whittier assets closes, and the
Salacia assets sell for even 60% of their appraised value, the
Debtors anticipate that there will be sufficient funds to pay all
creditors in full other than Class 7, which will be paid in full
from the sale of the Modys Building.
The Plan provides for the liquidation of the Whittier Facility, the
sale of the Salacia Plant, the sale of the Salacia Equipment, and
the sale of the Modys Building to pay all creditors in full. The
Debtors have a pending sale of significant Whittier assets, and
Hilco has launched a marketing and sale process for the Salacia
assets. All evidence is that the aggregate value of these assets is
substantially greater than the total of all claims against the
Debtors. Because the Plan does not rely on the potential
unpredictability of future cash flow projections but rather is
based on the Debtors' proposal to functionally liquidate their
material assets, the Plan is feasible.
Class 15 consists of all Unsecured Claims against the Silver Wave
(the "Class 15 Claims"). The Schedules that Silver Wave previously
filed reflect no Unsecured Claims other than its unsecured
liability on the Class 1 Claim as a guarantor. The Holder of the
Class 1 Claim has a Lien on the Vessels that Silver Wave owns as
its sole Assets; and (ii) the SW Receivables; and will receive all
Net Proceeds from the disposition of the Vessels in connection with
the Whittier Sale, following the payment of the Allowed Class 9
Claim in the case of a sale of the LADY ANGELA, and from collecting
or compromising the SW Receivables. The Plan therefore provides for
no distribution on account of any Class 15 Claim. Class 15 is
impaired under the Plan.
The Kenai Peninsula Borough filed two proofs of claims for
delinquent personal property taxes (Claims 11 and 12, filed on
Whittier's Claims Register). The Debtors paid these personal
property taxes post-petition, and therefore the Plan makes no
provision for the payment of Kenai Peninsula Borough's claims.
As detailed herein, all Allowed Claims will be paid in full from a
combination of the closing of the Whittier Sale (which the Debtors
anticipate will occur prior to the Effective Date), and Net
Proceeds from sales of the Salacia Plant, the Salacia Equipment and
the Modys Building. As of the date hereof, the Whittier assets, the
Salacia assets and the Modys Building are each being actively
marketed for sale. The Debtors and the Post-Effective Debtors shall
continue to work with their marketing professionals seeking the
best return for such assets that is reasonably attainable in the
time provided under the Plan.
Multiple liens encumber the Whittier Property and the Salacia
Plant, and the Plan assumes that the Net Proceeds from the sale of
the relevant assets will be sufficient to satisfy in full all
Allowed Claims secured by such assets, regardless of the relative
priority of the liens securing such Allowed Claims. However, the
Plan also provides for the event that Net Proceeds are insufficient
to pay all secured claims in full. Nevertheless, the Debtors
anticipate that there will be sufficient Net Proceeds to pay all
Unsecured Claims and Administrative Expense Claims after payment of
all Secured Claims.
A full-text copy of the Second Amended Disclosure Statement dated
March 31, 2025 is available at https://urlcurt.com/u?l=8V9DWx from
PacerMonitor.com at no charge.
Attorneys for the Debtors:
James L. Day, Esq.
Thomas A. Buford, Esq.
Lesley Bohleber, Esq.
Bush Kornfeld LLP
601 Union Street, Suite 5000
Seattle, WA 98101-2373
Telephone: (206) 292-2110
Facsimile: (206) 292-2014
Email: jday@bskd.com
tbuford@bskd.com
lbohleber@bskd.com
About Whittier Seafood
Whittier Seafood, LLC, owns and operates a fish processing plant in
Whittier, Alaska.
Whittier Seafood filed a Chapter 11 petition (Bankr. D. Alaska Case
No. 24-00139) on Aug. 19, 2024, with $10 million to $50 million in
both assets and liabilities.
Judge Gary Spraker oversees the case.
Thomas A. Buford, Esq., at Bush Kornfeld, LLP is the Debtor's legal
counsel.
Gregory Garvin, Acting U.S. Trustee for Region 18, appointed an
official committee to represent unsecured creditors in the Debtor's
Chapter 11 case.
WINDTREE THERAPEUTICS: Issues $250K in Secured Notes With 20% OID
-----------------------------------------------------------------
Windtree Therapeutics, Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that the Company
agreed to issue and sell to two institutional investors 20% OID
Senior Secured Promissory Notes in an aggregate principal amount of
$312,500, at an original issue discount of 20%, for gross proceeds
of $250,000. The Notes were issued in a private offering in
reliance on exemption from registration provided in Section 4(a)(2)
of the Securities Act of 1933, as amended.
a. The Notes will mature on January 4, 2026, unless extended
at the holder's option in accordance with the terms of the Notes.
b. The Notes will bear interest at 10% per annum on a 360-day
and twelve 30-day month basis, payable monthly in cash and in
arrears on each Interest Date (as defined in the Note) and such
interest will compound each calendar month.
c. There is a mandatory pre-payment requirement that the
Company must pre-pay the Note in an amount equal to 25% of the
gross proceeds that the Company receives upon entry into a common
stock purchase agreement on or about June 26, 2025 with the Holders
subject to a pre-payment premium equal to 120%. There is no
pre-payment penalty.
d. The Note may be converted at the option of the Holder at
any time for shares of the Company's Common Stock at a price equal
to $1.10. subject to adjustment as provided in the Notes.
e. Within 20 calendar days following the date the Note is
issued; the Company must file a registration statement on Form S-1
for the resale of all securities issuable pursuant to the Note.
f. If the Company sells or grants any option to purchase or
sells or grants any right to reprice, or otherwise disposes of or
issues (or announces any sale, grant or any option to purchase or
other disposition), any Common Stock or Common Stock equivalents
entitling any person to acquire shares of Common Stock at an
effective price per share that is lower than the then Conversion
Price, then the Conversion Price will be reduced to the lower
issuance price of the subsequently issued security.
g. Upon an Event of Default, as defined in the Note, the Note
will accrue at an additional interest rate equal to the lesser of
2% per month (24% per annum) or the maximum rate permitted under
applicable law.
h. The Notes contain customary covenants providing for a
variety of obligations on the part of the Company.
A full-text copy of the Form of 20% OID Senior Secured Promissory
Note is available at:
https://tinyurl.com/3hcwzrrs
About Windtree Therapeutics
Headquartered in Warrington, Pennsylvania, Windtree Therapeutics,
Inc. -- windtreetx.com -- is a biotechnology company focused on
advancing early and late-stage innovative therapies for critical
conditions and diseases. The Company's portfolio of product
candidates includes: (a) istaroxime, a Phase 2 candidate that
inhibits the sodium-potassium ATPase and also activates sarco
endoplasmic reticulum Ca2+ -ATPase 2a, or SERCA2a, for acute heart
failure and associated cardiogenic shock; preclinical SERCA2a
activators for heart failure; rostafuroxin for the treatment of
hypertension in patients with a specific genetic profile; and a
preclinical atypical protein kinase C iota, or aPKCi, inhibitor
(topical and oral formulations), being developed for potential
application in rare and broad oncology indications. The Company
also has a licensing business model with partnership out-licenses
currently in place.
Philadelphia, Pennsylvania-based EisnerAmper LLP, the company's
auditor since 2022, issued a "going concern" qualification in its
report dated Apr. 15, 2025, attached to the Company's Annual Report
on Form 10-K for the year ended Dec. 31, 2024, citing that the
Company has suffered recurring losses from operations and expects
to incur losses for the foreseeable future, that raise substantial
doubt about its ability to continue as a going concern.
WYNDSTON MILLWORK: Seeks Chapter 11 Bankruptcy in Louisiana
-----------------------------------------------------------
On April 28, 2025, Wyndston Millwork LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Middle District of
Louisiana. According to court filing, the Debtor reports between
$1 million and $10 million in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About Wyndston Millwork LLC
Wyndston Millwork LLC, doing business as Acadian Architectural
Woodwork, specializes in custom architectural millwork and
woodworking services. Based in Ponchatoula, Louisiana, the Company
offers a range of products including doors, windows, mouldings,
columns, corbels, furniture, hardware, and pre-hung interior and
exterior door units.
Wyndston Millwork LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. La. Case No. 25-10353) on April 28,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
Honorable Bankruptcy Judge Michael A. Crawford handles the case.
The Debtor is represented by Ryan J. Richmond, Esq. at STERNBERG,
NACCARI & WHITE, LLC.
YELLOW CORP: MFN Cites High Costs in Push to Convert to Chapter 7
-----------------------------------------------------------------
Angélica Serrano-Roman of Bloomberg Law reports that MFN Partners
LP, the largest shareholder of Yellow Corp., has petitioned the
U.S. Bankruptcy Court in Delaware to shift the company's Chapter 11
proceedings to a Chapter 7 liquidation, citing excessive spending
during the bankruptcy process.
In its April 29, 2025 motion, the hedge fund argued that Yellow is
accumulating millions in monthly administrative costs, largely due
to fees paid to legal and financial advisers for both the company
and its unsecured creditors committee.
About Yellow Corporation
Yellow Corporation -- http://www.myyellow.com/-- operates
logistics and less-than-truckload (LTL) networks in North America,
providing customers with regional, national, and international
shipping services throughout. Yellow's principal office is in
Nashville, Tenn., and is the holding company for a portfolio of LTL
brands including Holland, New Penn, Reddaway, and YRC Freight, as
well as the logistics company Yellow Logistics.
Yellow Corporation and 23 affiliates concurrently filed voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. D. Del. Lead Case No. 23-11069) on August 6, 2023, before
the Hon. Craig T. Goldblatt. As of March 31, 2023, Yellow
Corporation had $2,152,200,000 in total assets against
$2,588,800,000 in total liabilities. The petitions were signed by
Matthew A. Doheny as chief restructuring officer.
The Debtors tapped Kirkland & Ellis, LLP as restructuring counsel;
Pachulski Stang Ziehl & Jones, LLP as Delaware local counsel;
Kasowitz, Benson and Torres, LLP as special litigation counsel;
Goodmans, LLP as special Canadian counsel; Ducera Partners, LLC, as
investment banker; and Alvarez and Marsal as financial advisor.
Epiq Bankruptcy Solutions is the claims and noticing agent.
Milbank LLP serves as counsel to certain investment funds and
accounts managed by affiliates of Apollo Capital Management, L.P.
while White & Case, LLP and Arnold & Porter Kaye Scholer, LLP serve
as counsels to Beal Bank USA and the U.S. Department of the
Treasury, respectively.
On Aug. 16, 2023, the U.S. Trustee for Region 3 appointed an
official committee of unsecured creditors in the Chapter 11 cases.
The committee tapped Akin Gump Strauss Hauer & Feld, LLP and
Benesch, Friedlander, Coplan & Aronoff, LLP as counsels; Miller
Buckfire as investment banker; and Huron Consulting Services, LLC,
as financial advisor.
[^] Recent Small-Dollar & Individual Chapter 11 Filings
-------------------------------------------------------
In re Think Safe, Inc.
Bankr. N.D. Ala. Case No. 25-01203
Chapter 11 Petition filed April 22, 2025
See
https://www.pacermonitor.com/view/YGPA3NY/Think_Safe_Inc__alnbke-25-01203__0001.0.pdf?mcid=tGE4TAMA
represented by: Robert C. Keller, Esq.
RUSSO, WHITE & KELLER, P.C.
E-mail: rjlawoff@bellsouth.net
In re Shillings' Cannery, L.L.C.
Bankr. D.D.C. Case No. 25-00145
Chapter 11 Petition filed April 22, 2025
See
https://www.pacermonitor.com/view/C6WAG6Q/Shillings_Cannery_LLC__dcbke-25-00145__0001.0.pdf?mcid=tGE4TAMA
represented by: Justin P. Fasano, Esq.
MCNAMEE HOSEA, P.A.
E-mail: jfasano@mhlawyers.com
In re F1 Motor Transport LLC
Bankr. M.D. Fla. Case No. 25-02536
Chapter 11 Petition filed April 22, 2025
See
https://www.pacermonitor.com/view/NYUWXMI/F1_Motor_Transport_LLC__flmbke-25-02536__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Jamilla Danielle McKnight
Bankr. N.D. Ga. Case No. 25-54366
Chapter 11 Petition filed April 22, 2025
In re Real Estate Management & Consulting LLC
Bankr. D. Md. Case No. 25-13537
Chapter 11 Petition filed April 22, 2025
See
https://www.pacermonitor.com/view/YJOFI4I/Real_Estate_Managemet__Consulting__mdbke-25-13537__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Dominican Bar & Restaurant Corp.
Bankr. S.D.N.Y. Case No. 25-10794
Chapter 11 Petition filed April 22, 2025
See
https://www.pacermonitor.com/view/5EEQMDA/Dominican_Bar__Restaurant_Corp__nysbke-25-10794__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Ian Lyndon Solomon Clementson
Bankr. M.D. Fla. Case No. 25-02569
Chapter 11 Petition filed April 23, 2025
represented by: Buddy Ford, Esq.
In re Western Metal Properties LLC
Bankr. S.D. Fla. Case No. 25-14448
Chapter 11 Petition filed April 23, 2025
See
https://www.pacermonitor.com/view/UYVO5WY/Western_Metal_Properties_LLC__flsbke-25-14448__0001.0.pdf?mcid=tGE4TAMA
represented by: Jessey J. Krehl, Esq.
PACK LAW
E-mail: jessey@packlaw.com
In re George M. Scopetta
Bankr. S.D. Fla. Case No. 25-14447
Chapter 11 Petition filed April 23, 2025
represented by: Jessey Krehl, Esq.
In re Doris Pearl Handlos
Bankr. S.D. Iowa Case No. 25-00680
Chapter 11 Petition filed April 23, 2025
represented by: Jeffrey Goetz, Esq.
In re La Tana LLC
Bankr. D. Nev. Case No. 25-50375
Chapter 11 Petition filed April 24, 2025
See
https://www.pacermonitor.com/view/X3HERTQ/LA_TANA_LLC__nvbke-25-50375__0001.0.pdf?mcid=tGE4TAMA
represented by: Kevin A Darby, Esq.
DARBY LAW PRACTICE
E-mail: kevin@darbylawpractice.com
In re MWP Property 954-958 LLC
Bankr. D.N.J. Case No. 25-14179
Chapter 11 Petition filed April 23, 2025
See
https://www.pacermonitor.com/view/BX3RTHI/MWP_Property_954-958_LLC__njbke-25-14179__0001.0.pdf?mcid=tGE4TAMA
represented by: Robert Nisenson, Esq.
ROBERT C. NISENSON
E-mail: r.nisenson@rcn-law.com
In re Home Werks LLC
Bankr. E.D.N.Y. Case No. 25-41997
Chapter 11 Petition filed April 24, 2025
See
https://www.pacermonitor.com/view/WSJDUAQ/Home_Werks_LLC__nyebke-25-41997__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Coastal Property Management Inc
Bankr. E.D.N.Y. Case No. 25-71598
Chapter 11 Petition filed April 24, 2025
See
https://www.pacermonitor.com/view/SA2BSWA/Coastal_Property_Management_Inc__nyebke-25-71598__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Syndicate Holdings ENT Corporation
Bankr. S.D.N.Y. Case No. 25-35422
Chapter 11 Petition filed April 23, 2025
See
https://www.pacermonitor.com/view/WBNPDLA/SYNDICATE_HOLDINGS_ENT_CORPORATION__nysbke-25-35422__0001.0.pdf?mcid=tGE4TAMA
represented by: Joshua R. Bronstein, Esq.
JOSHUA R. BRONSTEIN & ASSOCIATES, PLLC
E-mail: jbrons5@yahoo.com
In re Syndicate Holdings ENT Corporation
Bankr. S.D.N.Y. Case No. 25-35422
Chapter 11 Petition filed April 23, 2025
See
https://www.pacermonitor.com/view/WBNPDLA/SYNDICATE_HOLDINGS_ENT_CORPORATION__nysbke-25-35422__0001.0.pdf?mcid=tGE4TAMA
represented by: Joshua R. Bronstein, Esq.
JOSHUA R. BRONSTEIN & ASSOCIATES, PLLC
E-mail: jbrons5@yahoo.com
In re Joseph Perry Joiner and Krista Marie Joiner
Bankr. W.D.N.C. Case No. 25-30396
Chapter 11 Petition filed April 23, 2025
represented by: John Woodman, Esq.
In re New Castle Real Estate LLC
Bankr. W.D. Pa. Case No. 25-21057
Chapter 11 Petition filed April 24, 2025
See
https://www.pacermonitor.com/view/24K2GBA/New_Castle_Real_Estate_LLC__pawbke-25-21057__0001.0.pdf?mcid=tGE4TAMA
represented by: Andrew K. Pratt, Esq.
CALAIARO VALENCIK
In re DC Ventures, PLLC d/b/a Bryn Medical Center
Bankr. E.D. Tenn. Case No. 25-11004
Chapter 11 Petition filed April 23, 2025
See
https://www.pacermonitor.com/view/SEAPBXQ/DC_Ventures_PLLC_dba_Bryn_Medical__tnebke-25-11004__0001.0.pdf?mcid=tGE4TAMA
represented by: W. Thomas Bible, Jr., Esq.
TOM BIBLE LAW
E-mail: tom@tombiblelaw.com
In re Amanda Kimberly Ross
Bankr. W.D. Va. Case No. 25-50240
Chapter 11 Petition filed April 23, 2025
In re Bernard Putter
Bankr. S.D.N.Y. Case No. 25-22354
Chapter 11 Petition filed April 24, 2025
represented by: Robert Lewis, Esq.
In re Mary Borgne Curtis
Bankr. D. Ore. Case No. 25-31379
Chapter 11 Petition filed April 24, 2025
In re Adam Eugene Kobs
Bankr. D. Ore. Case No. 25-61149
Chapter 11 Petition filed April 24, 2025
In re DC Choppers, LLC
Bankr. W.D. Ark. Case No. 25-70696
Chapter 11 Petition filed April 25, 2025
See
https://www.pacermonitor.com/view/KBCA6TY/DC_CHOPPERS_LLC__arwbke-25-70696__0001.0.pdf?mcid=tGE4TAMA
represented by: Marc Honey, Esq.
HONEY LAW FIRM, P.A.
E-mail: mhoney@honeylawfirm.com
In re Nestwell, LLC
Bankr. D. Conn. Case No. 25-20403
Chapter 11 Petition filed April 25, 2025
See
https://www.pacermonitor.com/view/UFVNVEI/Nestwell_LLC__ctbke-25-20403__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Consolidated Apparel, Inc.
Bankr. S.D. Fla. Case No. 25-14604
Chapter 11 Petition filed April 25, 2025
See
https://www.pacermonitor.com/view/EY2I2IA/Consolidated_Apparel_Inc__flsbke-25-14604__0001.0.pdf?mcid=tGE4TAMA
represented by: Craig I. Kelley, Esq.
KELLEY KAPLAN & ELLER, PLLC
E-mail: craig@kelleylawoffice.com
In re Derek V. Norwood
Bankr. M.D. Fla. Case No. 25-00741
Chapter 11 Petition filed April 25, 2025
represented by: Amy Mayer, Esq.
In re Gabriel Suarez
Bankr. N.D. Fla. Case No. 25-40185
Chapter 11 Petition filed April 25, 2025
represented by: Byron Wright, Esq.
In re Shannon Perry Easter
Bankr. S.D. Fla. Case No. 25-14630
Chapter 11 Petition filed April 25, 2025
represented by: Alan Crane, Esq.
FURR AND COHEN, P.A.
Email: acrane@furrcohen.com
In re Barry O. Frazier
Bankr. N.D. Ga. Case No. 25-54592
Chapter 11 Petition filed April 25, 2025
represented by: Leslie Pineyro, Esq.
In re Donald Joseph MacKay and Bobbi H. MacKay
Bankr. S.D. Miss. Case No. 25-50606
Chapter 11 Petition filed April 25, 2025
represented by: Craig Geno, Esq.
In re Zenith Property Mgmt., Inc.
Bankr. S.D.N.Y. Case No. 25-10821
Chapter 11 Petition filed April 25, 2025
See
https://www.pacermonitor.com/view/KMCHZ4Y/Zenith_Property_Mgmt_Inc__nysbke-25-10821__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Lisa K. Malzhan
Bankr. E.D. Wisc. Case No. 25-22294
Chapter 11 Petition filed April 25, 2025
See
https://www.pacermonitor.com/view/JJIE2QQ/Lisa_K_Malzhan__wiebke-25-22294__0001.0.pdf?mcid=tGE4TAMA
represented by: John W. Menn, Esq.
SWANSON SWEET LLP
E-mail: jmenn@swansonsweet.com
In re 529 Meeker Safetymate Corp.
Bankr. E.D.N.Y. Case No. 25-42023
Chapter 11 Petition filed April 27, 2025
See
https://www.pacermonitor.com/view/YWMWDIQ/529_MEEKER_SAFETYMATE_CORP__nyebke-25-42023__0001.0.pdf?mcid=tGE4TAMA
represented by: Michael A. King, Esq.
MICHAEL A. KING, ESQ.
Email: Romeo1860@aol.com
In re Robert Paul Johnson
Bankr. N.D. Ala. Case No. 25-40560
Chapter 11 Petition filed April 28, 2025
represented by: Tameria Driskill, Esq.
In re New Chance LLC
Bankr. C.D. Cal. Case No. 25-13483
Chapter 11 Petition filed April 28, 2025
See
https://www.pacermonitor.com/view/2EK3CUQ/New_Chance_LLC__cacbke-25-13483__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Cash Money LLC
Bankr. C.D. Cal. Case No. 25-11107
Chapter 11 Petition filed April 28, 2025
See
https://www.pacermonitor.com/view/Z3P3MHI/Cash_Money_LLC__cacbke-25-11107__0001.0.pdf?mcid=tGE4TAMA
represented by: Quintin G. Shammam, Esq.
LAW OFFICE OF QUINTIN G. SHAMMAM
Email: quintin@shammamlaw.com
In re Adam Hendry
Bankr. S.D. Fla. Case No. 25-14711
Chapter 11 Petition filed April 28, 2025
represented by: Thomas Zeichman, Esq.
In re Jay O'Brist
Bankr. S.D. Ill. Case No. 25-60063
Chapter 11 Petition filed April 28, 2025
represented by: Michael Benson, Esq.
In re DDI Holdings
Bankr. N.D. Ill. Case No. 25-06447
Chapter 11 Petition filed April 28, 2025
See
https://www.pacermonitor.com/view/CIGMXSY/DDI_Holdings__ilnbke-25-06447__0001.0.pdf?mcid=tGE4TAMA
represented by: Laxmi P Sarathy, Esq.
JURISHEALTH
Email: lsarathy@jurishealth.law
In re Lisa May and Brian J. May
Bankr. N.D. Ohio Case No. 25-50729
Chapter 11 Petition filed April 28, 2025
represented by: Steven Heimberger, Esq.
In re Douglas L. Schmidt
Bankr. N.D. Ohio Case No. 25-60577
Chapter 11 Petition filed April 28, 2025
represented by: Anthony DeGirolamo, Esq.
In re Garrett Spencer McDowell and Susan Hillary McDowell
Bankr. E.D. Pa. Case No. 25-11632
Chapter 11 Petition filed April 28, 2025
represented by: David Smith, Esq.
SMITH KANE HOLMAN, LLC
Email: dsmith@skhlaw.com
In re Kevin Frederick Hudson and Jennifer Ann Hudson
Bankr. E.D. Tex. Case No. 25-41178
Chapter 11 Petition filed April 28, 2025
represented by: Robert DeMarco, Esq.
In re Anthony's Truck Repair LTD Co.
Bankr. S.D. W.Va. Case No. 25-50023
Chapter 11 Petition filed April 28, 2025
See
https://www.pacermonitor.com/view/LSV4ASY/Anthonys_Truck_Repair_LTD_Co__wvsbke-25-50023__0001.0.pdf?mcid=tGE4TAMA
represented by: Andrew S. Nason, Esq.
PEPPER AND NASON
Email: ryand@peppernason.com
In re Patrick Trageser
Bankr. E.D. Pa. Case No. 25-11629
Chapter 11 Petition filed April 28, 2025
represented by: Shawn Lau, Esq.
In re Micah Lamar McDonald
Bankr. C.D. Cal. Case No. 25-10732
Chapter 11 Petition filed April 29, 2025
represented by: Thomas Ure, Esq.
*********
Monday's edition of the TCR delivers a list of indicative prices
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obtained by TCR editors from a variety of outside sources during
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however, be complete or accurate. The Monday Bond Pricing table
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