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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
Wednesday, May 14, 2025, Vol. 29, No. 133
Headlines
2045 SW 127TH AVENUE: Seeks to Hire Mark S. Roher as Counsel
23ANDME HOLDING: Committee Seeks to Hire Stinson as Co-Counsel
23ANDME HOLDING: Committee Taps FTI Consulting as Financial Advisor
23ANDME HOLDING: Committee Taps Kelley Drye & Warren as Counsel
23ANDME HOLDING: Customers Must File 2023 Breach Claims Before July
8787 RICCHI: Court Extends Cash Collateral Access to June 2
ABP AVENTURA: Gets Final OK to Use Cash Collateral
ADMI CORP: S&P Affirms 'B-' ICR Amid Slower Cash Flow
ALIGNED MEDICAL: Seeks to Hire Smith Kane Holman as Legal Counsel
ALL CARE HOSPICE: Voluntary Chapter 11 Case Summary
ALLECOM CORP: Court OKs Continued Access to Cash Collateral
ALMOND COW: Updates Restructuring Plan Disclosures
AMERICAN FORKLIFT: Seeks Subchapter V Bankruptcy in Florida
AMERICAN WARRIOR: Hires Coldwell Banker The Real Estate as Realtor
AR ACQUISITIONS: Seeks Approval to Hire TEC Real Estate as Realtor
ATZ TRANSPORT: Court OK's Trailer Sale to Christopher Gebhardt
BALL CORP: S&P Rates New EUR750MM Senior Unsecured Notes 'BB+'
BED BATH: Court Approves $1.95MM ERISA Deal
BH DOWNTOWN: Hires Gould & Pakter Associates as Financial Expert
BKS CAMBRIA: Voluntary Chapter 11 Case Summary
BLACK ROCK: Hires W. Derek May as General Insolvency Counsel
BNB BATTERY: Amends Miller Electrical Secured Claim Pay
CALVIN 1 LLC: Case Summary & Six Unsecured Creditors
CARNIVAL CORP: S&P Rates New $1BB Senior Unsecured Notes 'BB+'
CBPW CORPORATION: Voluntary Chapter 11 Case Summary
CELSIUS NETWORK: Cannot Transfer Fraud Liability, Says Chainalysis
CHG US HOLDINGS: Case Summary & 20 Largest Unsecured Creditors
CHG US HOLDINGS: Seeks Chapter 11 Bankruptcy in Delaware
CINCINNATI BELL: Fitch Affirms 'B' LongTerm IDR, Outlook Stable
CLJ HOME: Seeks Approval to Tap The Lane Law Firm as Legal Counsel
CM CUSTOM: Seeks to Hire AR Law Partners as Bankruptcy Counsel
COSTELLO SR.-ALLEN: Taps Gregory F. Wilt as Tax/Payroll Accountant
DANPOWER64 LLC: Seeks to Hire Nicholson Devine as Legal Counsel
DELSHAH 60: Seeks Chapter 11 Bankruptcy in New York
DENISON LANDSCAPING: Case Summary & Seven Unsecured Creditors
EAGLE THEATER: Case Summary & Three Unsecured Creditors
EAGLE THEATER: Case Summary & Two Unsecured Creditors
ELITE SURGERY: Gets OK to Use Cash Collateral
ELMWOOD VENTURES: Seeks Subchapter V Bankruptcy in New York
ESCO OIL: Seeks Chapter 11 Bankruptcy in Texas
ESSEX TECHNOLOGY: Court OKs Deal to Access Cash Collateral
EVERYTHING CREATIVE: Case Summary & 20 Largest Unsecured Creditors
EXELA: Represented by Latham & Watkins in Plan Support Agreement
F21 OPCO: Says No Buyer Found, Liquidation Likely
FLAGSHIP RESORT: Case Summary & 20 Largest Unsecured Creditors
FOREST MEADOWS: Case Summary & 20 Largest Unsecured Creditors
FU BANG GROUP: Seeks Chapter 11 Bankruptcy in California
GOT KIDZ?: Seeks Chapter 11 Bankruptcy in Georgia
HERSCHEND ENTERTAINMENT: S&P Lowers ICR To 'B+', Outlook Stable
HUNTER DOUGLAS: S&P Alters Outlook to Negative, Affirms 'B' ICR
INFINITY ATHLETICS: Unsecureds Will Get 10% over 36 Months
IRONNET INC: Young Conaway Wants to Withdraw as Legal Counsel
IRREGULAR MIKES: Files Amendment to Disclosure Statement
JBSB DESTINY: Seeks Subchapter V Bankruptcy in Texas
JD HUNT CUSTOM: Case Summary & 20 Largest Unsecured Creditors
KND HOSPITALITY: Plan Exclusivity Period Extended to June 30
KPOWER GLOBAL: Section 341(a) Meeting of Creditors on June 16
LEMONS & OLIVES: Case Summary & 10 Unsecured Creditors
LIGHTNING POWER: S&P Places 'BB-' ICR on CreditWatch Positive
M.I.S. COMMODITIES: Case Summary & Nine Unsecured Creditors
MAJAB DEVELOPMENT: Seeks Subchapter V Bankruptcy in Florida
MAN GLG 2018-1: Moody's Cuts Rating on $6MM Cl. E-R Notes to Caa3
MATTHEW SAND: Unsecured Creditors to be Paid in Full over 1 Year
MEGNA HOSPITALITY: Section 341(a) Meeting of Creditors on June 10
MICKGOLDEN INC: Voluntary Chapter 11 Case Summary
MOM CA: Gets Deal to Avert Chapter 11 Dismissal Motion
MOVELLA: Latham & Watkins Advises Francisco on Restructuring
NORTHERN HOSPITAL: S&P Lowers 2017 Revenue Bond Rating to 'CCC'
NRG ENERGY: S&P Alters Outlook to Stable, Affirms 'BB' ICR
ORACLES CAPITAL: Case Summary & Five Unsecured Creditors
PARADOX ENTERPRISES: Gets OK to Use Cash Collateral Until May 22
PARAGON MOVING: Case Summary & 18 Unsecured Creditors
PARKER ESTATES: Court Extends Cash Collateral Access to May 21
PIZZA VOLTA SH: Case Summary & One Unsecured Creditor
POTTSVILLE OPERATIONS: Seeks to Extend Plan Exclusivity to June 12
PRESBYTERIAN HOMES: Seeks to Extend Plan Exclusivity to July 14
RADFORD MOTORS: Court Converts Chapter 11 Bankruptcy to Chapter 7
RATZ TRANSPORT: Court OK's Trailer Sale to Welch Trucking for $45K
RKSR INVESTMENTS: Files Amendment to Disclosure Statement
SAM'S CRAB: Unsecureds Will Get 6.5% of Claims over 60 Months
SCHAFER FISHERIES: Amends Motion to Sell Lee County Property
SEAGATE DATA: S&P Rates Unsecured Notes 'BB' for Debt Repayment
SILVERROCK DEVELOPMENT: Plan Exclusivity Period Extended to Aug. 1
SURRY NORTHERN HOSPITAL: Moody's Lowers Revenue Bond Rating to Caa1
TECHNO TOY: Case Summary & Five Unsecured Creditors
TREESAP FARMS: Gets Court Okay for $88MM Chapter 11 Sale to CEO
V820JACKSON LLC: Case Summary & 20 Largest Unsecured Creditors
VELOCITY ESPORTS: Seeks Chapter 11 Bankruptcy in Nevada
VESTIS CORP: S&P Downgrades ICR to 'B+', Outlook Negative
VOBEV LLC: Plan Exclusivity Period Extended to June 9
WCB CONSTRUCTION: Voluntary Chapter 11 Case Summary
WHITESTONE CROSSING: Voluntary Chapter 11 Case Summary
WIN PRODUCTIONS: Seeks to Sell Farm Assets at Auction
WW INT'L: Represented by Simpson Thacher in Reorganization
YELLOW CORP: Unions Pursue WARN Act Claims in Bankruptcy Appeal
[] Nicole Grimal Helmstetter Joins Jones Walker's Bankruptcy Team
*********
2045 SW 127TH AVENUE: Seeks to Hire Mark S. Roher as Counsel
------------------------------------------------------------
2045 SW 127th Avenue, LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of Florida to employ The Law Office
of Mark S. Roher, PA as counsel.
The firm will provide these services:
(a) advise the Debtor with respect to its powers and duties
and the continued management of its finances;
(b) advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the court;
(c) prepare legal documents necessary in the administration of
the case;
(d) protect the interest of the Debtor in all matters pending
before the court; and
(e) represent the Debtor in negotiation with its creditors in
the preparation of a plan.
Mark Roher, Esq., the primary attorney in this representation, will
be billed at his hourly rate of $500.
The firm received an advance retainer of $7,000 from the Debtor.
Mr. Roher disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Mark S. Roher, Esq.
Law Office of Mark S. Roher, P.A.
1806 N. Flamingo Road, Suite 300
Pembroke, FL 33028
Telephone: (954) 353-2200
Facsimile: (877) 654-0090
Email: mroher@markroherlaw.com
About 2045 SW 127th Avenue
2045 SW 127th Avenue, LLC filed Chapter 11 petition (Bankr. S.D.
Fla. Case No. 25-14362) on April 21, 2025, listing under $1 million
in both assets and liabilities.
Judge Scott M Grossman oversees the case.
The Law Office of Mark S. Roher, P.A. is the Debtor's legal
counsel.
23ANDME HOLDING: Committee Seeks to Hire Stinson as Co-Counsel
--------------------------------------------------------------
The official committee of unsecured creditors appointed in the
Chapter 11 cases of 23andMe Holding Co. and its affiliates seeks
approval from the U.S. Bankruptcy Court for the Eastern District of
Missouri to employ Stinson LLP as co-counsel.
The firm will provide these services:
(a) assist and advise the committee in its consultation with
the Debtors regarding administration of these Chapter 11 cases;
(b) advise the committee with respect to its rights, powers,
and duties under the Bankruptcy Code, the Bankruptcy Rules, and the
Bankruptcy Local Rules, as refined and interpreted by applicable
caselaw, as they relate to the case;
(c) lead negotiations and revisions of the Debtors' proposed
orders on various motions for relief;
(d) assist in negotiations and revisions of the Debtors'
proposed orders on various motions for relief;
(e) assist the committee in analyzing the Debtors'
pre-petition and post-petition relationships with its creditors,
equity interest holders, employees, and other parties in interest;
(f) assist and advise the committee in its examination and
analysis of the conduct of the Debtors' affairs;
(g) assist and advise the committee in connection with any
sale of the Debtors' assets;
(h) assist the committee in the review, analysis, and
negotiation of any Chapter 11 plan(s) of reorganization or
liquidation that may be filed and assist in the review, analysis,
and negotiation of the disclosure statement accompanying any such
plan(s);
(i) assist and advise the committee as to all necessary
actions to protect and preserve its interests;
(j) assist with preparing, and file on behalf of the committee
all necessary legal papers in support of positions taken;
(k) appear, as appropriate, before this Court, the appellate
courts, and the U.S. Trustee, and protecting the interests of the
committee before those courts and before the U.S. Trustee; and
(l) research, analyze, investigate, file and prosecute
litigation on behalf of the committee in connection with issues;
(m) review and analyze applications, orders, statements of
operations, and schedules filed with the court and advise the
committee regarding all such materials;
(n) serve as a contact and resource for creditors and relevant
third-party advocacy groups to address questions and hear
creditors' concerns about the Bankruptcy Cases;
(o) assist the committee in advising its constituents of its
decisions;
(p) handle all filings and ensuring all pleadings conform to
Local Rules; and
(q) assist with any other tasks as appropriate or required
based on expediency, efficiency, appropriate leverage of favorable
professional rates, or other considerations which prompt the
committee or its collaborative professionals to determine the
assistance and involvement of Stinson attorneys would be in the
best interest of the estate.
The firm will be paid at these hourly rates:
Partners $620 - $965
Associates $435 - $600
Paralegals $300 - $350
In addition, the firm will seek reimbursement for expenses
incurred.
Nicholas Zluticky, Esq., a partner at Stinson, also provided the
following in response to the request for additional information set
forth in Section D of the Revised U.S. Trustee Guidelines:
Question: Did the firm agree to any variations from, or
alternatives to, its standard billing arrangements for this
engagement?
Response: No.
Question: Do any of the firm professionals included in this
engagement vary their rate based on the geographical location of
the Debtors' Chapter 11 cases?
Response: No, rate for any Stinson professionals included in
this engagement varies based on the geographic location of the
bankruptcy case.
Question: If the firm has represented the client in the 12
months prepetition, disclose its billing rates and material
financial terms for the prepetition engagement, including any
adjustments during the 12 months prepetition.
Response: Stinson did not represent any member of the
committee in the Debtors' Chapter 11 cases prior to its retention
by the committee.
Question: Has your client approved the firm's budget and
staffing plan, and if so, for what budget period?
Response: Stinson, in conjunction with Kelley Drye & Warren
LLP, expects to develop a prospective budget and staffing plan to
reasonably comply with the U.S. Trustee's request for information
and additional disclosures, to which Stinson reserves all rights.
Mr. Zluticky disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Nicholas Zluticky, Esq.
Stinson LLP
1201 Walnut, Suite 2900
Kansas City, MI 64106
Telephone: (816) 842-8600
About 23andMe
23andMe is a genetics-led consumer healthcare and biotechnology
company empowering a healthier future. Through its
direct-to-consumer genetic testing, 23andMe offers personalized
insights into ancestry, genetic traits, and health risks. The
Company has developed a large database of genetic information from
over 15 million customers, enabling it to provide health and
carrier status reports and collaborate on genetic research for drug
development. On the Web: http://www.23andme.com/
On March 23, 2025, 23andMe Holding Co. and 11 affiliated debtors
each filed a voluntary petition for relief under Chapter 11 of the
United States Bankruptcy Code (Bankr. E.D. Mo. Lead Case No.
25-40976).
The Company disclosed $277,422,000 in total assets against
$214,702,000 in total liabilities as of Dec. 31, 2024.
Paul, Weiss, Rifkind, Wharton & Garrison LLP; Morgan, Lewis &
Bockius LLP; and Carmody MacDonald PC are serving as legal counsel
to 23andMe and Alvarez & Marsal North America, LLC as restructuring
advisor. Lewis Rice LLC, Moelis & Company LLC, and Goodwin Procter
LLP are serving as special local counsel, investment banker, and
legal advisor to the Special Committee of 23andMe's Board of
Directors, respectively. Reevemark and Scale are serving as
communications advisors to the Company. Kroll is the claims agent.
Jerry Jensen, Acting U.S. Trustee for Region 13, appointed an
official committee to represent unsecured creditors in the Chapter
11 cases of 23andMe Holding Co. and its affiliates.
The Committee selected Kelley Drye & Warren LLP as its lead
counsel; Stinson LLP as co-counsel; and FTI Consulting Inc. as
financial advisor.
23ANDME HOLDING: Committee Taps FTI Consulting as Financial Advisor
-------------------------------------------------------------------
The official committee of unsecured creditors appointed in the
Chapter 11 cases of 23andMe Holding Co. and its affiliates seeks
approval from the U.S. Bankruptcy Court for the Eastern District of
Missouri to employ FTI Consulting, Inc. as financial advisor.
The firm will render these services:
(a) assist in the review of financial related disclosures
required by the court;
(b) assist in the preparation of analyses required to assess
any proposed Debtor-In-Possession ("DIP") financing or use of cash
collateral;
(c) assist with the assessment and monitoring of the Debtors'
short term cash flow, liquidity, and operating results;
(d) assist with the review of the Debtors' proposed employee
compensation and benefits programs;
(e) assist with the review of the Debtors' potential
disposition or liquidation of both core and non-core assets;
(f) assist with the review of the Debtors' cost/benefit
analysis with respect to the affirmation or rejection of various
executory contracts and leases;
(g) assist with the review of the Debtors' identification of
potential cost savings;
(h) assist in the review and monitoring of the asset sale
process;
(i) assist with review of any tax issues associated with, but
not limited to, claims/stock trading, preservation of net operating
losses, refunds due to the Debtors, plans of reorganization, and
asset sales;
(j) assist in the review of the claims reconciliation and
estimation process;
(k) assist in the review of other financial information
prepared by the Debtors;
(l) attend at meetings and assistance in discussions with the
Debtors, potential investors, banks, other secured lenders, the
Committee and any other official committees organized in these
chapter 11 proceedings, the U.S. Trustee, other parties in interest
and professionals hired by the same, as requested;
(m) assist in the review and/or preparation of information and
analysis necessary for the confirmation of a plan and related
disclosure statement in these chapter 11 proceedings;
(n) assist in the evaluation and analysis of avoidance
actions, including fraudulent conveyances and preferential
transfers;
(o) assist in the prosecution of committee
responses/objections to the Debtors' motions; and
(p) render such other general business consulting or such
other assistance as the committee or its counsel may deem necessary
that are consistent with the role of a financial advisor and not
duplicative of services provided by other professionals in this
proceeding.
The firm's professionals will be paid at these hourly rates:
Senior Managing Directors $1,185 - $1,525
Directors/Senior Directors/Managing Directors $890 - $1,155
Consultants/Senior Consultants $485 - $820
Administrative/Paraprofessionals $190 - $385
In addition, the firm will seek reimbursement for expenses
incurred.
Andrew Scruton, a senior managing director at FTI Consulting,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Andrew Scruton
FTI Consulting Inc.
4835 East Cactus Road, Suite 230
Scottsdale, AZ 85254
About 23andMe
23andMe is a genetics-led consumer healthcare and biotechnology
company empowering a healthier future. Through its
direct-to-consumer genetic testing, 23andMe offers personalized
insights into ancestry, genetic traits, and health risks. The
Company has developed a large database of genetic information from
over 15 million customers, enabling it to provide health and
carrier status reports and collaborate on genetic research for drug
development. On the Web: http://www.23andme.com/
On March 23, 2025, 23andMe Holding Co. and 11 affiliated debtors
each filed a voluntary petition for relief under Chapter 11 of the
United States Bankruptcy Code (Bankr. E.D. Mo. Lead Case No.
25-40976).
The Company disclosed $277,422,000 in total assets against
$214,702,000 in total liabilities as of Dec. 31, 2024.
Paul, Weiss, Rifkind, Wharton & Garrison LLP; Morgan, Lewis &
Bockius LLP; and Carmody MacDonald PC are serving as legal counsel
to 23andMe and Alvarez & Marsal North America, LLC as restructuring
advisor. Lewis Rice LLC, Moelis & Company LLC, and Goodwin Procter
LLP are serving as special local counsel, investment banker, and
legal advisor to the Special Committee of 23andMe's Board of
Directors, respectively. Reevemark and Scale are serving as
communications advisors to the Company. Kroll is the claims agent.
Jerry Jensen, Acting U.S. Trustee for Region 13, appointed an
official committee to represent unsecured creditors in the Chapter
11 cases of 23andMe Holding Co. and its affiliates.
The Committee selected Kelley Drye & Warren LLP as its lead
counsel; Stinson LLP as co-counsel; and FTI Consulting Inc. as
financial advisor.
23ANDME HOLDING: Committee Taps Kelley Drye & Warren as Counsel
---------------------------------------------------------------
The official committee of unsecured creditors appointed in the
Chapter 11 cases of 23andMe Holding Co. and its affiliates seeks
approval from the U.S. Bankruptcy Court for the Eastern District of
Missouri to employ Kelley Drye & Warren LLP as lead counsel.
The firm will provide these services:
(a) advise the committee with respect to its rights, duties
and powers in these Chapter 11 cases;
(b) assist and advise the committee in its consultations with
the Debtors and in connection with the administration of these
Chapter 11 cases, the sale and plan processes, and the ultimate
disposition of the Debtors' estates;
(c) advise and represent the committee in connection with
matters generally arising in these cases;
(d) assist and advise the committee on the various data
privacy and security issues implicated by the filing of the Chapter
11 cases and the proposed sale or transfer of the Debtors' assets;
(e) interface with various federal agencies, State Attorneys'
General and the Consumer Privacy Ombudsman appointed in these
Chapter 11 cases to address privacy, security and sale issues;
(f) assist the committee in its investigation of the acts,
conduct, assets, liabilities, and financial condition of the
Debtors;
(g) participate in negotiations regarding, and reconciliation
of, claims arising from prepetition data breach, Pixel and other
litigation claims;
(h) investigate and preserve estate claims and causes of
action against current and former Debtor insiders and quantify
potential claims that may be implicated by the Debtors' sale
process;
(i) appear before this court, and any other federal or state
courts;
(j) prepare, on behalf of the committee, any pleadings,
including motions, memoranda, complaints, objections, and responses
to matters arising in these cases; and
(k) perform such other legal services as may be required or
are otherwise deemed to be in the interests of the committee in
accordance with its powers and duties as set forth in the
Bankruptcy Code, Bankruptcy Rules, or other applicable law.
The firm will be paid at these hourly rates:
Partners $855 - $1,635
Special Counsel $545 - $1,060
Associates $565 - $985
Paraprofessionals $350 - $450
In addition, the firm will seek reimbursement for expenses
incurred.
Jason Adams, Esq., a partner at Kelley Drye & Warren, also provided
the following in response to the request for additional information
set forth in Section D of the Revised U.S. Trustee Guidelines:
Question: Did you agree to any variations from, or
alternatives to, your standard or customary billing arrangements
for this engagement?
Response: No.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Response: No.
Question: If you represented the client in the 12 months
prepetition, disclose your billing rates and material financial
terms for the prepetition engagement, including any adjustments the
12 months prepetition. If your billing rates and material financial
terms have changed post petition, explain the difference and the
reasons for the difference.
Response: Kelley Drye did not represent the committee in the
12 months prepetition. Kelley Drye has represented other committees
in the 12 months prepetition in other bankruptcy cases.
Question: Has your client approved your prospective budget and
staffing plan and, if so, for what budget period.
Response: Yes, for the period of April 8, 2025, through June
30, 2025.
Mr. Adams disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Jason R. Adams, Esq.
Kelley Drye & Warren LLP
3 World Trade Center, 175
Greenwich Street
New York, NY 10007
Telephone: (212) 808-7800
About 23andMe
23andMe is a genetics-led consumer healthcare and biotechnology
company empowering a healthier future. Through its
direct-to-consumer genetic testing, 23andMe offers personalized
insights into ancestry, genetic traits, and health risks. The
Company has developed a large database of genetic information from
over 15 million customers, enabling it to provide health and
carrier status reports and collaborate on genetic research for drug
development. On the Web: http://www.23andme.com/
On March 23, 2025, 23andMe Holding Co. and 11 affiliated debtors
each filed a voluntary petition for relief under Chapter 11 of the
United States Bankruptcy Code (Bankr. E.D. Mo. Lead Case No.
25-40976).
The Company disclosed $277,422,000 in total assets against
$214,702,000 in total liabilities as of Dec. 31, 2024.
Paul, Weiss, Rifkind, Wharton & Garrison LLP; Morgan, Lewis &
Bockius LLP; and Carmody MacDonald PC are serving as legal counsel
to 23andMe and Alvarez & Marsal North America, LLC as restructuring
advisor. Lewis Rice LLC, Moelis & Company LLC, and Goodwin Procter
LLP are serving as special local counsel, investment banker, and
legal advisor to the Special Committee of 23andMe's Board of
Directors, respectively. Reevemark and Scale are serving as
communications advisors to the Company. Kroll is the claims agent.
Jerry Jensen, Acting U.S. Trustee for Region 13, appointed an
official committee to represent unsecured creditors in the Chapter
11 cases of 23andMe Holding Co. and its affiliates.
The Committee selected Kelley Drye & Warren LLP as its lead
counsel; Stinson LLP as co-counsel; and FTI Consulting Inc. as
financial advisor.
23ANDME HOLDING: Customers Must File 2023 Breach Claims Before July
-------------------------------------------------------------------
Cassandre Coyer of Bloomberg Law reports that customers whose
personal data was compromised in the 2023 breach at genetic-testing
company 23andMe Holding Co. are eligible to file claims for
financial compensation through the company's bankruptcy process,
according to a notice issued Friday, May 9, 2025.
23andMe and its subsidiaries filed for Chapter 11 bankruptcy in
March 2025 after efforts to find a buyer to avoid insolvency were
unsuccessful. The closely watched case is also expected to address
a range of legal issues tied to the breach, which exposed sensitive
information from roughly 7 million users, according to Bloomberg
Law.
About 23andMe
23andMe is a genetics-led consumer healthcare and biotechnology
company empowering a healthier future. Through its
direct-to-consumer genetic testing, 23andMe offers personalized
insights into ancestry, genetic traits, and health risks. The
Company has developed a large database of genetic information from
over 15 million customers, enabling it to provide health and
carrier status reports and collaborate on genetic research for drug
development. On the Web: http://www.23andme.com/
On March 23, 2025, 23andMe Holding Co. and 11 affiliated debtors
each filed a voluntary petition for relief under Chapter 11 of the
United States Bankruptcy Code (Bankr. E.D. Mo. Lead Case No.
25-40976).
The Company disclosed $277,422,000 in total assets against
$214,702,000 in total liabilities as of Dec. 31, 2024.
Paul, Weiss, Rifkind, Wharton & Garrison LLP; Morgan, Lewis &
Bockius LLP; and Carmody MacDonald PC are serving as legal counsel
to 23andMe and Alvarez & Marsal North America, LLC as restructuring
advisor. Lewis Rice LLC, Moelis & Company LLC, and Goodwin Procter
LLP are serving as special local counsel, investment banker, and
legal advisor to the Special Committee of 23andMe's Board of
Directors, respectively. Reevemark and Scale are serving as
communications advisors to the Company. Kroll is the claims agent.
Jerry Jensen, Acting U.S. Trustee for Region 13, appointed an
official committee to represent unsecured creditors in the Chapter
11 cases of 23andMe Holding Co. and its affiliates.
The Committee selected Kelley Drye & Warren LLP as its lead
counsel; Stinson LLP as co-counsel; and FTI Consulting Inc. as
financial advisor.
8787 RICCHI: Court Extends Cash Collateral Access to June 2
-----------------------------------------------------------
8787 Ricchi, LLC received another extension from the U.S.
Bankruptcy Court for the Northern District of Texas, Dallas
Division, to use cash collateral.
The court issued its second order authorizing the company's interim
use of cash collateral from May 1 to June 2 in accordance with its
budget.
8787 Ricchi projects total operational expenses of $75,800 for
May.
As protection, 87STE Lending, LLC was granted a replacement lien on
property currently owned or acquired by 8787 Ricchi after the
petition date similar to the lender's pre-bankruptcy collateral.
A final hearing is scheduled for June 2, with objections due by May
27.
About 8787 Ricchi
8787 Ricchi, LLC is a commercial real estate company that owns and
manages properties in Dallas, Texas.
8787 Ricchi sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Texas Case No. 25-31144) on March 31, 2025. In
its petition, the Debtor reported between $1 million and $10
million in both assets and liabilities.
Judge Stacey G. Jernigan handles the case.
The Debtor is represented by Frank Jennings Wright, Esq. at Law
Offices of Frank J. Wright, PLLC.
ABP AVENTURA: Gets Final OK to Use Cash Collateral
--------------------------------------------------
ABP Aventura, Inc. received final approval from the U.S. Bankruptcy
Court for the Southern District of Florida, Miami Division, to use
cash collateral.
The final order authorized the company to use cash collateral to
pay the expenses set forth in its budget and to cover the fees of
the U.S. trustee and the Subchapter V trustee.
JPMorgan Chase, N.A., a secured lender, asserts a lien on the
company's property. It holds a term note from the company in the
original principal amount of $650,000, of which $126,650 remains
due. The bank also holds a line of credit in the principal amount
of $1 million, of which $692,000 is presently due.
As protection, JPMorgan will receive an interest-only monthly
payment of $7,597.50 on the line of credit and a principal and
interest monthly payment of $9,363.67 on the term note.
In addition, JPMorgan will be granted a replacement lien on ABP
Aventura's property and a superpriority administrative expense
claim in case of any diminution in the value of its interest in the
cash collateral.
The provisions of the final order will remain in full force and
effect until the entry of an order dismissing the company's Chapter
11 case; the granting of stay relief in favor
of JPMorgan; or entry of a subsequent order modifying or vacating
the final order, whichever comes first.
About ABP Aventura Inc.
ABP Aventura Inc., operating under the name Relax The Back,
specializes in ergonomic products aimed at alleviating neck and
back pain. It offers items like ergonomic office furniture,
Tempur-Pedic mattresses, fitness tools, and massage products. With
over 70 stores in North America and its website RelaxTheBack.com,
the company combines personalized service with a holistic wellness
approach.
ABP Aventura filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-12901) on March 18,
2025, listing total assets of $3,358,190 and total liabilities of
$1,704,840. Tarek Kiem, Esq., at Kiem Law, PLLC serves as
Subchapter V trustee.
Judge Laurel M. Isicoff handles the case.
The Debtor is represented by David R. Softness, Esq., at David R.
Softness, PA.
ADMI CORP: S&P Affirms 'B-' ICR Amid Slower Cash Flow
-----------------------------------------------------
S&P Global Ratings affirmed its 'B-' issuer credit rating, with a
stable outlook on ADMI Corp. (doing business as The Aspen Group
[TAG]).
S&P also maintained its '3' (50%) recovery rating and 'B-'
issue-level rating on its senior secured debt.
S&P said, "The stable outlook reflects our expectation that TAG
will generate positive reported free operating cash flow (FOCF)
excluding growth capital expenditure (capex) in 2025 and positive
overall FOCF in 2026, ahead of its term loan maturity in December
2027.
"We believe the company will be able to cover maintenance capital
this year and position itself to generate positive FOCF in 2026. We
expect TAG to generate sufficient cash flow to meet its maintenance
capex in 2025, which we believe is in the $55 million area. We
believe 2025 cash flows will be burdened by macroeconomic pressure
on its ClearChoice business, which is more sensitive to the
business cycle given the higher price point and more affordable
alternatives. Additionally, the upfront payment nature of the
business will likely lead to a working capital drag as the deferred
revenue backlog is worked through at a faster pace than new
bookings. We expect TAG to work through the majority of this
deferred revenue in 2025, which should slow this dynamic in 2026.
We expect the company to pull back de novo growth spending in 2025
and 2026 (particularly at ClearChoice and WellNow), while also
benefiting from our expectation of a lower interest rate
environment and operational improvements. The slowing of de novo
growth will also benefit EBITDA as prior investments mature and the
expense drag from new offices decreases. We believe these factors
will drive positive free operating cash flow after growth
investments of $10 million-$20 million in 2026.
"We believe TAG will maintain a tighter but still adequate
liquidity position, which should provide some runway as the company
trends toward positive FOCF. As of the first quarter ended March
31, 2025, TAG had a liquidity position of roughly $275 million
(down from $407 million as of second quarter of 2024) consisting of
balance sheet cash and about $215 million of availability under its
revolving credit facility. Its liquidity position was bolstered by
a $450 million sponsor preferred equity injection at the end of
2023, which we treat as equity. Given the pressure at ClearChoice
and the expected impact on resulting cash flow, we believe cash
burn in 2025 to be roughly $140 million. In our opinion, the
current liquidity position provides TAG with some cushion to
continue to grow modestly with de novos and to trend toward
positive free cash flow in 2026. We think the positive operating
trend and actions to improve cash flow will help mitigate
refinancing risk related to its maturities in 2027.
"We expect general dentistry to remain resilient coupled with
improvements at WellNow to offset macro related headwinds, however,
there remains some risk to our forecast. TAG's 2024 results were
largely in line with our expectations for the year, generating
top-line growth of 14.4% and achieving S&P Global Ratings' adjusted
EBITDA margins of roughly 11.8% (excluding the impact of a bad-debt
reserve taken in the fourth quarter on the year). We expect TAG to
continue to grow its top line in the 4.5%-5.5% range over the next
two years on the back of stability in general dentistry, and
operational improvements in its WellNow segment. We anticipate
growth in its Aspen business to be the key driver of overall growth
given de novo investments and a stable demand environment.
Additionally, we expect its WellNow segment to see modest growth in
2025 as reimbursement rates in the industry are rising and it is
now returned to network with Excellus (its largest payor in the
urgent care space). However, we expect the macroenvironment's
impact on consumer discretionary spending will lower volumes in its
ClearChoice segment, offsetting some top-line growth, and margin
improvement. Additionally, while TAG has initiated cost
efficiencies to mitigate some of the margin impact at ClearChoice,
we expect headwinds related to patient financing will likely offset
these actions. As a result, we expect adjusted EBITDA margins to be
around 12% in 2025 as benefits in its WellNow segment and stable
performance at Aspen are able to slightly offset the macro-related
headwinds at ClearChoice and on patient financing fees.
"That said, we see some uncertainty in our forecast due to the
current geopolitical environment and the elevated pressure
ClearChoice may face if the economy weakens more than expected.
This would likely pressure margins and lead to a more severe
working capital outflow. Additionally, if performance begins to
trend below our base-case expectations, particularly as it relates
to cash flow, we could consider a lower rating, especially
considering the increasing refinancing risk as 2027 maturities
approach.
"The stable outlook reflects our expectation that TAG will generate
positive reported FOCF, excluding growth capex in 2025. The outlook
also incorporates a more conservative cash flow stance, focusing on
cost efficiencies and reducing de novo growth spending to support
prospects for positive free operating cash flow in 2026, supporting
expectations of a successful refinancing well ahead of the 2027
maturities. This assumes macroeconomic pressure on consumer
spending will continue to pressure its ClearChoice business in
2025.
"We could lower the ratings if operating performance deviates from
our base-case scenario, which limits EBITDA growth and FOCF
generation such that FOCF excluding de novo capex remains negative,
eroding liquidity and heightening refinancing risk. In this
scenario, we would view the capital structure as likely
unsustainable."
An upgrade is unlikely within the next 12 months given the recent
business disruption, mixed operating results, and high leverage. A
higher rating would be spurred by leverage sustained well below 8x,
sustained positive FOCF generation after a normal level of growth
investments, and consistently positive operating results. In
assessing cash flow, S&P would consider the cash interest required
to refinance the J.P. Morgan preferred equity with debt because S&P
believes the company has a growing incentive to redeem this
tranche.
ALIGNED MEDICAL: Seeks to Hire Smith Kane Holman as Legal Counsel
-----------------------------------------------------------------
Aligned Medical Group, PC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Pennsylvania to employ Smith Kane
Holman, LLC as counsel.
The firm will render these services:
(a) advise the Debtor with respect to its rights and
obligations pursuant to the Bankruptcy Code;
(b) assist the Debtor in the preparation of the schedules and
statement of financial affairs and any amendments thereto;
(c) represent the Debtor at its first meeting of creditors and
any and all Rule 2004 examinations;
(d) prepare any and all necessary applications, motions,
answers, responses, orders, reports and any other type of pleading
or document regarding any proceeding instituted by or against the
Debtor with respect to this case;
(e) assist the Debtor in the formulation and seeking
confirmation of a Chapter 11 plan and disclosure materials; and
(f) perform all other legal services for the Debtor which may
be necessary or desirable in connection with this case.
The firm will be paid at these hourly rates:
Partners $425 - $525
Associates $325 - $400
Paralegals $75 - $100
The firm received a retainer in the amount of $15,000, plus the
Chapter 11 filing fee of $1,738.
David Smith, Esq., an attorney at Smith Kane Holman, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
David B. Smith, Esq.
Smith Kane Holman LLC
112 Moores Road, Suite 300
Malvern, PA 19355
Telephone: (610) 407-7217
Facsimile: (610) 407-7218
Email: dsmith@skhlaw.com
About Aligned Medical Group
Aligned Medical Group, PC filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Pa. Case No.
25-11769) on May 5, 2025. In the petition signed by Joel Stutzman,
president, the Debtor disclosed up to $500,000 in estimated assets
and up to $1 million in estimated liabilities.
Judge Patricia M. Mayer oversees the case.
David B. Smith, Esq., at Smith Kane Holman LLC serves as the
Debtor's counsel.
ALL CARE HOSPICE: Voluntary Chapter 11 Case Summary
---------------------------------------------------
Debtor: All Care Hospice, LLC
d/b/a Tribute Hospice
158 Aztec Lane, Suite 104
Van Alstyne, TX 75495
Business Description: All Care Hospice LLC is a Medicare-certified
hospice care provider based in Van Alstyne,
Texas. Operating under the name Tribute
Hospice, the Company offers palliative care
services, including nursing visits, pain
management, counseling, and bereavement
support for patients with terminal illnesses
and their families.
Chapter 11 Petition Date: May 11, 2025
Court: United States Bankruptcy Court
Eastern District of Texas
Case No.: 25-41350
Judge: Hon. Brenda T Rhoades
Debtor's Counsel: Robert Buchholz, Esq.
THE LAW OFFICE OF ROBERT W. BUCCHOLZ, P.C.
5220 Spring Valley Road, Suite 618
Dallas, TX 75254
Tel: (214) 754-5500
Email: bob@attorneybob.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Daniel C. Blackburn as manager.
The petition was filed without the Debtor's list of its 20 largest
unsecured creditors.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/4S23DIA/All_Care_Hospice_LLC__txebke-25-41350__0001.0.pdf?mcid=tGE4TAMA
ALLECOM CORP: Court OKs Continued Access to Cash Collateral
-----------------------------------------------------------
Allecom Corp. received another extension from the U.S. Bankruptcy
Court for the Southern District of Texas to use cash collateral.
The order authorized the company's interim use of cash collateral,
including revenue from its operations, through confirmation of its
Chapter 11 plan or until further court
order.
As protection for the company's use of their cash collateral,
secured creditors were granted replacement liens on assets,
including cash collateral, acquired or generated by the company
after its Chapter 11 filing.
About AllEcom Corp.
AllEcom Corp. is a subcontractor for FedEx, providing specialized
services to support its operations.
AllEcom sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. S.D. Texas Case No. 25-31569) on March 24, 2025. In its
petition, the Debtor reported total assets of $306,082 and total
debts of $3,310,215.
Judge Eduardo V. Rodriguez oversees the case.
The Debtor is represented by:
Anabel King, Esq.
Wauson King
52 Sugar Creek Center Blvd., Suite 325
Sugar Land, TX 77478
Tel: 281-242-0303
Email: aking@w-klaw.com
ALMOND COW: Updates Restructuring Plan Disclosures
--------------------------------------------------
Almond Cow, Inc., submitted a First Amended Plan of Reorganization
under Subchapter V dated April 9, 2025.
The following language shall replace and supersede Article VI,
Section 6.2 of the Plan:
"Class 3 Allowed Secured Claims of JP Morgan Chase Bank, N.A. JP
Morgan Chase Bank, N.A. shall have an Allowed Secured Claim in the
amount of $40,423.62, calculated as of May 15, 2025, with interest
accruing at ten percent per annum. The Claim shall be paid in
twenty-four equal monthly installments of $1,865.35 with the first
distribution to be made on May 15, 2025, and continuing on the 15th
day of each month thereafter (unless the 15th day of the month
falls on a weekend or legal holiday in Georgia, in which case the
due date will be the next business day) through and including April
15, 2027, or until otherwise paid in full (each a "Class 3
Distribution Date"). Any Class 3 Distribution which is not paid
within fifteen days of the respective Class 3 Distribution Date
shall be considered late. If a Class 3 Distribution is late, Chase
may send the Debtor a Notice of Default by email to
admin@almondcow.co with a copy to Brett@almondcow.co and the Debtor
shall thereafter have five business days to cure such default (the
"Cure Period"). In the event the Debtor fails to cure such default
within the Cure Period, Chase may file the Notice of Default along
with an affidavit indicating that the Debtor failed to cure the
default within the Cure Period in the Bankruptcy Court and may
thereafter pursue its rights and remedies against the Debtor in any
court of competent jurisdiction for failure to perform under this
Plan."
Class 3 Claims are Impaired and are entitled to vote to accept or
reject the Plan.
EXCULPATION AND LIMITATION OF LIABILITY.
EXCULPATION. FROM AND AFTER THE EFFECTIVE DATE, THE RELEASED
PARTIES SHALL NEITHER HAVE NOR INCUR ANY LIABILITY TO, OR BE
SUBJECT TO ANY RIGHT OF ACTION BY, ANY HOLDER OF A CLAIM, OR ANY
OTHER PARTY IN INTEREST, OR ANY OF THEIR RESPECTIVE EMPLOYEES,
REPRESENTATIVES, FINANCIAL ADVISORS, ATTORNEYS, OR AGENTS ACTING IN
SUCH CAPACITY, OR AFFILIATES, OR ANY OF THEIR SUCCESSORS OR
ASSIGNS, FOR ANY ACT OR OMISSION IN CONNECTION WITH, RELATING TO,
OR ARISING OUT OF, THE CHAPTER 11 CASE, FORMULATING, NEGOTIATING OR
IMPLEMENTING THE PLAN, THE SOLICITATION OF ACCEPTANCES OF THIS
PLAN, THE CONFIRMATION OF THIS PLAN, OR THE ADMINISTRATION OF THIS
PLAN OR THE PROPERTY TO BE DISTRIBUTED UNDER THIS PLAN, PROVIDED,
HOWEVER, THAT THE FOREGOING PROVISION SHALL NOT APPLY TO AN ACT OR
OMISSION THAT IS DETERMINED BY A FINAL ORDER OF THE BANKRUPTCY
COURT TO HAVE CONSTITUTED WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
ANY OF THE RELEASED PARTIES SHALL BE ENTITLED TO RELY, IN ALL
RESPECTS, UPON THE ADVICE OF COUNSEL WITH RESPECT TO THEIR DUTIES
AND RESPONSIBILITIES UNDER THE PLAN. FOR THE AVOIDANCE OF DOUBT,
THIS SECTION 13.3 CONSTITUTES AN EXCULPATION NOT A RELEASE OF THE
RELEASED PARTIES WITH RESPECT TO THEIR OBLIGATIONS OR COVENANTS
ARISING PURSUANT TO THE PLAN.
INJUNCTION RELATED TO EXCULPATION. TO THE FULLEST EXTENT AUTHORIZED
OR PROVIDED BY THE BANKRUPTCY CODE, INCLUDING, WITHOUT LIMITATION,
TO THE EXTENT PROVIDED FOR OR AUTHORIZED BY SECTION 105(A), 524 AND
1141 THEREOF, ALL PERSONS THAT HAVE HELD, HOLD OR MAY HOLD ANY
CLAIMS OR CAUSES OF ACTION EXCULPATED PURSUANT TO THIS SECTION 13.3
WILL BE PERMANENTLY ENJOINED FROM TAKING ANY OF THE FOLLOWING
ACTIONS AGAINST ANY RELEASED PARTY OR ITS PROPERTY ON ACCOUNT OF
SUCH RELEASED CLAIMS OR CAUSES OF ACTION: (I) COMMENCING,
CONDUCTING OR CONTINUING IN ANY MANNER, DIRECTLY OR INDIRECTLY, ANY
SUIT, ACTION, CAUSE OF ACTION OR OTHER PROCEEDING OF ANY KIND; (II)
ENFORCING, LEVYING, ATTACHING, COLLECTING OR OTHERWISE RECOVERING
BY ANY MANNER OR MEANS, DIRECTLY OR INDIRECTLY, ANY JUDGMENT,
AWARD, DECREE OR ORDER; (III) CREATING, PERFECTING OR OTHERWISE
ENFORCING IN ANY MANNER, DIRECTLY OR INDIRECTLY, ANY LIEN; (IV)
EXCEPT AS PROVIDED HEREIN, ASSERTING ANY SETOFF, RIGHT OF
SUBROGATION OR RECOUPMENT OF ANY KIND, DIRECTLY OR INDIRECTLY,
AGAINST ANY OBLIGATION DUE A RELEASED PARTY; AND (V) COMMENCING OR
CONTINUING ANY ACTION OR CAUSE OF ACTION, IN ANY MANNER, IN ANY
PLACE THAT DOES NOT COMPLY WITH OR IS INCONSISTENT WITH THE
PROVISIONS OF THIS PLAN.
The First Amended Plan does not alter the proposed treatment for
unsecured creditors and the equity holder:
* Class 6 consists of Allowed General Unsecured Claims. Each
Holder of an Allowed General Unsecured Claim shall receive, in full
satisfaction of such Class 6 Claim, an annual payment in an amount
equal to that Holder's Pro Rata Share of the General Unsecured
Claims Fund. Distributions shall be made on the later of (i) a
Distribution Date, or (ii) if an objection to such Claim is filed,
within five Business Days following the entry of a Final Order
allowing such Claim, or as soon as reasonably practicable
thereafter. No Class 6 Allowed General Unsecured Claim shall be
entitled to interest from or after the Petition Date. Class 6
Claims are Impaired.
* Class 7 consists of Subordinated Insider Claims. The
Subordinated Insider Claims shall be, at the election of the Holder
of a Subordinated Insider Claim, (i) waived and disallowed in its
entirety with no distribution on such Class 7 Claim, or (ii)
Allowed and subordinated to Holders of Allowed Claim in Classes 2
through 6, such that no distribution shall be made on any Allowed
Class 7 Claim until all Plan Payments have been made to Holders of
Allowed Claims in Classes 2, 3, 4, 5 and 6. Class 7 Claims are
Impaired.
* Class 8 consists of Equity Interests. Holders of Equity
Interests in the Debtor shall retain their Equity Interests in the
Reorganized Debtor following Confirmation of the Plan in the same
percentages as they held in the Debtor prior to the Effective Date
but shall receive no Distributions under the Plan on account of
such Equity Interests. Class 8 is Unimpaired by the Plan. All
Holders of Equity Interests in Class 8 are deemed to have accepted
the Plan and, therefore, are not entitled to vote on the Plan.
A full-text copy of the First Amended Plan dated April 9, 2025 is
available at https://urlcurt.com/u?l=Fr31Zb from PacerMonitor.com
at no charge.
Counsel for the Debtor:
SCROGGINS, WILLIAMSON & RAY, P.C.
J. Robert Williamson, Esq.
Ashley Reynolds Ray, Esq.
4401 Northside Parkway
Suite 230
Atlanta, GA 30327
Email: (404) 893-3880
About Almond Cow
Almond Cow Inc. -- https://almondcow.co -- is a plant-based milk
maker.
Almond Cow filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. N.D. Ga. Case No. 24-61376) on Oct. 25,
2024, with $100,000 to $500,000 in assets and $1 million to $10
million in liabilities. Brett Goodson, president of Almond Cow,
signed the petition.
Judge Lisa Ritchey Craig oversees the case.
The Debtor is represented by Ashley Reynolds Ray, Esq., at
Scroggins, Williamson & Ray, P.C.
AMERICAN FORKLIFT: Seeks Subchapter V Bankruptcy in Florida
-----------------------------------------------------------
On May 5, 2025, American Forklift Rental & Supply LLC filed
Chapter 11 protection in the U.S. Bankruptcy Court for the Middle
District of Florida. According to court filing, the
Debtor reports $890,937 in debt owed to 1 and 49 creditors. The
petition states funds will be available to unsecured creditors.
About American Forklift Rental & Supply LLC
American Forklift Rental & Supply LLC provides forklift rentals,
sales, parts, service, and safety training across Central Florida,
including Orlando, Tampa, and surrounding counties. The Company
offers new and used forklifts in various fuel types and sizes, with
flexible rental terms and included maintenance. Headquartered in
Orlando, it has served the region for over 25 years and remains
owner-operated to ensure personalized customer support.
American Forklift Rental & Supply LLC sought relief under
Subchapter V of Chapter 11 of the U.S. Bankruptcy Code
(Bankr. M.D. Fla. Case No. 25-02765) on May 5, 2025. In its
petition, the Debtor reports total assets of $1,280,342 and total
liabilities of $890,93.
Honorable Bankruptcy Judge Lori V. Vaughan handles the case.
The Debtors are represented by Melissa Youngman, Esq. at WINTER
PARK ESTATE PLANS & REORGS.
AMERICAN WARRIOR: Hires Coldwell Banker The Real Estate as Realtor
------------------------------------------------------------------
American Warrior Construction, Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Kansas to employ Coldwell
Banker The Real Estate Shoppe as realtor.
The Debtor needs a realtor to sell its properties located at:
(a) Lot 4, Block 1 of the Replat of Lots 3, 4, 5 and 6 of
Block One of the Taylor North Addition to the City of Garden City,
Finney County; and
(b) located in the South Half of the Northeast Quarter (S/2 of
NE/4) of Section 12, Township 24 South, Range 33 West of the 6th
P.M. in Finney County.
The firm will receive a commission of 5 percent of the gross sale
proceeds.
Jean Anliker, a real estate agent at Coldwell Banker The Real
Estate Shoppe, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Jean Anliker
Coldwell Banker The Real Estate Shoppe
1107 E. Kansas Plaza
Garden City, KS 67846
Telephone: (620) 275-7421
About American Warrior Construction
American Warrior Construction, Inc. is a construction company based
in 118 E Laurel Garden City, KS 67846.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Kan. Case No. 24-11168) on November 14,
2024. In the petition signed by by Amro M. Samy, president, the
Debtor disclosed estimated assets of up to $50,000 and estimated
liabilities of up to $10 million.
Judge Mitchell L. Herren presides over the case.
Nicholas R. Grillot, Esq., at Hinkle Law Firm LLC represents the
Debtor as legal counsel.
AR ACQUISITIONS: Seeks Approval to Hire TEC Real Estate as Realtor
------------------------------------------------------------------
AR Acquisitions, LLC seeks approval from the U.S. Bankruptcy Court
for the Western District of Washington to employ TEC Real Estate,
Inc. as realtor.
The firm will render these services:
(a) assess the current condition of the real properties and
identify improvements to appeal to buyers;
(b) perform market analysis and assist in pricing the real
properties prior to listing for sale;
(c) list the properties for sale on platforms like the MLS and
other online platforms;
(d) offer recommendations for minor cosmetic alterations to
appeal to buyers;
(e) schedule showings of the properties to potential buyers;
(f) assist the Debtor in sales negotiations with potential
buyers;
(g) assist in preparation and review of purchase and sale
agreements and any accompanying addenda;
(h) work with other professionals, such as lawyers, escrow
agents, and buyer's brokers, to close the sales; and
(i) perform any and all other realtor services for the Debtor
as may be necessary in this bankruptcy case.
The firm will receive a commission of 1.5 percent of the sales
price of real property sold.
Alex Robertson, a real estate agent at TEC Real Estate, disclosed
in a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Alex Roberston
TEC Real Estate Inc.
40 lake Bellevue Dr., Ste. 245
Bellevue, WA 98005
Telephone: (425) 373-9494
About AR Acquisitions
AR Acquisitions, LLC, a company in Bellevue, Wash., filed a
petition under Chapter 11, Subchapter V of the Bankruptcy Code
(Bankr. W.D. Wash. Case No. 24-12986) on November 22, 2024. In the
petition, the Debtor reported between $1 million and $10 million in
both assets and liabilities.
Judge Christopher M. Alston oversees the case.
The Debtor is represented by Dennis McGlothin, Esq., at Western
Washington Law Group PLLC.
ATZ TRANSPORT: Court OK's Trailer Sale to Christopher Gebhardt
--------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Georgia,
Newnan Division, has approved RSTZ Transport Inc. to sell 1997
Kentucky Drop Frame Trailer, free and clear of liens, interests,
and encumbrances.
The Court has authorized the Debtor to sell the trailer for a total
purchase price of $15,000.00 to Christopher B. Gebhardt.
The Court has determined that there are no objections to the motion
and the purchaser is good faith purchase and is entitled to the
protections.
The Debtor is ordered to executive and deliver all documents
necessary to sell the Trailer.
The Court further held that all liens, claims, encumbrances, and
interests on the Trailer will be deemed divested, released, and
terminated. All obligations, liabilities, liens, and encumbrances
of any kind or nature shall attach to the proceeds of the sale to
the same extent, validity, and priority.
About RSTZ Transport Inc.
RSTZ Transport Inc. is a Georgia-based corporation operating in the
general freight trucking industry.
RSTZ Transport filed Chapter 11 petition (Bankr. N.D. Ga. Case No.
25-20123) on January 31, 2025, listing total assets of $3,464,462
and total liabilities of $4,588,041.
Judge James R. Sacca oversees the case.
Ian Falcone, Esq., at The Falcone Law Firm, PC is the Debtor's
bankruptcy counsel.
BALL CORP: S&P Rates New EUR750MM Senior Unsecured Notes 'BB+'
--------------------------------------------------------------
S&P Global Ratings assigned its 'BB+' issue-level rating and '3'
recovery rating to Ball Corp.'s proposed EUR750 million senior
unsecured notes due 2032. The '3' recovery rating indicates S&P's
expectation for meaningful (50%-70%; rounded estimate: 65%)
recovery in the event of a default. The company intends to use the
net proceeds from this offering, together with cash on hand, for
general corporate purposes, which may include the refinancing or
repayment of debt, potential investments in strategic alliances and
acquisitions, working capital, pension contributions, or capital
expenditures. Prior to using these proceeds for such purposes, Ball
intends to repay the outstanding borrowings under its
dollar-denominated revolver, which had $850 million of outstanding
borrowings as of March 31, 2025. The new notes will rank pari passu
with the company's existing senior unsecured notes.
Issue Ratings--Recovery Analysis
Key analytical factors
-- The collateral package for the stock-secured facility is
somewhat weak because lenders only have a lien on subsidiary stock,
while all domestic entities are borrowers or guarantors for the
company's secured and unsecured debt. Therefore, domestic
borrowings under the credit facility do not have a priority claim
on the value of the U.S. operations relative to unsecured creditors
in the U.S.
-- Despite this weakness in the collateral package, domestic
borrowings under the credit facility have a priority claim on 65%
of the equity value in the foreign subsidiaries, and direct
borrowings by foreign subsidiaries have a structurally senior claim
to the foreign enterprise value.
-- S&P assumes revolver borrowings by foreign subsidiaries of $441
million. A collection allocation mechanism would equalize recovery
rates for all bank borrowing, despite the better guarantor and
collateral terms for non-U.S. borrowings.
-- Using these assumptions, S&P estimates the collateral covers
91% of the secured debt claims. The secured lenders' share of the
noncollateral value (from the deficiency claim) would push their
total recovery to 97%. The large proportion of noncollateral value
would be sufficient to provide 68% coverage of the unsecured
claims, including the notes and deficiency claim on the secured
loan.
Simulated default assumptions
-- Simulated year of default: 2030
-- EBITDA multiple: 6x
-- EBITDA at emergence: $1.207 billion
-- Jurisdiction: U.S.
Simplified waterfall
-- Net enterprise value at default (after 5% administrative
costs): $6.885 billion
-- Valuation split (domestic/foreign): 50%/50%
-- Net enterprise value of foreign entities: $3.443 billion
-- Priority claims (foreign receivables factoring program): $605
million
-- Secured foreign revolver borrowings: $441 million
-- Remaining foreign value available (collateral/noncollateral):
$2.397 billion ($1.558 billion/$839 million)
-- Net enterprise value of domestic entities: $3.443 billion
-- Priority claims (domestic receivables factoring program): $444
million
-- Remaining domestic value available (noncollateral): $2.999
billion
-- Collateral value available to secured debt: $1.999 billion
-- Pro rata share of noncollateral value available to secured
debt: $131 million
-- Secured debt claims: $2.192 billion
--Recovery expectations: 90%-100% (rounded estimate: 95%)
-- Value available to unsecured debt (noncollateral): $3.837
billion
-- Pari passu secured deficiency claims: $193 million
-- Unsecured debt claims: $5.470 billion
-- Total unsecured claims: $5.663 billion
--Recovery expectations: 50%-70% (rounded estimate: 65%)
Note: Debt amounts include six months of accrued interest that S&P
assumes will be owed at default. Collateral value includes equity
pledges in nonobligors (after priority claims). S&P generally
assume usage of 85% for cash flow revolvers at default.
BED BATH: Court Approves $1.95MM ERISA Deal
-------------------------------------------
Ryan Harroff of Law360 reports that a New Jersey federal judge has
tentatively approved a $1.95 million settlement in a proposed class
action claiming Bed Bath & Beyond's 401(k) committee mishandled the
retirement plan for 2,100 employees prior to its termination and
the company's bankruptcy filing.
About Bed Bath & Beyond
Bed Bath & Beyond Inc., together with its subsidiaries, is an
omnichannel retailer selling a wide assortment of merchandise in
the Home, Baby, Beauty & Wellness markets and operates under the
names Bed Bath & Beyond, buybuy BABY, and Harmon, Harmon Face
Values. The Company also operates Decorist, an online interior
design platform that provides personalized home design services.
At its peak, Bed Bath & Beyond operated the largest home furnishing
retailer in the United States with over 970 stores across all 50
states, consistently at the forefront of major home and bath
trends. Operating stores spanning the United States, Canada,
Mexico, and Puerto Rico, Bed Bath & Beyond offers everything from
bed linens to cookware to electric appliances, home organization,
baby care, and more.
Bed Bath & Beyond closed over 430 locations across the United
States and Canada before filing Chapter 11 cases, implementing
full-scale wind-downs of their Canadian business and the Harmon
branded stores.
Left with 360 Bed Bath & Beyond, and 120 buybuy BABY stores, Bed
Bath & Beyond Inc. and 73 affiliated debtors on April 23, 2023,
each filed a voluntary petition for relief under Chapter 11 of the
United States Bankruptcy Code to pursue a wind-down of operations.
The cases are pending before the Honorable Vincent F. Papalia and
requested joint administration of the cases under Bankr. D.N.J.
Lead Case No. 23-13359.
Kirkland & Ellis LLP and Cole Schotz P.C. are serving as legal
counsel, Lazard Frares & Co. LLC is serving as investment banker,
and AlixPartners LLP is serving as financial advisor. Bed Bath &
Beyond Inc. has retained Hilco Merchant Resources LLC to assist
with inventory sales. Kroll LLC is the claims agent.
BH DOWNTOWN: Hires Gould & Pakter Associates as Financial Expert
----------------------------------------------------------------
BH Downtown Miami, LLC and 340 Biscayne Owner, LLC seek approval
from the U.S. Bankruptcy Court for the Southern District of Florida
to employ Gould & Pakter Associates LLC as financial expert.
The firm will assist the Debtors in supporting the claims raised in
the adversary proceeding styled BH Downtown Miami, LLC et al. v.
Cirrus 340BB Lender LLC et al., Adversary No. 25-0110-LMI.
The firm will be paid $300 to $500 per hour for professionals and
$200 per hour for paraprofessionals.
In addition, the firm will seek reimbursement for expenses
incurred.
Michael Pakter, a certified public accountant at Gould & Pakter
Associates, disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Michael D. Pakter, CPA
Gould & Pakter Associates, LLC
203 North LaSalle Street, Suite 2100
Chicago, IL 60601
Telephone: (773) 671-1950
About BH Downtown Miami
BH Downtown Miami, LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 24-23028) on Dec. 13,
2024. In its petition, the Debtor reported estimated assets between
$100 million and $500 million and estimated liabilities between $50
million and $100 million.
Judge Laurel M. Isicoff oversees the case.
The Debtor tapped Pardo Jackson Gainsburg & Shelowitz, PL as
counsel and Gould & Pakter Associates, LLC as financial expert.
BKS CAMBRIA: Voluntary Chapter 11 Case Summary
----------------------------------------------
Debtor: BKS Cambria LLC
202 Monte Cristo Place
Cambria CA 93428
Business Description: BKS Cambria LLC is a real estate debtor with
a single asset, as outlined in 11 U.S.C.
Section 101(51B).
Chapter 11 Petition Date: May 12, 2025
Court: United States Bankruptcy Court
Central District of California
Case No.: 25-10631
Judge: Hon. Ronald A Clifford III
Debtor's Counsel: Wiley Ramey, Esq.
9520 Castillo Dr.
San Simeon CA 93452
Tel: (805) 924-3010
Fax: (805) 924-3011
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Bernd Schaefers 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/TECREPI/BKS_CAMBRIA_LLC__cacbke-25-10631__0001.0.pdf?mcid=tGE4TAMA
BLACK ROCK: Hires W. Derek May as General Insolvency Counsel
------------------------------------------------------------
Black Rock Mining, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of California to employ the Law
Office of W. Derek May as general insolvency counsel.
The firm will render these services:
(a) advise the Debtor concerning the requirements of the
Bankruptcy Court, the Federal Rules of Bankruptcy Procedure, the
Local Rules of the Central District of California, and with respect
to compliance with the requirement of the Office of the United
State Trustee;
(b) advise the Debtor regarding matters of bankruptcy law;
(c) conduct examinations of witnesses, claimants, or adverse
parties with respect to any necessary or pending litigation arising
in Bankruptcy;
(d) prepare and assist in the preparation of reports,
accounts, applications, motions, complaint, orders and or any other
pleadings of any kind required in the case;
(e) represent the Debtor in any proceedings or hearings in
this Court and any proceedings in any other court where the
Debtor's rights under the Bankruptcy Code may be litigated or
affected;
(f) file any motion, applications or other pleadings
appropriate to effectuate the reorganization of the Debtor;
(g) review claims filed in the Debtor's case, and, if
appropriate, to prepare and file objections to disputed claims;
(h) assist the Debtor in negotiation, formulation,
confirmation and implementation of a Chapter 11 plan of
reorganization;
(i) assist the Debtor in negotiation with the estate's secured
creditors;
(j) serve as the Debtor's general insolvency counsel in
cooperation with any special counsel or other professional(s)
retained by the Debtor in the case;
(k) represent the Debtor in any adversary proceedings filed in
the case; and
(l) take such other action and perform such other services as
the Debtor may require of the firm in connection with its Chapter
11 case.
W. Derek May, Esq., the primary attorney in this representation,
will be billed at his hourly rate of $450.
In addition, the firm will seek reimbursement for expenses
incurred.
The firm was paid an initial post-petition retainer deposit of
$5,000 by Stephen R. Wade.
Mr. May disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
W. Derek May, Esq.
Law Office of W. Derek May
400 N. Mountain Ave. Suite 236
Upland, CA 91786
Telephone: (909) 920-0443
Facsimile: (909) 912-8114
Email: wdmlaw17@gmail.com
About Black Rock Mining
Black Rock Mining LLC, based in Boron, California, is involved in
the extraction and processing of basalt, a dark-colored igneous
rock. The Company offers products used in construction, such as
crushed aggregate for road bases, concrete, asphalt, and railroad
ballast.
Black Rock Mining LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Cal. Case No. 25-10619) on February
28, 2025. In its petition, the Debtor reports estimated assets
between $500,000 and $1 million and estimated liabilities between
$1 million and $10 million.
Honorable Bankruptcy Judge Rene Lastreto II handles the case.
Law Office of W. Derek May serves as the Debtor's counsel.
BNB BATTERY: Amends Miller Electrical Secured Claim Pay
-------------------------------------------------------
BNB Battery LLC submitted an Amended and Restated Plan of
Reorganization dated April 9, 2025.
This Plan deals with all property of Debtor and provides for
treatment of all Claims against the Debtor and its property.
Like in the prior iteration of the Plan, the Debtor will pay the
Holders of Class 8 General Unsecured Claims in accordance with the
Plan Payment Procedures set forth in Section 4.11 of the Plan.
Notwithstanding anything else in this Plan to the contrary, any
Class 8 Claim shall be reduced by any payment received by the
creditor holding such claim from any third party or other obligor
and Debtor's obligations hereunder shall be reduced accordingly.
The Class 8 Claims are Impaired. The allowed unsecured claims total
$29,700.46.
Class 9 consists of the claim of Miller Electrical Contractors,
Inc. Miller Electrical originally filed Proof of Claim 9, on July
1, 2024, asserting a secured claim of $111,062.63. On April 7,
2024, Miller Electrical amended its proof of claim (the "Miller
Amended Claim") to $0.00 (the "Class 9 Secured Claim").
As reflected in the Miller Amended Claim, the allowed amount of the
Class 9 Secured Claims shall be $0.00 and the Class 9 Secured
Claims shall continue and attach to the Debtor's assets to the
extent of $0.00. The Class 9 Secured Claims shall be specifically
reclassified as and treated pursuant to Class 8 as a General
Unsecured Claims.
The Administrative and General Unsecured Creditors Payments will be
disbursed as follows:
* First to accrued unpaid Allowed Administrative Expenses
including Allowed Professional Fees, until paid in full.
* Upon payments in full of any Allowed Administrative
Expenses, including Professional Fees, all remaining payments shall
be paid to Class 8 General Unsecured Creditors pro rata.
The source of funds for the payments pursuant to the Plan is
Debtor's sale of the houses listed in this Plan as well as the
continued operations of Debtor and future projects.
The Debtor may maintain bank accounts under the confirmed Plan in
the ordinary course of business. Debtor may also pay ordinary and
necessary expenses of administration of the Plan in due course.
A full-text copy of the Amended and Restated Plan dated April 9,
2025 is available at https://urlcurt.com/u?l=weaHms from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Leslie M. Pineyro, Esq.
Jones & Walden LLC
699 Piedmont Avenue, NE
Atlanta, GA 30308
Telephone: (404) 564-9300
Email: lpineyro@joneswalden.com
mgensburg@joneswalden.com
About BNB Battery LLC
BNB Battery LLC is an operator of a bar & restaurant serving in
Atlanta, Georgia.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 24-54144) on April 24,
2024. In the petition signed by Soel Tran, the Debtor disclosed up
to $1 million in assets and up to $10 million in liabilities.
Judge Sage M. Sigler oversees the case.
Mark D. Gensburg, Esq., at Jones & Walden, LLC, is the Debtor's
legal counsel.
CALVIN 1 LLC: Case Summary & Six Unsecured Creditors
----------------------------------------------------
Debtor: Calvin 1, LLC
4460 Cherry Hills Dr
West Bloomfield, MI 48323
Case No.: 25-44852
Business Description: Calvin1, LLC operates in the restaurant and
food services industry.
Chapter 11 Petition Date: May 12, 2025
Court: United States Bankruptcy Court
Eastern District of Michigan
Judge: Hon. Mark A Randon
Debtor's Counsel: Alexander J. Berry-Santoro, Esq.
MAXWELL DUNN PLC
2937 E. Grand Blvd.
Suite 308
Detroit, MI 48202
Tel: (248) 246-1166
E-mail: aberrysantoro@maxwelldunnlaw.com
Estimated Assets: $50,000 to $100,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Waleed Fadheel as authorized
representative of the Debtor.
A copy of the Debtor's list of six unsecured creditors is available
for free on PacerMonitor at:
https://www.pacermonitor.com/view/2EVZDNA/Calvin1_LLC__miebke-25-44852__0007.0.pdf?mcid=tGE4TAMA
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/BE4ATFY/Calvin1_LLC__miebke-25-44852__0001.0.pdf?mcid=tGE4TAMA
CARNIVAL CORP: S&P Rates New $1BB Senior Unsecured Notes 'BB+'
--------------------------------------------------------------
S&P Global Ratings assigned its 'BB+' issue-level rating and '3'
recovery rating to Carnival Corp.'s proposed $1 billion senior
unsecured notes due 2031. The '3' recovery rating indicates our
expectation for meaningful (50%-70%; rounded estimate: 65%)
recovery for noteholders in the event of a payment default.
Carnival intends to use the net proceeds from these notes to fully
redeem its remaining $993 million of outstanding 7.625% senior
unsecured notes due March 2026 and pay related transaction fees and
expenses. It will use cash on hand to pay any additional
transaction fees and expenses. The company previously used cash on
hand to redeem $350 million of these notes on May 1, 2025.
The transaction is largely debt for debt and does not affect S&P's
'BB+' issuer credit rating or stable outlook, although S&P
anticipates it will improve the company's maturity profile.
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- S&P assigned its 'BB+' issue-level rating and '3' recovery
rating to Carnival's proposed $1 billion senior unsecured notes due
2031. The '3' recovery rating indicates its expectation for
meaningful (50%-70%; rounded estimate: 65%) recovery for
noteholders.
-- S&P's 'BBB-' issue-level rating and '1' recovery rating on
Carnival's first-lien secured debt are unchanged. The '1' recovery
rating indicates its expectation for very high (90%-100%; rounded
estimate: 95%) recovery. S&P caps its issue-level ratings on the
debt of most companies it rates in the speculative-grade category
at 'BBB-' regardless of its recovery rating.
-- S&P's 'BB+' issue-level rating and '3' recovery rating on
Carnival's other unsecured debt with subsidiary guarantees are
unchanged. The '3' recovery rating indicates its expectation for
meaningful (50%-70%; rounded estimate: 65%) recovery.
-- S&P's 'BB+' issue-level rating and '4' recovery rating on
Carnival's unsecured debt without subsidiary guarantees are
unchanged. The '4' recovery rating indicates is expectation for
average (30%-50%; rounded estimate: 45%) recovery.
Simulated default assumptions
-- S&P's simulated default scenario considers a default occurring
in 2030 due to a significant decline in cash flow stemming from a
prolonged economic downturn, a significant health or safety event,
escalating geopolitical conflicts, or increased competitive
pressures that substantially reduce the demand for cruising.
-- S&P estimates a gross enterprise value (EV) at emergence of
about $24.7 billion by applying a 7x multiple to its estimate of
the company's EBITDA at emergence. This multiple is at the high end
of our range for leisure companies to reflect Carnival's good
position in the cruise industry, which is a small but
underpenetrated segment of the overall travel and vacation
industry.
-- S&P allocates its estimate of gross EV at emergence among the
secured and unsecured claims based on our understanding of the
contributions, by asset value, from parents Carnival Corp. and
Carnival PLC, Carnival Holdings (Bermuda) II Ltd. (the revolver
borrower), and the subsidiary guarantors.
-- S&P assumes that about 53% of our estimated gross EV at
emergence is available to cover the first-priority secured claims,
about 23% is at remaining unencumbered vessels and available to
cover the unsecured claims that benefit from subsidiary guarantees,
about 18% is at remaining unencumbered vessels and available to
cover the unsecured claims that benefit from parent guarantees, and
about 7% is available to cover revolver claims at Carnival Holdings
II.
-- S&P said, "Under our analysis, about $12.1 billion of the net
EV would be available to cover secured claims. After satisfying the
first-priority secured claims, the remaining value we estimate at
about $6.4 billion would be allocated among the claims that benefit
from subsidiary guarantees and those that benefit only from parent
guarantees. We understand substantial collateral sits at the
subsidiary guarantors."
-- S&P said, "We estimate that about $8.9 billion of the EV at
default will be directly available to the unsecured debt benefiting
from subsidiary guarantees. This includes $3.7 billion of residual
collateral value, after satisfying various secured claims, and an
additional $5.2 billion (our estimated value of the remaining
unencumbered vessels at subsidiaries after carving out the vessels
contributed to Carnival Holdings II). The $8.9 billion of total
value only partially covers our estimate of the unsecured debt with
subsidiary guarantees at default. We assume these deficiency claims
rank pari passu with the unsecured debt that only benefit from
parent guarantees."
-- S&P estimates about $6.8 billion of EV at default will be
available to the unsecured debt that has only parent guarantees.
This includes about $2.7 billion of residual collateral value,
after satisfying various secured claims, and an additional $4.1
billion that reflects the value of the remaining unencumbered
vessels held at the parent. The total value of $6.8 billion only
partially covers S&P's estimate of those unsecured claims and pari
passu deficiency claims at default.
-- A new approximate $3 billion revolving credit facility issued
by Carnival Holdings II replaced Carnival's prior $2.9 billion
revolving credit facility upon maturity in August 2024. S&P assumes
the facility is 85% drawn at default and its maturity is extended
to the year of default.
-- S&P said, "Under our analysis, the value we attribute to
Carnival Holdings II is not sufficient to cover our estimate of
revolving credit facility claims at default. We assume this
deficiency claim ranks pari passu with the company's unsecured debt
with subsidiary guarantees."
Simplified waterfall
-- Emergence EBITDA: $3.5 billion
-- EBITDA multiple: 7x
-- Gross EV: $24.7 billion
-- Net EV (after 7% administrative expenses): $23 billion
-- Value attributable to secured/unsecured claims/unsecured
revolver claims: $12.1 billion/$9.3 billion/$1.7 billion
-- Value available to first-lien secured claims: $12.1 billion
-- Estimated first-lien secured claims at default: $5.7 billion
--Recovery expectations: 90%-100% (rounded estimate: 95%)
-- Residual value available from collateral after satisfying
first-lien secured claims: $6.4 billion
-- Residual value available from collateral for unsecured claims
that benefit from subsidiary guarantees (export credit facilities,
the 2027, 2029, 2030, and 2033 notes, the 2027 convertible notes,
bilateral bank facilities, and the new revolver deficiency claims):
$3.7 billion
-- Residual value available from collateral for unsecured debt
that benefits from parent guarantees: $2.7 billion
-- Value available to unsecured claims that benefit from
subsidiary guarantees: $8.9 billion
-- Pro rata share of parent value: $6.4 billion
-- Total value available to unsecured claims that benefit from
subsidiary guarantees: $15.3 billion
-- Estimated unsecured claims that benefit from subsidiary
guarantees at default: $22.3 billion
--Recovery expectations: 50%-70% (rounded estimate: 65%)
-- Value available to unsecured debt with only parent guarantees:
About $400 million
-- Unsecured claims with only parent guarantees at default: $840
million
--Recovery expectations: 30%-50% (rounded estimate: 45%)
Note: All debt amounts include six months of prepetition interest.
CBPW CORPORATION: Voluntary Chapter 11 Case Summary
---------------------------------------------------
Debtor: CBPW Corporation
5237 Isleworth County Club Drive
Windermere, FL 34786
Business Description: CBPW Corporation leases real estate
properties to tenants.
Chapter 11 Petition Date: May 11, 2025
Court: United States Bankruptcy Court
Middle District of Florida
Case No.: 25-02808
Judge: Hon. Lori V Vaughan
Debtor's Counsel: Jonathan M. Sykes, Esq.
NARDELLA & NARDELLA, PLLC
135 W. Central Blvd
Suite 300
Orlando, FL 32801
Tel: 407-966-2680
E-mail: jsykes@nardellalaw.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
David Townsend, in his role as the authorized representative of the
Debtor, signed the petition.
The petition states there are no unsecured creditors.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/LHNTYDA/CBPW_Corporation__flmbke-25-02808__0001.0.pdf?mcid=tGE4TAMA
CELSIUS NETWORK: Cannot Transfer Fraud Liability, Says Chainalysis
------------------------------------------------------------------
Rick Archer of Law360 reports that Chainalysis Inc. is urging a New
York federal judge to dismiss a lawsuit filed by the now-defunct
cryptocurrency platform Celsius Network, arguing that Celsius is
attempting to shift responsibility for fraud committed by its own
executives and the company itself.
About Celsius Network
Celsius Network LLC -- http://www.celsius.network/-- is a
financial services company that generates revenue through
cryptocurrency trading, lending, and borrowing, as well as by
engaging in proprietary trading.
Celsius helps over a million customers worldwide to find the path
towards financial independence through a compounding yield service
and instant low-cost loans accessible via a web and mobile app.
Celsius has a blockchain-based fee-free platform where membership
provides access to curated financial services that are not
available through traditional financial institutions.
The Celsius Wallet claims to be one of the only online crypto
wallets designed to allow members to use coins as collateral to get
a loan in dollars, and in the future, to lend their crypto to earn
interest on deposited coins (when they're lent out).
Crypto lenders such as Celsius boomed during the COVID-19 pandemic,
drawing depositors with high interest rates and easy access to
loans rarely offered by traditional banks. But the lenders'
business model came under scrutiny after a sharp sell-off in the
crypto market spurred by the collapse of major tokens terraUSD and
luna in May 2022.
New Jersey-based Celsius froze withdrawals in June 2022, citing
"extreme" market conditions, cutting off access to savings for
individual investors and sending tremors through the crypto
market.
The list of major crypto firms that have filed for bankruptcy
protection in 2022 now includes Celsius Network, Three Arrows
Capital and Voyager Digital.
Celsius Network, LLC and its subsidiaries sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Lead Case
No. 22-10964) on July 14, 2022. In the petition filed by CEO Alex
Mashinsky, the Debtors estimated assets and liabilities between $1
billion and $10 billion.
The Debtors tapped Kirkland & Ellis, LLP and Kirkland & Ellis
International, LLP as bankruptcy counsels; Fischer (FBC & Co.) as
special counsel; Centerview Partners, LLC as investment banker; and
Alvarez & Marsal North America, LLC as financial advisor. Stretto
is the claims agent and administrative advisor.
On July 27, 2022, the U.S. Trustee appointed an official committee
of unsecured creditors. The committee tapped White & Case, LLP as
its bankruptcy counsel; Elementus Inc. as its blockchain forensics
advisor; M3 Advisory Partners, LP as its financial advisor; and
Perella Weinberg Partners, LP as its investment banker.
Shoba Pillay, Esq., is the examiner appointed in the Debtors'
Chapter 11 cases. Jenner & Block, LLP and Huron Consulting
Services, LLC, serve as the examiner's legal counsel and financial
advisor, respectively.
* * *
On November 9, 2023, the Bankruptcy Court entered the Findings of
Fact, Conclusions of Law, and Order Confirming the Modified Joint
Chapter 11 Plan of Celsius Network LLC and Its Debtor Affiliates.
The Effective Date of the Plan occurred January 31, 2024.
CHG US HOLDINGS: Case Summary & 20 Largest Unsecured Creditors
--------------------------------------------------------------
Lead Debtor: CHG US Holdings LLC
850 Commerce Street
Miami Beach FL 33139
Business Description: CHG US Holdings LLC, operating under the
Planta brand, runs a chain of upscale,
plant-based restaurants across major U.S.
cities including Atlanta, Los Angeles, New
York, and Chicago. Founded in 2016, the
Company focuses on offering sustainable,
100% plant-based dining experiences
featuring seasonal and locally sourced
dishes.
Chapter 11 Petition Date: May 12, 2025
Court: United States Bankruptcy Court
District of Delaware
Eighteen affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
CHG US Holdings LLC (Lead Case) 25-10851
PLANTA Bethesda LLC 25-10852
PLANTA Brooklyn LLC 25-10853
PLANTA SOHO LLC 25-10854
PLANTA Nomad LLC 25-10855
PLANTA DC LLC 25-10856
PLANTA P Street LLC 25-10857
PLANTA Krog LLC 25-10858
PLANTA Denver LLC 25-10859
PLANTA Weho LLC 25-10860
PLANTA West Palm Beach LLC 25-10861
PLANTA Miami Beach LLC 25-10862
PLANTA River North LLC 25-10863
PLANTA CocoWalk GP, LLC 25-10864
PLANTA FLL LLC 25-10865
PLANTA Buckhead LLC 25-10866
PLANTA Brentwood LLC 25-10867
PLANTA Marina LLC 25-10868
Judge: Hon. Mary F Walrath
Debtors'
Bankruptcy
Counsel: Joseph C. Barsalona II, Esq.
Michael J. Custer, Esq.
PASHMAN STEIN WALDER HAYDEN, P.C.
824 North Market Street, Suite 800
Wilmington DE 19801
Tel: 302-592-6496
Email: jbarsalona@pashmanstein.com
mcuster@pashmanstein.com
- and -
Katherine R. Beilin, Esq.
Court Plaza South, East Wing
21 Main Street, Suite 200
Hackensack, NJ 07601
Tel: (201) 488-8200
Email: kbeilin@pashmanstein.com
Lead Debtor's
Estimated Assets: $50,000 to $100,000
Lead Debtor's
Estimated Liabilities: $10 million to $50 million
The petitions were signed by Steven Salm as president and CEO.
A full-text copy of the Lead Debtor's petition is available for
free on PacerMonitor at:
https://www.pacermonitor.com/view/K3GPBNI/CHG_US_Holdings_LLC__debke-25-10851__0001.0.pdf?mcid=tGE4TAMA
Consolidated List of Debtors' 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. 8461 Melrose Avenue, LLC Rent $613,188
8461 Melrose Avenue
West Hollywood, CA 90069
2. Saul Ewing Arstein & Lehr LLP Legal Services $316,568
1001 Fleet Street, 9th Floor
Baltimore, MD 21202
Attn: Jason M. St. John
Emai: jason.stjohn@saul.com
3. 13 W 27 Leasehold LLC Rent $203,251
c/o Kaufman Organization, 450
7th Ave - PH,
New York, NY, 10123
Attn: Eddie Gonzales
Email: Egonzalez@kaufmanorganization.com
KMorrow@kaufmanorganization.com
4. Friedman Properties Rent $180,160
350 N Clark St.,
Suite 400,
Chicago, IL, 60654
Attn: Brian Chernett
Email: bchernett@friedmanproperties.com
5. Baldor Specialty Foods Food Vendor $176,324
155 Food Center Drive Bronx,
NY, 10474
Attn: Joseph Cervoni
Email: jcervoniweborders@baldorfood.com
help@baldorfood.zendesk.com
6. Vestis Uniforms, $137,562
PO Box 731676, Apparel,
Dallas TX 75373-1676 Restuarant
Attn: Tina Slemp Supplies
Callie Burns
Email: tina.slemp@vestis.com
callie.burns@vestis.com
7. Johnson-Lancaster and Smallwares $133,023
Associates, Inc.
13031 US Highway 19
North Clearwater, FL 33764
Attn: Liannet Pino
Email: LiannetP@Johnson-Lancaster.com
AlG@Johnson-Lancaster.com
KristenH@Johnson-Lancaster.com
8. JPPF Buckhead Village LP Rent $117,837
PO Box 22086
New York, NY 10087
Email: TheShopsBuckhead@JamestownLP.com
9. CityPlace Retail, LLC Rent $112,407
PO Box 865751
Orlando, FL 32886
Attn: Brian McEvoy
Email: Brian.McEvoy@related.com
10. New Hampshire Avenue Holdings Rent $86,288
LLC CBRE
1200 New Hampshire Ave. N.W,
Ste. 150,
Washington DC, MD, 20036
Attn: Ivory Moore
Email: Emmy.Nadiga@cbre.com
Breanne.Hoffmann@cbre.com
Ivory.Moore@jll.com
11. Cal Select Properties, Inc. Rent $71,639
1964 Westwood Blvd.,
Suite 240,
Los Angeles, CA 90025
Attn: Chad Eshaghoff, CPM, CCIM
Email: Claudiac@calselectproperties.com
chade@calselectproperties.com
12. The Chefs' Warehouse Food Vendor $70,740
P.O. Box 32187
New York, NY, 10087-2187
Attn: Natalie Clarke
Email: naclarke@chefswarehouse.com
JAviles@chefswarehouse.com
13. Elo Investments 2, LLC Rent $65,016
c/o SFLRE Group , LLC, 1650
SE 17th St. Suite 214 Fort
Lauderdale, FL, 33316
Attn: Steve Thompson
Email: st@sflregroup.com
14. D & A Studio Inc Millwork $63,450
3990 NW 132 Street,
Opa Locka, FL 33054
Email: anhinc5253@gmail.com
15. Imperial Bag & Paper Co LLC Paper Products $62,936
P.O Box 27305
New York NY, 10087-7305
Attn: Angela P Perez Gomez
Email: ryanes@imperialdade.com
anperez@imperialdade.com
16. Kellermeyer Bergensons Linen Rentals & $62,633
Services LLC Laundry
P.O. Box 7410386
Chicago IL, 60674-0386
Attn: Alejandro Almanza
Email: customerinvoiceinquiries@kbs-services.com
17. Stream Realty Rent $60,560
1115 Howell Mill Rd NW, Suite
300, Atlanta, GA, 3031
Attn: Toni Thompson
Email: Toni.thompson@streamrealty.com
18. Stenson Tamaddon, LLC Services $60,392
111 W. Monroe St, 17th Floor,
Phoenix AZ 85003
Attn: Jessica Smalley
Email: client.services@stentam.com
jessica.smalley@stentam.com
19. Greystar Rent $54,947
600 Las Colinas Blvd E,
Ste 2100,
Irving, TX, 75039
Attn: Nick Smocovich
Email: 360wythemgr@greystar.com
20. Pacific Marina Venture LLC Rent $50,344
13737 Fiji Way #C10,
Marina Del Rey, CA, 90292-6962
Attn: Pinky Paclibar
Email: ppaclibar@pom-mdr.com
CHG US HOLDINGS: Seeks Chapter 11 Bankruptcy in Delaware
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Global Data reports that Planta, a U.S.-based chain of plant-based
restaurants, has filed for Chapter 11 bankruptcy protection in
response to rising costs and a slowdown in consumer dining.
The filing, submitted on May 12, 2025, to the U.S. Bankruptcy Court
in Wilmington, Delaware, includes the company's parent firm, CHG US
Holdings, along with 17 affiliated entities.
Headquartered in Miami Beach, CHG US Holdings operates 18 Planta
locations in major cities such as New York, Chicago, and Los
Angeles. As reported by The Street, the company disclosed assets
between $50,000 and $100,000, and liabilities ranging from $10
million to $50 million, the report states.
In a statement cited by Reuters, Planta called the restructuring a
"strategic opportunity to streamline our cost structure and
strengthen our balance sheet."
Founded in 2016 by CEO Steven Salm, Planta has a presence in key
markets including Atlanta, Bethesda, Chicago, Los Angeles, New
York, South Florida, Toronto, and Washington, D.C.
About CHG US Holdings LLC
CHG US Holdings LLC, operating as PLANTA GROUP, operates a chain of
plant-based restaurants with 18 locations across major U.S. cities.
The company's restaurants are located in Miami Beach, Brooklyn,
SOHO, Nomad, Washington DC, Atlanta, Denver, Los Angeles, West Palm
Beach, Chicago, and other metropolitan areas. These restaurants
likely offer exclusively plant-based cuisine based on the PLANTA
brand name and food vendor creditors listed in the filing.
CHG US Holdings LLC and affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Del. Case No. 25-10851) on
May 12, 2025. In its petition, the Debtor reports assets between
$50,000 and $100,000, and liabilities ranging from $10 million to
$50 million.
Honorable Bankruptcy Judge Mary F. Walrath handles the case.
The Debtor is represented by Joseph C. Barsalona II, Esq. and
Michael J. Custer, Esq. at Pashman Stein Walder Hayden.
CINCINNATI BELL: Fitch Affirms 'B' LongTerm IDR, Outlook Stable
---------------------------------------------------------------
Fitch Ratings has affirmed the Long-Term Issuer Default Ratings
(IDRs) of Cincinnati Bell, Inc. (CBB) and its subsidiary,
Cincinnati Bell Telephone Company LLC (CBT) at 'B'. The Rating
Outlook is Stable. Additionally, Fitch has affirmed CBB's and CBT's
first-lien senior secured debt at 'B+' with a Recovery Rating of
'RR3'.
The ratings reflect Fitch's expectations that CBB will continue
substantial investments in its fiber network, which may weaken
credit metrics but remain within Fitch's EBITDA leverage
sensitivities of 4.5x to 5.5x. The ratings also consider the
company's limited geographic concentration and significant FCF
deficits. However, Fitch anticipates the FCF trajectory will
improve as CBB completes most of its fiber expansion in Hawaii by
2026.
Fitch has withdrawn the 'B+'/'RR3' ratings on privately held term
loans of $200 million and $500 million as the ratings are no longer
considered relevant to the agency's coverage.
Key Rating Drivers
Negative FCF from Fiber Spending: CBB has completed the
construction of fiber to single-family units within the greater
Cincinnati area and expects to finish Hawaii's statewide fiber
network by late 2026. Fitch believes that CBB's aggressive fiber
deployment plans for Hawaii and Dayton will lead to high capex from
2025 to 2027, including expansion in Southwest Ohio. However, CBB
has the flexibility to adjust the pace and scope of its build plan
to support cash flow needs.
Fitch expects CBB to generate free cash flow deficits averaging
over $250 million annually throughout Fitch's forecast horizon,
driven by accelerating capex and related spending to fund its fiber
rollout in the near term.
Limited Geographic Diversification: The company has a limited
geographic footprint, with the network segment focused on the city
of Cincinnati and surrounding areas, as well as the state of
Hawaii. Significant events affecting either of these geographies
could impact CBB's operating profile more than peers with a larger
footprint. Expansion opportunities include fiber deployment to
neighboring Hawaiian Islands, counties surrounding Cincinnati with
partially subsidized passing costs, and greenfield opportunities
such as Dayton, Dublin and Southwestern Ohio counties.
Moderate Execution Risk: CBB has a strong fiber deployment record
in Cincinnati with high subscriber adoption. However, its plans in
Hawaii and edge-out areas carry moderate execution risks. Moreover,
the success of the fiber buildout will need to offset declining
legacy revenues. This risk is partially mitigated by subsidized
projects in Southwest Ohio and Hawaii. CBB has faced challenges
with penetration and profitability in Hawaii, making investment
payback uncertain. Dayton is a greenfield build where CBB is
deploying fiber; however, CBB's ability to deleverage will depend
on its success in gaining market share and penetration in these
markets.
Moderate Leverage: Fitch expects EBITDA leverage to be near the
mid-4.0x range in 2025 but anticipates that leverage will increase
as the company requires additional debt financing for its fiber
expansion. Fitch forecasts an increase in the company's EBITDA in
2025, driven by plans to reduce expenses by over $50 million
through cost-cutting measures, as well as generating higher ARPU
through price increases. Despite the anticipated EBITDA growth,
Fitch expects the company's EBITDA leverage to reach 5.0x by 2027,
due to the additional debt needed to finance its fiber build-out.
FTTP Network Strength: CBB holds a first-mover advantage, having
begun fiber deployment in Cincinnati in 2008. By the end of 2024,
its network passed over 890K addresses with 366K subscribers
(80%-90% of serviceable addresses) in Cincinnati, achieving a
penetration rate of about 48%. Fitch expects this rate to continue
climbing modestly. In contrast, Hawaiian Telcom (HT) is at an
earlier build stage, with fiber reaching roughly 60% of sellable
addresses and a penetration rate of about 29%. There is a
significant opportunity to increase penetration in Hawaii,
potentially improving EBITDA margins, though execution risk remains
high.
Duopoly Competition: CBB primarily competes with Spectrum, a cable
operator with a 98% footprint overlap in Cincinnati and Hawaii,
facing limited competition from other providers. The challenging
economics for a third competitor restrict competition in these
markets. There is some, though not significant, Fixed Wireless
Access (FWA) competition in CBB's areas. CBB's fiber network is
competitive with Spectrum's, as shown by CBB's high penetration
rates in Cincinnati. Overall, the competitive broadband environment
is intensifying, with potential pressure from FWA providers on
market share and ARPU in the future.
Peer Analysis
CBB's ratings reflect the company's smaller scale, limited
geographic footprint, expected leverage of 4.5x-5.5x, and FCF
deficits over the rating horizon. The company's presence in
Cincinnati significantly overlaps with Charter Communications Inc.
Fitch rates Charter's indirect subsidiary, CCO Holdings, LLC
(BB+/Stable), which is much larger and more geographically
diversified than CBB. Fitch views CBB's fiber investments
positively, with successful execution being key to supporting its
longer-term credit profile.
CBB has a leverage profile similar to Frontier Communications
Parent, Inc. (B+/Rating Watch Positive) but is smaller and less
geographically diversified. Frontier Communications was placed on
Positive Watch following the announcement of its acquisition by
Verizon. Uniti Group Inc. (B+/Rating Watch Negative) operates
differently from other peers, as it was spun off from Windstream
Holdings as a REIT owning and operating fiber and copper assets.
The company recently announced a merger with Windstream, prompting
us to place it on Negative Watch.
Key Assumptions
- Organic revenue growth in low to mid-single digits supported by
fiber penetration combined with moderate ARPU increase, leading to
strong growth in consumer/SMB fiber data revenue which offsets
declining legacy revenue;
- EBITDA margins increased in 2025 and are expected to continue
improving as the company implements cost reduction strategies,
benefits from higher ARPU through price increases, and achieves
higher penetration rates;
- No M&A/divestitures or dividends over the forecast period;
- Capex of $600 million-$650 million in 2025 and 2026; reducing
from 2027 onwards;
- Maintenance of cash balance of $4 million to $10 million over the
forecast period;
- Issuance of additional debt to fund its fiber build-out resulting
in EBITDA leverage in low 5.0x.
Recovery Analysis
For entities rated 'B+' and below, where default is closer and
recovery prospects are more substantial to investors, Fitch
undertakes a tailored, or bespoke, analysis of recovery upon
default for each issuance. The resulting debt instrument rating
includes a Recovery Rating or published 'RR' (graded from 'RR1' to
'RR6') and is notched from the IDR accordingly. In this analysis,
there are three steps: (i) estimating the distressed enterprise
value (EV); (ii) estimating creditor claims; and (iii) distribution
of value.
Key Recovery Rating Assumptions: Fitch assumes that CBB would be
reorganized as a going concern in bankruptcy rather than
liquidated. Fitch has assumed a 10% administrative claim.
Going-Concern (GC) Approach: CBB's GC EBITDA estimate reflects
Fitch's view of a sustainable, post-reorganization EBITDA level
upon which Fitch bases the enterprise valuation. In estimating a
distressed enterprise valuation (EV) for Cincinnati Bell, Fitch
assumes that macroeconomic challenges and competitive pressures
result in lower revenue and EBITDA by about 26% lower than Fitch's
expected 2025 EBITDA. This results in a GC EBITDA of $292 million,
reflecting Fitch's view of a sustainable, post-reorganization
EBITDA level upon which Fitch bases the EV.
An EV multiple of 5.5x EBITDA is applied to the GC EBITDA to
calculate a post-reorganization EV. The choice of this multiple
considered the following factors: (i) the historical bankruptcy
case study exit multiples in TMT sector have ranged from 4.0x-7.0x,
with a median of 5.9x; (ii) the recovery analysis assumes that the
company's revolving credit facility is fully drawn to provide
liquidity in a distress situation; and (iii) the waterfall results
in a recovery rating of 'RR3' for senior secured credit
facilities.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Larger-than-expected FCF deficits; combined with reduced access
to capital to fund the company's growth;
- EBITDA leverage exceeding 5.5x on a sustained basis;
- Deterioration in operating profile and market position due to
competitive forces;
- EBITDA interest coverage sustained below 2.5x.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Consistent gains in revenue and EBITDA that provide a visible
path time towards positive FCF;
- EBITDA leverage sustained below 4.5x;
- Successful fiber deployment execution, including meaningfully
higher penetration on the Hawaiian Telcom network.
Liquidity and Debt Structure
CBB's liquidity included cash and cash equivalents of $460.7
million, $400 million available on the revolving credit facility as
of Dec. 31, 2024, and $30 million available under the Network
Receivables Facility. The company's liquidity is constrained by
free cash flow deficits due to high capital expenditures. CBB has
scheduled debt amortization and maturities totaling approximately
$35.7 million in 2025. Fitch expects CBB to issue incremental debt
to bolster its liquidity throughout the forecast period, assuming
accommodative capital markets.
Issuer Profile
Cincinnati Bell Inc. (CBB or dba Altafiber) provides broadband,
video and voice services in Greater Cincinnati area and in Hawaii
through its Network segment to consumers and businesses over an
expanding fiber network and a legacy copper network.
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
----------- ------ -------- -----
Cincinnati Bell
Telephone Company LLC LT IDR B Affirmed B
senior secured LT B+ Affirmed RR3 B+
Cincinnati Bell, Inc. LT IDR B Affirmed B
senior secured LT B+ Affirmed RR3 B+
senior secured LT WD Withdrawn B+
CLJ HOME: Seeks Approval to Tap The Lane Law Firm as Legal Counsel
------------------------------------------------------------------
CLJ Home Healthcare, LLC seeks approval from the U.S. Bankruptcy
Court for the Western District of Texas to employ The Lane Law Firm
PLLC as counsel.
The firm will render these services:
(a) assist, advise and represent the Debtor relative to the
administration of the Chapter 11 case;
(b) assist, advise and represent the Debtor in analyzing its
assets and liabilities, investigating the extent and validity of
lien and claims, and participating in and reviewing any proposed
asset sales or dispositions;
(c) attend meetings and negotiate with the representatives of
the secured creditors;
(d) assist the Debtor in the preparation, analysis and
negotiation of any plan of reorganization and disclosure statement
accompanying any plan of reorganization;
(e) take all necessary action to protect and preserve the
interests of the Debtor;
(f) appear, as appropriate, before this Court, the Appellate
Courts, and other Courts in which matters may be heard and to
protect the interests of the Debtor before said courts and the
United States Trustee; and
(g) perform all other necessary legal services in this case.
The firm's professionals will be paid at these hourly rates:
Robert Lane, Partner $595
Joshua Gordon, Partner $550
Zach Casas, Partner $500
Kyle Garza, Partner $450
Grant Bullwinkel, Partner $450
Paralegals $250
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received retainer payments in the amount of $35,000 from
the Debtor.
Mr. Lane disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Robert C. Lane, Esq.
The Lane Law Firm, PLLC
6200 Savoy, Suite 1150
Houston, TX 77036
Telephone: (713) 595-8200
Facsimile: (713) 595-8201
Email: notifications@lanelaw.com
About CLJ Home Healthcare
CLJ Home Healthcare LLC, also operating as Affinity Pediatric Home
Healthcare, is a San Antonio-based provider of home health nursing
services specializing in pediatric care.
CLJ Home Healthcare LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-50983) on May 5,
2025. In its petition, the Debtor reports estimated assets between
$100,000 and $500,000 and estimated liabilities between $500,000
and $1 million.
Honorable Bankruptcy Judge Michael M. Parker handles the case.
The Debtor is represented by Robert Chamless Lane, Esq. at The Lane
Law Firm PLLC.
CM CUSTOM: Seeks to Hire AR Law Partners as Bankruptcy Counsel
--------------------------------------------------------------
CM Custom Siding, LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of Arkansas to employ AR Law Partners PLLC
as bankruptcy counsel.
The firm will render these services:
(a) give the Debtor legal advice with respect to its powers
and duties of its organization and management of the property; and
(b) prepare on behalf of the Debtor a Petition, Schedules,
Statement of Financial Affairs, any necessary deficient schedules
and other documents, applications, answers, orders, reports,
complaints, motions, etc. file such required documents, and to
appear before this Court and any other court in reference thereto;
and
(c) perform all other legal services for the Debtor that may
be necessary to effectuate a reorganization of its financial
affairs.
Vanessa Cash Adams, Esq., an attorney at AR Law Partners, disclosed
in a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Vanessa Cash Adams, Esq.
AR Law Partners, PLLC
415 N. McKinley Street, Suite 830
Little Rock, AR 72205
Telephone: (501) 710-6500
Facsimile: (501) 710-6336
Email: vanessa@arlawpartners.com
About CM Custom Siding
CM Custom Siding LLC is a construction company based in Traskwood,
Arkansas.
CM Custom Siding LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Ark. Case No. 25-11515) on May 2,
2025. In its petition, the Debtor reports estimated assets up to
$50,000 and estimated liabilities between $100,000 and $500,000.
Honorable Bankruptcy Judge Bianca M. Rucker handles the case.
The Debtor is represented by Vanessa Cash Adams, Esq. at AR Law
Partners, PLLC.
COSTELLO SR.-ALLEN: Taps Gregory F. Wilt as Tax/Payroll Accountant
------------------------------------------------------------------
Costello Sr.-Allen Optometrists PLLC seeks approval from the U.S.
Bankruptcy Court for the Northern District of New York to employ
the office of Gregory F Wilt CPA PC as tax/payroll accountants.
The firm will render these services:
(a) provide the Debtor with necessary and valuable accounting
services consistent with the services provided to it pre-petition;
(b) prepare weekly payroll, annual tax returns, and monthly
operating reports; and
(c) prepare financial projections in anticipation of its plan
of reorganization.
Gregory Wilt, CPA, a member of the firm, will be billed at his
hourly rate of $200.
Mr. Wilt disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Gregory F. Wilt, CPA
Gregory F. Wilt CPA P.C.
320 Fayette St.
Manlius, NY 13104
Telephone: (315) 692-2300
About Costello Sr.-Allen Optometrists
Costello Sr.-Allen Optometrists PLLC, dba Allen Eye Associates is
an optometry practice based in Oneida, New York. The clinic
provides comprehensive eye care services including routine eye
exams, contact lens fittings, dry eye therapy, and disease
management.
Costello Sr.-Allen Optometrists PLLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. N.D.N.Y. Case No. 25-60379) on
May 1, 2025. In its petition, the Debtor reports total assets of
$583,120 and total liabilities of $2,622,871.
The Debtor tapped Peter A. Orville, Esq., at Orville & McDonald
Law, P.C. and Gregory F Wilt CPA PC as tax/payroll accountants.
DANPOWER64 LLC: Seeks to Hire Nicholson Devine as Legal Counsel
---------------------------------------------------------------
DanPower64, LLC seeks approval from the U.S. Bankruptcy Court for
the District of Massachusetts to employ Nicholson Devine, LLC as
counsel.
The firm will provide these services:
(a) advise the Debtor with respect to its rights, powers and
duties in the continued operation and management of its business;
(b) advise the Debtor with respect to any plan of
reorganization and any other matters relevant to the formulation
and negotiation of a plan or plans of reorganization in this case;
(c) represent the Debtor at all hearings and matters
pertaining to its affairs;
(d) prepare, on the Debtor's behalf, all necessary and
appropriate applications, motions, answers, orders, reports, and
other pleadings and other documents, and review all financial and
other reports filed in this Chapter 11 case;
(e) advise the Debtor with respect to, and assist in the
negotiation and documentation of, financing agreements, debt and
cash collateral orders and related transactions;
(f) review and analyze the nature and validity of any liens
asserted against the Debtor's property and advise concerning the
enforceability of such liens;
(g) advise the Debtor regarding its ability to initiate
actions to collect and recover property for the benefit of its
estate;
(h) advise and assist the Debtor in connection with the
potential sale of its assets;
(i) advise the Debtor concerning executory contract and
unexpired lease assumptions, lease assignments, rejections,
restructurings and recharacterization of contracts and leases;
(j) review and analyze the claims of the Debtor's creditors,
the treatment of such claims and the preparation, filing or
prosecution of any objections to claims;
(k) commence and conduct any and all litigation necessary or
appropriate to assert rights held by the Debtor, protect assets of
its Chapter 11 estate or otherwise further the goal of completing
the its successful reorganization other than with respect to
matters to which the Debtor retains special counsel; and
(l) perform all other legal services and provide all other
necessary legal advice to the Debtor which may be necessary in its
bankruptcy proceeding.
The firm will be paid at these hourly rates:
Kate Nicholson, Partner $400
Christine Devine, Partner $400
Associate $250 - $325
Paralegals $125 - $150
In addition, the firm will seek reimbursement for expenses
incurred.
Ms. Nicholson disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Kate E. Nicholson, Esq.
Nicholson Devine LLC
21 Bishop Allen Dr.
Cambridge, MA 02139
Telephone: (857) 600-0508
Email: kate@nicholsondevine.com
About DanPower64 LLC
DanPower64 LLC is classified as a single-asset real estate debtor
under 11 U.S.C. Section 101(51B), with its primary property
situated at 197 Harve Street, Boston, MA 02128.
DanPower64 LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-10790) on April 21,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
The Debtor is represented by Kate E. Nicholson, Esq. at Nicholson
Devine LLC.
DELSHAH 60: Seeks Chapter 11 Bankruptcy in New York
---------------------------------------------------
On May 8, 2025, Delshah 60 Ninth LLC filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Southern District of New York.
According to court filing, the Debtor reports $28,631,567
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
About Delshah 60 Ninth LLC
Delshah 60 Ninth LLC owns a single-story commercial building
located at 69 Gansevoort Street in New York, New York. The property
encompasses 3,007 square feet. Delshah 60 Ninth owns a two-story
mixed-use building at 58-60 Ninth Avenue in New York City that
includes both commercial and residential space.
Delshah 60 Ninth LLC and affiliate sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Lead Case No.
25-10950) on May 8, 2025. In its petition, the Debtor
reports total assets of $27,708,058 and total liabilities of
$28,631,567.
Honorable Bankruptcy Judge Philip Bentley handles the case.
The Debtors are represented by Mark Frankel, Esq. at BACKENROTH
FRANKEL & KRINSKY, LLP.
DENISON LANDSCAPING: Case Summary & Seven Unsecured Creditors
-------------------------------------------------------------
Debtor: Denison Landscaping & Nursery, Inc.
8911 Oxon Hill Road
Fort Washington, MD 20744
Business Description: Denison Landscaping & Nursery, Inc. is a
family-owned landscaping company that offers
residential and commercial landscape design,
installation, and maintenance services.
Based in Fort Washington, Maryland, the
Company operates across the Mid-Atlantic
region, including Maryland, Virginia,
Washington D.C., Delaware, and Pennsylvania.
Established in 1973, it also provides
hardscaping, irrigation, outdoor lighting,
and seasonal services.
Chapter 11 Petition Date: May 9, 2025
Court: United States Bankruptcy Court
District of Maryland
Case No.: 25-14193
Debtor's Counsel: Paul Sweeney, Esq.
YVS LAW, LLC
185 Admiral Cochrane Drive, Suite 130
Annapolis, MD 21401
Tel: (443) 569-5972
Fax: (410) 571-2798
E-mail: psweeney@yvslaw.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Robert E. Horsey, co-managing member.
A full-text copy of the petition, which includes a list of the
Debtor's seven unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/ZQPRIHQ/Denison_Landscaping__Nursery__mdbke-25-14193__0001.0.pdf?mcid=tGE4TAMA
EAGLE THEATER: Case Summary & Three Unsecured Creditors
-------------------------------------------------------
Debtor: Eagle Theater Management, LLC
1206 N. Cross Street
Robinson, IL 62454
Business Description: Eagle Theater Operating, LLC operates a
movie theater in Robinson, Illinois,
providing film screenings to local
audiences.
Chapter 11 Petition Date: May 11, 2025
Court: United States Bankruptcy Court
Southern District of Illinois
Case No.: 25-60077
Judge: Hon. Mary E Lopinot
Debtor's Counsel: Steven M. Wallace, Esq.
GOLDBERG HELLER & ANTOGNOLI, P.C.
2227 South State Route 157
Edwardsville, IL 62025
Tel: 618-656-5150
E-mail: Steven@ghalaw.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Kurt Eric Gubelman as manager and
member.
A full-text copy of the petition, which includes a list of the
Debtor's three unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/5GUJLFQ/Eagle_Theater_Management_LLC__ilsbke-25-60077__0001.0.pdf?mcid=tGE4TAMA
EAGLE THEATER: Case Summary & Two Unsecured Creditors
-----------------------------------------------------
Debtor: Eagle Theater Operating, LLC
1206 North Cross Street
Robinson, IL 62454
Business Description: Eagle Theater Operating, LLC operates a
movie theater in Robinson, Illinois. The
Company provides cinema services, including
movie screenings and concessions.
Chapter 11 Petition Date: May 11, 2025
Court: United States Bankruptcy Court
Southern District of Illinois
Case No.: 25-60076
Judge: Hon. Mary E. Lopinot
Debtor's Counsel: Steven M. Wallace, Esq.
GOLDENBERG HELLER & ANTOGNOLI, P.C.
2227 South State Route 157
Edwardsville, IL 62025
Tel: 618-656-5150
E-mail: Steven@ghalaw.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Kurt Eric Gubelman as manager and
member.
A full-text copy of the petition, which includes a list of the
Debtor's two unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/4J6LRFA/Eagle_Theater_Operating_LLC__ilsbke-25-60076__0001.0.pdf?mcid=tGE4TAMA
ELITE SURGERY: Gets OK to Use Cash Collateral
---------------------------------------------
The U.S. Bankruptcy Court for the Central District of California,
Los Angeles Division, granted Elite Surgery Center, LLC's motion to
use cash collateral.
The order penned by Judge Vincent Zurzolo authorized the company to
pay its operating expenses from the cash collateral, which consists
of cash and cash equivalents.
Elite Surgery Center was also authorized to pay $1,000 in
accordance with its stipulation with the Subchapter V trustee,
which was previously approved by the court.
As part of granting the motion, the bankruptcy court approved a
stipulation between Elite Surgery Center and its creditor, Mission
Bank.
The stipulation allows the company to use the bank's cash
collateral to pay its expenses and fund the payments of its loans.
As protection, Mission Bank is entitled to a replacement lien on
all of the company's post-petition cash and accounts receivable.
Prior to its bankruptcy filing, Elite Surgery Center borrowed
$600,000 from Mission Bank. To secure repayment of the loans, the
company granted the bank a security interest in its inventory,
accounts and equipment. The bank's security interest in the
company's accounts constitutes cash collateral.
About Elite Surgery Center
Elite Surgery Center, LLC, doing business as Elite Robotic Surgery
and Elite Robotic Surgery Center, is an ambulatory surgery center
specializing in outpatient surgical procedures that do not require
overnight hospitalization. The center offers advanced, minimally
invasive surgeries, often utilizing robotic technology to enhance
precision and recovery times.
Elite Surgery Center sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-12149) on March 17,
2025, listing $716,715 in assets and $2,833,257 in liabilities.
David Groves, chief financial officer of Elite Surgery Center,
signed the petition.
Judge Vincent P. Zurzolo oversees the case.
Alan W. Forsley, Esq. at FLP Law Group, LLP represents the Debtor
as bankruptcy counsel.
ELMWOOD VENTURES: Seeks Subchapter V Bankruptcy in New York
-----------------------------------------------------------
On May 6, 2025, Elmwood Ventures LLC filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Southern District of New York.
According to court filing, the Debtor reports between $1 million
and $10 million in debt owed to 100 and 199 creditors. The
petition states funds will not be available to unsecured
creditors.
About Elmwood Ventures LLC
Elmwood Ventures LLC, doing business as Buddha-Bar New York,
operates a modern Asian fusion restaurant located at 62 Thomas
Street in the Tribeca neighborhood of Manhattan. The venue features
a two-story dining space with a prominent 16-foot Buddha sculpture
and offers dinner service from Wednesday to Sunday.
Elmwood Ventures LLC sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-10932) on
May 6, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Martin Glenn handles the case.
The Debtors are represented by Lawrence Morrison, Esq. at MORRISON
TENENBAUM PLLC.
ESCO OIL: Seeks Chapter 11 Bankruptcy in Texas
----------------------------------------------
On May 6, 2025, ESCO Oil Operating Company LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of Texas. 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 ESCO Oil Operating Company LLC
ESCO Oil Operating Company LLC is a Texas-based oil and gas
operator engaged in managing producing wells primarily in Maverick
County. The Company is headquartered in Houston and holds mineral
interests across multiple counties in the state.
ESCO Oil Operating Company LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-32573) on
May 6, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Eduardo V. Rodriguez handles the
case.
The Debtors are represented by Leonard Simon, Esq. at PENDERGRAFT &
SIMON LLP.
ESSEX TECHNOLOGY: Court OKs Deal to Access Cash Collateral
----------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Tennessee
approved a stipulation entered into by Essex Technology Group, LLC,
the official committee of unsecured creditors and the company's
secured creditors, ACON Equity Partners IV, LP and ACON BH
Investors I, LLC.
The stipulation authorized Essex to use cash collateral pursuant to
the final cash
collateral order and the revised budget approved by the court.
The stipulation extended to May 19 the period for the committee to
file a court proceeding raising an objection or challenge
including, without limitation, any claim against the ACON creditors
related to their liens on and security interests in the
pre-bankruptcy collateral.
If the parties enter into a term sheet setting forth the terms for
Essex's exit from Chapter 11, with such exit strategy being subject
to the approval of the court, the new deadline will be
automatically extended to the earlier of (i) the date Essex's
bankruptcy case is dismissed consistent with the agreed-upon exit
strategy or (ii) seven days after the court denies approval of any
motion seeking approval or implementation of the exit strategy.
About Essex Technology Group
Essex Technology Group, LLC is a retail chain operating 91 stores
across 10 states. The company is based in Antioch, Tenn., and
operates under the name Bargain Hunt.
Essex Technology Group filed Chapter 11 petition (Bankr. M.D. Tenn.
Case No. 25-00452) on February 3, 2025, listing between $10 million
and $50 million in assets and between $50 million and $100 million
in liabilities. Rob Hubbard, chief restructuring officer of Essex,
signed the petition.
Judge Nancy B. King oversees the case.
David W. Houston, IV, Esq., at Burr & Forman LLP, represents the
Debtor as legal counsel.
EVERYTHING CREATIVE: Case Summary & 20 Largest Unsecured Creditors
------------------------------------------------------------------
Debtor: Everything Creative, Inc.
9040 Activity Road, Ste. A
San Diego, CA 92126
Business Description: Everything Creative, Inc. operates under the
brand Everything Creative Designs, a luxury
home staging and design firm based in
Southern California. Founded in 2006, the
Company specializes in residential staging,
interior design, Airbnb design and
furnishing, and luxury furniture rental.
ECD has served the real estate community for
over 17 years, helping clients sell over
$1.3 billion in luxury real estate. The
firm operates in San Diego, Los Angeles, and
Orange County in California, as well as Park
City, Utah, and offers services ranging from
home staging consultations to complete home
transformations in a matter of weeks.
Chapter 11 Petition Date: May 12, 2025
Court: United States Bankruptcy Court
Southern District of California
Case No.: 25-01937
Debtor's Counsel: Gustavo E. Bravo, Esq.
BRAVO LAW APC
3990 Old Town Avenue
Suite A103
San Diego, CA 92110
Tel: (619) 600-1394
Email: gbravo@bravolawapc.com
Total Assets: $611,731
Total Liabilities: $1,920,514
As the chief executive officer, Carol Kaplan signed the petition.
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/DEHIT4I/Everything_Creative_Inc__casbke-25-01937__0001.0.pdf?mcid=tGE4TAMA
EXELA: Represented by Latham & Watkins in Plan Support Agreement
----------------------------------------------------------------
Exela Technologies BPA, LLC, its subsidiaries and certain of its
affiliates, a global business process automation (BPA) leader, has
announced that it has reached a comprehensive settlement with over
80% of the company's April 2026 noteholders to support a consensual
Chapter 11 plan of reorganization on terms contained in the Amended
Plan Support Agreement that was filed with the Court. As part of
the reorganization, the company will reduce its debt by more than
US$1.1 billion, with the April 2026 noteholders converting their
interests into equity, significantly improving the overall strength
of the company's balance sheet. The terms of the PSA are also
supported by the official committee representing the company's
unsecured creditors in the company's Chapter 11. With this crucial
support in hand, the company recently filed a proposed Chapter 11
plan of reorganization and corresponding disclosure statement. On
May 8, the Bankruptcy Court conditionally approved the disclosure
statement and the company’s procedures for soliciting votes on
the Plan. The company is commencing such solicitation and has
scheduled a hearing to consider confirmation of the Plan for June
18, 2025. The company is optimistic that it will confirm the Plan
and emerge from Chapter 11 around the end of the second quarter of
2025. Additionally, the company has successfully obtained final
approval of its proposed debtor-in-possession financing, which,
together with the interim funding it received at the outset of the
cases, provides the company US$80 million in total new money loans
to fund its emergence from Chapter 11 on an expedited basis. The
PSA contains exit financing commitments that will solidify the
company's balance sheet and provide sufficient post-Chapter 11
liquidity after emergence.
Latham & Watkins LLP represents Exela in the process with a
restructuring & special situations team led by New York partners
Ray Schrock, Alexander Welch, and Hugh Murtagh, and counsel Adam
Ravin, with associates Jon Weichselbaum, Thomas Fafara, Ata
Nalbantoglu, Kevin Shang, Brian Herskowitz, Beau Parker, Richard
Cantoral, and Saadia Naeem. Advice was also provided on litigation
matters by New York partner Eric Leon and Boston partner Betsy
Marks, with associate Kamali Houston; on finance matters by New
York partner Marcela Ruenes, with associate Youn Song and
assistance from Ed Prevost; on capital markets matters by New York
partner Benjamin Stern; on M&A matters by Chicago partner Zachary
Judd and counsel Ben Kaplan, with assistance from Maghan McDuff;
and on tax matters by Chicago partner Joseph Kronsnoble, with
associates Lukas Kutilek and Jay Khurana.
About Exela Technologies
Headquartered in Irving, Texas, Exela Technologies, Inc. --
http://www.exelatech.com/-- is a business process automation (BPA)
company, leveraging a global footprint and proprietary technology
to provide digital transformation solutions enhancing quality,
productivity, and end-user experience.
Exela Technologies Inc. and several other units sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No.
25-90024) on March 3, 2025. In its petition, the Debtor reports
estimated assets between $500 million and $1 billion and
liabilities between $1 billion and $10 billion.
Honorable Bankruptcy Judge Christopher M. Lopez handles the case.
The Debtor is represented by Timothy Alvin Davidson, II, Esq. at
Andrews Kurth LLP.
F21 OPCO: Says No Buyer Found, Liquidation Likely
-------------------------------------------------
Rick Archer of Law360 reports that on May 12, 2025, a Delaware
bankruptcy judge allowed Forever 21 to proceed with soliciting
creditor votes on its Chapter 11 plan, following the retailer's
announcement that it failed to find a going-concern buyer and is
expected to liquidate its remaining assets.
About F21 OpCo
F21 OpCo, LLC is the operator of Forever 21 stores and licensee of
the Forever 21 brand in the United States.
F21 OpCo sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D. Del. Case No. 25-10469) on March 16, 2025. In its
petition, the Debtor reports estimated assets between $100 million
and $500 million and estimated liabilities between $1 billion and
$10 billion.
The Debtor's proposed advisors include Paul, Weiss, Rifkind,
Wharton & Garrison LLP and Young Conaway Stargatt & Taylor, LLP as
legal counsel, BRG as financial advisor, RCS Real Estate Advisors
as real estate advisor, SSG Capital Advisors, LLC as investment
banker, and Reevemark as communications advisor.
About Forever 21 Inc.
Founded in 1984 by South Korean husband and wife team Do Won Chang
and Jin Sook Chang and headquartered in Los Angeles, Calif.,
Forever 21, Inc. -- http://www.forever21.com/-- is a fast fashion
retailer of women's, men's and kids clothing and accessories and is
known for offering the hottest, most current fashion trends at a
great value to consumers. Forever 21 delivers a curated assortment
of new merchandise brought in daily.
Forever 21, Inc. and seven of its U.S. subsidiaries each filed a
voluntary petition for relief under Chapter 11 of the United States
Bankruptcy Code (Bankr. D. Del. Lead Case No. 19-12122) on Sept.
29, 2019. According to the petition, Forever 21 has estimated
liabilities on a consolidated basis of between $1 billion and $10
billion against assets of the same range.
As of the bankruptcy filing, the Debtors operated 534 stores under
the Forever 21 brand in the U.S. and 15 stores under beauty and
wellness brand, Riley Rose.
The Debtors tapped Kirkland & Ellis LLP as legal advisor; Alvarez &
Marsal as restructuring advisor; and Lazard as investment banker;
and Pachulski Stang Ziehl & Jones LLP as local bankruptcy counsel.
Prime Clerk is the claims agent.
Andrew Vara, acting U.S. trustee for Region 3, appointed a
committee of unsecured creditors on Oct. 11, 2019. The committee is
represented by Kramer Levin Naftalis & Frankel LLP and Saul Ewing
Arnstein & Lehr LLP.
Counsel to the administrative agent under the Debtors' prepetition
revolving credit facility and the Debtors' DIP ABL financing
facility are Morgan, Lewis & Bockius LLP and Richards, Layton &
Finger, PA.
Counsel to the administrative agent under the Debtors' DIP term
loan facility is Schulte Roth & Zabel LLP.
* * *
In February 2020, the Debtor was purchased by a consortium that
includes Authentic Brands Group, Simon Property Group and
Brookfield Property Partners for $81.1 million. As part of the
deal, ABG and Simon will each own 37.5% of the fast-fashion
retailer, while Brookfield controls the remaining 25% of Forever
21's operating and intellectual property businesses.
FLAGSHIP RESORT: Case Summary & 20 Largest Unsecured Creditors
--------------------------------------------------------------
Debtor: Flagship Resort Development Corporation
DBA Club Boardwalk Resort
60 N Maine Avenue
Atlantic City, NJ 08401
Business Description: Flagship Resort Development Corp., a
privately held hospitality and resort
development company based in New Jersey,
specializes in timeshare vacation ownership
in the Atlantic City region. It operates
774 living units across three properties --
Flagship All-Suites Resort, Atlantic Palace,
and La Sammana Resort -- offering a mix of
deeded timeshare interests, club
memberships, and exchange-based travel
benefits. The company is a wholly owned
subsidiary of FantaSea Resorts Group, Inc.
Chapter 11 Petition Date: May 10, 2025
Court: United States Bankruptcy Court
District of New Jersey
Case No.: 25-15047
Judge: Hon. Jerrold N Poslusny Jr
Debtor's Counsel: Warren J. Martin Jr., Esq.
PORZIO, BROMBERG & NEWMAN, P.C.
100 Southgate Parkway
Morristown, NJ 07962
Tel: 973-538-4006
Fax: 973-538-5146
Email: wjmartin@pbnlaw.com
Debtor's
Notice,
Claims,
Solicitation,
Balloting &
Administrative
Agent: KROLL RESTRUCTURING ADMINISTRATION LLC
Estimated Assets: $50 million to $100 million
Estimated Liabilities: $50 million to $100 million
Cherie Parks, in his role as chief financial officer, affixed her
signature to the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/T4NDZXQ/Flagship_Resort_Development_Corporation__njbke-25-15047__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Aegis Trust Company LLC Trustee of ESOP $3,000
7200 Highway 278 Trust
NE, Ste 205
Covington, Ga 30014
Attn: Robert Lesser/Ginny Machamer
Email: relesser@aegistrust.com;
gmachamer@aegistrust.com
2. Alicea Castellanos, Et Al. Litigation Unliquidated
c/o Andrew M. Milz Flitter Milz, PC
1814 East Rt 70,
Suite 350
Cherry Hill, NJ 08003
Attn: Andrew M. Milz, Esq. And
Joe Solseng, Esq.
Email: amilz@consumerslaw.com;
solseng@sgb-law.com
3. Concord Servicing LLC Vendor $63,607
Po Box 78843
Phoenix, AZ
85062-8843
Attn: Marc Nunes
Email: mnues@concordservicing.com
Phone: 480-636-3377
4. Cooper Levenson Legal Fees $235,468
1125 Atlantic Avenue
Atlantic City, NJ 08401
Attn. Natalie Flynn
Email: nflynn@cooperlevenson.com
Phone: 609-572-7322
5. Erwin J Lyons & Office Supplies $2,398
Associates LLC
125 Garnett Lane
Egg Harbor
Township, NJ 08234
Attn: Erv
Email: printerv@hotmail.com
Phone: 215-990-536
6. Experian Credit Bureau $5,628
P.O. Box 841971
Los Angeles, CA
90084-1971
Attn: Josh Cosela
Email: invoices@experian.com
Phone: 800-695-4698
7. Fedway Food and $4,103
Po Box 651 Beverage
Basking Ridge, NJ 07920
Attn: Michelle Volgeman
Email: invoices@fedway.com
Phone: 609-442-2208
8. Flagship Condominium Promissory $2,581,000
Owners Association Note
c/o Hueston Mcnulty, P.C.
256 Columbia
Turnpike, St. 207
Florham Park, NJ 07932
Attn: Sam Mcnulty/Bob Hueston
Email: smcnulty@huestonmcnulty.com/
rhueston@Huestonmcnulty.com
9. Global Prospects Inc Marketing Vendor $3,000
22107 Elmira Blvd.,
Unit B
Port Charlotte, FL 33952
Attn: Marty Apell
Email: mapell777@yahoo.com
Phone: 201-390-0021
10. Iron Mountain Records Mgnt Paper $4,240
Po Box 27128 Shredding
New York, NY Services
10087-7128
Attn: Tom Richards
Email: askcustomerservice@ironmountain.com
Phone: 800-899-4766
11. Lasammana Condominium Promissory $1,468,000
Owners Association Note
c/o Hueston Mcnulty, P.C.
256 Columbia
Turnpike, St. 207
Florham Park, NJ 07932
Attn: Sam Mcnulty/Bob Hueston
Email: smcnulty@huestonmcnulty.com/
rhueston@huestonmcnulty.com
12. Michael Lantych, Et Al. Litigation Unliquidated
c/o Andrew M. Milz
Flitter Milz, PC
1814 East Rt 70,
Suite 350
Cherry Hill, NJ 08003
Attn: Andrew M. Milz, Esq. And
Joe Solseng, Esq.
Email: amilz@consumerslaw.com;
solseng@sgb-law.com
13. Ocean Casino & Resort Marketing $49,935
500 Boardwalk Premiums
Atlantic City, NJ 08401
Attn: Korrin Carrieri
Email: korrin.carrieri@theoceanac.com
Phone: 609-783-8090
14. Office Basics Co Office $2,653
P.O. Box 2230 Supplies
Reading, PA 19601
Attn: Kim Clark
Email: kclark@officebasics.com
Phone: 800-541-5855
15. One Agency Marketing Vendor $20,000
15900 N 78th Street,
Ste 100
Scottsdale, AZ 85260
Attn: Suzanne Mora
Email: suzanne.mora@oneagency.com
Phone: 407-782-5448
16. RCI Exchange Fees $20,000
Po Box 2099
Carmel, IN 46082
Attn: Julie Williams
Email: julie.williams@trav
elandleisure.com
Phone: 317-987-5573
17. Royal Suites Interval Owners Promissory $4,252,000
Association Note
c/o Hueston Mcnulty, P.C.
256 Columbia
Turnpike, St. 207
Florham Park, NJ 07932
Attn: Sam Mcnulty/Bob Hueston
Email: smcnulty@huestonmcnulty.com/
rhueston@Huestonmcnulty.com
18. Stevens & Lee Legal Fees $58,337
Po Box 679
Reading, PA 19603
Attn: Accounts Receivable
Email: accounting@stevenslee.com
Phone: 610-478-2000
19. Toshiba Financial Services Equipment $2,383
Po Box 070241 Lease
Philadelphia, PA
19176-0241
Attn: Kathy Brennan
Email: kathy.brennan@tbs.toshiba.com
Phone: 631-389-3427
20. Waterfront Tours Marketing Vendor $10,000
1112 Denman Valley Street
Henderson, NV 89002
Attn: Rodney Wilks/Kendra
Email: waterfronttoursllc@gmail.com
Phone: 702-785-7134
FOREST MEADOWS: Case Summary & 20 Largest Unsecured Creditors
-------------------------------------------------------------
Debtor: Forest Meadows Holdings, LLC
746 Garden Walk Blvd.
Atlanta GA 30349-8515
Business Description: Forest Meadows Holdings LLC operates Forest
Meadows Apartment Homes, a residential
community in College Park, Georgia. The
property offers one- and two-bedroom
apartments featuring walk-in closets,
hardwood flooring, and gallery kitchens.
Amenities include a fitness center, sports
courts, and pet-friendly policies.
Chapter 11 Petition Date: May 5, 2025
Court: United States Bankruptcy Court
Northern District of Georgia
Case No.: 25-54944
Judge: Hon. Lisa Ritchey Craig
Debtor's Counsel: William Rountree, Esq.
ROUNTREE, LEITMAN, KLEIN & GEER, LLC
2987 Clairmont Road, Suite 350
Atlanta GA 30329
Tel: 404-584-1238
Email: wrountree@rlkglaw.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Patrick Castelli as managing director.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/YUZLHCQ/Forest_Meadows_Holdings_LLC__ganbke-25-54944__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Rohan Refurbishing Company Suppliers or Vendors $90,045
1719 Pinewalk Ln
Riverdale, GA, 30274
2. Chadwell Supply Inc Suppliers or Vendors $48,121
7555 Wood Rd. Suite 100
Douglasville, GA, 30134
3. DB Electric Inc Suppliers or Vendors $30,087
4738 Rabun Drive
Douglasville, GA, 30135
4. Creative Multicare Inc Suppliers or Vendors $23,938
100 Andrew Dr
Stockbridge, GA, 30281
5. Real Floors, Inc Suppliers or Vendors $19,089
560 Webb Industrial Drive,
Suite 100
Marietta, GA, 30062
6. Tim Moran CPA, PLLC Services $18,139
612 Cabin Crk Trl
Mars Hill, NC, 28754
7. Clayton County Water Utility Services $17,245
Authority
1600 Battle Creek Road
Morrow, GA, 30260
8. Sesmas Tree Service LLC Suppliers or Vendors $16,466
1530 Purcell Rd
Lawrenceville, GA, 30043
9. Quality Carpet & Vinyl, Inc. Suppliers or Vendors $13,397
700 Pinnacle Ct. Ste 200
Norcross, GA, 30071
10. Top Notch Carpet, LLC Suppliers or Vendors $13,110
140 Napa Dr.
Mcdonough, GA, 30253
11. Performance Waste Solutions $9,662
4636 Gilhams Rd
Roswell, GA, 30075
12. Street Digital Media LLC Suppliers or Vendors $7,500
1008 Burnside Lane NW
Atlanta, GA, 30318
13. Essential Solutions Property Suppliers or Vendors $7,184
Management, LLC
7000 Central Parkway NE, Suite 1100
Atlanta, GA, 30328
14. Screening Reports, Inc. Suppliers or Vendors $4,805
2900 Monarch Lakes Blvd., Suite 201
Hollywood, FL, 33027
15. Weaver Landscape Group, LLC Suppliers or Vendors $4,700
4751 Best Road, Suite 275
Atlanta, GA, 30337
16. Altima Services, LLC Suppliers or Vendors $3,465
1401 Azalea Brook Drive
Lawrenceville, GA, 30043
17. Jaguar Services Suppliers or Vendors $3,350
20 Lynchburg Street
Hampton, GA, 30228
18. RealPage, Inc. Suppliers or Vendors $2,835
2201 Lakeside Blvd.
Attn: Legal Dept.
Richardson, TX, 75082
19. Fire X, Inc. Suppliers or Vendors $1,934
dba Fire Defense Center
2834 Sullivan Rd
Atlanta, GA, 30337
20. Apartments, LLC Suppliers or Vendors $1,295
540 W Madison St
14th Floor
Chicago, IL, 60661
FU BANG GROUP: Seeks Chapter 11 Bankruptcy in California
--------------------------------------------------------
On May 7, 2025, Fu Bang Group Corp USA filed Chapter 11
protection in the U.S. Bankruptcy Court for the Central District of
California. According to court filing, the
Debtor reports between $10 million and $50 million in debt owed
to 1 and 49 creditors. The petition states funds will be available
to unsecured creditors.
About Fu Bang Group Corp USA
Fu Bang Group Corp USA is a real estate company that owns and
manages a single property.
Fu Bang Group Corp USA sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-13004) on May 7,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Scott H. Yun handles the case.
The Debtors are represented by Derrick Talerico, Esq. at WEINTRAUB,
ZOLKIN TALERICO & SELTH LLP.
GOT KIDZ?: Seeks Chapter 11 Bankruptcy in Georgia
-------------------------------------------------
On May 6, 2025, Got Kidz? Inc. filed Chapter 11 protection in the
U.S. Bankruptcy Court for the Northern District of Georgia.
According to court filing, the Debtor reports $700,000 in
debt owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
About Got Kidz? Inc.
Got Kidz? Inc. owns two commercial properties totaling roughly
17,000 square feet on a 5.5-acre site at 1581 Fairburn Road in
Atlanta, Georgia.
Got Kidz? Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-55074) on May 6,
2025. In its petition, the Debtor reports total assets of
$1,500,000 and total liabilities of $700,000.
The Debtors are represented by Sims W Gordon Jr., Esq. at THE
GORDON LAW FIRM, PC.
HERSCHEND ENTERTAINMENT: S&P Lowers ICR To 'B+', Outlook Stable
---------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on U.S.-based
themed park owner and operator Herschend Entertainment Co. LLC to
'B+' from 'BB-'.
S&P said, "At the same time, we assigned our 'B+' issue-level
rating and '3' recovery rating to the proposed senior secured debt
facilities.
"The stable outlook reflects our expectation that Herschend will
sustain leverage of 4.0x-4.5x through at least 2025.
"The downgrade to 'B+' reflects our expectation that Herschend's
leverage will remain above our 4x downgrade threshold through at
least 2025 following the acquisition of Palace Entertainment. On
March 18, 2025, Herschend announced it has signed a definitive
agreement under which it will acquire all of Palace Entertainment's
U.S. entertainment properties from Piolin Bidco S.A.U. (d.b.a.
Parques Reunidos; B-/Stable). In conjunction with the acquisition,
Herschend plans to issue a $1.1 billion term loan B and use cash
from its balance sheet to fund the acquisition and refinance its
existing debt facilities. The proposed incremental debt issuance
will increase Herschend's S&P Global Ratings-adjusted leverage
above our 4x downgrade threshold at the 'BB-' rating level through
at least 2025, supporting the downgrade.
The combined portfolio increases scale and geographic
diversification, but Herschend's small scale relative to peers,
seasonality, and concentration at Dollywood are key risks.
Herschend's existing portfolio consists of 29 theme parks, tourist
attractions, and resorts in eight states and Canada, primarily
concentrated in the Southeast and Midwest regions. Palace
Entertainment assets include seven theme parks (including two
resorts and three campgrounds), six water parks, and six family
entertainment centers primarily concentrated in the Northeast
region, where Herschend has less of a presence.
Although the combined business will reduce EBITDA concentration at
both the park and regional levels, the company will still generate
a meaningful portion of its park-level EBITDA base from Dollywood.
Therefore, Herschend remains exposed to severe weather and regional
economic risks. In 2024, Herschend's operating performance faced
adverse weather largely due to significant disruptions from
Hurricane Helene in the second half of the year. The storm damaged
some of the company's properties, along with critical public
roadways around four of the company's parks (Callaway Gardens, Wild
Adventures, and Dollywood) and hindered the local economy. As a
result, Herschend reported a loss of operating days and lower
attendance and revenue.
In addition, compared with rated regional theme park peers,
Herschend has smaller scale, catering to a lower attendance base in
smaller markets. It also generates lower EBITDA margins relative to
peers in the theme park sector. S&P's rating also incorporates the
company's exposure to seasonality. About half of annual EBITDA
historically generated in the second quarter, leaving it further
exposed to weather-related event risks during peak periods compared
with some other leisure operators.
Partially offsetting these risk factors are the company's portfolio
of drive-to assets, which may remain more resilient than
destination-oriented properties during economic downturns and
periods of reduced consumer spending, and the positioning and high
quality of its assets, particularly its Dollywood and Silver Dollar
City parks. Weaker household income growth, reduced positive
impulses from the public sector, rising tariffs, higher interest
rates, and lingering policy uncertainty are key factors
decelerating economic growth this year. The personal savings rate
is poised to rise to more historically normal levels as
precautionary behavior takes hold, reversing the trend of the past
couple of years that suggested a substantial wealth effect in
consumer spending, linked to stock market performance and home
price growth. This may lead to lower discretionary spending,
resulting in consumers pulling back on leisure spending. However,
theme parks benefit from less volatile revenue through economic
cycles than other leisure sectors such as destination travel, given
it is a lower-cost form of entertainment and it is easier to access
given its drive-to locations.
Dollywood and Silver Dollar City benefit from strong brand equity
in their local markets, industry awards and recognition, and
premium attractions that differentiate its parks within the regions
they operate. Herschend is exposed to limited competition from
other theme park operators of similar asset quality in its markets.
Dollywood and Silver Dollar City's nearest theme park competitors,
which include Carowinds, Holiday World, and Six Flags Over Georgia
for Dollywood and Worlds Of Fun and Six Flags St. Louis for Silver
Dollar City, are more than 150 miles away, limiting the theme park
options for local consumers. Because of the considerable barriers
to entry to theme park development, including high capital costs
and stringent regulations, it is unlikely that a competitor park
will be developed in the markets in which Herschend operates.
S&P said, "In 2025, we expect attendance growth in the 1%-3% range
at Herschend and Palace venues, driven by normalized weather
patterns, increased group visitation, higher season pass sales, and
the opening of new park attractions. We expect modest per capita
spending growth in the 1%-3% range for Herschend and Palace venues
in 2025, in line with our assumption for consumer spending growth.
Overall, we forecast the company's pro forma revenue to increase
4%-6% in 2025. We expect modest EBITDA growth over the next two
years will drive leverage reduction toward the low-4x area by
2026."
Higher planned growth capital expenditure (capex) could reduce
Herschend's financial flexibility. Although the regional theme park
sector benefits from high barriers to entry due to significant
capital requirements and limited land availability to build new
greenfield parks, the industry competes more broadly with other
forms of entertainment for consumer wallet share, including live
events, gaming, and leisure travel. S&P said, "Therefore, operators
must continuously reinvest in their parks to improve the guest
experience and increase visitation. Herschend is undergoing several
development projects in 2025 to increase visitation and spending at
its parks, including new rides, the SongTeller hotel at Nashville,
a theme park resort at Silver Dollar City, and additional
non-recurring capital spending to bring the properties acquired
from Palace Entertainment onto Herschend's system. As a result, we
estimate it will spend $250 million-$300 million in total capex in
2025 and $200 million-$250 million in 2026, funded with cash on
hand from its previous divestiture of World Choice Investments and
operating cash flow. We expect Herschend will generate negative
FOCF in 2025 and 2026, which exposes it to heightened risks and
limited financial flexibility to reduce leverage if there is a
meaningful pullback in discretionary spending that leads to broad
declines in attendance and per capita spending at its parks."
S&P said, "The stable outlook reflects our base case expectation
that Herschend's investment plans and leverage policy will enable
the company to sustain our measure of adjusted leverage of
4.0x-4.5x through 2025, incorporating volatility from macroeconomic
pressures.
"We could lower the rating if we believed the company would sustain
leverage greater than 5x. This could be due to operating missteps,
a prolonged economic downturn causing consumer spending to decline
and operating performance at Herschend's parks to deteriorate, or
an unexpected leveraging capital allocation decision such as a
distribution or acquisition.
"We could raise the rating if we believed that Herschend would
sustain leverage below 4x and FFO to debt of greater than 20%,
incorporating operating volatility, leveraging acquisitions, and
shareholder returns."
HUNTER DOUGLAS: S&P Alters Outlook to Negative, Affirms 'B' ICR
---------------------------------------------------------------
S&P Global Ratings revised its outlook on custom window coverings
manufacturer Hunter Douglas Finance B.V. to negative from stable
and affirmed all its ratings, including its 'B' issuer credit
rating. S&P's 'B' issue-level rating and 3' recovery rating on the
company's term loans indicate its expectation of meaningful
(50%-70%; rounded estimate: 55%) recovery in the event of default.
The negative outlook reflects the potential for leverage to
increase beyond 7x over the next 12 months if Hunter Douglas's
profitability weakens past our expectations from increasingly
challenging demand.
Sales volumes are vulnerable to cautious consumer spending that
could further pressure performance in 2025. Hunter Douglas reported
modest 1% sales growth in 2024 as strong growth in its
international segment helped offset persistent demand softness in
the Americas and Europe. S&P maintains a softer volume outlook for
this year, with S&P Global economists anticipating U.S. real GDP
expansion will decelerate to 1.5%. This is down from 2.8% in 2024,
in part from consumer spending declines. Additionally, home sales
have remained sluggish and consumer fatigue has discouraged
spending on more discretionary renovation and remodel projects,
particularly in North America. S&P said, "As a result, we forecast
revenues in Hunter's Americas and Asia-Pacific segment will
continue to decline by about 1%-2% in 2025 and European revenues
will remain flat. In contrast, we believe Hunter's international
segment is well positioned for further improvement following
significant investments in 2024 to support growth initiatives.
Combined, this results in our modest base-case revenue increase
forecast of less than 1% in 2025."
Hunter has already increased prices over the last several years. It
remains uncertain whether the company can fully pass on the cost of
tariff impact to customers given already prolonged spending
pressures and demand weaknesses. As a result, S&P now forecasts
leverage close to 7x in 2025, versus our previous expectation of
the low-6x area this year.
S&P said, "We assume tariffs will have a modest direct impact on
Hunter's cost structure. Its North America sales are subject to
tariff risk, with almost half of the region's sales produced at the
company's facilities in Mexico, but they are not meaningfully
exposed to China imports in our view. According to the company,
Hunter has fully offset any tariff impact. Thus, we do not expect
significant direct impact on Hunter's cost structure from tariffs,
regardless of recent trade policy announcements of lower tariffs on
China. However, given our expectation that demand could be affected
as Hunter passes through higher tariff costs to customers by
raising prices to protect profitability, we believe the associated
tariff-related headwinds and lower volumes (leading to reduced cost
absorption) could weaken gross margin beyond our base-case
forecast. This would increase leverage over our downside trigger of
7x.
"Hunter's liquidity position remains sizable despite our
expectation for weaker cash flow this year. The company maintained
a cash balance of $789 million as of Dec. 31, 2024, pro forma for
its $200 million debt paydown during the January 2025 refinancing.
This is supported by free operating cash flow (FOCF) of about $182
million as of Dec. 31. Hunter generates good cash flow despite
higher input costs and interest burden, since its products are
mostly custom and made to order, which limits inventory and working
capital requirements. We expect lower FOCF of at least $140 million
each of the next two years from ongoing growth investments and
macroeconomic headwinds, but such liquidity remains sufficient to
support further business investments and the company's large debt
service requirements.
"We believe Hunter Douglas will continue to utilize excess cash to
fund acquisitions, looking for opportunities to enter new channels
and adjacent product categories. We expect Hunter's revolver usage
to remain minimal; it has historically been undrawn at
quarter-end.
"The negative outlook reflects the potential for Hunter's credit
metrics to erode over the next 12 months if profitability weakens
past our expectations from increasingly challenging demand."
S&P could lower its ratings if Hunter Douglas sustains leverage
above 7x and materially contracts FOCF. This could occur if:
-- The macroeconomic environment worsens and consumer
discretionary household spending on furnishings, including window
coverings, declines further from S&P's base expectations;
-- The company cannot effectively manage input cost pressures or
tariff-related impacts or price increases hurt volumes more than
anticipated; or
-- It incurs sizable cash expense to achieve its cost-saving
targets but fails to achieve them.
S&P could revise its outlook to stable if the company sustains
revenue and earnings growth despite macroeconomic pressures,
leading to leverage in the low-6x area. This could occur if:
-- The company offsets tariff-related impacts with higher pricing,
such that gross profit and volumes do not significantly decline;
-- Expands EBITDA following realization of expected cost-saving
initiatives; or
-- Continues to prioritize utilizing cash flow for debt reduction
instead of acquisitions or shareholder returns.
INFINITY ATHLETICS: Unsecureds Will Get 10% over 36 Months
----------------------------------------------------------
Infinity Athletics NY LLC filed with the U.S. Bankruptcy Court for
the Southern District of New York a Small Business Plan of
Reorganization under Subchapter V dated April 9, 2025.
The Debtor is a limited liability company solely-owned by Ms.
Stephanie Robinson (the "Member"). The Debtor operates a
gymnastics school that conducts its business from 9 Ryan Drive,
Hopewell Junction, New York 12533 and at her home in Wappinger
Falls, New York.
The Member serves as the sole teacher and consultant for the
Debtor. The Debtor and the Member were the subject of a personal
injury lawsuit brought by Ms. Michelle Trapani (the "Creditor") on
behalf her minor child. The Creditor obtained a judgment (the
"Judgment") against the Debtor and the Member in the approximate
amount of $202,000.00 that was the primary cause of the Debtor's
bankruptcy filing. The Member was also forced to file a Chapter 13
bankruptcy filing under Case No. 25-35016.
Other than the competitions that occurred in January and March of
this year, the only significant financial issue that arose for the
Debtor since the Petition Date was it was required by the local
municipality to upgrade its fire safety system at a cost of
approximately $9,000.00. The Debtor was able to satisfy this
expense, and it is aware that it must maintain a reserve for
repairs and contingencies, but this expense was unexpected.
The Debtor anticipates that committing its disposable income to the
Plan for 36 months will result in a dividend to unsecured creditors
of all Allowed Unsecured Claims after payment of all allowed
Administrative Professional Fee Claims.
Class 1 shall consist of Allowed General Unsecured Claims. Holders
of Allowed Class 1 General Unsecured Claims shall no less than 10%
of their Allowed Class 1 Claims, without interest, from the
remaining balance of the Plan Funds, after payment in full of all
Unclassified Claims and Allowed Professional Fee Claims.
Payments to the Allowed Class 1 Claims shall be paid in equal
quarterly installments of $6,000.00 a quarter for the 36-month
period from the Effective Date after the payment of Unclassified
Claims and Allowed Professional Fee Claims are completed. The
holders of the Allowed Class 1 Claims are impaired pursuant to
Section 1124 of the Bankruptcy Code and are entitled to vote to
accept or reject the Plan.
Class 2 shall consist of the Debtor's Member Ms. Stephanie
Robinson. The Member will retain her interest in the Debtor. The
Class 2 Member is unimpaired pursuant to Section 1124 of the
Bankruptcy Code and is deemed to have accepted the Plan.
The Plan shall be funded from the Debtor's Cash on hand and
disposable income over the three-year period following the
Effective Date.
A full-text copy of the Subchapter V Plan dated April 9, 2025 is
available at https://urlcurt.com/u?l=arPM3l from PacerMonitor.com
at no charge.
The firm can be reached through:
Norma E. Ortiz, Esq.
ORTIZ & ORTIZ, LLP
35-10 Broadway, Ste. 202
Astoria, NY 11106
Telephone: (718) 522-1117
Facsimile: (718) 596-1302
Email: email@ortizandortiz.com
About Infinity Athletics NY LLC
Infinity Athletics NY LLC operates a gymnastics school that
conducts its business from 9 Ryan Drive, Hopewell Junction, New
York 12533.
The Debtor sought protection for relief under Chapter 11 of the
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-35023) on Jan. 9,
2025, listing up to $50,000 in assets and $100,001 to $500,000 in
liabilities.
Judge Kyu Young Paek presides over the case.
Norma E. Ortiz, Esq. at Ortiz & Ortiz, LLP, is the Debtor's
counsel.
IRONNET INC: Young Conaway Wants to Withdraw as Legal Counsel
-------------------------------------------------------------
Angelica Serrano-Roman of Bloomberg Law reports that Young Conaway
Stargatt & Taylor LLP has asked the U.S. Bankruptcy Court in
Delaware for approval to withdraw as legal counsel for IronNet
Inc., the cybersecurity firm founded by former NSA Director General
Keith B. Alexander.
In its May 9, 2025 motion, the firm stated that IronNet has
consented to the withdrawal but has not yet secured replacement
counsel, despite having ongoing legal matters before the court.
The law firm began representing IronNet in 2023 during its Chapter
11 proceedings and has continued assisting with claims
reconciliation and other bankruptcy-related matters after the
company exited bankruptcy, the report states.
About IronNet
Founded in 2014 and headquartered in McLean, Va., IronNet, Inc.
(OTCMKTS: IRNTQ) -- https://www.ironnet.com/ -- is a global
cybersecurity company that is transforming how organizations secure
their networks by delivering the first-ever collective defense
platform operating at scale. Employing a number of former NSA
cybersecurity operators with offensive and defensive cyber
experience, IronNet integrates deep tradecraft knowledge into its
industry-leading products to solve the most challenging cyber
problems facing the world today.
The Debtors sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 23-11710) on October 12,
2023. In the petition signed by Cameron Pforr, president and chief
financial officer, IronNet, Inc. disclosed $77,389 in assets and
$33,833,108 in liabilities. Debtor IronNet Cybersecurity, Inc.
listed $10 million to $50 million in estimated assets and $50
million to $100 million in estimated liabilities.
Judge Brendan Linehan Shannon oversees the cases.
The Debtors tapped Young Conaway Stargatt & Taylor, LLP as
bankruptcy counsel, Arnold & Porter Kaye Scholer LLP as general
corporate counsel, and Stretto, Inc. as claims, noticing, and
solicitation agent.
Paul, Weiss, Rifkind, Wharton & Garrison LLP represents the DIP
lenders as legal counsel.
IRREGULAR MIKES: Files Amendment to Disclosure Statement
--------------------------------------------------------
Irregular Mikes, LLC, d/b/a Baker Street Irregulars, submitted an
Amended Disclosure Statement describing Amended Plan of
Reorganization for Small Business dated April 10, 2025.
The Plan is designed as a mechanism for the reorganization of
Debtor. The Debtor owns and operates a restaurant/pub located at
1152 First Avenue, New York, New York, which is leased pursuant to
a long-term lease (the "Restaurant").
The Debtor has recently taken a number of cost cutting measures
including dropping the full time salaried staff from nine to three.
This was possible because the Debtor's principal, Michael Egan,
left his job on Wall Street and took over all of the day to day
management which was previously handled by multiple individuals.
Additionally, his ability to be at the Restaurant during the day
when the business is slower reduced the need for additional wait
staff.
The Debtor has also entered into a stipulation curing the Lease.
The remaining largest issue is the tax liability to the State of
New York. The Debtor believes it now has the income to fund a
feasible Plan. The Debtor's projections are based on the Debtor's
revenues for February and March of this year, after Michael Egan
took over the day to day management.
Like in the prior iteration of the Plan, the Allowed Class 3
Unsecured Claims shall be paid in Cash from 2% of gross revenues
monthly, beginning with the first month in the year after the
Effective Date and continuing until the creditors are paid in full.
Payment will be made pare passu with all unsecured claims. Class
3-Unsecured Claims are Impaired and thus entitled to vote.
On the Effective Date the Debtor will issue new equity interests in
the Reorganized Debtor ("New Equity") to the Management Group for
their services which are necessary for the success of the Plan. The
issuance of New Equity will not require any further approval on the
Effective Date and the Debtor's Operating Agreement shall be
amended and restated, if necessary, without further action.
Payments to holders of Allowed Unsecured Claims under the Plan will
be made from 2% of gross revenues on a monthly basis beginning one
month after the Effective Date. Professional fees for services
rendered by the Debtor's attorneys subsequent to the Effective Date
in connection with the Plan or the Debtor's Chapter 11 case, and
reimbursement of expenses relating to such services may be paid by
the Debtor without prior court approval, to the extent that section
1123(a)(6) of the Code is applicable.
The Debtor is not aware of any executory contracts or unexpired
leases that it is a party to and if there are any the Debtor
rejects them, except for its lease with the Landlord which has been
assumed pursuant to the terms of the stipulation to be So Ordered.
To the extent the Debtor is a party to an executory contract or
unexpired lease which has not otherwise been assumed or rejected
under Section 365 of the Bankruptcy Code prior to the Effective
Date, the Confirmation Order shall constitute an Order.
While the equity interests are being canceled and Michael Egan as
the equity group will receive new equity, the Debtor believes this
is "fair and equitable" for his service because Michael Egan is
offering his valuable fulltime management services giving up his
full time job on Wall Street to allow the Debtor to be profitable.
A full-text copy of the Amended Disclosure Statement dated April
10, 2025 is available at https://urlcurt.com/u?l=tPTVNq from
PacerMonitor.com at no charge.
Counsel to the Debtor:
H. Bruce Bronson, Esq.
Bronson Law Offices, P.C.
480 Mamaroneck Ave.
Harrison, NY 10528
Telephone: (914) 269-2530
Facsimile: (888) 908-6906
Email: hbbronson@bronsonlaw.net
About Irregular Mikes
Irregular Mikes, LLC, was established in May 2021 as a domestic
limited liability company type registered at 1152 First Avenue, New
York.
Irregular Mikes filed a voluntary petition for relief under Chapter
11 of the Bankruptcy Code (Bankr. S.D.N.Y., Case No. 24-10938) on
May 28, 2024, with up to $1 million in both assets and
liabilities.
Judge Michael E. Wiles oversees the case.
H. Bruce Bronson, Esq., at Bronson Law Offices, P.C., serves as the
Debtor's counsel.
JBSB DESTINY: Seeks Subchapter V Bankruptcy in Texas
----------------------------------------------------
On May 6, 2025, JBSB Destiny Enterprises Co. filed Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of Texas. According to court filing, the
Debtor reports $1,056,900 in debt owed to 1 and 49 creditors.
The petition states funds will be available to unsecured
creditors.
About JBSB Destiny Enterprises Co.
JBSB Destiny Enterprises Co. operates a Massage Heights franchise
that offers licensed massage therapy and facial services.
JBSB Destiny Enterprises Co. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No.
25-32566) on May 6, 2025. In its petition, the Debtor
reports total assets of $50,006 and total debts of $1,056,900.
Honorable Bankruptcy Judge Jeffrey P. Norman handles the case.
The Debtors are represented by Robert C. Lane, Esq. at THE LANE LAW
FIRM.
JD HUNT CUSTOM: Case Summary & 20 Largest Unsecured Creditors
-------------------------------------------------------------
Debtor: JD Hunt Custom Homes, Inc.
d/b/a JD Hunt Construction
d/b/a JD Hunt Homes
2414 Exposition Blvd Ste D210
Austin TX 78703
Business Description: JD Hunt Custom Homes, Inc. is a custom home
builder based in Austin, Texas. The Company
specializes in high-end residential
construction projects and has been involved
in sustainable building practices, including
materials repurposing.
Chapter 11 Petition Date: May 11, 2025
Court: United States Bankruptcy Court
Western District of Texas
Case No.: 25-10700
Debtor's Counsel: Kell C. Mercer, Esq.
KELL C. MERCER PC
901 S Mopac Expy Bldg 1 Ste 300
Austin TX 78746
Tel: (512) 767-3214
E-mail: kell.mercer@mercer-law-pc.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Jason D. Hunt as authorized
representative of the Debtor.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/6XFHUMY/JD_Hunt_Custom_Homes_Inc__txwbke-25-10700__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unecured Creditors:
Entity Nature of Claim Claim Amount
1. Newtek $3,000,000
4800 T-Rex Avenue,
Suite 120
Boca Raton, FL 33431
2. Patmos Capital $2,700,000
Partners LLC
6534 Sunnyland Ln
Dallas, TX 75214
3. Timeless Funding LLC $2,194,608
5014 16th Avenue
Ste 124
Brooklyn, NY 11219
4. Balcones Asset $2,089,000
Holdings LLC
2083 N. Collins Blvd.
Ste 200
Richardson, TX 75080
5. Itria Ventures LLC $1,652,696
1 Penn Plaza, Suite 3101
New York, NY 10119
6. Premium Merchant $649,905
Funding (PMF)
55 Water Street
New York, NY 10004
7. Vault Capital LLC $349,125
19790 W Dixie Hwy
Miami, FL 33180
8. Celtic Advance $331,404
8 The Green, Suite A
Dover, DE 19901
9. Planet Home Lending $315,000
PO Box 1001
Meriden, CT 06450
10. First Nattional Bank $278,789
of Sonora Texas
102 E Main Street
Sonora, TX 76950
11. Alpaca Funding LLC $264,000
266 Broadway, Suite 401
Brooklyn, NY 11211
12. Ramp CC Service $238,324
28 West 23rd Street,
Floor 2
New York, NY 10010
13. Five Star Bank $192,070
2240 Douglas Blvd
Ste 100
Roseville, CA 95661
14. RHO CC Service $159,998
100 Crosby Street
New York, NY 10012
15. The Home Depot - $151,437
Project Credit Line
2455 Paces Ferry
Road NW
Atlanta, GA 30339
16. First Home Bank $150,000
9190 Seminole Blvd
Seminole, FL 33772
17. McCoys $101,865
P.O. Box 1028
San Marcos, TX 78667
18. Square Advance $90,179
90 E Halsey Rd
Parsippany, NJ 07054
19. Divvy / Bill CC Service $77,454
6220 America
Center Drive, Suite 100
San Jose, CA 95002
20. Brickhouse Capital $75,000
8161 E. Indian Bend Rd
Ste 103
Scottsdale, AZ 85250
KND HOSPITALITY: Plan Exclusivity Period Extended to June 30
------------------------------------------------------------
Judge Michelle V. Larson of the U.S. Bankruptcy Court for the
Northern District of Texas extended KND Hospitality Company, Inc.'s
exclusive periods to file a plan of reorganization and disclosure
statement to June 30, 2025.
As shared by Troubled Company Reporter, the Debtor explains that it
is current on all of its administrative obligations. Pursuant to
Section 1121 of the Bankruptcy Code, the initial 120-day time
period for BWH to file a Plan and Disclosure Statement will expire
on January 29, 2025.
The Debtor claims that before filing a plan, Debtor is attempting
to cure certain deficiencies with the Comptroller of the State of
Texas. No harm would befall any parties in interest if the Court
grants this Motion.
KND Hospitality Company is represented by:
Gregory W. Mitchell, Esq.
Freeman Law, PLLC
1412 Main Street, Suite 500
Dallas TX 75202
Tel: (972) 463-8417
Email: gmitchell@freemanlaw.com
About KND Hospitality Company
KND Hospitality Company, Inc. operates primarily in the hospitality
sector, focusing on providing catering and consulting services.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Texas Case No. 24-33108) on Oct. 1,
2024, with $100,001 to $500,000 in assets and $500,001 to $1
million in liabilities.
Judge Michelle V. Larson oversees the case.
The Debtor is represented by Gregory Wayne Mitchell, Esq., at
Freeman Law, PLLC.
KPOWER GLOBAL: Section 341(a) Meeting of Creditors on June 16
-------------------------------------------------------------
On May 8, 2025, KPower Global Logistics LLC filed Chapter 11
protection in the U.S. Bankruptcy Court for the Western District of
Tennessee. 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.
A meeting of creditors under Section 341(a) to be held on June 16,
2025 at 08:15 AM via by telephone or videoconference.
About KPower Global Logistics LLC
KPower Global Logistics LLC provides third-party logistics services
specializing in customized supply chain solutions across the United
States. The Company offers staffing, warehousing, bulk storage,
consulting, packaging, and special project services for
distribution centers and manufacturing operations.
KPower Global Logistics LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Tenn. Case No. 25-22294) on
May 8, 2025. In its petition, the Debtor reports estimated assets
and liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge M Ruthie Hagan handles the case.
The Debtors are represented by Craig M. Geno, Esq. at LAW OFFICES
OF CRAIG M. GENO, PLLC and Jerome C. Payne, Esq. at PAYNE LAW FIRM.
LEMONS & OLIVES: Case Summary & 10 Unsecured Creditors
------------------------------------------------------
Debtor: Lemons & Olives, Inc.
98A South 4th Street
Brooklyn, NY 11249
Business Description: Lemons & Olives, Inc. is a catering company
based in Brooklyn, New York, offering farm-
to-table cuisine and event catering
services. The Company also provides mobile
kitchen services, including food trucks and
a mobile pizza oven. It is a certified
Women-Owned Business Enterprise and has
partnered with community organizations to
support local initiatives.
Chapter 11 Petition Date: May 6, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 25-42197
Judge: Hon. Elizabeth S Stong
Debtor's Counsel: Jonathan S. Pasternak, Esq.
DAVIDOFF HUTCHER & CITRON LLP
605 Third Avenue
34th Floor
New York, NY 10158
Tel: 212-557-7200
Fax: 212 286 1884
Total Assets: $370,102
Total Liabilities: $2,597,729
Tanja Mannheim signed the petition as CEO.
A full-text copy of the petition, which includes a list of the
Debtor's 10 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/DXDQ6RA/Lemons__Olives_Inc__nyebke-25-42197__0001.0.pdf?mcid=tGE4TAMA
LIGHTNING POWER: S&P Places 'BB-' ICR on CreditWatch Positive
-------------------------------------------------------------
S&P Global Ratings placed its 'BB-' issuer credit rating on
Lightning Power LLC on CreditWatch with positive implications. S&P
also placed its 'BB' issue-level rating on Lightning's senior
secured debt on CreditWatch with positive implications.
The CreditWatch placement reflects S&P's expectation that Lightning
will be considered a core subsidiary of NRG upon close of the
transaction and thus will have the same rating as the NRG group.
NRG Corp. announced a proposed acquisition of several assets from
LS Power Equity Advisors (LS Power), including Lightning Power LLC,
as well as Linebacker Power (Electric Reliability Council of Texas
natural gas portfolio) and CPower (distributed energy monetization
and virtual power plant operator).
The total transaction will cost about $12.1 billion, including our
assumption of Lightning's existing $3.2 billion of debt.
S&P will likely consider Lightning to be a core subsidiary of NRG
under our group rating methodology. This is because of the
strategic importance of Lighting due to its relative scale, the
improved diversification it introduces to NRG's generation fleet,
and the improved match of NRG generation, including the LS Power
assets, to NRG's customer demand.
S&P said, "While Lightning will not be guaranteeing NRG's debt or
vice versa and we do not expect any cross-default provisions
between the entities, we expect NRG will likely opportunistically
refinancing Lightning's debt over time at the NRG level.
"As a core subsidiary of NRG, we would expect Lightning to have the
same rating as NRG, and we expect NRG's rating would not change
from its current 'BB' once this acquisition is closed.
"The CreditWatch with positive implications placement reflects our
expectations that Lightning will be acquired by NRG upon close of
the acquisition and we will then assess Lightning Power as a core
group subsidiary of NRG, with the same rating as NRG. We expect to
resolve the CreditWatch placement at or near the transaction
closing, subject to customary regulatory approvals."
M.I.S. COMMODITIES: Case Summary & Nine Unsecured Creditors
-----------------------------------------------------------
Debtor: M.I.S. Commodities, Inc.
401 E. Atlantic Ave., Ste. 103
Delray Beach, FL 33483
Business Description: M.I.S. Commodities is an international
marketer of food and agricultural products,
connecting farmers and consumers through its
trading and logistics expertise. The
Company specializes in soft commodities,
pulses, and select energy services and
equipment. Headquartered in Geneva, with
offices in Bach and Stamford, Connecticut,
M.I.S. Commodities operates globally.
Chapter 11 Petition Date: May 5, 2025
Court: United States Bankruptcy Court
Southern District of Florida
Case No.: 25-15027
Judge: Hon. Erik P Kimball
Debtor's Counsel: Adam I. Skolnik, Esq.
LAW OFFICE OF ADAM I. SKOLNICK, PA
1761 West Hillsboro Boulevard
Suite 207
Deerfield Beach, FL 33442
Tel: 561-265-1120
E-mail: askolnik@skolniklawpa.com
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Aitor Deurquiza as president.
A full-text copy of the petition, which includes a list of the
Debtor's nine unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/S3IDVNY/MIS_Commodities_Inc__flsbke-25-15027__0001.0.pdf?mcid=tGE4TAMA
MAJAB DEVELOPMENT: Seeks Subchapter V Bankruptcy in Florida
-----------------------------------------------------------
On May 8, 2025, Majab Development LLC filed Chapter 11 protection
in the U.S. Bankruptcy Court for the Middle District of Florida.
According to court filing, the Debtor reports between $1 million
and $10 million in debt owed to 1 and 49 creditors. The petition
states funds will be available to unsecured creditors.
About Majab Development LLC
Majab Development LLC is a Florida-based construction and real
estate development company, primarily focusing on land subdivision
and heavy civil engineering projects. Founded in 2015, the Company
operates in the Naples, FL area and has been involved in various
residential developments.
Majab Development LLC sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla.Case No. 25-00835)
on May 8, 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 Caryl E. Delano handles the case.
The Debtors are represented by Kathleen L. DiSanto, Esq. at BUSH
ROSS, P.A.
MAN GLG 2018-1: Moody's Cuts Rating on $6MM Cl. E-R Notes to Caa3
-----------------------------------------------------------------
Moody's Ratings has taken a variety of rating actions on the
following notes issued by Man GLG US CLO 2018-1 Ltd.:
US$30M Class B-R Senior Secured Deferrable Floating Rate Notes,
Upgraded to Aaa (sf); previously on Jun 28, 2024 Upgraded to Aa2
(sf)
US$32M Class C-R Senior Secured Deferrable Floating Rate Notes,
Upgraded to A2 (sf); previously on Jun 28, 2024 Upgraded to Baa2
(sf)
US$6M (Current outstanding amount US$6,402,960) Class E-R Senior
Secured Deferrable Floating Rate Notes, Downgraded to Caa3 (sf);
previously on Jun 28, 2024 Downgraded to Caa2 (sf)
Moody's have also affirmed the ratings on the following notes:
US$315M (Current outstanding amount US$27,153,555) Class A-1-R
Senior Secured Floating Rate Notes, Affirmed Aaa (sf); previously
on Jun 28, 2024 Affirmed Aaa (sf)
US$56M Class A-2-R Senior Secured Floating Rate Notes, Affirmed
Aaa (sf); previously on Jun 28, 2024 Affirmed Aaa (sf)
US$25M Class D-R Senior Secured Deferrable Floating Rate Notes,
Affirmed Ba3 (sf); previously on Jun 28, 2024 Affirmed Ba3 (sf)
Man GLG US CLO 2018-1 Ltd., originally issued in April 2015 and
refinanced in March 2018, is a collateralised loan obligation (CLO)
backed by a portfolio of mostly high-yield senior secured US loans.
The portfolio is managed by Silvermine Capital Management LLC. The
transaction's reinvestment period ended in April 2023.
RATINGS RATIONALE
The upgrades on the ratings on the Class B-R and C-R are primarily
a result of the significant deleveraging of the senior notes
following amortisation of the underlying portfolio since the last
rating action in June 2024.
The downgrade on the rating on the Class E-R notes is the result of
the deterioration of key credit metrics of the underlying pool
since the last rating action in June 2024.
The affirmations on the ratings on the Class A-1-R, A-2-R and D-R
notes are primarily a result of the expected losses on the notes
remaining consistent with their current rating levels, after taking
into account the CLO's latest portfolio, its relevant structural
features and its actual over-collateralisation ratios.
The Class A-1-R notes have paid down by approximately
USD190.17million (87.5%) in the last 12 months and USD287.85million
(91.4%) since closing. As a result of the deleveraging,
over-collateralisation (OC) has increased for senior rated classes.
According to the trustee report dated April 2025 [1], the Class A,
Class B and Class C OC ratios are reported at 174.92%, 141.86% and
118.06% compared to May 2024 [2] levels of 137.99%, 124.35% and
112.48%, respectively. Moody's notes that the April 21, 2025
principal payments are not reflected in the reported OC ratios.
In addition, the over-collateralisation ratios of the junior rated
notes have deteriorated since the rating action in June 2024.
According to the trustee report dated April 2025 [1], the Class D-R
OC ratio is reported at 104.37% compared to a May 2024 [2] level of
104.68%. Moody's notes that the Class D-R OC ratio is currently in
breach of its trigger of 105.00%. Furthermore, according to the
trustee report dated April 2025 [1], the Interest Diversion Test,
that is based on the Class E-R OC ratio is reported at 101.46%
compared to a May 2024 [2] level of 102.96%. Moody's notes that (i)
the Interest Diversion Test is currently in breach of its trigger
of 104.5% and (ii) the April 21, 2025 principal payments are not
reflected in the reported OC ratios.
The credit quality has deteriorated as reflected in (i) the
deterioration in the average credit rating of the portfolio
(measured by the weighted average rating factor, or WARF) and (ii)
an increase in the proportion of securities from issuers with
ratings of Caa1 or lower. According to the trustee report dated
April 2025 [1], the WARF is 3432, compared with 3130 as of May 2024
[2]. Securities with ratings of Caa1 or lower currently make up
approximately 15.3% of the underlying portfolio in April 2025 [1],
versus 11.2% in May 2024.
The key model inputs Moody's uses in Moody's analysis, such as par,
weighted average rating factor, diversity score and the weighted
average recovery rate, are based on Moody's published methodology
and could differ from the trustee's reported numbers.
In Moody's base case, Moody's used the following assumptions:
Performing par and principal proceeds balance: USD184,608,223
Defaulted Securities: USD453,898
Diversity Score: 47
Weighted Average Rating Factor (WARF): 3264
Weighted Average Life (WAL): 3.23 years
Weighted Average Spread (WAS) (before accounting for reference rate
floors): 3.12%
Weighted Average Coupon (WAC): not applicable
Weighted Average Recovery Rate (WARR): 46.30%
Par haircut in OC tests and interest diversion test: 2.98%
The default probability derives from the credit quality of the
collateral pool and Moody's expectations of the remaining life of
the collateral pool. The estimated average recovery rate on future
defaults is based primarily on the seniority of the assets in the
collateral pool. In each case, historical and market performance
and a collateral manager's latitude to trade collateral are also
relevant factors. Moody's incorporates these default and recovery
characteristics of the collateral pool into Moody's cash flow model
analysis, subjecting them to stresses as a function of the target
rating of each CLO liability it is analysing.
Methodology Underlying the Rating Action:
The principal methodology used in these ratings was "Moody's Global
Approach to Rating Collateralized Loan Obligations" published in
May 2024.
Counterparty Exposure:
The rating action took into consideration the notes' exposure to
relevant counterparties, such as the account bank, using the
methodology "Structured Finance Counterparty Risks" published in
May 2025. Moody's concluded the ratings of the notes are not
constrained by these risks.
Factors that would lead to an upgrade or downgrade of the ratings:
The rated notes' performance is subject to uncertainty. The notes'
performance is sensitive to the performance of the underlying
portfolio, which in turn depends on economic and credit conditions
that may change. The collateral manager's investment decisions and
management of the transaction will also affect the notes'
performance.
Additional uncertainty about performance is due to the following:
-- Portfolio amortisation: The main source of uncertainty in this
transaction is the pace of amortisation of the underlying
portfolio, which can vary significantly depending on market
conditions and have a significant impact on the notes' ratings.
Amortisation could accelerate as a consequence of high loan
prepayment levels or collateral sales by the collateral manager or
be delayed by an increase in loan amend-and-extend restructurings.
Fast amortisation would usually benefit the ratings of the notes
beginning with the notes having the highest prepayment priority.
-- Recovery of defaulted assets: Market value fluctuations in
trustee-reported defaulted assets and those Moody's assumes have
defaulted can result in volatility in the deal's
over-collateralisation levels. Further, the timing of recoveries
and the manager's decision whether to work out or sell defaulted
assets can also result in additional uncertainty. Moody's analysed
defaulted recoveries assuming the lower of the market price or the
recovery rate to account for potential volatility in market prices.
Recoveries higher than Moody's expectations would have a positive
impact on the notes' ratings.
In addition to the quantitative factors that Moody's explicitly
modelled, qualitative factors are part of the rating committee's
considerations. These qualitative factors include the structural
protections in the transaction, its recent performance given the
market environment, the legal environment, specific documentation
features, the collateral manager's track record and the potential
for selection bias in the portfolio. All information available to
rating committees, including macroeconomic forecasts, input from
Moody's other analytical groups, market factors, and judgments
regarding the nature and severity of credit stress on the
transactions, can influence the final rating decision.
MATTHEW SAND: Unsecured Creditors to be Paid in Full over 1 Year
----------------------------------------------------------------
Matthew Sand & Gravel, Inc., filed with the U.S. Bankruptcy Court
for the Eastern District of North Carolina a First Disclosure
Statement describing Plan of Reorganization dated April 10, 2025.
The Debtor filed for Chapter 11 protection on Sept. 18, 2024. At
that time, the company was engaged in litigation with Bobby Lee and
Louise B. Overby, landowners whom the company had leased land from
as part of its mining operation.
Although the company has not mined in several years, the parties
were in a dispute about how much had been mined and the state of
remediation of the site. Upon information and belief, the
landowners had also made a complaint to state and federal
government agencies about the operation and the site. The company
found itself unable to continue to fund ongoing litigation and
conduct a remediation at the same time.
The sole shareholder of the company is the president, F. Wade
Eason. The remaining officers of the company hold no equity
interest. After the sale of the assets of the company in July of
2022, the only remaining assets are the net proceeds of sale in the
operating account and possible causes of action.
During the filing, the Debtor worked with its attorney to determine
how to reach an effective reorganization of the estate. It has also
been working with state and federal authorities on a remediation
plan.
Under the Debtor's proposed Plan, there is a full payment of
administrative and priority unsecured debt, as well as pro rata
repayment to unsecured creditors.
The Plan provides that priority unsecured creditors, excluding tax
claims, will receive 100% of their allowed claims, on the Effective
Date. However, the Debtor is not aware of any creditors in this
class.
The Plan recognized the contingent and unliquidated claims of the
State of North Carolina and the United States related to the
reclamation of the Lee - Overby property. Having notice and
opportunity to state their claim and having waived that
opportunity, the Plan proposes to not make any distribution to
these possible claims for the betterment of other creditors. The
Plan provides for a pro rata distribution to Bobby Lee and Louise
B. Overby upon finalization of their claim.
The Plan calls for unsecured claims to receive pro rata
distributions up to payment in full through equal monthly payments
over one year of the Effective Date. However, the Debtor will
expedite these payments based upon any recovery from litigation.
Administrative claims shall be paid in full on the Effective Date
through the issuance of a promissory note secured by a deed of
trust on property. The only known administrative claims at this
time are attorney's fees.
The Plan calls for all priority unsecured claims to be paid in full
with interest at the statutory rate within 5 years of the Petition
Date in equal quarterly payments.
After distribution of the corpus of the estate, the Debtor will
apply for the Final Decree. Upon entry of the Final Decree, all
stock interests and any company obligations to shareholders will be
cancelled.
A full-text copy of the First Disclosure Statement dated April 10,
2025 is available at https://urlcurt.com/u?l=3KWUMS from
PacerMonitor.com at no charge.
Counsel to the Debtor:
J.M. Cook. Esq.
J.M. Cook, P.A.
5886 Faringdon Place Suite 100
Raleigh, NC 27609
Tel: (919) 675-2411
Fax: (919) 882-1719
Email: J.M.Cook@jmcookesq.com
About Matthew Sand & Gravel
Matthew Sand & Gravel, Inc., filed a Chapter 11 petition (Bankr.
D.N.C. Case No. 24-03237) on Sept. 18, 2024, with up to $500,000 in
assets and up to $50,000 in liabilities. Judge Pamela W. McAfee
oversees the case. J.M. Cook, P.A., is the Debtor's legal counsel.
MEGNA HOSPITALITY: Section 341(a) Meeting of Creditors on June 10
-----------------------------------------------------------------
On May 6, 2025, Megna Hospitality Investments Inc. filed Chapter
11 protection in the U.S. Bankruptcy Court for the Central District
of California. 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.
A meeting of creditors under Section 341(a) to be held on June 10,
2025 at 11:00 AM at UST-SVND2, TELEPHONIC MEETING. CONFERENCE
LINE:1-866-820-9498, PARTICIPANT CODE:6468388.
About Megna Hospitality Investments Inc.
Megna Hospitality Investments Inc. specializes in leasing real
estate properties.
Megna Hospitality Investments Inc. sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-10785)
on May 6, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Martin R. Barash handles the case.
The Debtors are represented by Michael Kwasigroch, Esq. at LAW
OFFICES OF MICHAEL D. KWASIGROCH.
MICKGOLDEN INC: Voluntary Chapter 11 Case Summary
-------------------------------------------------
Debtor: Mickgolden Inc.
801 Brickell Avenue
Miami, FL 33131
Business Description: Mickgolden Inc. is a single-asset real
estate debtor, as defined in 11 U.S.C.
Section 101(51B).
Chapter 11 Petition Date: May 9, 2025
Court: United States Bankruptcy Court
Southern District of Florida
Case No.: 25-15246
Judge: Hon. Corali Lopez-Castro
Debtor's Counsel: Richard Siegmeister, Esq.
RICHARD SIEGMEISTER, PA
3850 Bird Road Floor 10
Miami FL 33146
Tel: 305-859-7346
E-mail: rspa111@att.net
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $500,000 to $1 million
The petition was signed by E.H. Micklewhite as shareholder.
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/6W5GMJA/EH_Micklewhite__flsbke-25-15246__0001.0.pdf?mcid=tGE4TAMA
MOM CA: Gets Deal to Avert Chapter 11 Dismissal Motion
------------------------------------------------------
Alex Wittenberg of Law360 Bankruptcy Authority reports that a
Delaware bankruptcy judge has approved a settlement in the Chapter
11 proceedings of California hotel operator MOM CA, allowing two
creditors who accused the company of fraud to temporarily suspend
their motion to dismiss the case.
As part of the agreement, MOM CA will back the creditors’ efforts
to submit a reorganization plan, the report states.
About MOM CA Investco LLC
MOM CA Investco LLC and affiliates constitute a real estate joint
venture comprised of a portfolio of commercial properties owned by
the Debtors. The properties that make up the portfolio include
hotels, an apartment complex, office buildings, other commercial
real estate, and individual homes used as luxury vacation rentals.
The Debtors have requested joint administration of their Chapter 11
cases under lead Case No. 25-10321 (Bankr. D. Del. in MOM CA
Investco LLC).
In the petition signed by Mark Shinderman, chief restructuring
officer, the Debor disclosed up to $500 million in both assets and
liabilities.
Judge Brendan Linehan Shannon oversees the case.
The Debtors tapped Buchalter, A Professional Corporation as lead
bankruptcy counsel; Potter Anderson & Corroon, LLP as bankruptcy
co-counsel; and FTI Consulting, Inc. as restructuring advisor.
MOVELLA: Latham & Watkins Advises Francisco on Restructuring
------------------------------------------------------------
Movella Holdings Inc., a provider of sensors, software, and
analytics that enable digital motion capture, has announced the
completion of a restructuring transaction involving its
wholly-owned subsidiary, Movella Inc., and Francisco Partners, the
Company’s existing senior credit investor. In connection with the
transaction, Francisco Partners and certain of its affiliates, the
Company, Movella and certain of its subsidiaries, entered into a
restructuring agreement, resulting in Francisco Partners owning,
through a newly formed partnership, 100% of the capital stock of
Movella pursuant to Section 272(b)(2) of the Delaware General
Corporation Law.
Latham & Watkins LLP represents the Francisco Partners in the
matter with a transactional team led by partners Daniel Mun, Haim
Zaltzman, Elizabeth Oh and counsels Jennifer Wong and Ben Gelfand,
with associates Jonathan Kow and Hyunji Lee. Advice on tax matters
was provided by partner Katharine Moir and counsel William Kessler;
on government contract matters by partner Dean Baxtresser, with
associate Chris Caulder; on data and intellectual property matters
by partner Jessica Cohen; on trade control matters by counsel Ruchi
Gill, with associate Matthew Crawford; on CFIUS matters by counsel
Zachary Eddington; on data privacy matters by partner Robert
Blamires, with associates Deborah Hinck and Harry Quinn; on
benefits and compensation matters by partner Nikhil Kumar; on
public company matters by partner Michele Anderson; on white collar
matters by partners Christopher Garcia and Raquel Kellert; on China
and Hong Kong matters by partner Frank Sun, with associate Jason
Zhao.
NORTHERN HOSPITAL: S&P Lowers 2017 Revenue Bond Rating to 'CCC'
---------------------------------------------------------------
S&P Global Ratings lowered its long-term rating on Northern
Hospital District of Surry County (NHDSC), N.C.'s (doing business
as Northern Regional Hospital) series 2017 revenue bonds to 'CCC'
from 'B' and removed it from CreditWatch with negative
implications, where it was placed on Feb. 10, 2025.
The outlook is negative.
The downgrade reflects our view of NHDSC's sustained operating cash
flow losses, constrained liquidity position, and heightened
potential for debt acceleration because of expected covenant
violations relating to privately placed debt of NHDSC (unrated)
over the next year. An acceleration of the privately placed debt
would allow holders of the series 2017 bonds to accelerate as well.
NHDSC's majority bondholder across both series (by virtue of its
holding all of the larger series 2021 bonds) conditioned its waiver
for fiscal 2024 covenant violations on the district meeting a
series of targets specific to the series 2021 bonds; the district's
ability to meet and comply with its financial covenants going
forward remains uncertain, underpinning the negative outlook.
S&P said, "We view social capital risk as a weakness in our credit
rating analysis given the challenges faced with operating in a
limited service area, which results in a weaker payor mix and
underpins much of NHDSC's recent financial challenges. We view
environmental and governance factors as neutral to our credit
rating analysis but note the board is appointed by the Surry County
Commissioners. This model is typical for public hospital districts.
Both the district's CEO and CFO roles are held by interim leaders
following retirements in January 2025; the board is not expected to
name full-time executives given the ongoing strategic option
planning.
"The negative outlook reflects our view that we could lower the
rating further given uncertainty involved in NHDSC achieving
strategic and financial targets. We believe the district could
default or face a liquidity crisis over the coming 12 months absent
certain positive developments.
"We could lower the rating if we view payment default (whether on
the 2021 bonds or 2017 bonds) or bankruptcy risk as increasingly
certain over the near term, which could include further declines in
reserves. In addition, we could lower the rating if the
organization cannot meet covenant requirements related to any bonds
outstanding, and breakdowns in future waiver negotiations appear to
increase a likelihood of missed payments. We understand that
leadership is not considering bankruptcy at this time.
"We could consider a stable outlook if NHDSC meets key targets and
milestones over the next year while improving coverage so available
resources appear more capable of supporting debt service in the
near term."
NRG ENERGY: S&P Alters Outlook to Stable, Affirms 'BB' ICR
----------------------------------------------------------
S&P Global Ratings revised its outlook to stable from positive and
affirmed its 'BB' issuer credit rating on NRG Energy, Inc. (NRG),
its 'BBB-' issue-level rating on the company's senior secured debt,
its 'BB' rating on the senior unsecured debt, and its 'B' rating on
the preferred stock.
S&P said, "The recovery rating on the senior secured debt remains
'1' (rounded estimate: 95%), reflecting our expectation of very
high recovery. Our recovery rating on the senior unsecured debt
remains '4' (rounded estimate: 30%). We will update the recovery
analysis after the debt is raised and the acquisition closes.
The stable outlook reflects our expectation that leverage will be
momentarily elevated at financial close, until NRG starts paying
down debt with internally generated cash flows.
"NRG's business risk profile is unchanged at satisfactory although
we view the proposed transaction as alleviating the risks
associated with an asset-light model. With NRG's acquisition of the
LS Power assets, we view the company's business risk profile as
having somewhat improved, although it is still at the
low-to-mid-range of satisfactory. This acquisition will increase
NRG's owned generation to 24.3 gigawatts (GW) from 11.4 GW, and
improve its geographic diversity. Of more importance, key risks
associated with an asset-light model, where the company had to rely
on third parties to service its retail obligation, are
significantly reduced with this transaction." NRG's residential
portfolio in Texas will now be fully matched with its owned
generation, compared with about 88% load match initially projected
in 2025. This improvement is driven by the inclusion in the fleet
of 2.1 GW from Linebacker and the 738 megawatt (MW) portfolio
purchased from Rockland Capital LLC in April 2025. Being fully
matched reduces some of the key risks associated with an
asset-light model, including tail risks of extreme weather events
and fluctuating commodity prices.
This acquisition is a marked departure from NRG's previous strategy
of expanding the retail and home service offering, more recently
with the Direct Energy and Vivint acquisition, while selling down
generation assets (including its 44% stake in the South Texas
Project). NRG's former strategy was predicated on a secular decline
in power prices and the ability to obtain power even under stress
scenarios. The company has historically managed its retail load
with a diversified supply-procurement strategy, including bilateral
or tolling contracts, various renewable power purchase agreements,
and a fleet of peakers that could readily respond to rising demand.
Looking forward, the combination of more unpredictable weather
events, which could drive up residential demand significantly, with
rising and more volatile power prices in the Electric Reliability
Council of Texas (ERCOT), was putting the company at risk from
scarcity events. This risk was especially salient given that NRG
has experienced operational outages in the past.
NRG's retail platform continues to perform well. NRG remains one of
the largest retail providers in the U.S. in both the residential
and commercial and industrial (C&I) segments. Its total customer
count is about 8 million as of the end of 2024, including about 2.1
million Smart Home/Vivint subscribers. The company has a national
footprint with a track record of having high retention rates, while
increasing service margins. NRG's position as the No. 1 residential
provider in Texas is a key advantage, as the market allows for more
product flexibility compared with other states. As a result,
realized margins in Texas are typically higher than in other
regions, at about $40 per megawatt-hour (/MWh) for the residential
segment.
NRG's C&I position is largely in the East, where the company also
benefits from a strong position, with high retention and renewal
rates, and a track record of expanding margins. C&I load tends to
be more predictable than residential, which has allowed the company
to mostly service it with third-party generation. In the future,
the company may service its C&I load with power generated by the
Lightning fleet, depending on prevailing economics.
NRG's market diversity improves with this acquisition. With the LS
Power assets, NRG's capacity will be about 47% in ERCOT, 41% in
PJM, and 8% in NY-ISO. This compares favorably with its current
footprint, where about 81% of the capacity is in ERCOT and 18% in
PJM.
Lightning's fleet in PJM is composed of baseload combined cycle gas
turbines (CCGTs) and peakers. Access to cheaper gas has resulted in
high capacity factors for facilities such as Springdale and Doswell
through Dominion South and Ironwood, which benefit from discounted
Marcellus gas. The Doswell unit is also in the Dominion Zone, which
is experiencing datacenter growth.
S&P said, "We view greater exposure to PJM as beneficial, given the
positive secular trends in that region, which should result in
stronger power prices. Those factors include load growth, spurred
by electrification, industrial onshoring, and data center growth,
combined with the retirement of less-efficient units. NRG's
exposure to capacity markets is also increasing with the Lightning
fleet, which generates about half of its revenue from capacity
payments. We also have better visibility on upcoming capacity
prices, given the agreement reached between Pennsylvania and PJM
regarding the auction, which sets a price cap of $325 per
megawatt-day (/MW-day) and a floor price of $175/MW-day for the
next two auctions (2026-2027 and 2027-2028)."
NRG's fuel diversity compares unfavorably with that of peers. Pro
forma for the transaction, NRG's fleet will still largely be
carbon-fueled, albeit with lower exposure to coal assets. NRG's
natural gas capacity will be about 75% of the fleet, compared with
about 47% previously. Inversely, its coal assets will represent
about 25% of capacity, compared with about 53% currently. S&P views
this reduction as credit positive, as coal assets are subject to
more stringent regulatory requirements, which might affect their
ability to operate over the longer term.
NRG's fleet compares unfavorably with those of large peers such as
Vistra Corp. (Vistra) or Constellation Energy Generation Corp.
(CEG). Both companies have a larger fleet, with Vistra's total
capacity at about 41 MW and CEG at about 61 GW. They also have more
diversified fleets in terms of fuel, which includes nuclear and
renewable assets, as well as significant retail operations.
Cross-selling strategy for Vivint remains key. S&P said, "We view
the performance of the Vivint segment as adequate since the closing
of the acquisition, albeit with limited cross-selling. Some key
metrics that we monitor, such as subscriber count and average
monthly recurring revenue, are improving. At the same time, the
acquisition cost per subscriber has increased, due to higher
financing rates and higher attached rates of products. This likely
indicate that cross-selling is not yet significant, with most of
the 100,000 new subscribers gained in 2024 originating through
Vivint's own sales channels. This is important, as higher
subscriber acquisition costs need to be recouped over the life of
the contracts with customers to obtain a positive customer
long-term value (CLV). Given the high initial customer acquisition
costs, being able to retain customers through contract renewal or
extension will be key. So far, the average customer relationship is
about nine years, which we view as adequate and sufficient to
generate positive CLV."
Since late 2024, NRG has implemented a more robust cross-selling
strategy, Home Base Essentials, that is showing some positive early
indicators. Under this program, NRG's retail clients will receive a
bundle of Vivint equipment and services free of charge, if they
remain a residential power customer of NRG. We will monitor if this
approach has a positive impact on subscriber acquisition costs. S&P
will also monitor Vivint's performance in a potentially
recessionary environment, given that it would view some of those
services as discretionary.
Credit metrics remains in the significant range. S&P said, "We
anticipate leverage at closing, in late 2025 or early 2026, will be
momentarily above 4x, then decrease to the mid 3x area by the end
of 2026, as the company will have benefited from a full-year
contribution from the LS Power assets. Without this transaction,
leverage for 2025 would have been in the low 3x area, which was
underpinning the positive outlook that we have since revised to
stable."
To finance the acquisition, the company will raise a mix of secured
debt and senior unsecured debt. Lightning's $3.2 billion senior
secured debt will be fully consolidated in our metrics calculation.
S&P said, "We note the company' strong track record in terms of
deleveraging post acquisitions and anticipate meaningful
deleveraging from internally generated cash flows. We also note
that NRG's metrics also benefit from Lightning's projected robust
EBITDA of slightly over $1.0 billion for 2026, given the robust
capacity prices."
NRG's more robust capital expenditure (capex) plan will pressure
free operating cash flow (FOCF). NRG plans to add to its fleet
through growth projects, which results in lower FOCF-to-debt ratios
than historically. S&P said, "We now project FOCF to debt at about
10%, compared with 15% at the end of 2024. This difference is
largely spurred by NRG's previous approach of low capital spending
(a retail portfolio requires less capital investment than a fleet
of power plants). We don't expect a long-term negative trend in
FOCF to debt, given that the company is working on specific growth
plans that are accretive to the fleet (especially considering some
of its older coal plants are scheduled for retirement)."
NRG's development pipeline is largely geared toward dispatchable
generation in ERCOT. The company will start building the 415 MW TH
Wharton, 689 MW Cedar Bayou 5, and 443 MW Greens Bayou 6, which
will be partially financed with low-cost financing from the Texas
Energy Fund (TEF). S&P is also projecting robust maintenance capex
of about $200 million-$300 million annually for the company, given
the average age of the fleet is about 32 years.
S&P said, "We would view Lightning as a core subsidiary of NRG. We
would view Lightning as a core subsidiary of NRG, largely driven by
its strong strategic importance to the company. We also expect that
NRG will opportunistically refinance the debt at Lightning at NRG's
level, such that there will be no debt remaining at the
subsidiary.
"The stable outlook reflects our expectation that NRG will delever
following its acquisition of the LS Power portfolio. We expect
leverage will momentarily rise above 4x at closing, and then
decrease to the mid 3x area by 2026, as the company receives a full
yearly contribution from the LS Power assets. We anticipate this
improvement will be largely spurred by debt repayment, which should
be supported by NRG's strong free cash flow conversion rate. We
also anticipate that NRG will successfully integrate the LS Power
portfolio, given its strong track record of integration while
maintaining a market leadership position in retail across the
U.S."
S&P could take a negative rating action if:
-- Debt to EBITDA rises above 4.50x and stays there; or
-- FOCF to debt falls below 10% and remains there.
This could occur if NRG revises its financial policy, which results
in lower-than-expected debt repayment; or if the company's
performance in the retail or wholesale segments is below our
expectation. This could also occur if NRG experienced material
operational issues that negatively affected its ability to serve
its retail obligations.
S&P could take a positive rating action if adjusted debt to EBITDA
nears 3.5x and FOCF to debt increases above 12% and remains there,
while NRG demonstrates successful execution of its integration
strategy and other key performance measures.
ORACLES CAPITAL: Case Summary & Five Unsecured Creditors
--------------------------------------------------------
Debtor: Oracles Capital Inc.
529 SE Central Parkway
Stuart, FL 34994
Business Description: Oracles Capital Inc., through Oracles Craft
Brands, imports, distributes, and supplies
beer, wine, and distilled spirits across the
United States. The Company owns a portfolio
of brands and supports its distribution
partners with a national sales team to
strengthen market presence and brand
longevity.
Chapter 11 Petition Date: May 12, 2025
Court: United States Bankruptcy Court
District of Delaware
Case No.: 25-10870
Judge: Hon. Laurie Selber Silverstein
Debtor's Counsel: Ronald S. Gellert, Esq.
GELLERT SEITZ BUSENKELL & BROWN, LLC
1201 N. Orange Street
Suite 300
Wilmington, DE 19801
Tel: (302) 425-5806
Email: rgellert@gsbblaw.com
Total Assets: $1,254,476
Total Liabilities: $245,221
The petition was signed by Courtney Hughes as chief operating
officer.
A full-text copy of the petition, which includes a list of the
Debtor's five unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/G7GLNQA/Oracles_Capital_Inc__debke-25-10870__0001.0.pdf?mcid=tGE4TAMA
PARADOX ENTERPRISES: Gets OK to Use Cash Collateral Until May 22
----------------------------------------------------------------
Paradox Enterprises, LLC received interim approval from the U.S.
Bankruptcy Court for the Eastern District of Tennessee, Winchester
Division to use cash collateral until May 22, marking the 10th
extension since the company's Chapter 11 filing.
The 10th interim order authorized the company to use cash
collateral to pay the expenses set forth in its budget and fund
payments to Legalist DIP Fund I, LP and Legalist DIP SPV II, LP.
The company's budget shows total disbursements of $32,250 for May.
Legalist DIP Fund I and Legalist DIP SPV will be granted a
replacement lien to the extent that the use of cash collateral
results in a decrease in the value of their collateral. In
addition, the secured creditors will receive weekly payments of
$4,000 from Paradox as adequate protection.
A final hearing is scheduled for May 22.
Legalist DIP Fund and Legalist DIP SPV are represented by:
Gregory C. Logue, Esq.
Woolf, McClane, Bright, Allen & Carpenter, PLLC
P.O. Box 900
Knoxville, TN 37901
Phone: (865)215-1000
Fax: (865)215-1001
logueg@wmbac.com
About Paradox Enterprises
Paradox Enterprises, LLC owns various properties valued at $6.1
million.
Paradox Enterprises sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tenn. Case No. 24-10826) on April 5,
2024, with $6,174,373 in assets and $13,012,125 in liabilities.
Eric Shelley, managing member, signed the petition.
Judge Nicholas W. Whittenburg oversees the case.
The Debtor is represented by:
Denis Graham Waldron, Esq.
Dunham Hildebrand, PLLC
Tel: 629-777-6519
Email: gray@dhnashville.com
PARAGON MOVING: Case Summary & 18 Unsecured Creditors
-----------------------------------------------------
Debtor: Paragon Moving & Storage, Inc.
17200 Medina Road
Minneapolis, MN 55447
Business Description: Paragon Moving & Storage offers residential,
commercial, and international moving
services, along with designer logistics and
storage solutions. Founded in 1989, the
Company operates a 55,000-square-foot,
temperature-controlled warehouse in the Twin
Cities area, providing secure storage for
military and civilian clients. Paragon
partners with Wheaton World Wide Moving for
interstate and global relocations.
Chapter 11 Petition Date: May 12, 2025
Court: United States Bankruptcy Court
District of Minnesota
Case No.: 25-41513
Debtor's Counsel: Jeffrey Butwinick, Esq.
BUTWINICK LAW OFFICE
7800 Metro Parkway 300
Minneapolis MN 55425
Tel: (651) 210-5055
Fax: (651) 560-7135
E-mail: jeff@butwinicklaw.com
Total Assets: $267,899
Total Liabilities: $1,022,870
Josh Gjerdingen signed the petition as CEO.
A full-text copy of the petition, which includes a list of the
Debtor's 18 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/BDT7MII/Paragon_Moving__Storage_Inc__mnbke-25-41513__0001.0.pdf?mcid=tGE4TAMA
PARKER ESTATES: Court Extends Cash Collateral Access to May 21
--------------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of Pennsylvania
issued its 14th interim order allowing Parker Estates, LLC and its
affiliates to use cash collateral until May 21.
The interim order authorized the companies to use cash collateral
to fund the payments set forth in their projected budget and
prohibited the companies from disposing of any assets without an
order of the court.
As protection, secured lenders were granted replacement liens on
and security interests in the companies' property similar to their
pre-bankruptcy collateral.
In case of any diminution in the value of their cash collateral,
secured lenders will be granted a superpriority administrative
expense claim.
A final hearing is scheduled for May 21.
About Parker Estates LLC
Parker Estates, LLC filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. E.D. Pa. Case No. 24-11539) on May
6, 2024, with $500,001 to $1 million in assets and $100,001 to
$500,000 in liabilities.
Judge Ashely M. Chan presides over the case.
The Debtor is represented by:
Ronald S. Gellert, Esq.
Gellert Seitz Busenkell & Brown, LLC
Tel:302-425-5806
Email: rgellert@gsbblaw.com
PIZZA VOLTA SH: Case Summary & One Unsecured Creditor
-----------------------------------------------------
Debtor: Pizza Volta SH, LLC
120 N. Cache Street, #1137
Jackson, WY 83001
Business Description: Pizza Volta SH, LLC was a restaurant located
at 120 N. Cache Street, #1137, Jackson, WY
83001, offering handcrafted pizzas, fresh
salads, and house-made desserts. The
establishment focused on using organic,
locally sourced ingredients and supported
the community through its "Pizza for a
Purpose" initiative, donating a portion of
sales to local nonprofits.
Chapter 11 Petition Date: May 9, 2025
Court: United States Bankruptcy Court
District of Wyoming
Case No.: 25-20188
Judge: Hon. Cathleen D Parker
Debtor's Counsel: Stephen R. Winship, Esq.
WINSHIP & WINSHIP, PC
145 South Durbin Street, Suite 201
Casper, WY 82601
Tel: 307-234-8991
Fax: 307-234-1116
E-mail: steve@winshipandwinship.com
Total Assets: $306,580
Total Liabilities: $1,835,681
The petition was signed by Martin Brass as manager.
De Anza Properties, located at 960 North San Antonio Road, #114,
Los Altos, CA 94022, is the sole unsecured creditor of the Debtor.
The creditor holds a claim of $497,933 related to a lease dispute.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/KUZ3LHI/Pizza_Volta_SH_LLC__wybke-25-20188__0001.0.pdf?mcid=tGE4TAMA
POTTSVILLE OPERATIONS: Seeks to Extend Plan Exclusivity to June 12
------------------------------------------------------------------
Pottsville Operations, LLC, and affiliates asked the U.S.
Bankruptcy Court for the Western District of Pennsylvania to extend
their exclusivity periods to file a plan of reorganization and
obtain acceptance thereof to June 12 and August 11, 2025,
respectively.
The Pottsville Debtors spent a substantial amount of time (i)
getting approval of the sale of substantially all of the Debtors'
respective assets (the "Sale"); and (ii) closing (the "Closing")
the Sale.
Since the Closing, the Debtors have been working with the buyers to
transition the operations of the Pottsville Debtors to the new
buyers. Likewise, the Pottsville Debtors' professionals have spent
a substantial amount of their time gaining approval of a sale in
the Care Pavilion Cases.
The Pottsville Debtors and Pottsville Committee have been working
together to draft and negotiate a plan of reorganization. However,
the parties need more time to complete the Plan and need to extend
the Exclusive Periods in the interim. Additionally, because the
Pottsville Debtors and Pottsville Committee have been jointly
working on the Plan, the Pottsville Debtors request the Committee
be included as a party with joint exclusivity to file the Plan.
The Pottsville Debtors claim that they have been paying their
undisputed post-petition bills. The Pottsville Debtors are current
on their payments to the U.S. Trustee on account of quarterly fees.
Moreover, the Pottsville Debtors have sufficient liquidity to
continue to meet their post-petition obligations. Thus, the
requested extension of the Exclusive Periods will not jeopardize
the rights of creditors and other parties who do business with the
Pottsville Debtors during the Chapter 11 Case.
The Debtors' Counsel:
Elizabeth A. Green, Esq.
Andrew V. Layden, Esq.
BAKER & HOSTETLER LLP
SunTrust Center, Suite 2300
200 South Orange Avenue
Orlando, Florida 32801-3432
Tel: (407) 540-7920
Fax: (407) 841-0168
E-mail: egreen@bakerlaw.com
E-mail: alayden@bakerlaw.com
The Debtors' Local Counsel:
Daniel R. Schimizzi, Esq.
Mark A. Lindsay, Esq.
Harry A. Readshaw, Esq.
Jordan N. Kelly, Esq.
Sarah E. Wenrich, Esq.
RAINES FELDMAN LITTRELL, LLP
11 Stanwix Street, Suite 1100
Pittsburgh, PA 15222
Tel: 412-899-6474
E-mail: dschimizzi@raineslaw.com
mlindsay@raineslaw.com
hreadshaw@raineslaw.com
jkelly@raineslaw.com
swenrich@raineslaw.com
About Pottsville Operations
Pottsville Operations LLC and its affiliates own and operates six
skilled nursing facilities in Pennsylvania. Collectively,
Pottsville has 925 beds across the six facilities, and 759
residents currently at the Facilities as of the Petition Date.
Pottsville acquired the facilities in May of 2021.
Pottsville Operations and its 10 affiliates sought relief under
sought relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
W.D. Penn. Lead Case No. 24-70418) on Oct. 15, 2024. In the
petition signed by Neil Luria, as chief restructuring officer,
Pottsville reports estimated assets between $1 million and $10
million and estimated liabilities between $10 million and $50
million.
Bankruptcy Judge Jeffery A Deller handles the cases.
The Debtors tapped Baker & Hostetler, LLP as general bankruptcy
counsel; and RAaines Feldman Littrell, LLP as local counsel. SOLIC
Capital Advisors LLC is serving as financial advisor, and Solic's
Neil Luria has been tapped as CRO of the Debtors. Stretto, Inc. is
the claims agent.
Margaret Barajas is the patient care ombudsman appointed in the
Debtors' cases.
PRESBYTERIAN HOMES: Seeks to Extend Plan Exclusivity to July 14
---------------------------------------------------------------
Presbyterian Homes and Services of Kentucky, Inc. and St. James
Group Inc. asked the U.S. Bankruptcy Court for the Western District
of Kentucky to extend their exclusivity periods to file a plan of
reorganization and obtain acceptance thereof to July 14 and
September 12, 2025, respectively.
The Debtors seek an extension of their exclusivity period for
filing and soliciting acceptances of a plan. Debtors and their
professionals need additional time to gather and analyze relevant
data for purposes of proposing a feasible and confirmable chapter
11 plan.
Additionally, Debtors are continuing to evaluate their
reorganization strategy including, but not limited to, partial
liquidation of remaining estate assets. The extension requested
herein will enable Debtors maximize the value of their estates, and
enable all parties in interest to have more information to base
their analyses of Debtors' chapter 11 plan(s) once filed.
Consequently, Debtors request additional time to formulate their
chapter 11 plan. Debtors request an extension of ninety days,
through and including July 14, for filing their disclosure
statement(s) and chapter 11 plan(s) and an extension through
September 12, 2025, for their exclusive right to solicit
acceptances of a chapter 11 plan.
About Presbyterian Homes and Services of Kentucky
Presbyterian Homes and Services of Kentucky, Inc. sought protection
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D. Ky. Case
No. 24-33060) on December 15, 2024, listing up to $10 million in
both assets and liabilities. Hattie H. Wagner, president and chief
executive officer of Presbyterian, signed the petition.
Judge Alan C. Stout oversees the case.
Charity S. Bird, Esq., at Kaplan Johnson Abate & Bird, LLP,
represents the Debtor as legal counsel.
Stock Yards Bank & Trust Company, as secured creditor, is
represented by:
Edward M. King, Esq.
Jamie Brodsky, Esq.
Frost Brown Todd, LLP
400 W. Market Street, 32nd Floor
Louisville, Kentucky 40202
Telephone: (502) 589-5400
Hardin KY Opco and Hardin KY Propco, as secured creditors, are
represented by:
Mary Elisabeth Naumann, Esq.
Chacey R. Malhouitre, Esq.
Jackson Kelly, PLLC
100 W. Main Street, Ste. 700
Lexington, KY 40507
Telephone: (859) 255-9500
Facsimile: (859) 252-0688
Email: mnaumann@jacksonkelly.com
chacey.malhouitre@jacksonkelly.com
RADFORD MOTORS: Court Converts Chapter 11 Bankruptcy to Chapter 7
-----------------------------------------------------------------
Cover Media reports that a Delaware bankruptcy court order,
obtained by People magazine, converted the company's bankruptcy
status from Chapter 11—filed in October 2024—to Chapter 7 in an
effort to provide "relief" amid its ongoing legal issues.
Radford initially filed for Chapter 11 after being accused of
accepting customer deposits without delivering the promised
vehicles. Chapter 7 bankruptcy typically involves asset liquidation
and may result in the company's closure, though it is still
uncertain if Radford Motors will shut down, according to Cover
Media.
About Finest Coachbuilding Group
Finest Coachbuilding Group, LLC, doing business as Radford Motors,
specializes in the creation of bespoke, luxury vehicles. It is
based in Costa Mesa, Calif.
Finest Coachbuilding Group filed Chapter 11 petition (Bankr. D.
Del. Case No. 24-12327) on October 10, 2024, listing between $1
million and $10 million in both assets and liabilities. Daniel
Bednarski, chief financial officer and chief operating officer,
signed the petition.
Judge John T. Dorsey handles the case.
The Debtor tapped Mark W. Eckard, Esq., at Raines Feldman Littrell,
LLP as legal counsel and Force Ten Partners, LLC as financial
advisor.
RATZ TRANSPORT: Court OK's Trailer Sale to Welch Trucking for $45K
------------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Georgia,
Gainesville Division, has approved RSTZ Transport Inc. to sell 2020
CIMC R8000B Trailer, free and clear of liens, interests, and
encumbrances.
The Court has authorized the Debtor to sell the trailer for a total
purchase price of $45,000.00 to Welch Trucking Inc.
The Court has determined that there are no objections to the motion
and found that due and proper notice was given to all parties in
interest.
The Court held that the Purchaser is good faith purchaser and is
entitled to the protections of the Chapter 11.
The Debtor is ordered to executive and deliver all documents
necessary to sell the Trailer.
The Court further held that all liens, claims, encumbrances, and
interests on the Trailer will be deemed divested, released, and
terminated. All obligations, liabilities, liens, and encumbrances
of any kind or nature shall attach to the proceeds of the sale.
The Purchaser will pay to the Debtor the price of $45,000 and
Debtor will immediately remit the proceeds to Lender.
About RSTZ Transport Inc.
RSTZ Transport Inc. is a Georgia-based corporation operating in the
general freight trucking industry.
RSTZ Transport filed Chapter 11 petition (Bankr. N.D. Ga. Case No.
25-20123) on January 31, 2025, listing total assets of $3,464,462
and total liabilities of $4,588,041.
Judge James R. Sacca oversees the case.
Ian Falcone, Esq., at The Falcone Law Firm, PC is the Debtor's
bankruptcy counsel.
RKSR INVESTMENTS: Files Amendment to Disclosure Statement
---------------------------------------------------------
RKSR Investments, LLC, submitted an Amended Disclosure Statement
describing Plan of Reorganization.
The Debtor owns real property located at 3000 Glacier Pass Lane,
Cedar Park, TX 78613.
The Debtor placed the property on the market for $7.5 million and
then reduced the asking price to $7.0 million. The Debtor has
multiple parties interested in purchasing the property.
The plan proposes to sell the Debtor's real property and distribute
the funds to the parties determined to be entitled to receive such
proceeds.
On January 3, 2025, Wallis Bank filed a motion for relief from the
automatic stay. The Court conducted a hearing on Feb. 4, 2025. The
Court made an oral ruling on April 10, 2025. The Court conditioned
the automatic stay upon making adequate protection payments in the
amount of $42,385.20 with the first payment due on April 30, 2025.
If the Debtor fails to make any adequate protection payment it will
be entitled to one 10-day notice of default.
On February 6, 2025, the Debtor filed an application to employ Don
Quick & Co. as its broker. The Court granted this motion on April
10, 2025.
The Amended Disclosure Statement does not alter the proposed
treatment for unsecured creditors and the equity holder:
* Class 5 shall consist of the Allowed Claims of Unsecured
Creditors. Upon sale of the Debtor's real property, the Debtor
shall pay the Allowed Unsecured Creditors in full. The allowed
unsecured claims total $29,692.36. Class 5 is impaired.
* Class 6 shall consist of the Equity Interests of the Debtor.
The Class 6 Equity Holder shall not receive any distributions until
the Allowed Claims in Classes 1 to 5 have been paid. The Class 6
Equity Interests shall be retained. Class 6 is impaired.
The feasibility of the Plan depends on the ability of the Debtor to
sell the real property. The Debtor believes that the property is in
a desirable area and should be able to sell for a fair price. The
Debtor is presently in negotiations with several prospective
purchasers.
Feasibility also depends upon Dr. Punjabi being able to fund the
monthly interest payments required by the plan in the amount of
$41,955.65 plus the one-time payment to a priority creditor of
$2,515.69. If the Debtor requires a full six months to sell the
property, this would require a post-confirmation loan to the Debtor
of $254,249.59.
A full-text copy of the Amended Disclosure Statement dated April
10, 2025 is available at https://urlcurt.com/u?l=spoaIN from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Stephen Sather, Esq.
Barron & Newburger P.C.
7320 N. Mopac Expressway, Ste. 400
Austin, TX 78731
Telephone: (512) 476-9103
Email: ssather@bn-lawyers.com
About RKSR Investments
RKSR Investments LLC is a Single Asset Real Estate debtor (as
defined in 11 U.S.C. Section 101(51B)).
RKSR Investments sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 24-11528) on Dec. 2,
2024. In the petition filed by Dr. Narendra Punjabi, as manager,
the Debtor estimated assets and liabilities between $1 million and
$10 million each.
Bankruptcy Judge Shad Robinson oversees the case.
The Debtor is represented by Stephen W. Sather, Esq. at BARRON &
NEWBURGER, P.C.
SAM'S CRAB: Unsecureds Will Get 6.5% of Claims over 60 Months
-------------------------------------------------------------
Sam's Crab House, LLC, filed with the U.S. Bankruptcy Court for the
Eastern District of Virginia a Chapter 11 Plan of Reorganization
dated April 9, 2025.
The Debtor has operated a restaurant since 2013. The first
restaurant was a crab house that operated at 4001 Richmond
Highway.
The Debtor decided to join forces with Haughton and open a similar
restaurant/night club in the location New Satellite was vacating,
4000 Richmond Highway. The Debtor suffered setbacks in Petersburg
that caused a drain on his resources and ultimately the closure of
that location. Debtor also experienced a loss from the apparent
theft of income from Haughton. Haughton left the business instead
of facing possible criminal charges.
This left Debtor to continue the business on his own without
nightclub experience, which proved to be a steep learning curve
which led to Debtor filing this Chapter 11 case. As such, on
January 8, 2025 (the "Petition Date"), the Debtor commenced this
bankruptcy case (by filing a voluntary petition for relief under
chapter 11 of the Bankruptcy Code and in an amended petition,
elected to proceed under Subchapter V of chapter 11.
By and through this Plan, the Debtor seeks to reorganize its debts
in a manner that will improve its cash flow such that it may
provide repayment to its secured creditors in a feasible and
economically realistic manner.
This Plan under chapter 11 of the Bankruptcy Code proposes paying
creditors of the Debtor from its income.
The Debtor shall submit such portion of its future income to the
Plan as is necessary for the execution of the Plan in accordance
with Section 1190(2) of the Bankruptcy Code. Under this Plan, the
Debtor shall make the following monthly plan payments (the "Monthly
Plan Payments" or the "MPP").
Class 3 consists of General Unsecured Claims. General unsecured
claims will be paid 6.5% of their claims in equal payments over 60
months. Total unsecured payment is $172 per month. The allowed
unsecured claims total $158,461.67. Class 3 is impaired by the
Plan.
Class 4 consists of Equity Interests in Sam's Crab House LLC. The
holder of the equity interests, Heng Sam Chhay, shall retain his
interests in Sam's Crab House LLC, but shall not be entitled, and
shall not receive, any distribution of available Cash on account of
such equity interests during the Plan Term.
The Debtor will fund its Plan from its operating income as
otherwise set forth in this Plan. Upon and after the Effective
Date, the reorganized Debtor shall have all powers provided for
under this Plan and the Confirmation Order and shall have all of
the powers provided by Section 1184 of the Bankruptcy Code. The
Debtor's disposable income shall be utilized to complete the
Monthly Plan Payments.
A full-text copy of the Plan of Reorganization dated April 9, 2025
is available at https://urlcurt.com/u?l=dlPTuS from
PacerMonitor.com at no charge.
Counsel for the Debtor:
Kimberly A. Kalisz, Esq.
Conway Law Group, PC
1320 Central Park Blvd, #200
Fredericksburg, VA 22401
Telephone: (855) 848-3011
Facsimile: (571) 285-3334
Email: kimberly@conwaylegal.com
About Sam's Crab House
Sam's Crab House, LLC, is a restaurant operator based in Richmond,
Va.
Sam's Crab House filed a Chapter 11 petition (Bankr. E.D. Va. Case
No. 25-30071) on Jan. 9, 2025. In its petition, the Debtor
reported assets between $50,000 and $100,000 and liabilities
between $100,000 and $500,000.
Judge Keith L. Phillips oversees the case.
The Debtor is represented by Kimberly Ann Kalisz, Esq., at Conway
Law Group, PC.
Ameris Bank, as secured creditor, is represented by:
Pierce C. Murphy, Esq.
Silverman Thompson Slutkin & White, LLC
400 East Pratt Street, Suite 900
Baltimore, MD 21202
(410)-385-2225
(410)-547-2432 (facsimile)
pmurphy@silvermanthompson.com
SCHAFER FISHERIES: Amends Motion to Sell Lee County Property
------------------------------------------------------------
Schafer Fisheries Inc. seeks permission from the U.S. Bankruptcy
Court For the Northern District of Illinois, Western Division, to
amend motion to sell Real Property located at 6 North Range 5 West
in Jefferson Township, Lee County, Iowa to Chislon Investments LLC,
free and clear of liens, interests, and encumbrances.
The Debtor's Property with any easements is subject to the
following:
a. any zoning and other ordinances;
b. any covenants of record; and
c. any easements of record for public utilities, roads, and
highways.
The purchase price of the Property is $190,000 which shall be paid,
in full, at closing.
Buyer shall pay interest at the rate of 7% per annum on all
delinquent amounts and any sum reasonably advanced by Seller to
protect interest in the contract.
The Seller will pay real estate taxes prorated to the date of
closing and any unpaid real estate taxes payable in prior years
The Seller will also pay all special assessments which are a lien
on the Real Estate of the date of the contract.
Seller will also maintain existing insurance upon the Real Estate
until the date of possession.
Seller shall take good care of the property, shall keep the
building and other improvements now or later placed on the Real
Estate in good and reasonable repair and shall not inquire, destroy
or remove the Property during the term of the contract.
About Schafer Fisheries Inc.
Schafer Fisheries Inc. is a seafood processor and distributor in
Fulton, Ill.
Schafer Fisheries filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-80824) on June
20, 2024, listing between $100,001 and $500,000 in assets and
between $1 million and $10 million in liabilities. Jennifer Schank
of Fuhrman & Dodge, S.C. serves as Subchapter V trustee.
Judge Thomas M. Lynch oversees the case.
Schafer Fisheries tapped The Golding Law Offices PC and Leibowitz,
Hiltz & Zanzig, LLC as bankruptcy counsel, and Philip Firrek as
consultant.
The Debtor is represented by Richard N. Golding, Esq., at Law
Offices Of Richard N. Golding, P.C.
SEAGATE DATA: S&P Rates Unsecured Notes 'BB' for Debt Repayment
---------------------------------------------------------------
S&P Global Ratings assigned its 'BB' issue-level rating and '3'
recovery rating to hard disk drive (HDD) maker Seagate Technology
Holdings PLC's (Seagate Technology) new unsecured notes, the same
ratings S&P assigned to its existing unsecured notes.
The company will use the proceeds to redeem its notes due in 2027.
S&P's 'BB' issuer credit rating and positive outlook on Seagate are
unchanged.
Subsidiary Seagate Data Storage Technology Pte. Ltd. (SDST) will be
the issuer of the new notes, and Seagate Technology, Seagate
Technology Unlimited Co., Seagate HDD Cayman (Cayman) will be
guarantors. The guarantors are the same as the obligors on
Seagate's existing debt. SDST is not an obligor on the existing
notes, but we believe this does not give the new notes an advantage
because any value must pass through Cayman before getting to SDST.
The revolving credit facility benefits from subsidiary guarantees
that the notes do not, so S&P treats it as having priority on the
value from those guarantor subsidiaries.
Seagate demonstrated robust performance last quarter with revenue
of $2.2 billion, a 31% year-over-year increase. The company's
recovery continues to gain momentum, primarily driven by strong
demand from cloud service providers. Revenue guidance of $2.4
billion (plus or minus $150 million) for the upcoming quarter
represents an 11% sequential increase at the midpoint and 27% year
over year. Mass capacity HDD revenue was $1.75 billion compared to
prior highs of about $2 billion during 2021 and 2022, which
indicates room for growth. Gross margin improved to 36.2%, which
stems from cost efficiency measures implemented during the previous
market downturn. Seagate reported order visibility into the first
half of 2026 as it negotiates build-to-order agreements. The firm
underserved the market last quarter due to prior operational issues
that are now resolved, with no evidence of inventory buildup or
double ordering.
Management anticipates minimal direct impact from recently
announced tariffs in the June quarter because Seagate's products
are currently exempt from U.S. tariffs. While acknowledging that
tariffs could affect customer buying decisions, the company has not
yet observed significant changes in customer behavior. Seagate is
developing contingency plans that include geographic shifts in
manufacturing, with management emphasizing that increasing prices
is a last resort.
S&P said, "We estimate S&P Global Ratings-adjusted net leverage of
2.4x through the March quarter. We could raise the rating over the
next few quarters if we believe the strong hyperscale investment
cycle will continue, allowing Seagate to sustain leverage below 2x
and free operating cash flow to debt above 15%. We could revise the
outlook to stable from positive if the long-term tariff framework
is unfavorable or weak macroeconomic conditions cause hyperscalers
to reign in investment plans, such that we expect leverage to
remain above 2x during midcycle conditions."
ISSUE RATINGS -- RECOVERY ANALYSIS
Key analytical factors
-- Seagate's capital structure includes an unsecured credit
facility and several tranches of unsecured notes.
-- S&P values Seagate on a going-concern basis because it believes
reorganization would yield more value for creditors than
liquidation. The company's position in a consolidated market and
its HDD technology make it a viable business.
-- S&P values Seagate using a 6x multiple of its projected
emergence EBITDA, at the midpoint of the range of multiples it uses
for the technology hardware and semiconductor sector.
-- S&P's simulated default scenario assumes a payment default in
2030 due to a lack of industry supply discipline that increases
price competition among industry participants. This is compounded
by flash prices falling faster than S&P expects, which allows that
technology to capture more use cases from HDDs.
-- S&P treats claims from unsecured credit facility lenders as
having priority over the claims of bondholders because subsidiaries
that represent a significant share of the company's revenue and
profit guarantee the revolving credit facility and term loan but
not the notes.
Simulated default assumptions
-- Year of default: 2030
-- EBITDA at emergence: $725 million
-- EBITDA multiple: 6x
-- Revolver: 85% drawn at default
Simplified waterfall
-- Net enterprise value (after 5% administrative costs): $4.1
billion
-- Priority claims: $1.2 billion
-- Value available to unsecured bondholder claims: $3.0 billion
-- Senior unsecured bond claims: $5.3 billion
--Recovery expectations: 50%-70% (rounded estimate: 55%)
SILVERROCK DEVELOPMENT: Plan Exclusivity Period Extended to Aug. 1
------------------------------------------------------------------
Judge Mary F. Walrath of the U.S. Bankruptcy Court for the District
of Delaware extended SilverRock Development Company, and
affiliates' exclusive periods to file a plan of reorganization and
obtain acceptance thereof to August 1 and October 3, 2025,
respectively.
As shared by Troubled Company Reporter, the Debtors explain that
they have retained Christopher Sontchi as their Independent
Manager. Under Mr. Sontchi's oversight, the Debtors have recently,
among other things obtained debtor-in-possession financing,
retained JLL to market the Project Opportunity and have gotten
bidding procedures approved. The Debtors are currently in the
process of marketing the Project Opportunity, a process which is
expected to take several more months.
The Debtors claim that given the significant progress made by the
companies under Mr. Sontchi's stewardship, this extension request
is reasonable and is consistent with the efficient prosecution of
the chapter 11 cases. Granting the Motion will provide the Debtors
with additional time to complete a thorough marketing process, sell
the Project Opportunity, and confirm a chapter 11 plan for the
benefit of all stakeholders.
Consequently, the relief requested herein is necessary. Allowing
the Exclusivity Periods to lapse now would defeat the very purpose
of section 1121 and deprive the Debtors and their creditors of the
benefit of a meaningful and reasonable opportunity to negotiate and
confirm an optimal Chapter 11 Plan that maximizes the returns of
all constituencies to the estates.
The Debtors assert that Creditors will not be harmed by extending
exclusivity at this time. The Debtors intend to use the extended
Exclusive Periods to, in addition to marketing the project
opportunity, resolve potential preferential and/or fraudulent
transfers and work constructively with the Debtors' major
constituents to maximize recoveries for the Debtors, their estates,
and their creditors.
Counsel to the Debtors:
ARMSTRONG TEASDALE LLP
Jonathan M. Stemerman, Esq.
Eric M. Sutty, Esq.
1007 North Market Street, Third Floor
Wilmington, Delaware 19801
Telephone: (302) 416-9670
Email: jstemerman@atllp.com
esutty@atllp.com
-and-
Victor A. Vilaplana, Esq.
823 La Jolla Rancho Rd.
La Jolla, CA 92037
Telephone: (619) 840-4130
Email: vavilaplana@g
-and-
Benjamin M. Carson, Esq.
5965 Village Way, STE E105
San Diego, CA 92130
Telephone: (858) 255-4529
Email: ben@benjamincarsonlaw.com
About SilverRock Development Company
SilverRock Development Company, LLC, is a San Diego, Calif.-based
company primarily engaged in renting and leasing real estate
properties.
SilverRock filed a Chapter 11 petition (Bankr. D. Del. Lead Case
No. 24-11647) on Aug. 5, 2024, with $100 million to $500 million in
both assets and liabilities. Robert S. Green, Jr., chief executive
officer, signed the petition.
Judge Mary F. Walrath handles the case.
The Debtor is represented by Jonathan M. Stemerman, Esq., at
Armstrong Teasdale.
SURRY NORTHERN HOSPITAL: Moody's Lowers Revenue Bond Rating to Caa1
-------------------------------------------------------------------
Moody's Ratings has downgraded Northern Hospital District of Surry
County's (NC) (NHSC) revenue bond rating to Caa1 from B2. The
outlook remains negative. NHSC had approximately $29 million of
debt outstanding at FYE 2024.
The downgrade to Caa1 reflects NHSC's rapid cash deterioration and
inability to stem operating cash flow losses amid a prolonged
period of severe financial stress.
RATINGS RATIONALE
The Caa1 rating balances Northern Hospital District of Surry
County's position as a community hospital with solid 45% inpatient
market share against significant financial losses and very weak and
declining liquidity. NHSC reported 30 days cash on hand at March
31, 2025, significantly below Moody's expectations, driven by
operating cash flow losses; the organization had 46 days cash on
hand at FYE 2024. Though the organization expects to receive a $15
million grant that would more than double cash reserves, it is
restricted for capital or retirement of debt, limiting its use for
daily operating expenses. NHSC posted a -2.1% operating cash flow
margin through the first six-months of 2025, which is improved over
recent quarters, but the slow pace of improvement and ongoing cash
flow losses signal further erosion of liquidity. Rebuilding
operating cash reserves to stronger levels will be challenging
without material performance improvement. NHSC's small size
inhibits financial flexibility and contributes to volatile
quarterly operating performance. While NHSC secured a waiver under
its bank agreement for its fiscal 2024 liquidity covenant breach,
NHSC is unlikely to meet service coverage covenant requirements at
fiscal year-end 2025, under both the MTI and bank agreements, which
could result in acceleration.
RATING OUTLOOK
The negative outlook reflects the risks of further cash
deterioration as cash flow losses continue and debt payments and
other payables come due, the confluence of which increases the
risks of a default, bankruptcy filing or liquidation.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATING
-- Material and sustained improvement toward positive cash flow,
improving financial covenants headroom
-- Meaningful and sustained liquidity growth, without one-time
receipts reserved for capital
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATING
-- Inability to stem cash flow losses and stabilize liquidity
-- Default, bankruptcy filing and/or liquidation
-- Failure to prevent debt acceleration
PROFILE
Northern Hospital District of Surry County is a public stand-alone
hospital, comprised of 133 beds and located in Mount Airy in Surry
County, NC serving Surry County in North Carolina as well as
Carroll and Patrick Counties in Virginia. The organization includes
The Northern Surry Foundation for Better Health, Inc.
METHODOLOGY
The principal methodology used in this rating was Not-for-profit
Healthcare published in October 2024.
TECHNO TOY: Case Summary & Five Unsecured Creditors
---------------------------------------------------
Debtor: Techno Toy Tuning, LLC
4211 Business Drive, Suite A
Shingle Springs, CA 95682
Business Description: Techno Toy Tuning designs and manufactures
performance parts for vintage and classic
cars, specializing in modifications for
brands such as Toyota, Datsun/Nissan, Mazda,
Mitsubishi, Lotus, BMW, Chevrolet, and Ford.
Founded by a pair of automotive enthusiasts,
the Company initially began with a custom
short shift kit for an AE86 Corolla, which
led to the creation of the brand. Over
time, Techno Toy Tuning's products have
evolved through customer feedback, with many
parts developed in response to requests from
dedicated car enthusiasts working on rare or
obscure vehicles.
Chapter 11 Petition Date: May 10, 2025
Court: United States Bankruptcy Court
Eastern District of California
Case No.: 25-22317
Judge: Hon. Christopher M Klein
Debtor's Counsel: Arasto Farsad, Esq.
FARSAD LAW OFFICE, P.C.
1625 The Alameda, Suite 525
San Jose, CA 95126
Tel: 408-641-9966
E-mail: Farsadlaw1@gmail.com
Total Assets: $398,243
Total Liabilities: $2,538,539
The petition was signed by Gabriel Tyler as CEO.
A full-text copy of the petition, which includes a list of the
Debtor's five unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/GD6O3FY/Techno_Toy_Tuning_LLC__caebke-25-22317__0001.0.pdf?mcid=tGE4TAMA
TREESAP FARMS: Gets Court Okay for $88MM Chapter 11 Sale to CEO
---------------------------------------------------------------
Hilary Russ of Law360 Bankruptcy Authority reports that on May 12,
2025, TreeSap Farms LLC, a bankrupt landscape plant grower,
received court approval to sell its assets to a buyer linked to its
CEO.
The $88 million cash deal also includes taking on nearly $24
million in pre- and post-bankruptcy trade obligations and
preserving all current employee positions, the report states.
About Treesap Farms
TreeSap Farms LLC is a leading supplier of trees and plants to home
improvement retailers.
TreeSap Farms LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90021) on February
24, 2025. In its petition, the Debtor disclosed estimated assets
and liabilities between $100 million and $500 million each.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor tapped McKool Smith, Esq., as counsel and Donlin, Recano
& Company, LLC as claims, noticing and solicitation agent.
V820JACKSON LLC: Case Summary & 20 Largest Unsecured Creditors
--------------------------------------------------------------
Debtor: V820Jackson, LLC
820 W. Jackson Blvd.
Suite 550
Chicago, IL 60607
Business Description: V820Jackson, LLC is classified as a single-
asset real estate debtor under the
definition set forth in Section 101(51B) of
the U.S. Bankruptcy Code.
Chapter 11 Petition Date: May 12, 2025
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 25-07228
Judge: Hon. Michael B Slade
Debtor's Counsel: Ariel Weissberg, Esq.
WEISSBERG AND ASSOCIATES, LTD.
125 South Wacker Drive
Suite 300
Chicago, IL 60606
Tel: 312-663-0004
Fax: 312-663-1514
E-mail: ariel@weissberglaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $10 million to $50 million
Andrew P. Vaccaro signed the petition 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/FAMDHQA/V820Jackson_LLC__ilnbke-25-07228__0001.0.pdf?mcid=tGE4TAMA
VELOCITY ESPORTS: Seeks Chapter 11 Bankruptcy in Nevada
-------------------------------------------------------
On May 7, 2025, Velocity Esports Inc. filed Chapter 11 protection
in the U.S. Bankruptcy Court for the District of Nevada. According
to court filing, the Debtor reports $9,931,782 in debt owed to 1
and 49 creditors. The petition states funds will not be available
to unsecured creditors.
About Velocity Esports Inc.
Velocity Esports Inc. operates gaming and entertainment venues
across select U.S. locations, offering a mix of arcade games,
esports lounges, bowling, and casual dining. The Company caters to
both casual and competitive gamers, as well as event hosting for
social and corporate gatherings. Its venues are equipped with
modern gaming technology and also feature food and beverage options
with a focus on American and Mexican fare.
Velocity Esports Inc. and affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Nev. Case No. 25-12627) on
May 7, 2025. In its petition, the Debtor reports total assets of
$1,294,858 and total liabilities of $9,931,782.
Honorable Bankruptcy Judge Mike K. Nakagawa handles the case.
The Debtors are represented by Matthew Knepper, Esq. and Brenden
Gougeon, Esq. at NEVADA BANKRUPTCY ATTORNEYS, LLC.
VESTIS CORP: S&P Downgrades ICR to 'B+', Outlook Negative
---------------------------------------------------------
S&P Global Ratings lowered all its ratings on Georgia-based
provider of uniform rentals and workplace supplies Vestis Corp. by
one notch, including its issuer credit rating, to 'B+' from 'BB-'
because S&P now expects leverage will be sustained above its 4x
downside threshold.
The negative outlook reflects the possibility of a further
downgrade if the company fails to improve its performance, stemming
from ongoing challenges with weak new customer wins or high
attrition rates.
S&P said, "The downgrade reflects our expectation for weakened
credit metrics amid operational difficulties. Vestis experienced
continued revenue decline in the first half of 2025, as it was
unable to gain new business wins sufficiently to offset lost
business. Though customer retention has improved relative to last
year when it troughed in the mid-80% area, we think current rolling
12-month retention of 92.4% reflects persisting service quality
challenges, and it is weak relative to other large competitors.
Existing customer volumes were also down, furthering revenue
losses. This is partly due to seasonality as demand slows following
the holiday season, but we expect a slower return to growth. Vestis
continues to struggle with service quality problems, which include
timeliness and completeness of delivery services that result in
issuing credits to appease its customers. We now believe these
issues are more difficult to address than originally thought and
reflect that in our updated revenue forecast for 2.6% decline in
2025 compared to our prior expectations of about flat growth. It
has successfully implemented some price increases this quarter,
though we still view pricing power as limited due to service
quality. The company recently hired a new CFO, and a new CEO will
come on board shortly. We will evaluate management's actions to
determine how these might alter the future direction of the
company."
Vestis has minimal cushion in its credit metrics for the current
rating, and an inability to execute a turnaround could lead to
another downgrade. Elevated one-time costs weigh on 2025 EBITDA and
will lead to a spike in leverage. S&P said, "Vestis incurred
several expenses in 2025 that we do not expect will repeat next
year, which decreased EBITDA. These expenses include a $15 million
bad debt expense and a $10 million severance charge due to
executive departures. Additionally, gross margin compressed due to
a lower revenue base and a mostly fixed cost of services. We expect
EBITDA margin will decrease by 300 basis points (bps) to about 9%,
improving back to mid-11% range in 2026. Our forecast incorporates
the company's operating efficiency initiatives such as network
optimization and merchandise reuse initiatives, which somewhat
benefit profit margin. We expect leverage will be 6.4x in 2025,
improving to 4.9x in 2026."
Vestis' performance challenges will also lead to weaker free cash
flow in 2025, which is exacerbated by the company's $30 million
investment in inventory to support new customer installations,
improve efficiency of service to existing customers, and avoid
tariffs. S&P said, "We forecast Vestis will generate about $20
million in unadjusted free cash flow in fiscal 2025. This further
impedes the company's progress toward deleveraging. Vestis recently
amended its credit agreement to delay the step down of its maximum
net leverage ratio covenant, providing some flexibility. As part of
the amendment, the company suspended all dividends and share
repurchases and will focus on deleveraging. We view this as a
credit positive."
S&P said, "The macroeconomic environment adds additional
uncertainty in the ability of Vestis to meet our forecast. S&P
Global recently revised its forecast for economic growth downward
and predicts the probability of recession starting within the next
12 months is 35%. Vestis' large exposure to small- and medium-sized
businesses make it more susceptible to macroeconomic trends. This
would further strain Vestis's operations, resulting in lower
customer demand or client losses and increased pricing pressure
while delaying progress of its efficiency initiatives. Tariffs on
goods imported into the U.S. also pose a risk because the company
has some exposure to international markets, including China and
Mexico.
"The negative outlook reflects the possibility Vestis performance
could deteriorate beyond our base case withing the next 12 months
due to continued performance challenges and a difficult
macroeconomic environment."
S&P could lower its ratings on Vestis if we expect it will sustain
leverage at or above 5x. This could occur if:
-- It faces additional elevated customer attrition or faltering
sales activity, leading to S&P's expectation for stalling revenue
growth beyond 2025; or
-- Competition or reputational challenges arising from ongoing
service quality issues restrict its ability to recover profit
margins, at least in line with S&P's forecast.
S&P could revise its outlook to stable if S&P expect it will
sustain leverage below 5x. This could occur if:
-- Vestis improves customer retention and strengthens new business
wins such that S&P anticipates consistent revenue growth; and
-- S&P believes it is on track to expand profit margins at least
in line with its forecast, demonstrating improving service
quality.
VOBEV LLC: Plan Exclusivity Period Extended to June 9
-----------------------------------------------------
Judge Joel T. Marker of the U.S. U.S. Bankruptcy Court for the
District of Utah extended Vobev, LLC's exclusive periods to file a
plan of reorganization and obtain acceptance thereof to June 9 and
August 8, 2025, respectively.
As shared by Troubled Company Reporter, the Debtor explains that it
has been extremely vigilant in this case and has made significant
progress toward having this case end with a successful outcome.
Indeed, the Debtor has filed the Current Plan, and fully intends on
prosecuting the Current Plan to confirmation. If for some reason
the Debtor determines that it cannot proceed with the Current Plan
and must file a new plan, it will prosecute that plan and seek
confirmation of it with similar alacrity.
The Debtor claims that it has made significant progress in its
negotiations with creditors, including the Committee and Ares as is
evident by the Current Plan that is now on file.
The Debtor has demonstrated substantial (and perhaps even
remarkable) progress toward analyzing, resolving, and dealing with
issues in this case that must be addressed in order to confirm a
Chapter 11 plan as should be evident from the Current Plan that is
on file in this case. Extending the Debtor's exclusivity periods to
June 9 (to file a plan) and August 8 (to obtain confirmation of a
plan) will not materially prejudice the interests of creditors and
other interested parties. Finally, the Debtors are not requesting
an extension to gain a tactical advantage over any of its
creditors.
Counsel to the Debtor:
Michael R. Johnson, Esq.
Jeffrey W. Shields, Esq.
David H. Leigh, Esq.
Mel Jones-Cannon, Esq.
RAY QUINNEY & NEBEKER, P.C.
36 South State Street, 14th Floor
Salt Lake City, Utah 84111
Tel: (801) 532-1500
(801) 323-3363
Email: mjohnson@rqn.com
Email: jshields@rqn.com
Email: dleigh@rqn.com
Email: mjonescannon@rqn.com
-and-
Eric P. Schriesheim, Esq.
ROPES & GRAY LLP
191 North Wacker Drive
Chicago, Illinois 60606
Tel: (312) 845-1200
Fax: (312) 845-5500
Email: eric.schriesheim@ropesgray.com
- and -
Gregg M. Galardi, Esq.
ROPES & GRAY LLP
1211 Avenue of the Americas
New York, New York 10036
Tel: (212) 596-9000
Fax: (212) 596-9090
Email: gregg.galardi@ropesgray.com
About Vobev LLC
Vobev LLC, a Salt Lake City-based beverage can manufacturer, sought
relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Utah
Case No. 24-26346) on Dec. 9, 2024. In its petition, the Debtor
disclosed between $500 million and $1 billion in both assets and
liabilities.
Bankruptcy Judge Joel T. Marker handles the case.
The Debtor tapped Ray Quinney & Nebeker PC as counsel, Houlihan
Lokey Capital, Inc., as investment banker, and FTI Consulting,
Inc., as financial advisor. Kroll Restructuring Administration LLC
is the Debtor's claims and noticing agent.
WCB CONSTRUCTION: Voluntary Chapter 11 Case Summary
---------------------------------------------------
Debtor: WCB Construction Services LLC
14 Sunrise Drive
Warren, NJ 07059
Business Description: WCB Construction Services LLC, based in
Warren, New Jersey, provides construction
services to public and private sector
clients in the U.S.
Chapter 11 Petition Date: May 12, 2025
Court: United States Bankruptcy Court
District of New Jersey
Case No.: 25-15085
Judge: Hon. Christine M Gravelle
Debtor's Counsel: Justin M Gillman, Esq.
GILLMAN CAPONE LLC
770 Amboy Avenue
Edison NJ 08837
Tel: (732) 661-1664
Fax: (732) 661-1707
E-mail: jgillman@gillmancapone.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $500,000 to $1 million
The petition was signed by Richard Coven as chief executive
officer.
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/27BJSEQ/WCB_Construction_Services_LLC__njbke-25-15085__0001.0.pdf?mcid=tGE4TAMA
WHITESTONE CROSSING: Voluntary Chapter 11 Case Summary
------------------------------------------------------
Debtor: Whitestone Crossing Austin LLC
1517
Snowberry Drive
Allen TX 75013
Business Description: Whitestone Crossing Austin LLC operates
Whitestone Crossing, an apartment community
located in Cedar Park, Texas. The property
offers one- and two-bedroom units featuring
modern amenities such as 9-foot ceilings,
fiber-ready internet, and in-home washers
and dryers. The community also provides
facilities including a swimming pool,
clubhouse, and fitness center.
Chapter 11 Petition Date: May 12, 2025
Court: United States Bankruptcy Court
Northern District of Texas
Case No.: 25-31768
Judge: Hon. Stacey G Jernigan
Debtor's Counsel: Abhijit Modak, Esq.
ABHIJIT MODAK, ATTORNEY AT LAW
2710 Wind Brush Dr
Spring TX 77388
Tel: 281-802-1900
E-mail: ovmodaklaw@gmail.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Sairam Kota as manager.
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/MKKRI6I/Whitestone_Crossing_Austin_LLC__txnbke-25-31768__0001.0.pdf?mcid=tGE4TAMA
WIN PRODUCTIONS: Seeks to Sell Farm Assets at Auction
-----------------------------------------------------
Win Productions, LLC seeks approval from the U.S. Bankruptcy Court
for the Central District of Illinois, to sell Assets free and clear
of liens, interests, and encumbrances.
The Debtor's Assets include rolling stock and personal properties
comprised of trucks, pickups, semi tractor, livestock trailer, tank
tanker, manure pump, hose reel, manure injector applicator, bucket,
forks, skidsteer, tractor, and turn mower.
The Debtor employs Thomas Walsh of Aumann Auctions to sell any
remaining Personal Property by marketing and online auction to be
concluded by June 9, 2025 at 5:00pm CST at www.aumanauction.com.
Upon approval, Aumann will receive a total commission of 15 percent
of the gross sales price of the Personal Property plus a marketing
budget not to exceed $1,500. A separate application for
compensation for Aumann would be filed following the conclusion of
the sale.
The Debtor is aware of the potential claims and lienholders as to
certain of the items of the Personal Property: Compeer Financial,
PCA and those now held by Compeer Financial, FLCA as assignee of
1st Farm Credit Services, FLCA.
The gross proceeds from the sale would be remitted to the Debtor
and held for payment of allowed secured, administrative, priority
and unsecured claims in this case.
The Debtor believes that an auction sale of remaining Personal
Property would be the most effectively way to liquid such Personal
Property, and that the proposed sale would be in the best interests
of the Debtor’s estate and its creditors.
About Win Productions, LLC
Win Productions, LLC, filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. C.D. Cal. Case No.
24-70901) on Nov. 9, 2024, listing $1 million to $10 million in
assets and $10 million to $50 million in liabilities. The petition
was signed by Wyatt Bradshaw as authorized manager.
Judge Mary P. Gorman presides over the case.
Jeana K. Reinbold, Esq., at Sgro, Hanrahan, Durr, Rabin & Reinbold,
LLP, is the Debtor's counsel.
WW INT'L: Represented by Simpson Thacher in Reorganization
----------------------------------------------------------
Simpson Thacher is representing WW International, Inc. in a
comprehensive financial reorganization that will be implemented
through a pre-packaged chapter 11 plan of reorganization.
WeightWatchers and certain of its affiliates executed a
restructuring support agreement on May 6, 2025 with holders of
approximately 72% of the outstanding principal amount of the
Company's term loan facility, revolving credit facility and 4.5%
senior secured notes, who have committed their support for the
reorganization transaction and, as a result, WeightWatchers was
able to file for chapter 11 in the United States Bankruptcy Court
for the District of Delaware on May 6, 2025 with the support of the
requisite supermajority of its lenders and noteholders. Through the
transaction, the Company's first lien lenders and noteholders will
receive $465 million in exit term loans and exit notes and 91% of
equity in the reorganized company (subject to dilution from an
equity incentive plan), and, subject to satisfaction of certain
conditions in the restructuring support agreement, the Company's
existing equityholders will receive the remaining 9% of equity in
the reorganized company (subject to dilution from an equity
incentive plan). The Bankruptcy Court conducted a "first day"
hearing on May 8, 2025, at which the Bankruptcy Court granted all
of the operational relief requested by the Company and scheduled a
combined hearing to consider approval of the Company's disclosure
statement and confirmation of the pre-packaged plan of
reorganization for June 17, 2025. WeightWatchers expects to
consummate the plan and close the transaction in the second quarter
of 2025.
WeightWatchers is the global leader in science-backed weight
management, providing an accessible, holistic model of care through
its #1 doctor-recommended Points(R) Program, clinical interventions
including weight-loss medications, and community support. Since
1963, WeightWatchers has empowered its millions of members to build
healthy habits to live longer lives. The Company's innovative,
trusted spectrum of solutions provides members with the tools and
resources they need to reach and sustain their goals wherever they
are on their journey.
The Simpson Thacher team includes New York-based Partner Elisha
Graff, Counsel Moshe Fink, and Associates Rachael Foust, Dov
Gottlieb, Zachary Weiner, Sean Lee, Patrick Murphy and Samrat
Basani (Restructuring); Partners Kenneth Wallach and Marisa
Stavenas, and Associates Catherine Ciriello, Christopher Flynn and
Kiley Short (Capital Markets); Partners Brian Steinhardt and
Patrick Wolff, and Associate Matthew Digirolamo (Credit); Partners
Gillian Emmett Moldowan and David Rubinsky, and Associate Hannah
Daniels (Executive Compensation and Employee Benefits); Partners
Jonathan Goldstein and Andrew Purcell, and Associates Kris Liu and
Jiha Min (Tax); Partner Charles Mathes and Associate Robert Hayes
(Public Company Advisory Practice); Partners Lynn Neuner and Alan
Turner (Litigation); Counsel Kelly Karapetyan (Antitrust); and
Partner Anthony Vernace (M&A).
About WW International
WW International Inc. (NASDAQ: WW) is a global provider of
science-based weight management programs, offering behavior change
solutions, clinical support services, and business-to-business
initiatives. Headquartered in New York City, the Company operates
in 11 countries and supports 3.4 million subscribers, delivering
over 20,000 coach-led workshops monthly. Founded in 1963, WW has
evolved its offerings to include digital tools, clinical care, and
a proprietary Points Program, making it one of the most recognized
and studied brands in commercial weight loss.
On May 6, 2025, WW International announced that it has entered into
an agreement with the requisite supermajority of its lenders and
noteholders to implement a financial reorganization transaction
that will eliminate $1.15 billion in debt from its balance sheet.
WeightWatchers and its affiliates voluntarily initiated
"pre-packaged" chapter 11 cases (Bankr. D. Del. Lead Case No.
25-10829) on May 6, 2025.
The Debtors tapped Simpson Thacher & Bartlett LLP as lead
bankruptcy counsel, and Young Conaway Stargatt & Taylor, LLP as
Delaware co-counsel. PJT Partners LP and Matthews South LLC serve
as investment bankers to the Debtors; and Alvarez & Marsal serves
as restructuring advisor; C Street Advisory Group serves as
strategic communications advisor, and ICR serves as investor
relations advisor Company. Kroll Restructuring Administration LLC
serves as claims and noticing agent to the Debtors.
Gibson, Dunn & Crutcher LLP is serving as legal advisor and
Houlihan Lokey is serving as investment banker to an ad hoc group
of lenders and noteholders that entered into the agreement.
YELLOW CORP: Unions Pursue WARN Act Claims in Bankruptcy Appeal
---------------------------------------------------------------
Emily Brill of Law360 reports that the Teamsters and the
International Association of Machinists are appealing a bankruptcy
court's ruling that Yellow Corp. is not responsible for failing to
notify 22,000 union workers of impending job losses due to the
company's shutdown.
They are urging a federal judge in Delaware to overturn the
decision, the report states.
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.
[] Nicole Grimal Helmstetter Joins Jones Walker's Bankruptcy Team
-----------------------------------------------------------------
Jones Walker LLP announced that Nicole Grimal Helmstetter has
joined the firm as special counsel in the Litigation Practice Group
and a member of the bankruptcy and restructuring team in the firm's
growing Miami office.
"We are thrilled to welcome Nicole to Jones Walker and expand the
firm's presence in Miami," said Bill Hines, the firm's managing
partner. "Nicole's unique understanding of the regional business
landscape in South Florida will be invaluable to our bankruptcy
team and clients."
Ms. Helmstetter is a business bankruptcy attorney with extensive
experience representing parties on all sides of insolvency matters
involving distressed businesses, assets, and portfolios. Although
centered in Florida, her practice is national in scope. She
routinely represents midsize and regional businesses, lenders, and
creditors in Chapter 7, 11, and 13 proceedings. Her background also
includes representing fiduciaries in insolvency proceedings and
assisting purchasers of distressed assets, as well as helping
traditional lenders and investment funds in enforcing their rights
against collateral and executing on judgments or other collection
efforts.
"Joining Jones Walker presents an opportunity for me to elevate my
practice to a national level while continuing to expand my local
presence in South Florida," Ms. Helmstetter said. "I am looking
forward to working with the firm's talented bankruptcy team on
complex insolvency matters across the country."
Ms. Helmstetter is particularly skilled at helping businesses
downsize while remaining operational and at negotiating mutually
beneficial out-of-court workouts that keep parties out of
bankruptcy altogether. She has successfully obtained confirmation
of reorganization plans for various enterprises, including health
and educational institutions and real estate companies, and has
secured bankruptcy discharges for high net worth individuals and
local business owners.
Ms. Helmstetter maintains a board certification in Business
Bankruptcy Law from the American Board of Certification.
About Jones Walker
Jones Walker LLP -- http://www.joneswalker.com-- is among the
largest 145 law firms in the United States. With offices in
Alabama, Arizona, the District of Columbia, Florida, Georgia,
Kentucky, Louisiana, Mississippi, New York, and Texas, we serve
local, regional, national, and international business interests.
The firm is committed to providing a comprehensive range of legal
services to major multinational public and private corporations,
Fortune® 500 companies, money center banks, worldwide insurers,
and emerging companies doing business in the United States and
abroad.
*********
Monday's edition of the TCR delivers a list of indicative prices
for bond issues that reportedly trade well below par. Prices are
obtained by TCR editors from a variety of outside sources during
the prior week we think are reliable. Those sources may not,
however, be complete or accurate. The Monday Bond Pricing table
is compiled on the Friday prior to publication. Prices reported
are not intended to reflect actual trades. Prices for actual
trades are probably different. Our objective is to share
information, not make markets in publicly traded securities.
Nothing in the TCR constitutes an offer or solicitation to buy or
sell any security of any kind. It is likely that some entity
affiliated with a TCR editor holds some position in the issuers
public debt and equity securities about which we report.
Each Tuesday edition of the TCR contains a list of companies with
insolvent balance sheets whose shares trade higher than $3 per
share in public markets. At first glance, this list may look like
the definitive compilation of stocks that are ideal to sell short.
Don't be fooled. Assets, for example, reported at historical cost
net of depreciation may understate the true value of a firm's
assets. A company may establish reserves on its balance sheet for
liabilities that may never materialize. The prices at which
equity securities trade in public market are determined by more
than a balance sheet solvency test.
On Thursdays, the TCR delivers a list of recently filed
Chapter 11 cases involving less than $1,000,000 in assets and
liabilities delivered to nation's bankruptcy courts. The list
includes links to freely downloadable images of these small-dollar
petitions in Acrobat PDF format.
Each Friday's edition of the TCR includes a review about a book of
interest to troubled company professionals. All titles are
available at your local bookstore or through Amazon.com. Go to
http://www.bankrupt.com/books/to order any title today.
Monthly Operating Reports are summarized in every Saturday edition
of the TCR.
The Sunday TCR delivers securitization rating news from the week
then-ending.
TCR subscribers have free access to our on-line news archive.
Point your Web browser to http://TCRresources.bankrupt.com/and use
the e-mail address to which your TCR is delivered to login.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Troubled Company Reporter is a daily newsletter co-published
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Randy Antoni, Jhonas Dampog, Marites Claro, Joy Agravante,
Rousel Elaine Tumanda, Joel Anthony G. Lopez, Psyche A. Castillon,
Ivy B. Magdadaro, Carlo Fernandez, Christopher G. Patalinghug, and
Peter A. Chapman, Editors.
Copyright 2025. All rights reserved. ISSN: 1520-9474.
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*** End of Transmission ***