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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
Thursday, September 25, 2025, Vol. 29, No. 267
Headlines
1411 W. NORTH: Seeks to Hire Rodney D. Shepherd as Legal Counsel
1650 ARCH: Secured Party Sets Oct. 2, 2025 Auction
33 MAKO: Seeks to Hire Northgate Real Estate as Broker
40 SOUTH PORTLAND: Hires Michael L. Previto as Legal Counsel
44 LAUREL: Hires Van Horn Law Group P.A. as Bankruptcy Counsel
524 UNION STREET: Hires Meyer Law Group as Bankruptcy Counsel
ACRON 2 PORSCHE: Kimpton Hotel Up For Sale on Oct. 2, 2025
ADC AND T: Gets Interim OK to Use Cash Collateral Until Oct. 2
ADVANCION HOLDINGS: Fitch Alters Outlook on 'B-' IDR to Negative
ADVANTACLEAN OF METRO: Taps Wall Cook & Lewis as Special Counsel
ALEON METALS: Hires Norton Rose Fulbright US LLP as Co-Counsel
ALEON METALS: Seeks to Hire Jefferies LLC as Investment Banker
ALEON METALS: Seeks to Hire Morrison & Foerster LLP as Counsel
ALEON METALS: Taps Roy Gallagher of Ankura Consulting Group as CRO
ALEXANDRIA MUSIC: Seeks to Hire Richard G. Hall as Attorney
ALLIED DEVCORP: Section 341(a) Meeting of Creditors on October 28
ANDERSON HOOP: Unsecured Creditors to Split $20,500 over 3 Years
ARC PROPERTY: Seeks to Hire DeMarco Mitchell as Legal Counsel
ARCHDIOCESE OF NEW YORK: Scores Another Win Against London Insurers
ARTICON HOTEL: Gets Interim OK to Use SBA's Cash Collateral
ASSET DISCOVERY: Hires DeMarco Mitchell as Bankruptcy Counsel
AVEANNA HEALTHCARE: Fitch Rates 1st Lien Term Loan & Revolver 'B-'
B & B SMITH: Seeks to Hire Russo White & Keller P.C. as Counsel
BARTRAM LOGISTICS: Hires Bradley Arant Boult as Bankruptcy Counsel
BAXSTO LLC: Tap Angelo DeCaro of Quadrus Consulting as CRO
BENSON HILL: Gets Court OK to Convert Chapter 11 to Chapter 7
BRIGHTLIFE ELECTRIC: Hires Darby Law Practice as Legal Counsel
BUDA MEZZ: Secured Party Sets Oct. 17, 2025 Auction
BUILT TO LAST: Unsecureds Will Get 10.41% of Claims in Plan
BURKE MOUNTAIN: Plans Payout for EB-5 Investors from Sale, Deal
BYRD'S NEST: Stephen Moriarty Named Subchapter V Trustee
CAPE FEAR: Case Summary & 18 Unsecured Creditors
CAROLINA'S CONTRACTING: Seeks to Hire Jeff Martin as Auctioneer
CENTER FOR SPECIAL: Affiliate to Sell Clearwater Property to Quirk
CFMS TEXAS: Seeks to Hire Monument Realty - Cheney Group as Broker
CHABAD OF GRAMERCY: Taps Ariel Property as Real Estate Broker
CHICAGO EDUCATION BOARD: Fitch Alters Outlook on 'BB+' IDR to Neg.
CIBUS INC: Kimberly Box Joins Board, Key Strategic Committees
CITY MASSAGE: Aleida Martinez Molina Named Subchapter V Trustee
CLAIRE'S STORES: Ames Watson Buys North America Operations
CLESMA INC: Seeks Cash Collateral Access
CLINE'S CORNER: Hires Paulus Law Firm as Bankruptcy Counsel
CLNG HOMES: To Sell Orange Park Property to Bradford Paul Beers
CME FITNESS: Court Extends Cash Collateral Access to Oct. 7
COMMERCIAL METALS: Concrete Deal No Impact on Moody's 'Ba1' Rating
CONCEPT CONNECTIONS: Hires Spector & Cox PLLC as Legal Counsel
CONGRUEX GROUP: S&P Downgrades ICR to 'CCC' on Covenant Tightness
CRANE NXT: Moody's Affirms 'Ba1' CFR, Outlook Remains Stable
CRUZ TEC: Seeks Subchapter V Bankruptcy in Texas
DATABASED SOLUTIONS: Seeks DIP Loan, Cash Collateral
DATABASED SOLUTIONS: Taps Gillman Capone LLC as Legal Counsel
DI ANTAR: Unsecured Creditors to Split $10K in Plan
DIOCESE OF ALBANY: Hires Castner Estate Service as Appraiser
ECS BRANDS: Committee Taps Allen Vellone Wolf Helfrich as Counsel
EEHF 18 INC: Unsecureds Will Get 9.5% Dividend over 3 Years
ELETSON HOLDINGS: Court Throws Out Ex-Shareholders Appeals
ELITE ENDEAVORS: Hires Morris Laing Law Firm as Special Counsel
ELIZABETH RENY: Salvatore LaMonica Named Subchapter V Trustee
EMPIRE CORE: Seeks Subchapter V Bankruptcy in New York
FINANCE OF AMERICA: Bloom Retirement Holds 9.49% of Class A Shares
FIRST STEP: Hires Weinberg Zareh Malkin Price LLP as Counsel
FOUR PALMS: Voluntary Chapter 11 Case Summary
FTX TRADING: $1.6B Third Creditor Distribution Set for Sept. 30
FU BANG GROUP: Seeks to Hire Sares Regis as Property Manager
GAROFALO REAL ESTATE: Unsecured Creditors to Split $119K in Plan
GENTLE HAND: Claims to be Paid from Continued Operation
GREENE AVENUE: Hires Tarter Krinsky & Drogin as Bankruptcy Counsel
GWA LLC: Court Approves $7.9M 401(k) Class Action Settlement
HADLOCK ENTERPRISES: Unsecureds Will Get 74.41% over 60 Months
HECLA MINING: S&P Alters Outlook to Positive, Affirms 'B+' ICR
HILLCREST VENTURES: Seeks to Hire Raymond H. Aver as Legal Counsel
HO WAN KWOK: MSJ Order Affirmed in Greenwich Land, et al. Lawsuit
HOOK ROAD: Hires Bronson Law Offices P.C. as Bankruptcy Counsel
HUDSON PACIFIC: Moody's Alters Outlook on 'B2' CFR to Stable
I V SUPPORT: Gets Final OK to Use Cash Collateral
ICORECONNECT INC: Seeks to Hire Berger Singerman LLP as Counsel
IMMACULATE WINKS: Ruediger Mueller Named Subchapter V Trustee
INNOVATIVE DESIGNS: Posts Net Income of $62,436 in Fiscal Q3
IRON HORSE: Taps Christopher Quinn of Quinn & Associates as CRO
JM GROVE: Seeks to Hire Vogel & Associates as Accountant
JMC UNIT 1: Unsecured Creditors to Split $8K in Plan
JMKA LLC: Court Extends Cash Collateral Access to Oct. 17
JMS CAPITAL: To Sell 300 E. Lombard Tower in Receivership
KARBONX CORP: Reports FY2025 Net Loss of $7.05M on $3.16M Revenue
KP HOME: Seeks to Hire Gary S. Poretsky as Bankruptcy Counsel
KRONOS ACQUISITION: Moody's Cuts CFR to 'Caa1', Outlook Stable
KRT INC: Amends Caterpillar Financial Secured Claim Pay
KULANA HALE: Seeks Cash Collateral Access
LAFLEUR NURSERIES: Court Extends Cash Collateral Access to Nov. 4
LAFLEUR NURSERIES: Unsecureds Will Get $76,500 over 3 Years
LAREDO OIL: Reports FY2025 Net Loss of $3.18M on $9,423 Revenue
LAZYDAYS HOLDINGS: To Sell Assets to Campers Inn in $30M Deal
LEFEVER MATTSON: Claims Filing Deadline Set for Oct. 3, 2025
LEFEVER MATTSON: Seeks to Hire CBRE Inc. as Real Estate Broker
LINQTO INC: Brown Rudnick Reaches Settlement in Chapter 11
M + D PROPERTIES: Case Summary & 15 Unsecured Creditors
MAF GROUP: Seeks to Hire Homel Mercado Justiniano as Legal Counsel
MEAT U ANYWHERE: Frances Smith Named Subchapter V Trustee
MEAT U ANYWHERE: Gets Interim OK to Use Cash Collateral
MERCURITY FINTECH: Approves Name Change to Chaince Digital
MERIT STREET: Claims to be Paid from Litigation & Sale Proceeds
MERIT STREET: Three-Party Resolution Reached in Bankruptcy Case
MG LOGISTICS: Gets Interim OK to Use Cash Collateral Until Oct. 31
MOSAIC COMPANIES: Gets OK to Solicit Ch. 11 Liquidation Plan Votes
MUNDO EDITORIAL: Seeks to Hire Batista Law Group as Legal Counsel
NEW EARTH: Court Extends Cash Collateral Access to Nov. 4
NEWFOLD DIGITAL: Moody's Cuts CFR to Caa3, Alters Outlook to Stable
OBJECT & SUBJECT: Hires Cohne Kinghorn as Bankruptcy Counsel
OCUGEN INC: Licenses OCU400 to Kwangdong With $1M Upfront Fees
OFFICE PROPERTIES: Appoints AlixPartners' Managing Director as CRO
OLD SCHOOL: Unsecureds Will Get 100% in Liquidating Plan
OMNICARE LLC: Files Voluntary Chapter 11, Inks $110M DIP Financing
OPA! SIGNATURE: Seeks Chapter 7 Bankruptcy in California
OPENLANE INC: S&P Affirms 'B' Issuer Credit Rating, Outlook Pos.
OSCAR A. LOPEZ: Jarrod Martin Named Subchapter V Trustee
OWL VENICE: Gets OK to Use Cash Collateral Until Nov. 1
PACER PRINT: Seeks to Hire Lucove Say & Co. as Accountant
PARK RIVER: Fitch Affirms 'B-' LongTerm IDR, Outlook Stable
PARK RIVER: Moody's Affirms 'B3' CFR, Outlook Remains Stable
PC LEARNING: Gets Interim OK to Use Cash Collateral
PHILLIPS ACRES: Seeks to Hire C. Scott Kirk as Bankruptcy Counsel
PINSEEKERS DEFOREST: Taps Capitol Tax & Accounting as Accountant
PINSTRIPES HOLDINGS: Taps Epiq Corporate as Administrative Advisor
PINSTRIPES HOLDINGS: Taps James Katchadurian of CR3 Partners as CRO
PINSTRIPES HOLDINGS: Taps Young Conaway Stargatt as Counsel
PRO QUIP: Hires Van Horn Law Group P.A. as Bankruptcy Counsel
PROPHASE LABS: COVID Testing Subsidiaries Enter Chapter 11
QUALITY FIRST: Seeks to Hire Mark D Bohnet CPA LLC as Accountant
QUALITY PROPERTIES: Hires Wembley's Inc. as Real Estate Broker
RELIANT LIFE: Seeks to Hire Melville Capital as Insurance Broker
RENAISSANCE ACADEMY: Moody's Upgrades Revenue Rating to Ba1
REYNA HOSPITALITY: Samuel Dawidowicz Named Subchapter V Trustee
RGN INVESTMENTS: Linda Leali Named Subchapter V Trustee
RHEUMATOLOGY WELLNESS: Gets Interim OK to Use Cash Collateral
RIZO-LOPEZ FOODS: Taps Donlin Recano as Claims and Noticing Agent
ROYAL OAKS: Fitch Lowers IDR to 'BB', Outlook Negative
SAN MATEO IG: Court OKs Interim Use of Cash Collateral
SCARLET KITCHEN: Claims to be Paid From Available Cash and Income
SEQUOIA GROVE: Gets Interim OK to Use Cash Collateral
SF OAKLAND: Seeks to Use Cash Collateral
SHARPLINK GAMING: Continues Stock Buyback; ETH Treasury Hits $3.86B
SHERWOOD HOSPITALITY: Seeks Cash Collateral Access
SIERRA NEVADA: Hires Harris Law Practice as Bankruptcy Attorney
SIMBA IL HOLDINGS: John-Patrick Fritz Named Subchapter V Trustee
SINOBEC GROUP: To Sell Aluminum Assets to Acquisition Canalum
SKYWISE LOUNGE: Hires Wisdom Professional Services as Accountant
SO-BEN REALTY: Section 341(a) Meeting of Creditors on October 20
SOLAR MOSAIC: Loan Servicing Business Transferred After Ch. 11 Plan
SOLUNA HOLDINGS: Signs $35.5M Credit Facility With Generate Lending
SOUTH TEXAS: Unsecureds Will Get 31.96% of Claims over 5 Years
SOYUZ MEDIA: Seeks Approval to Hire Estelle Miller as Accountant
SPECTACLE BIDCO: S&P Downgrades ICR to 'B', Outlook Negative
SPIRIT AIRLINES: Asks Court OK for Ch. 11 Global Deal with AerCap
SPIRIT AVIATION: Seeks to Hire Ordinary Course Professionals
TALPHERA INC: L. Lytton, Lytton-Kambara Foundation Hold 8% Stake
THYNG VENTURES: Seeks Subchapter V Bankruptcy in Iowa
TIN CUP: Seeks Approval to Hire DeMarco Mitchell as Legal Counsel
TITAN CNG: Taps Mark E. Palmer of Theseus Strategy Group as CRO
TLC MEDICAL: To Sell Saint Lucie Property to Tanjaynk Tracey
TOMS RIVER REGIONAL: Downgraded After Possible Bankruptcy Warning
TPI COMPOSITES: Comm. Taps Berkeley Research as Financial Advisor
TPI COMPOSITES: Committee Hires Munsch Hardt Kopf as Co-Counsel
TPI COMPOSITES: Committee Taps Lowenstein Sandler LLP as Counsel
TRAC CONSTRUCTION: Seeks to Hire Michael L. Walker as Counsel
TRAVEL + LEISURE: Fitch Affirms 'BB-' LongTerm IDR, Outlook Stable
TRI-BOROUGH HOME: Hires JLD Tax Resolution as Accountant
TRI-BOROUGH HOME: Taps JLD Tax Resolution Group as Accountant
TRICO MILLWORKS: Hires Bernstein Shur Sawyer as Bankruptcy Counsel
TRICOLOR AUTO: Vervent Takes Over Loan Servicing After Ch. 7
TRUCK & TRAILER: Hires Modestas Law Offices as Bankruptcy Counsel
VILLA CHARDONNAY: Seeks to Hire Totaro & Shanahan LLP as Counsel
VIVA LIBRE: Seeks to Hire Red Hot Properties as Consultant
VMR CONTRACTORS: Court Extends Cash Collateral Access to Oct. 24
WALKER EDISON: Moves Closer to Settlement of $13M DIP, Sale
WATERBRIDGE MIDSTREAM: Moody's Ups CFR to Ba3, Outlook Stable
WEABER INC: Committee Taps Dentons as Bankruptcy Counsel
WELLMADE FLOOR: Seeks to Hire Ordinary Course Professionals
WELLPATH HOLDINGS: Chapter 11 Protects Co. from Inmate Stroke Suit
WHITEHALL PHARMACY: Hires Sykes & Company P.A. as Accountant
WINDSTREAM SERVICES: Fitch Rates New 7-Yr. Secured Term Loan 'BB-'
WRIGHT HOUSES: Taps Edwin M. Shorty Jr. as Bankruptcy Counsel
XPO INC: Moody's Affirms 'Ba2' CFR & Alters Outlook to Positive
[] 2025 Distressed Investing Conference: Registration Ongoing!
[] Choate Adds Luke Barrett to Finance & Restructuring Team
[] Mega Bankruptcies Jump 33%, Exceeding Historical Average
[] Mega Bankruptcies Surge in 1H 2025 Amid Inflation, Policy Shift
[^] Recent Small-Dollar & Individual Chapter 11 Filings
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1411 W. NORTH: Seeks to Hire Rodney D. Shepherd as Legal Counsel
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1411 W. North Ave PA, LLC seeks approval from the U.S. Bankruptcy
Court for the Western District of Pennsylvania to employ Rodney
Shepherd, Esq., an attorney practicing in Pittsburgh, Pa., to
handle its Chapter 11 case.
Mr. Shepherd also received a front retainer of $3,000 from the
Debtor.
Mr. Shepherd disclosed in a court filing that he is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The attorney can be reached at:
Rodney D. Shepherd, Esq.
2403 Sidney Street
Pittsburgh, PA 15203
Telephone: (412) 471-9670
About 1411 W. North Ave PA LLC
1411 W. North Ave PA LLC is a single asset real estate company that
owns property at 1411 W. North Avenue in Pittsburgh, Pennsylvania.
1411 W. North Ave PA LLC sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D. Pa. Case No.
25-21864) on July 17, 2025. In its petition, the Debtor reports
estimated assets between $100,000 and $500,000 and estimated
liabilities between $500,000 and $1 million.
The Debtor is represented by Rodney D. Shepherd, Esq.
1650 ARCH: Secured Party Sets Oct. 2, 2025 Auction
--------------------------------------------------
Acore Capital Mortgage LP, as administrative agent for and on
behalf of the mezzanine lender ("secured party") will offer for
sale at public auction to held on Oct. 2, 2025, at 3:00 p.m., in
front of the New York Supreme Court, New York County Courthouse
located at 60 Centre Street, New York, New York 10007, all the
right, title and interest of 1650 Arch Investor LLP to (i) 99.5% of
the partnership interest in 1650 Arch Partners LLP ("mortgage
borrower"), (ii) of the shares of common stock in a650 Arch Inc.
("mortgage borrower GP") and (iii) all other collateral pledged by
the Debtor under that mezzanine pledge and security agreement dated
as of June 14, 2018, and made by the Debtor in favor of the Secured
Party ("pledged agreement").
In order for a prospective bidding to be a qualified bidder and
eligible at the public auction, each prospective bidder must,
unless otherwise agreed in writing by the Secured Party: (a)
register with Colliers and execute and deliver to the broker a
bidding certificate, an internal revenue service Form W-9 and a KYC
Letter (i) by email to carl.neilson@colliers.com provided receipt
in confirmed by response email from Carl. L. Neilson or (ii) by
hand, certified mail, or overnight delivery by a nationally
recognized courier service, with a courtesy copy sent by email to
carl.neilson@colliers.com; so a to be actually received on or prior
to 5:00 p.m. (prevailing Easter Time) on Sept. 25, 2025; (b)
demonstrate to the secured party's satisfaction in advance of
bidding its financial ability to tender payment for the collateral
(c) demonstrate, to the secured party's satisfaction, that the
certifications set forth in its bidding certificate are true and
correct, including without limitation, with respect to the
prospective bidder's ability to qualify as a qualified transferee;
and (d) at least two business days prior to the start of the
auction, provide an initial deposit to the title company or other
agent designated by the secured party, by wire transfer of
immediately available funds from a U.S. Commercial bank that is a
member of the federal reserve system, in an amount equal to
$50,000. Prospective bidders are encourage to perform such due
diligence as they deem necessary.
The full terms and conditions of sale, copies of the relevant
agreements, information for attending the auction, and other
information may be obtained by contacting Colliers, Attention:
Carl. L. Neilson, 2005 Market Street, Suite 4010, Philadelphia,
Pennsylvania 19103, Tel: (610) 684-1856, Email:
carl.neilson@colliers.com.
In the event of any conflict between the terms herein and the full
terms of public sale, the full terms of public sale will govern.
For further information please visit: https://www.bit.ly/1650Arch.
33 MAKO: Seeks to Hire Northgate Real Estate as Broker
------------------------------------------------------
33 Mako LLC seeks approval from the U.S. Bankruptcy Court for the
U.S. Bankruptcy Court for the Southern District of New York to hire
Northgate Real Estate Group as real estate advisor.
The firm will assist the Debtor in marketing, sale, refinancing, or
other disposition of the Debtor's property located at 54 Sandcastle
Lane, Amagansett, New York 11930.
The firm will be paid a 4.5 percent commission of the gross sales
price.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Greg Corbin, President at Northgate Real Estate Group, disclosed in
a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Greg Corbin, President
Northgate Real Estate Group
1633 Broadway 46th Floor
New York, NY 10019
Telephone: (212) 419-8101
Email: Greg@northgatereg.com
About 33 Mako LLC
33 Mako LLC is a real estate company doing business as 54
Sandcastle, which owns a residential property at 54 Sandcastle Lane
in Amagansett, New York. The Company focuses on single-asset real
estate development and management in the Hamptons area.
33 Mako LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D.N.Y. Case No. 25-11256) on June 3, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
Honorable Bankruptcy Judge Philip Bentley handles the case.
The Debtors are represented by Joel M. Shafferman, Esq. at KUCKER
MARINO WINIARSKY & BITTENS, LLP.
40 SOUTH PORTLAND: Hires Michael L. Previto as Legal Counsel
------------------------------------------------------------
40 South Portland LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of New York to hire Michael L. Previto, a
professional practicing law in New York, to serve as legal counsel
in its Chapter 11 case.
Mr. Previto will provide these services:
(a) advise the Debtor with respect to its powers and duties as
Debtor-in-Possession in the operation and management of the
financial reorganization of the estate;
(b) attend meetings and negotiate with creditors, the Trustee,
and others;
(c) take all actions to protect the Debtor's estate, including
litigation and negotiation on the Debtor's behalf;
(d) prepare all motions, applications, answers, orders,
reports, and other legal papers necessary for the administration of
the estate;
(e) assist and represent the Debtor in obtaining financing, if
applicable;
(f) prepare a Chapter 11 plan and disclosure statement and take
actions to obtain confirmation of that plan;
(g) represent the Debtor's interest in any sale of property or
assets;
(h) appear in Court to protect the Debtor's interests; and
(i) perform all other legal services and provide such advice as
necessary to assist the Debtor.
Mr. Previto's hourly rate is $250, and he received a $6,000
retainer, which included the filing fee. His compensation will not
increase during the proceeding.
Michael L. Previto is a "disinterested person" within the meaning
of Section 101(14) of the Bankruptcy Code, according to court
filings.
He can be reached at:
Michael L. Previto, Esq.
150 Motor Parkway, Suite 401
Hauppauge, NY 11788
Telephone: (631) 379-0837
About 40 South Portland LLC
40 South Portland LLC sought protection for relief under Chapter 11
of the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-44251) on Sept.
4, 2025. Michael L. Previto is Debtor's legal counsel.
44 LAUREL: Hires Van Horn Law Group P.A. as Bankruptcy Counsel
--------------------------------------------------------------
44 Laurel LLC seeks approval from the U.S. Bankruptcy Court for the
Southern District of Florida to hire Van Horn Law Group, P.A. as
counsel.
The firm will provide these services:
a. give advice to the debtor with respect to its powers and
duties as a debtor in possession and the continued management of
its business operations;
b. advice the debtor with respect to its responsibilities in
complying with the U.S. Trustee's Operating Guidelines and
reporting Requirements and with the rules of the court;
c. prepare motions, pleadings, orders, applications, adversary
proceedings, and other legal documents necessary in the
administration of the case;
d. protect the 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.
The firm will be paid at these rates:
Chad Van Horn $500 per hour
Law clerks/Paralegals/Associates $175 to $350 per hour
Prior to the filing of this case, the firm was paid a retainer in
the amount of $8,262 plus $1,738 for the filing fee and costs for a
total amount of $10,000.
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
Chad T. Van Horn, Esq., a partner at Van Horn Law Group, P.A.,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Chad T. Van Horn, Esq.
Van Horn Law Group, PA
500 NE 4th Street, Suite 200
Fort Lauderdale, FL 33301
Tel: (561) 621-1360
Email: info@cvhlawgroup.com
About 44 Laurel LLC
44 Laurel LLC owns a single townhouse-style condominium, Unit TH3,
at 701 N Fort Lauderdale Beach Blvd in Fort Lauderdale, Florida,
within the Paramount Fort Lauderdale complex.
44 Laurel LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Fla. Case No. 25-20251) on September 1, 2025. In
its petition, the Debtor reports estimated assets and liabilities
between $1 million and $10 million each.
Honorable Bankruptcy Judge Scott M. Grossman handles the case.
The Debtor is represented by Chad Van Horn, Esq. at VAN HORN LAW
GROUP, P.A.
524 UNION STREET: Hires Meyer Law Group as Bankruptcy Counsel
-------------------------------------------------------------
524 Union Street seeks approval from the U.S. Bankruptcy Court for
the Northern District of California to hire Meyer Law Group LLP as
general bankruptcy counsel.
The firm will assist with plan formulation, prepare the schedules
and the statement of financial affairs, review monthly operating
reports, respond to creditor inquiries, evaluate claims and all
services usually performed by such counsel.
The firm will be paid at these rates:
Partner (Brent D. Meyer) $475 per hour
Paralegals $125 per hour
The firm received a retainer in the amount of $9,985.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Brent Meyer, a partner at Meyer Law Group LLP, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Brent D. Meyer, Esq.
Meyer Law Group LLP
268 Bush Street #3639
San Francisco, CA 94104
Tel: (415) 765-1588
Fax: (415) 762-5277
Email: brent@meyerllp.com
About 524 Union Street
524 Union Street, a general partnership, filed a petition under
Chapter 11, Subchapter V of the Bankruptcy Code (Bankr. N.D. Calif.
Case No. 25-30645) on August 14, 2025, listing between $1 million
and $10 million in assets and liabilities.
Judge Hannah L. Blumenstiel represents the Debtor as legal counsel.
ACRON 2 PORSCHE: Kimpton Hotel Up For Sale on Oct. 2, 2025
----------------------------------------------------------
The 100% of the limited liability interests in Acron 2 Porsche
Drive Atlanta LLC will be offered for sale at a public auction and
sold to the highest bidder on Oct. 2, 2025, at 2:30 p.m.
(prevailing Central Time), via Zoom meeting.
The zoom meeting credentials will be shared in the terms of sale,
which will be made available to qualified bidders who, among other
requirements, execute a confidentiality and non-disclosure
agreement.
The principal asset of the Company is the leased fee interest in
that certain real property and the improvements thereon commonly
known as the Kimpton Overland Hotel - Atlanta Airport located at 2
Porsche Drive, Haperville, Georgia 30354.
Interested parties who desire additional information regarding the
Company, the collateral, the property or the terms of the public
sale will execute and NDA, which can be accessed at
https://tinyurl.com/UCCSaleKimptonATL. For questions and
inquiries, contact Joanne Au of CBRE Capital Markets at
CBREuccsales.com.
ADC AND T: Gets Interim OK to Use Cash Collateral Until Oct. 2
--------------------------------------------------------------
ADC and T, LLC received second interim approval from the U.S.
Bankruptcy Court for the Northern District of Texas to use cash
collateral pending a final hearing on October 2.
The Debtor was authorized to use cash collateral strictly in
accordance with its budget, subject to a 15% variance per line item
and overall. Any expense exceeding this threshold requires prior
written approval from the secured creditors.
The Debtor projects total monthly operational expenses of
$1,108,902.91.
The secured lenders that may have pre-bankruptcy liens on
substantially all of the Debtor's assets including cash and
accounts are the U.S. Small Business Administration, Hancock
Whitney Bank, Lease Finance Partners, Inc., First Citizens Bank &
Trust Company, and Canon Financial Services, Inc.
As adequate protection for the diminution in value of their
interests, the secured lenders will be granted replacement liens
and security interests co-extensive with their pre-bankruptcy
liens. These replacement liens are automatically perfected.
In addition, the Debtor was ordered to keep the secured lenders'
collateral insured, pay taxes, and report monthly income to lenders
as further protection.
First Citizens Bank, as secured lender, is represented by:
Evan A. Moeller, Esq.
Emory C. Powers, Esq.
1221 McKinney, Suite 4400
Houston, TX 77010
Phone: 713-652-5151
Fax: 713-652-5152
evan.moeller@arlaw.com
emory.powers@arlaw.com
About ADC and T LLC
ADC and T LLC, doing business as BIG Game, provides transportation
and logistics services, including hauling operations involving
trucks, trailers, and heavy equipment. The Company operates in
Texas and serves sectors such as construction, aggregates, or
oilfield services.
ADC and T LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Tex. Case No. 25-32569) on July 9, 2025. In its
petition, the Debtor reported estimated assets and liabilities
between $1 million and $10 million each.
The Debtors are represented by:
Joyce W. Lindauer
Joyce W. Lindauer Attorney, PLLC
Tel: 972-503-4033
Email: joyce@joycelindauer.com
ADVANCION HOLDINGS: Fitch Alters Outlook on 'B-' IDR to Negative
----------------------------------------------------------------
Fitch Ratings has affirmed Advancion Holdings, LLC's (Advancion,
OpCo) Long-Term (LT) Issuer Default Rating (IDR) at 'B-'. The
Rating Outlook has been revised to Negative from Stable. Fitch has
also affirmed Advancion's first lien senior secured LT issue
ratings at 'B+' with a Recovery Rating of 'RR2', and its second
lien LT issue rating at 'CCC'/'RR6'.
Fitch has also affirmed Advancion Sciences, Inc.'s (HoldCo) LT IDR
at 'CCC+', and the LT issue rating of its HoldCo PIK Toggle Notes
at 'CCC-'/'RR6'. The Rating Outlook at HoldCo is removed.
The ratings reflect Advancion's strong EBITDA margins, entrenched
market position in nitroalkanes, differentiated product portfolio,
and adequate liquidity. The rating is constrained by Advancion's
elevated leverage profile, weak coverage metrics in recent periods,
and small size.
The Negative Outlook reflects Advancion's recent and projected
weakness in EBITDA interest coverage and FCF, coupled with the need
to address upcoming maturities.
Key Rating Drivers
Looming Maturities and Refinancing Risk: Advancion faces material
maturity walls across its capital structure over the next three
years, including the $125 million first lien revolver due September
2026 ($82 million drawn as of 2Q25), approximately $243 million in
HoldCo PIK toggle notes due November 2026, $1.0 billion of first
lien term loans due November 2027, and $345 million of second lien
term loans due November 2028. High leverage, weak interest
coverage, and reliance on supportive credit markets increase
refinancing risk. However, Fitch believes the company's stable
operating performance and gradually improving coverage metrics
mitigate this risk.
Fitch's forecast assumes timely refinancing of upcoming maturities
on terms broadly in line with existing debt. Fitch expects the
refinancing to be moderately leveraging, with interest coverage
remaining weak at around or below 1.5x, but gradually improve.
Fitch would consider negative rating actions at both the OpCo and
HoldCo if there is no extension or substantial progress toward an
extension of the first lien revolver or first lien term loan B at
least nine months before their respective maturities. Failure to
redeem the HoldCo notes on a timely basis could trigger a negative
rating action at the HoldCo.
HoldCo PIK Toggle Note Considerations: The subordinated HoldCo PIK
toggle notes maturing in November 2026 sit outside Advancion
Holdings' (OpCo) balance sheet and lack a guarantee. Internal OpCo
liquidity appears insufficient to redeem the HoldCo notes. Fitch
has limited visibility into whether the HoldCo will remain
independent in managing external funding and liquidity. Common
shareholder control across OpCo and HoldCo provides some incentive
for redemption before maturity. However, a refinancing that shifts
material debt or interest to the OpCo, pushing leverage or coverage
beyond sensitivities, could trigger a negative rating action.
FCF Forecast Drives Financial Flexibility: Fitch forecasts
neutral-to-positive FCF and gradually lower revolver use,
supporting liquidity and financial flexibility. The FCF outlook is
supported by a declining interest burden under current forward
curves and reduced capex, while EBITDA is expected to remain
roughly flat near 2024 levels through 2026. The EBITDA forecast is
constrained by soft demand in consumer- and industrial-oriented
markets, partially offset by a post-destocking recovery in life
sciences. Sustained FCF deterioration that lifts revolver usage
could pressure the $48 million liquidity position as of 2Q25 and
lead to a negative rating action.
Elevated Leverage: Advancion's leverage remains high but
sustainable relative to average EBITDA, reflecting the 2020
recapitalization, the 2021 dividend recapitalization, and the 2022
incremental term loan used to acquire Expression Systems, LLC.
Fitch forecasts Fitch-calculated EBITDA leverage to improve
gradually on modest EBITDA growth but remain above 8.0x over the
medium term. Fitch expects any excess FCF over this period to be
applied toward reducing revolver balances rather than discretionary
capex or M&A. Excessive leverage from structurally weaker EBITDA or
a leveraging transaction would increase risk of a negative rating
action.
Entrenched Market Position in Nitroalkanes: Advancion holds a
defensible niche in additives, combining scale with technical
expertise that raises barriers to entry. It is the only global
commercial producer of nitroalkanes and the sole manufacturer
employing propane nitration technology, enabling a specialized
portfolio of nitroalkane derivatives. Roughly 60% of revenue comes
from products where Advancion is the exclusive supplier. Most
offerings carry high switching costs. Although they represent a
small share of customers' end-product costs, they are often
critical to formulations and processes. These dynamics support
durable customer relationships.
Limited Input Price Risk: Advancion sources 100+ raw materials,
with key inputs including propane, ammonia, formaldehyde, hydrogen,
and natural gas. Many of these are directly or indirectly tied to
natural gas pricing—ammonia production relies on natural gas,
propane is often a co-product of gas processing, and formaldehyde
is indexed to methanol, which is also linked to natural gas. The
Sterlington, LA site benefits from reliable feedstock access given
abundant U.S. shale production. While the company is exposed to
increases in raw materials, packaging, and freight, this risk is
tempered by its value-based pricing strategy and a history of
passing through price increases.
Parent Subsidiary Linkage Considerations: Advancion Sciences,
Inc.'s 'CCC+' LT IDR is notched down by one notch from Advancion
Holdings, LLC's 'B-' LT IDR to reflect Fitch's assessment of porous
legal ring-fencing and open access & control between the two
entities, per Fitch's "Parent and Subsidiary Linkage Criteria."
Peer Analysis
In the 'B' rating category, Advancion compares favorably against
rated peer Kymera International LLC (B-/Stable) in terms of EBITDA
margin, interest coverage and FCF generation in normal operating
environments. Its profitability also ranks similarly to W.R. Grace
Holdings LLC (B/Stable) and Fortis 333, Inc. (B+/Stable). However,
it is toward the lower end of the peer group in terms of size,
based on revenue, and holds the most elevated leverage profile.
Advancion's scale is significantly smaller than those of peers.
However, Advancion's EBITDA margins typically in the mid-40% range
far exceed the peer group. Advancion's high EBITDA margins reflect
its products' barriers to entry and customers' high switching
costs.
Key Assumptions
- Muted sales growth of about 1% per annum through 2026, are
partially offset by weak industrials and consumer demand for the
Performance Ingredients and Personal Care and Consumer segments.
Sales growth accelerates in 2027 and thereafter upon improved
cyclical demand;
- EBITDA margins are resilient at 40% or higher throughout the
forecast horizon, supported by improving fixed cost absorption,
continued strong pricing, lower raw material costs, and some
realized cost savings;
- Capex spending slowly ramps up after being held at around $25
million in 2025;
- Advancion's capital structure is refinanced by early 2026 in a
moderately leveraging transaction with interest coverage metrics
remaining close to 1.5x and with similar terms to existing.
Recovery Analysis
- The recovery analysis assumes Advancion would be reorganized as a
going-concern in bankruptcy rather than liquidated. Fitch has
assumed a 10% administrative claim.
- The revolving credit facility is assumed to be fully drawn.
Going-Concern Approach
Fitch's recovery analysis uses a going concern approach and a $150
million going concern EBITDA. This going concern approximates a
bottom-cycle EBITDA in the stress case and reflects the resilience
Advancion has demonstrated through prior adverse operating
environments.
An enterprise value (EV) multiple of 7.0x is applied in Fitch's
recovery analysis. The 7.0x multiple is at the upper end within
Fitch's chemicals portfolio and is warranted to reflect its
relatively lower cash flow risk as demonstrated by its performance
during periods of poor operating conditions, strong EBITDA and FCF
margins and the inherent growth of its life sciences segment. The
7.0x multiple is also within the range of historical bankruptcy
case study exit multiples for peer companies, which ranged from 5x
to 8x, but above the median of 6x.
Fitch's recovery assumptions result in a recovery rating of 'RR2'
for the first lien facilities and results in a 'B+' rating. The
assumptions also result in a recovery rating of 'CCC'/'RR6' for the
second lien term loan, and a 'CCC-'/'RR6' for the HoldCo notes.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Failure to successfully refinance upcoming maturities in a timely
manner;
- Material incremental leverage and/or capital costs, potentially
stemming from a refinancing;
- EBITDA interest coverage sustained below 1.5x;
- Sustained negative FCF generation and/or high utilization under
the revolver, signaling limited liquidity.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Demonstrated prioritization of debt reduction over shareholder
distributions, leading to EBITDA leverage approaching 6.5x;
- EBITDA interest coverage durably above 2.0x;
- Consistently positive FCF generation.
Liquidity and Debt Structure
Advancion's liquidity is adequate for near-term needs but has
declined to about $48 million as of June 30, 2025. Its liquidity
comprises roughly $11 million of cash and $37 million of
availability under the senior secured revolver. Fitch forecasts
slightly positive FCF and gradually lower revolver utilization,
supporting liquidity and financial flexibility. However, a
sustained deterioration in FCF that increases revolver usage could
pressure the company's liquidity position.
The HoldCo notes, which are structurally outside of the OpCo's
perimeter and lack a guarantee, mature in November 2026. Fitch
believes consistent shareholder control over transactions at both
the OpCo and HoldCo provides some incentive for redemption prior to
maturity.
Advancion's first lien revolver matures in 2026, followed by the
secured term loans (approximately $1.0 billion currently
outstanding) in 2027, before the $345 million second lien secured
term loan matures in 2028. Fitch would consider a negative rating
action absent an extension, or substantial progress toward an
extension, of the first lien revolver or first lien term loan B at
least nine months ahead of their respective maturities.
Issuer Profile
Advancion Holdings, LLC (d/b/a Advancion) is a global specialty
chemicals producer with a 70+ year track record, operating in life
sciences, personal care and industrial specialties. Advancion is
privately owned by Ardian and Golden Gate Capital.
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
----------- ------ -------- -----
Advancion Sciences, Inc. LT IDR CCC+ Affirmed CCC+
senior unsecured LT CCC- Affirmed RR6 CCC-
Advancion Holdings, LLC LT IDR B- Affirmed B-
senior secured LT B+ Affirmed RR2 B+
Senior Secured 2nd Lien LT CCC Affirmed RR6 CCC
ADVANTACLEAN OF METRO: Taps Wall Cook & Lewis as Special Counsel
----------------------------------------------------------------
AdvantaClean of Metro New Orleans, LLC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of Louisiana to hire
Wall, Cook & Lewis, LLC as special litigation counsel.
The firm will render these services:
a. prosecute the appropriate legal proceedings to collect the
accounts receivable owed for work performed by the Debtor on the
Property, including, without limitation, the Lawsuit, a mediation
or an arbitration, and to prepare fully for any such proceedings;
b. prepare for and appear at any hearing, arbitration,
mediation, trial, deposition, and/or any other proceedings deemed
necessary or useful in connection with the above.
The firm will undertake this representation for a contingency fee
of 20 percent and will be reimbursed for reasonable and necessary
expenses,
As disclosed in the court filings, Wall, Cook & Lewis, LLC is a
"disinterested person" within the meaning of 11 U.S.C. Sec.
101(14).
The firm can be reached through:
Sara Lewis, Esq.
WALL, COOK & LEWIS, LLC
540 Elmwood Park Blvd.
New Orleans, LA 70123
Tel.: (504) 736-0347
Fax.: (504) 734-8574
Email: slewis@WCLLawfirm.com
About AdvantaClean of Metro New Orleans
AdvantaClean of Metro New Orleans LLC is a provider of mold
remediation, water damage restoration, air duct cleaning, and
moisture management services for both homes and businesses. With an
emphasis on fostering healthier living spaces, the Company offers
solutions for problems such as flooding, mold issues, and crawl
space sealing. As a locally owned and managed business,
AdvantaClean is dedicated to offering professional, dependable, and
top-quality services to the New Orleans area.
AdvantaClean of Metro New Orleans LLC sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. E.D. La. Case No.: 25-10439)
on March 13, 2025. In its petition, the Debtor reports estimated
assets up to $50,000 ad estimated liabilities between $1 million to
$10 million.
Honorable Bankruptcy Judge Meredith S. Grabill handles the case.
Ryan J. Richmond, Esq., at Sternberg, Naccari & White, LLC serves
as the Debtor's counsel.
Hancock Whitney Bank, as lender, is represented by:
Peter J. Segrist, Esq.
David J. Scotton, Esq.
Carver, Darden, Koretzky, Tessier
Finn, Blossman & Areaux, L.L.C.
1100 Poydras Street, Suite 3100
New Orleans, Louisiana 70163
Telephone: (504) 585-3800
Fax: (504) 585-3801
Email: segrist@carverdarden.com
scotton@carverdarden.com
ALEON METALS: Hires Norton Rose Fulbright US LLP as Co-Counsel
--------------------------------------------------------------
Aleon Metals, LLC and affiliates seek approval from the U.S.
Bankruptcy Court for the Southern District of Texas to employ
Norton Rose Fulbright US LLP as co-counsel.
The firm's services include:
a. performing legal services for and on behalf of the Debtors
that may be necessary or appropriate in the administration of these
cases and the Debtors' businesses, including, without limitation,
preparing agendas, hearing notices, witness and exhibit lists, and
hearing binders of documents and pleadings;
b. advising and consulting the Debtors on the legal and
administrative requirements of operating in chapter 11 and in the
Southern District of Texas;
c. reviewing and commenting on behalf of the Debtors on all
necessary and appropriate applications, motions, pleadings, draft
orders, notices, and other documents and reviewing all financial
and other reports to be filed in these cases;
d. reviewing and commenting on responses to applications,
motions, complaints, pleadings, notices, and other papers that may
be filed and served in these cases;
e. reviewing and commenting on any chapter 11 plan, disclosure
statement, and related documents to the extent requested;
f. working with and coordinating efforts among other
professionals to attempt to preclude any duplication of effort
among those professionals and to guide their efforts in the overall
framework of Debtors' reorganization and sale;
g. at the Debtors' request, appearing in Court and at any
meetings with the U.S. Trustee and at any meeting of creditors at
any given time on behalf of the Debtors as their local and
bankruptcy co-counsel;
h. providing legal advice and services regarding local rules,
practices, and procedures, including Fifth Circuit case law; and
i. performing such additional legal services as may be
requested by the Debtors or MoFo.
The firm's currently hourly rates are:
Partners $820 to $2,310
Senior Associates $715 to $1,160
Senior Counsel $660 to $1,610
Counsel $345 to $1,225
Associates $570 to $1,140
Of Counsel $595 to $1,650
Paralegals $185 to $615
Practice Support $90 to $475
Norton received a retainer in the amount of $50,000.
The following is provided in response to the request for additional
information set forth in Section D.1 of the UST Guidelines:
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Answer: Norton has not agreed to any variations from, or
alternatives to, Norton's standard and customary billing
arrangements. Norton's rate structure is appropriate and is not
significantly different from (a) the rates that Norton charges for
other non-bankruptcy representations or (b) the rates of other
comparably skilled professionals.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Answer: No. The hourly rates used by Norton in representing the
Debtors are consistent with the rates that Norton charges other
comparable chapter 11 clients, regardless of the location of the
chapter 11 case.
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
during 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.
Answer: Norton was retained by the Debtors on August 5, 2025,
two weeks prior to the Petition Date, and Norton's billing rates
have not changed post-petition.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Answer: Norton's expected fees and expenses are included in the
Debtors' Budget.
Jason Boland, Esq., co-head of restructuring at Norton, disclosed
in a court filing that his firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Jason L. Boland, Esq.
Norton Rose Fulbright US, LLP
1301 Avenue of the Americas
New York, NY 10019-6022
Tel: (212) 318-3000
Fax: (212) 318-3400
Email: jason.boland@nortonrosefulbright.com
About Aleon Metals, LLC
Aleon Metals, LLC own and operate a multipurpose solid waste
disposal facility in Freeport, Texas, specializing in the
extraction and refinement of metals used in the energy industry.
They focus on processing spent catalysts from petroleum refining to
recover vanadium and molybdenum, which have a range of chemical and
industrial applications. The Debtors are also developing a
hydrometallurgical recycling process for lithium-ion batteries that
would convert aluminum waste from its catalyst recycling operations
into battery-grade materials for cathode production.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Texas Lead Case No. 25-90305) on
August 17, 2025. In the petition signed by Roy Gallagher, chief
restructuring officer, the Debtor disclosed up to $500 million in
both assets and liabilities.
Judge Christopher M. Lopez oversees the case.
The Debtors tapped Morrison & Foerster, LLP as bankruptcy counsel;
Norton Rose Fulbright US, LLP as local counsel; Ankura Consulting
Group, LLC as restructuring and financial advisor; Jefferies, LLC
as investment banker; and Stretto, Inc. as claims and noticing
agent.
UMB Bank, National Association, as DIP agent, is represented by:
Christopher M. Odell, Esq.
Arnold & Porter Kaye Scholer, LLP
700 Louisiana Street, Suite 4000
Houston, TX 77002-2755
Telephone: (713) 576-2400
Facsimile: (713) 576-2499
Email: christopher.odell@arnoldporter.com
- and -
Michael D. Messersmith, Esq.
Sarah Gryll, Esq.
Owen Haney, Esq.
Marjorie Carter, Esq.
Arnold & Porter Kaye Scholer, LLP
70 West Madison Street, Suite 4200
Chicago, IL 60602-4231
Telephone: (312) 583-2300
Facsimile: (312) 583-2360
michael.messersmith@arnoldporter.com
E-mail: sarah.gryll@arnoldporter.com
owen.haney@arnoldporter.com
marjorie.carter@arnoldporter.com
ALEON METALS: Seeks to Hire Jefferies LLC as Investment Banker
--------------------------------------------------------------
Aleon Metals, LLC and affiliates seek approval from the U.S.
Bankruptcy Court for the Southern District of Texas to employ
Jefferies LLC as investment banker.
The firm will render these services:
(a) provide the Debtors with financial advice and assistance
in connection with a possible sale, disposition or other business
transaction or series of transactions involving all or a majority
of the equity of either Business or a material portion of the
assets of the Businesses, whether directly or indirectly (including
through the sale of a majority of the equity of the Debtors) and
through any form of transaction, including, without limitation,
merger, reverse merger, liquidation, tender or exchange offer,
stock sale, asset sale, asset swap, recapitalization,
reorganization, consolidation, amalgamation, spin-off, split-off,
joint venture, strategic partnership, license, and a sale under
section 363 of the Bankruptcy Code) (including any "credit bid"
pursuant to section 363(k) of the Bankruptcy Code) (any of the
foregoing, an "M&A Transaction");
(b) provide advice and assistance to the Debtors in connection
with analyzing, structuring, negotiating and effecting, and acting
as exclusive investment banker to the Debtors in connection with,
any restructuring, reorganization, recapitalization, repayment or
material amendment or modification of the Debtors' outstanding
indebtedness or obligations (including, without limitation, any
preferred equity), however achieved, including, without limitation,
through any offer by the Debtors with respect to any Debtor's
outstanding indebtedness or obligations, a solicitation of votes,
approvals, or consents giving effect thereto (including with
respect to a prepackaged or prenegotiated plan of reorganization or
other plan pursuant to the Bankruptcy Code), the execution of any
agreement giving effect to the same, an offer by any third party to
convert, exchange or acquire any Debtor's outstanding indebtedness
or obligations, or any similar balance sheet restructuring
involving the Debtors (any of the foregoing, a "Restructuring");
and
(c) advise and assist the Debtors in connection with any of
the following (each, a "Financing", and a Financing, a
Restructuring and an M&A Transaction, each and together, a
"Transaction"): (i) the sale and/or placement, whether in one or
more public or private transactions, of (A) common equity,
preferred equity, and/or equity-linked securities of the Debtors
(regardless of whether sold by the Debtors or their
securityholders), including, without limitation, convertible debt
securities (individually and collectively, "Equity Securities"),
and/or (B) notes, bonds, debentures and/or other debt securities of
the Debtors, including, without limitation, mezzanine and
asset-backed securities (individually and collectively, "Debt
Securities"), and/or (ii) the arrangement and/or placement of any
bank debt and/or other credit facility of the Debtors including
debtor-in-possession financing (individually and collectively,
"Bank Debt," and any or a combination of Bank Debt, Equity
Securities and/or Debt Securities, "Instruments"). For the
avoidance of doubt, if a Financing is executed in more than one
issuance or tranche, each shall be deemed to be a Financing for the
purposes of the Engagement Letter.
The firm will receive compensation as follows:
(a) Monthly Fee. A monthly fee (the "Monthly Fee") equal to
$100,000 per month until the termination of the Engagement Letter.
The first Monthly Fee shall be payable as of the date of the
Engagement Letter and each subsequent Monthly Fee shall be payable
on each monthly anniversary thereafter. Following the receipt by
Jefferies of four full Monthly Fees under the Engagement Letter, an
amount equal to 50 percent of the Monthly Fees actually paid to
Jefferies thereafter shall be credited once, without duplication,
against any M&A Transaction Fee, Restructuring Fee or Financing Fee
that subsequently becomes payable to Jefferies under the Engagement
Letter.
(b) Restructuring Fee. Promptly upon the consummation of a
Restructuring, a fee (a "Restructuring Fee") in an amount equal to
$2,500,000.
(c) M&A Transaction Fee. Upon the consummation of an M&A
Transaction, a fee (an "M&A Transaction Fee") equal to $2,500,000;
provided, to the extent a binding agreement with respect to an M&A
Transaction is executed by July 31, 2025 or an M&A Transaction is
consummated by August 31, 2025, then the M&A Transaction Fee
payable on account of such M&A Transaction shall equal $1,500,000.
(d) Financing Fee. Promptly upon consummation of a Financing,
a fee (a "Financing Fee") equal to an amount to be determined
according to the following schedule:
i. 2.0 percent of the maximum principal amount of
commitments under any senior secured Bank Debt or senior secured
Debt Securities of any Financing;
ii. 4.0 percent of the maximum principal amount of
commitments under any Bank Debt or Debt Securities of any Financing
not covered by subsection (d)(i) of the Engagement Letter; and
iii. 6.0 percent of the aggregate gross proceeds received or
to be received from the sale of Equity Securities, including,
without limitation, aggregate amounts committed by investors to
purchase Equity Securities in connection with any Financing.
Notwithstanding anything to the contrary in the Engagement Letter,
no Financing Fee shall be payable to Jefferies with respect to that
portion of any commitments or gross proceeds provided in any
Financing by bondholders of the Debtors as of the date of the
Engagement Letter ("Existing Bondholders," and any such Financing
involving solely Existing Bondholders, "Existing Bondholder
Financing"); provided, further, however, if Existing Bondholders
provide "debtor-in-possession" financing consummated during one or
more cases under the Bankruptcy Code (a "DIP Financing"), Jefferies
shall be entitled to a fee in the amount of $250,000.
Additionally, notwithstanding anything to the contrary in the
Engagement Letter, the minimum Financing Fee paid at the first
closing of a Financing (other than a DIP Financing or an Existing
Bondholder Financing) shall be $2,500,000 (the "Minimum Financing
Fee") (and shall only be payable once) and in the event of multiple
Financings (not including any DIP Financing or Existing Bondholder
Financing), the Financing Fee payable at closing of each Financing
subsequent to the initial Financing shall equal the aggregate
Financing Fees calculated for all Financings less the Financing
Fees actually paid to Jefferies; provided, further, to the extent a
binding agreement with respect to a Financing is executed by July
31, 2025 or a Financing is consummated by August 31, 2025, then the
Minimum Financing Fee amount shall equal $1,500,000.
In the event a single Transaction qualifies as both an M&A
Transaction and a Restructuring, Jefferies shall be paid only one
fee in connection with such Transaction, which shall be the higher
of the M&A Transaction Fee and the Restructuring Fee (and not both
such fees).
(e) Expense Reimbursement. In addition to any fees that may be
paid to Jefferies under the Engagement Letter, whether or not any
Transaction occurs, the Debtors will reimburse Jefferies, promptly
upon receipt of an invoice therefor, for all reasonable
out-of-pocket expenses (including reasonable and reasonably
documented ancillary expenses and fees and expenses of its counsel
and, with the Debtors' consent, not to be unreasonably withheld,
any other independent experts retained by Jefferies) incurred by
Jefferies and its designated affiliates in connection with the
engagement contemplated under the Engagement Letter.
Richard Morgner, a managing director at Jefferies, 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:
Richard W. Morgner
Jefferies LLC
520 Madison Avenue
New York, NY 10022
Telephone: (212) 284-2300
About Aleon Metals, LLC
Aleon Metals, LLC own and operate a multipurpose solid waste
disposal facility in Freeport, Texas, specializing in the
extraction and refinement of metals used in the energy industry.
They focus on processing spent catalysts from petroleum refining to
recover vanadium and molybdenum, which have a range of chemical and
industrial applications. The Debtors are also developing a
hydrometallurgical recycling process for lithium-ion batteries that
would convert aluminum waste from its catalyst recycling operations
into battery-grade materials for cathode production.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Texas Lead Case No. 25-90305) on
August 17, 2025. In the petition signed by Roy Gallagher, chief
restructuring officer, the Debtor disclosed up to $500 million in
both assets and liabilities.
Judge Christopher M. Lopez oversees the case.
The Debtors tapped Morrison & Foerster, LLP as bankruptcy counsel;
Norton Rose Fulbright US, LLP as local counsel; Ankura Consulting
Group, LLC as restructuring and financial advisor; Jefferies, LLC
as investment banker; and Stretto, Inc. as claims and noticing
agent.
UMB Bank, National Association, as DIP agent, is represented by:
Christopher M. Odell, Esq.
Arnold & Porter Kaye Scholer, LLP
700 Louisiana Street, Suite 4000
Houston, TX 77002-2755
Telephone: (713) 576-2400
Facsimile: (713) 576-2499
Email: christopher.odell@arnoldporter.com
- and -
Michael D. Messersmith, Esq.
Sarah Gryll, Esq.
Owen Haney, Esq.
Marjorie Carter, Esq.
Arnold & Porter Kaye Scholer, LLP
70 West Madison Street, Suite 4200
Chicago, IL 60602-4231
Telephone: (312) 583-2300
Facsimile: (312) 583-2360
E-mail: michael.messersmith@arnoldporter.com
sarah.gryll@arnoldporter.com
owen.haney@arnoldporter.com
marjorie.carter@arnoldporter.com
ALEON METALS: Seeks to Hire Morrison & Foerster LLP as Counsel
--------------------------------------------------------------
Aleon Metals, LLC and affiliates seek approval from the U.S.
Bankruptcy Court for the Southern District of Texas to employ
Morrison & Foerster LLP as counsel.
The firm's services include:
(a) advising the Debtors with respect to their powers and
duties as debtors-in-possession in the continued management and
operation of their business and property;
(b) attending meetings and negotiating with creditors and
parties in interest;
(c) advising and assisting the Debtors in connection with any
potential sale transactions, including any sale of substantially
all of the Debtors' assets;
(d) advising the Debtors with respect to, and assisting in the
negotiation and documentation of, financing agreements and related
transactions;
(e) taking all necessary action to protect and preserve the
interests of the Debtors' estates, including prosecuting actions on
the Debtors' behalf, defending any actions commenced against the
Debtors, and representing Debtors' interests in negotiations
concerning all significant litigation in which the Debtors are
involved, including, but not limited to, objections to claims filed
against the Debtors or their estates;
(f) preparing all motions, applications, answers, orders,
reports, and papers necessary to the administration of the chapter
11 cases;
(g) taking any necessary action on behalf of the Debtors to
negotiate, prepare, and obtain approval of a disclosure statement
and confirmation of a chapter 11 plan and all documents related
thereto;
(h) appearing, as appropriate, before this Court, any
appellate courts, and the U.S. Trustee, and protecting the
interests of the Debtors before those courts and before the U.S.
Trustee;
(i) performing all other necessary legal services in
connection with the chapter 11 cases, including (i) analyzing the
Debtors' leases and executory contracts and the assumption or
assignment thereof, and (ii) advising on corporate, litigation, and
other legal matters;
(j) taking necessary and appropriate steps to bring the
chapter 11 cases to a conclusion; and
(k) performing such additional legal services as may be
requested by the Debtors.
Morrison & Foerster's standard hourly rates are:
Partners and Senior Of Counsel $1,500 to $2,475
Of Counsel $1,250 to $2,100
Associates $795 to $1,330
Paraprofessionals $390 to $645
Morrison & Foerster received an advanced payment deposit of
$250,000.
The following is provided in response to the request for additional
information set forth in Section D.1 of the U.S. Trustee
Guidelines:
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Answer: Morrison & Foerster has not agreed to any variations
from, or alternatives to, Morrison & Foerster's standard and
customary billing arrangements. Morrison & Foerster's rate
structure is appropriate and is not significantly different from
(a) the rates that Morrison & Foerster charges for other non
bankruptcy representations or (b) the rates of other comparably
skilled professionals.
Question: Do any of the professionals included in this
engagement vary their rate based on the geographic location of the
bankruptcy case?
Answer: No. The hourly rates used by Morrison & Foerster in
representing the Debtors are consistent with the rates that
Morrison & Foerster charges other comparable chapter 11 clients,
regardless of the location of the chapter 11 case.
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
during 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.
Answer: Morrison & Foerster was initially retained by the
Debtors in April 2025, approximately four months prior to the
Petition Date, and Morrison & Foerster's prepetition billing rates
were the same as Morrison & Foerster's post-petition billing
rates.
Question: Has your client approved your prospective budget and
staffing plan, and, if so, for what budget period?
Answer: Morrison & Foerster's expected fees and expenses are
included in the Debtors' Budget.
As disclosed in the court filing, Morrison & Foerster is a
"disinterested person" within the meaning of section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Jennifer L. Marines, Esq.
Morrison & Foerster LLP
250 West 55th Street
New York, NY 10019-9601
Phone:(212) 336-4491
Fax: (212) 468-7900
Email: jmarines@mofo.com
About Aleon Metals, LLC
Aleon Metals, LLC own and operate a multipurpose solid waste
disposal facility in Freeport, Texas, specializing in the
extraction and refinement of metals used in the energy industry.
They focus on processing spent catalysts from petroleum refining to
recover vanadium and molybdenum, which have a range of chemical and
industrial applications. The Debtors are also developing a
hydrometallurgical recycling process for lithium-ion batteries that
would convert aluminum waste from its catalyst recycling operations
into battery-grade materials for cathode production.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Texas Lead Case No. 25-90305) on
August 17, 2025. In the petition signed by Roy Gallagher, chief
restructuring officer, the Debtor disclosed up to $500 million in
both assets and liabilities.
Judge Christopher M. Lopez oversees the case.
The Debtors tapped Morrison & Foerster, LLP as bankruptcy counsel;
Norton Rose Fulbright US, LLP as local counsel; Ankura Consulting
Group, LLC as restructuring and financial advisor; Jefferies, LLC
as investment banker; and Stretto, Inc. as claims and noticing
agent.
UMB Bank, National Association, as DIP agent, is represented by:
Christopher M. Odell, Esq.
Arnold & Porter Kaye Scholer, LLP
700 Louisiana Street, Suite 4000
Houston, TX 77002-2755
Telephone: (713) 576-2400
Facsimile: (713) 576-2499
Email: christopher.odell@arnoldporter.com
- and -
Michael D. Messersmith, Esq.
Sarah Gryll, Esq.
Owen Haney, Esq.
Marjorie Carter, Esq.
Arnold & Porter Kaye Scholer, LLP
70 West Madison Street, Suite 4200
Chicago, IL 60602-4231
Telephone: (312) 583-2300
Facsimile: (312) 583-2360
E-mail: michael.messersmith@arnoldporter.com
sarah.gryll@arnoldporter.com
owen.haney@arnoldporter.com
marjorie.carter@arnoldporter.com
ALEON METALS: Taps Roy Gallagher of Ankura Consulting Group as CRO
------------------------------------------------------------------
Aleon Metals, LLC and affiliates seek approval from the U.S.
Bankruptcy Court for the Southern District of Texas to employ
Ankura Consulting Group, LLC as restructuring advisor and designate
Roy Gallagher as chief restructuring officer.
The firm will render these services:
a. provide Roy Gallagher to serve as CRO of the Debtors;
b. provide the Additional Personnel as required and approved
by the Debtors;
c. assess and analyze liquidity, including the development
and/or review of the Debtors' 13-week cash flow forecast,
quantification of new money financing needs and evaluation of
opportunities to enhance liquidity;
d. assist in the review of strategic alternatives, including
any new money financing, forbearance, refinancing, repayment and/or
restructuring proposals;
e. assist in communications with key stakeholders, including
but not limited to the Debtors' bondholders;
f. develop the Debtors' 2025 budget and long-term projections
and assess the underlying assumptions and related risks; and
g. perform such other professional services.
Ankura's current standard U.S. hourly rates are:
Senior Managing Director $1,300 to $1,455
Managing Director $1,075 to $1,205
Director/Senior Director $740 to $1,020
Associate/Senior Associate $495 to $680
Paraprofessionals $380 to $440
Ankura received an initial advance retainer from the Debtors in the
amount of $250,000.
Mr. Gallagher, a senior managing director of Ankura, assured the
court that his firm is a "disinterested person" as defined by
Bankruptcy Code section 101(14).
The firm can be reached through:
Roy Gallagher
Ankura Consulting Group, LLC
150 N. Riverside Plaza, Suite 2400
Chicago, IL 60606
Phone: (773) 213-1942
Email: roy.gallagher@ankura.com
About Aleon Metals, LLC
Aleon Metals, LLC own and operate a multipurpose solid waste
disposal facility in Freeport, Texas, specializing in the
extraction and refinement of metals used in the energy industry.
They focus on processing spent catalysts from petroleum refining to
recover vanadium and molybdenum, which have a range of chemical and
industrial applications. The Debtors are also developing a
hydrometallurgical recycling process for lithium-ion batteries that
would convert aluminum waste from its catalyst recycling operations
into battery-grade materials for cathode production.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Texas Lead Case No. 25-90305) on
August 17, 2025. In the petition signed by Roy Gallagher, chief
restructuring officer, the Debtor disclosed up to $500 million in
both assets and liabilities.
Judge Christopher M. Lopez oversees the case.
The Debtors tapped Morrison & Foerster, LLP as bankruptcy counsel;
Norton Rose Fulbright US, LLP as local counsel; Ankura Consulting
Group, LLC as restructuring and financial advisor; Jefferies, LLC
as investment banker; and Stretto, Inc. as claims and noticing
agent.
UMB Bank, National Association, as DIP agent, is represented by:
Christopher M. Odell, Esq.
Arnold & Porter Kaye Scholer, LLP
700 Louisiana Street, Suite 4000
Houston, TX 77002-2755
Telephone: (713) 576-2400
Facsimile: (713) 576-2499
Email: christopher.odell@arnoldporter.com
- and -
Michael D. Messersmith, Esq.
Sarah Gryll, Esq.
Owen Haney, Esq.
Marjorie Carter, Esq.
Arnold & Porter Kaye Scholer, LLP
70 West Madison Street, Suite 4200
Chicago, IL 60602-4231
Telephone: (312) 583-2300
Facsimile: (312) 583-2360
E-mail: michael.messersmith@arnoldporter.com
sarah.gryll@arnoldporter.com
owen.haney@arnoldporter.com
marjorie.carter@arnoldporter.com
ALEXANDRIA MUSIC: Seeks to Hire Richard G. Hall as Attorney
-----------------------------------------------------------
Alexandria Music Inc. seeks approval from the U.S. Bankruptcy Court
for the Eastern District of Virginia to hire Richard G. Hall, Esq.,
a professional practicing law in Virginia, as attorney.
Richard G. Hall, Esq. will provide these services:
a. advise and consult with the debtor concerning questions
arising in the conduct of the administration of the estate and
concerning the debtor's rights and remedies with regard to the
estate's assets and the claims of secured, preferred and unsecured
creditors and other parties in interest;
b. appear for, prosecute, defend and represent the debtor's
interest in suits arising in or related to this case;
c. investigate and prosecute preference and other actions
arising under the debtor's avoiding powers;
d. assist in the preparation of such pleadings, Motions,
Notices and Orders as are required for the orderly administration
of this estate; and to consult with and advise the debtor in
connection with the operation of the business of the Debtor; and
e. prepare and file a Plan and a Disclosure Statement, and to
obtain the confirmation and completion of a Plan of reorganization,
and to prepare a Final Report and a Final Accounting.
Mr. Hall will be paid at these rates:
Richard G. Hall $600 per hour
Para-Professionals $250 per hour
He will also be reimbursed for reasonable out-of-pocket expenses
incurred.
Richard G. Hall, Esq., disclosed in a court filing that the firm is
a "disinterested person" as the term is defined in Section 101(14)
of the Bankruptcy Code.
The firm can be reached at:
Richard G. Hall, Esq.
RICHARD HALL
601 King Street
Suite 301
Alexandria, VA 22314
Tel: (703) 256-7159
E-mail: richard.hall33@verizon.net
About Alexandria Music Inc.
Alexandria Music Inc., doing business as Alexandria Music Company,
operates a music retail store in Alexandria, Virginia, offering
pianos, guitars, keyboards, percussion, and other stringed and band
instruments, along with accessories. The Company also provides
instrument rentals, repair services, and music lessons, catering to
musicians, students, and schools across Virginia, Maryland, and
Washington, D.C.
Alexandria Music Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Va. Case No. 25-11896) on September
15, 2025. In its petition, the Debtor reports total assets of
$508,005 and total liabilities of $1,121,046.
Honorable Bankruptcy Judge Klinette H. Kindred handles the case.
The Debtor is represented by Richard G. Hall, Esq.
ALLIED DEVCORP: Section 341(a) Meeting of Creditors on October 28
-----------------------------------------------------------------
On September 18, 2025, Allied DevCorp LLC filed Chapter 11
protection in the Eastern District of North Carolina. According to
court filing, the Debtor reports $4,655,943 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 October
28, 2025 at 10:00 AM at Zoom 341 Meeting Raleigh.
About Allied DevCorp LLC
Allied DevCorp LLC, based in Raleigh, North Carolina, owns the
property at 153 W King St, Hillsborough, NC 27278, along with
significant operational and furnishing assets used in the hotel
business. The Company also holds 100% ownership of Colonial Inn
Hillsborough, Inc., which leases the premises and operates The
Colonial Inn as a boutique hotel with guest rooms, dining, and
event spaces.
Allied DevCorp LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.C. Case No. 25-03652) on September
18, 2025. In its petition, the Debtor reports total assets of
$3,700,032 and total liabilities of $4,655,943.
Honorable Bankruptcy Judge Joseph N. Callaway handles the case.
The Debtor is represented by Joseph Z. Frost, Esq. of BUCKMILLER &
FROST, PLLC.
ANDERSON HOOP: Unsecured Creditors to Split $20,500 over 3 Years
----------------------------------------------------------------
Anderson Hoop Dreams, Inc. filed with the U.S. Bankruptcy Court for
the Middle District of Florida a Plan of Reorganization dated
September 15, 2025.
The Debtor is a Florida for Profit Corporation created by Articles
of Incorporation filed with the Florida Secretary of State on or
around March 20, 2020. The Debtor operates specialized fitness
facilities offering structured, athletic-style training programs to
a broad client base.
The Debtor is located in Orlando, Florida, and operates as a
franchisee of D1 Training. The Debtor's principal place of business
is located at 2771 E. Livingston Street, Orlando, Florida, 32803
("Premises"), which the Debtor leases from 400 N PRIMROSE, LLC (a
noninsider).
The Debtor's projected disposable income is $20,469.00.
This Plan provides for 1 class of secured claims, 1 class of
unsecured claims; and 1 class of equity security holders.
Class 2 consists of the Allowed Unsecured Claims against the
Debtor. This Class is Impaired.
* Consensual Plan Treatment: The liquidation value or amount
that unsecured creditors would receive in a hypothetical chapter 7
case is approximately $0.00. Accordingly, the Debtor proposes to
pay unsecured creditors a pro rata portion of $20,500.00. The
Reorganized Debtor shall pay said amount in equal quarterly
payments of $1,708.33 and shall be disbursed pro rata to the
holders of Allowed General Unsecured Claims. Payments shall
commence on the fifteenth day of the month, on the first month that
begins more than fourteen days after the Effective Date and shall
continue quarterly for eleven additional quarters. Pursuant to
Section 1191 of the Bankruptcy Code, the value to be distributed to
unsecured creditors is greater than the Debtor's projected
disposable income to be received in the 3-year period beginning on
the date that the first payment is due under the plan.
* Nonconsensual Plan Treatment: The liquidation value or
amount that unsecured creditors would receive in a hypothetical
chapter 7 case is approximately $0.00. Accordingly, Debtor proposes
to pay unsecured creditors a pro rata portion of its projected
Disposable Income, $20,469.00. If the Debtor remains in possession,
plan payments shall include the Subchapter V Trustee's
administrative fee which will be billed hourly at the Subchapter V
Trustee's then current allowable blended rate. Plan Payments shall
commence on the first month following the Effective Date, and shall
continue quarterly for eleven additional quarters. The quarterly
payment for the first four quarters shall be $2,782.25. The
quarterly payments for the second four quarters shall be
$2,139.75.00. The quarterly payments for the final four quarters
shall be $195.25.
The Plan contemplates that the Reorganized Debtor will continue to
operate the Debtor’s business.
Except as explicitly set forth in this Plan, all cash in excess of
operating expenses generated from operation until the Effective
Date will be used for Plan Payments or Plan implementation, cash on
hand as of Confirmation shall be available for Administrative
Expenses.
A full-text copy of the Plan of Reorganization dated September 15,
2025 is available at https://urlcurt.com/u?l=NpHQNJ from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Jeffrey S. Ainsworth, Esq.
BransonLaw, PLLC
1501 E. Concord Street
Orlando, Florida 32803
Telephone (407) 894-6834
E-mail: jeff@bransonlaw.com
About Anderson Hoop Dreams
Anderson Hoop Dreams, Inc. operates specialized fitness facilities
offering structured, athletic-style training programs to a broad
client base.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-05772) on Sept. 12,
2025, listing up to $50,000 in assets and between $500,001 and $1
million in liabilities.
Jeffrey Ainsworth, Esq., at Bransonlaw PLLC, is the Debtor's legal
counsel.
ARC PROPERTY: Seeks to Hire DeMarco Mitchell as Legal Counsel
-------------------------------------------------------------
ARC Property Management Group LLC seeks approval from the U.S.
Bankruptcy Court for the Northern District of Texas to hire DeMarco
Mitchell, PLLC as counsel.
The firm will provide these services:
a. take all necessary action to protect and preserve the
Estate;
b. prepare on behalf of the Debtor all necessary motions,
applications, answers, orders, reports, and papers in connection
with the administration of the estate;
c. formulate, negotiate, and propose a plan of reorganization;
and
d. perform all other necessary legal services in connection
with these proceedings.
The firm will be paid at these rates:
Robert T. DeMarco $450 per hour
Michael S. Mitchell $300 per hour
Barbara Drake, Paralegal $125 per hour
The firm was paid a retainer in the amount of $12,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Robert DeMarco, Esq., a partner at Demarco Mitchell, PLLC,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Robert T. DeMarco, Esq.
Michael S. Mitchell, Esq.
Demarco Mitchell, PLLC
12770 Coit Road, Suite 850
Dallas, TX 75251
Tel: (972) 991-5591
Email: robert@demarcomitchell.com
mike@demarcomitchell.com
About ARC Property Management Group LLC
ARC Property Management Group LLC is a limited liability company.
ARC Property Management Group LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-43265) on
August 29, 2025. In its petition, the Debtor reports estimated
assets between $1 million and $10 million and estimated liabilities
between $500,000 and $1 million.
The Debtor is represented by Robert T. DeMarco, Esq. at DEMARCO
MITCHELL, PLLC.
ARCHDIOCESE OF NEW YORK: Scores Another Win Against London Insurers
-------------------------------------------------------------------
Olivia Alafriz of Bloomberg Law reports that the Archdiocese of New
York won another ruling in its coverage dispute with London market
insurers, who had sought to defer payment of defense costs for
sexual abuse claims until after adjudication or settlement.
The New York Supreme Court, New York County, held that the
insurers' obligations are triggered once the archdiocese pays its
$100,000 retention per claim, according to the report.
The court further determined that insurers remain liable for the
full $200,000 policy limits without reduction for the retention,
the report states.
About New York Archdiocese
The Archdiocese of New York is an ecclesiastical district
encompassing 296 parishes in the boroughs of Manhattan, the Bronx,
and Staten Island in New York City and the counties of Dutchess,
Orange, Putnam, Rockland, Sullivan, Ulster, and Westchester.
Sixth of New York's eight dioceses have filed for Chapter 11
bankruptcy after dealing with lawsuits dating to when New York
temporarily suspended the statute of limitations to give victims of
childhood abuse the ability to pursue even decades-old allegations
against clergy members, teachers, Boy Scout leaders and others.
New York dioceses that have sought bankruptcy are Ogdensburg,
Syracuse, Buffalo, Rochester, Albany and Rockville Centre on Long
Island.
ARTICON HOTEL: Gets Interim OK to Use SBA's Cash Collateral
-----------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois,
Eastern Division, entered an interim order authorizing Articon
Hotel Services, LLC to use cash collateral.
The Debtor was authorized to use the cash collateral of the U.S.
Small Business Administration from September 2 through October 3,
strictly in accordance with a budget, subject to a 10% variance on
each expense category. This use is deemed necessary to prevent
immediate and irreparable harm to the Debtor's estate.
The Debtor projects total operational expenses of $1,203,085.10 for
September.
As conditions of use, the Debtor must permit the SBA and the
Subchapter V trustee to inspect its books and records upon
reasonable notice, maintain and pay insurance premiums protecting
the SBA's collateral, provide evidence of collateral upon request,
and properly maintain and manage the collateral. These measures are
designed to safeguard the SBA's interests while cash collateral is
being used.
As adequate protection, the SBA will be granted valid and perfected
replacement liens on the Debtor's property, whether acquired before
or after its Chapter 11 filing. These replacement liens will have
the same priority and extent as the SBA's pre-bankruptcy lien.
A further interim hearing is set for September 29.
About Articon Hotel Services LLC
Articon Hotel Services, LLC manufactures and supplies furniture,
fixtures and equipment as well as construction materials for the
hospitality industry in the United States. The Company provides
case goods, soft seating, millwork, lobby furniture, artwork,
mirrors and lighting, alongside shower surrounds, flooring, and
wall coverings, serving hotel projects through design, fabrication,
installation and compliance support. Articon works with major hotel
brands including Holiday Inn, Hilton, Embassy Suites, Courtyard and
Fairfield Inn & Suites.
Articon Hotel Services sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-13601) on September
2, 2025. In its petition, the Debtor reported estimated assets
between $100,000 and $500,000 and estimated liabilities between $1
million and $10 million.
The Debtor is represented by Scott R. Clar, Esq., at Crane, Simon,
Clar & Goodman.
ASSET DISCOVERY: Hires DeMarco Mitchell as Bankruptcy Counsel
-------------------------------------------------------------
Asset Discovery, LLC seeks approval from the U.S. Bankruptcy Court
for the Northern District of Texas to hire DeMarco Mitchell, PLLC
as counsel.
The firm will provide these services:
a. take all necessary action to protect and preserve the
Estate;
b. prepare on behalf of the Debtor all necessary motions,
applications, answers, orders, reports, and papers in connection
with the administration of the estate;
c. formulate, negotiate, and propose a plan of reorganization;
and
d. perform all other necessary legal services in connection
with these proceedings.
The firm will be paid at these rates:
Robert T. DeMarco $450 per hour
Michael S. Mitchell $300 per hour
Barbara Drake, Paralegal $125 per hour
The firm was paid a retainer in the amount of $9,238.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Robert DeMarco, Esq., a partner at Demarco Mitchell, PLLC,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Robert T. DeMarco, Esq.
Michael S. Mitchell, Esq.
Demarco Mitchell, PLLC
12770 Coit Road, Suite 850
Dallas, TX 75251
Tel: (972) 991-5591
Email: robert@demarcomitchell.com
mike@demarcomitchell.com
About Asset Discovery
Asset Discovery, LLC, doing business as VW Builders, provides
residential construction and real estate asset recovery services
from Duncanville, Texas.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Texas Case No. 25-33361) on August 29,
2025, with $500,000 to $1 million in assets and $1 million to $10
million in liabilities. Vincent Walker, managing member, signed
the
petition.
Robert T. DeMarco, Esq., at DeMarco Mitchell, PLLC represents the
Debtor as legal counsel.
AVEANNA HEALTHCARE: Fitch Rates 1st Lien Term Loan & Revolver 'B-'
------------------------------------------------------------------
Fitch Ratings has assigned final ratings of 'B-' with Recovery
Ratings of 'RR4' to Aveanna Healthcare, LLC's $1.325 billion first
lien term loan and its $250 million first lien revolver following
the close of the refinancing transaction. Fitch estimates gross
debt increased by $24 million following the transaction, as
proceeds from $439 million of incremental first lien term loan debt
were used to fully redeem $415 million of second lien notes and for
general corporate purposes.
Aveanna's 'B-' Long-Term Issuer Default Ratings (IDRs) reflect high
EBITDA leverage, limited business diversity, and overall small
scale. The Positive Rating Outlooks are supported by improved
EBITDA margins, which Fitch expects to drive sustained positive FCF
and leverage near or below 5.5x.
Key Rating Drivers
Rapid EBITDA-Driven Deleveraging: Aveanna reduced leverage to 5.8x
at 2Q25 from 8.3x at YE 2024, mainly through EBITDA growth. Fitch
forecasts leverage to reach and remain at or below 5.5x throughout
the rating horizon. The rating case assumes EBITDA margins of
10.0%-10.5% in 2026 and beyond, down from the forecast of 11.6% FY
2025.
Fitch considers Aveanna's improved leverage profile sustainable.
This is supported by its durably higher EBITDA margins, driven by a
focus on higher gross margin contracts in its Home Health and
Hospice (HHH) and Medical Solutions (MS) segments and the
improvement in Medicaid MCO reimbursement in its Private Duty
Services (PDS) segment. A shift to preferred payor agreements has
helped drive profitable growth while catching up to significant
nursing wage inflation, which damaged EBITDA margins from
2022-2024. Improving cost leverage and cost-saving initiatives have
also supported higher margins than prior years.
Medicaid Reimbursement Headwinds: Aveanna's business is highly
exposed to changes in federal Medicaid funding. The Congressional
Budget Office (CBO) expects the recent U.S. tax and spending bill
to lower federal Medicaid funding by over $1 trillion over the next
10 years. About 58% of company revenues are from Medicaid Managed
Care Organization (MCO) payors and 23% are directly from Medicaid.
Fitch expects Medicaid funding changes to pressure PDS gross
margins, where most Medicaid-related revenue is generated, over the
next few years. However, Aveanna's focus on disabled pediatric
patients should insulate revenue and margins from major impacts, as
the group is less affected by enrollment changes such as work
requirements. Additionally, home health demand is high since it is
a lower-cost alternative to hospital care, and labor availability
is limited. This incentivizes MCOs to continue to place patients in
home health settings when appropriate, which may provide Aveanna
with some ability to maintain modest revenue rate growth.
Sustainable EBITDA Margin Improvement: Fitch expects adjusted
EBITDA margins to rise to 11.6% in 2025, from 8.8% in 2024 and 7.2%
in 2023. Fitch expects margins to contract to 10.0%-10.5% in
2026-2028 as PDS cost increases catch up to revenue rate gains in
1H25 and Medicaid reimbursement growth slows. Fitch views the
improved run-rate margin profile versus prior years as sustainable,
driven by cost-saving initiatives and an intentional shift toward
higher gross margin contracts. Fitch expects the incremental EBITDA
generation to support positive FCF generation, enabling the company
to complete bolt-on M&A activity with cash on hand rather than
incremental borrowings.
Financial Flexibility and Policy: Aveanna's liquidity profile is
adequate and supportive of its 'B-' Long-Term IDR, with $101
million cash and $227 million revolver availability at end 2Q25
(pro forma for the revolver upsizing to $250 million). Fitch
expects EBITDA interest coverage to sustain at or above 2x both
before and after hedges expire. Fitch expects the company to have
deleveraging capacity through FCF generation, but Fitch does not
forecast meaningful debt reduction. The company has demonstrated
high leverage tolerance under partial ownership under Bain and J.H.
Whitney, which Fitch expects to continue over the rating horizon.
Leader in Fragmented Industry: Aveanna's credit profile benefits
from its leading position in the fragmented home health industry,
with a strong market presence across several regions in the U.S.
The company's local market positions provide it with advantages in
accessing labor and arranging preferred payor agreements with MCOs
within its PDS business. Since barriers to entry in the industry
are low, fixed cost leverage and labor access are critical to
achieve profitable growth.
Low Business Diversification: A significant portion of company
revenues (81%) are generated from pediatric home health, with the
remaining (19%) coming from home health and hospice and medical
solutions. This exposes the company to business concentration risk
associated with payor concentration and changes in external factors
that drive market demand. These risks are partially mitigated by
Aveanna's MCO payor diversity and its position as a low-cost
provider, supporting long-term organic industry growth.
Entity Rating Linkage: Aveanna Healthcare Holdings Inc. (parent and
financial filer) and Aveanna Healthcare, LLC (subsidiary and
borrower of first lien debt) have the same IDR because the parent
has no material assets or liabilities other than Aveanna
Healthcare, LLC, and there are no material impediments to the
parent accessing the assets of subsidiary.
Peer Analysis
Aveanna's closest peers among Fitch's U.S. healthcare provider
coverage with comparable ratings include Team Health Holdings, Inc.
(B-/Stable), Community Health Systems (CCC+), Prime Healthcare
Services, Inc. (B/Stable), Tenet Healthcare Corporation
(BB-/Stable), and AMN Healthcare Services, Inc. (BB/Stable). These
peers broadly have greater scale than Aveanna, with EBITDA ranging
from $300 million to $4 billion. Fitch expects peers in the 'B' and
'BB' categories to generate positive FCF during the rating horizons
and produce comparable EBITDA margins to Aveanna, except for Tenet,
which generates stronger EBITDA margins in the mid-teen
percentages.
Fitch expects Aveanna to maintain lower leverage and higher
coverage metrics than lower-rated peers like Team Health and
Community Health Systems over the rating horizon, supporting
Aveanna's IDR and outlook. Aveanna has higher leverage than
comparably rated Prime Healthcare Services, Inc. but has a stronger
market position and overall business diversification than Prime
Healthcare, supporting the IDR.
Key Assumptions
- Revenue increases 16% in 2025, and Fitch-adjusted EBITDA margins
expand +280bps to 11.6%, driven primarily by the PDS segment as the
company realizes benefits from its preferred payor agreement
strategy.
- Organic revenues increase low- to mid-single digit percentages in
2026 through 2028 and EBITDA margins contract from 2025 levels to
the 10.0%-10.5% range. Margin contraction is driven by normalizing
PDS spread rate and a tighter reimbursement environment for
Medicaid and MCO payors following the passing of the U.S. tax and
spending bill.
- FCF as a percentage of revenue at positive levels, primarily
driven by significant EBITDA improvement anticipated in the
forecast versus 2024 levels.
- Bolt-on acquisition activity of $50 million annually completed
through the rating horizon with available cash on hand, driving
low-single digit percentage incremental revenue growth.
- Liquidity remains sufficient, supported by the undrawn revolver
due 2030 and positive FCF generation during the rating horizon.
- Fitch EBITDA leverage of 5.5x at YE 2025 and sustaining around
5.5x in 2026 and 2027.
- EBITDA interest coverage (not accounting for interest rate caps
and swaps in place) of 2.0x at YE 2025 and remains above 2.0x in
2026 and 2027.
Recovery Analysis
- The recovery analysis assumes that Aveanna Healthcare Holdings
Inc. would be reorganized as a going-concern (GC) in bankruptcy
rather than liquidated.
- Fitch applies a $150 million GC EBITDA assumption and 6.0x
enterprise value (EV) multiple for a total EV of $900 million.
Recoverable value is reduced to $810 million after assuming 10%
administrative claims in bankruptcy.
- Fitch then deducts expected claims on the A/R securitization
facility of $169 million from the total EV, translating to $641
million in recoverable value for first lien creditors.
- Fitch assumes that the $250 million first lien secured RCF is
fully drawn at the time of default.
GC EBITDA rationale
Fitch applies a $150 million GC EBITDA assumption to the recovery
analysis, which reflects Fitch's view of a sustainable
post-reorganization EBITDA level upon which Fitch bases the EV. The
GC EBITDA assumption is below LTM 2Q25 Fitch EBITDA of $253 million
and FY 2025 forecast EBITDA of $271 million, which reflects
depletion of the current operating position that could cause a
level of distress to provoke a default plus a level of corrective
action assumed to occur during restructuring.
Fitch identifies heightened payment pressure from Medicaid funding
cuts and/or renewed nursing labor inflation as the most likely
sources of operational stress. These factors in combination could
result in meaningful EBITDA margin declines to levels below Fitch's
$150 million GC EBITDA estimate, translating to under 7% EBITDA
margins based on LTM revenue.
Fitch's GC EBITDA estimate assumes that corrective actions occur
during bankruptcy, such as exiting underperforming states where the
company has limited scale or right sizing corporate SG&A. Fitch
estimates that this would improve EBITDA margins from trough levels
but remain below the long-term Rating Case forecast levels of
10.0%-10.5%. This leads to Fitch's GC EBITDA estimate of $150
million.
EV Multiple rationale
The GC multiple of 6.0x reflects the company's overall moderate
scale but leading position in a fragmented market and its capacity
to generate average EBITDA margins compared to healthcare provider
peers. The strong industry demand for home healthcare supports the
distressed multiple, but this is offset by the relatively little
intangible value of the business plus low barriers to entry. The
6.0x GC EBITDA multiple compares to the historical bankruptcy case
study exit multiples for peer companies in the healthcare industry
of 6.3x and publicly traded EV of 12.3x as of Aug. 29, 2025.
Recovery Waterfall
The company has a $275 million A/R securitization facility that
matures in 2028 with the full borrowing base available. Fitch
assumes the securitization borrowing capacity would decrease
proportionately to the GC EBITDA decline versus LTM EBITDA (-41%).
To estimate the amount of these priority claims, Fitch assumes the
greater of current amount outstanding ($169 million) and the
proportional decline in borrowing capacity (-41% based on expected
GC EBITDA decline, or $162 million). This leads to a $169 million
claim ahead of first lien creditors deducted from recoverable
value.
The first lien revolver and first lien term loan receive all
remaining recoverable value of $641 million. In the analysis, Fitch
assumes $1.325 billion of term loan debt is outstanding and the
$250 million revolver are fully drawn, corresponding to an 'RR4'
rating for both instruments
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Fitch's expectation that EBITDA leverage will be sustained above
6.5x;
- Fitch's expectation that EBITDA interest coverage will be
sustained below 1.5x;
- A revised expectation that the U.S. tax and spending bill of 2025
will materially impact EBITDA and lead to consistently negative
FCF.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Fitch's expectation that EBITDA leverage will stay below 5.5x.
This expectation would be supported by clear indications from a
combination of states, industry participants, and/or management
that Medicaid funding changes will not significantly affect EBITDA
generation, or by operating outperformance that provides the
company enough cushion to weather reimbursement headwinds while
maintaining leverage below 5.5x.
- Fitch's expectation that EBITDA interest coverage will be
sustained above 2.0x.
Liquidity and Debt Structure
Aveanna has adequate liquidity, with $101 million of cash on hand
and $227 million of borrowing capacity under its RCF, pro forma for
the upsizing to $250 million. The company's cash needs are also
supported by $106 million of borrowing capacity under its AR
securitization agreement. Fitch does not include A/R securitization
availability in the calculation of available liquidity but
considers its role in managing working capital and liquidity in the
rating analysis. Fitch expects liquidity to remain sufficient, as
forecasted positive FCF during the rating horizon will continue to
improve the company's liquidity profile.
The company's new $1.325 billion first lien term loan will mature
in September 2032. Maturities until then are limited to $13 million
in mandatory annual term loan amortization. The company's A/R
securitization facility, which had $169 million outstanding at end
2Q25, is set to expire in 2028. Fitch expects the company will
extend the facility prior to maturity.
Issuer Profile
Aveanna Healthcare Holdings Inc. (AVAH) is a home care platform
focused on providing care to medically complex, high-cost patient
populations. The company's services primarily consist of pediatric
nursing and home health and hospice care for elderly patients.
Summary of Financial Adjustments
Adjustments were made to EBITDA. Fitch added back non-recurring and
non-operational expenses including stock-based compensation,
acquisition-related costs, impairment charges, and other legal
costs to Fitch-adjusted EBITDA.
Date of Relevant Committee
27-Aug-2025
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
----------- ------ -------- -----
Aveanna Healthcare, LLC
senior secured LT B- New Rating RR4 B-(EXP)
B & B SMITH: Seeks to Hire Russo White & Keller P.C. as Counsel
---------------------------------------------------------------
B & B Smith Construction Inc. seeks approval from the U.S.
Bankruptcy Court for the Northern District of Alabama to hire Russo
White & Keller, P.C. as counsel.
The firm will provide these services:
a. provide the Debtor legal advice with respect to its powers
and duties as Debtor-in-Possession in the continued management of
its financial affairs and property;
b. prepare on behalf of the Debtor necessary schedules, lists,
applications, motions, answers, orders, and reorganization
paperwork as is or may become necessary;
c. review all leases and other corporate papers and other
documents and prepare any necessary motions to assume unexpired
leases or executor contracts and assist in preparation of corporate
authorizations and resolutions regarding the Chapter 11 cases; and
d. perform any and all other legal services for the Debtor as
Debtor-in-Possession as may be necessary to achieve confirmation of
a Chapter 11 plan.
The firm will be paid at the rate of $350 per hour.
The firm received a retainer in the amount of $17,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Robert Keller, Esq., a partner at Russo White & Keller, P.C.,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Robert C. Keller, Esq.
Russo White & Keller, P.C.
315 Gadsden Highway, Suite D
Birmingham, AL 35235
Tel: (205) 833-2589
Email: rjlawoff@bellsouth.net
About B & B Smith Construction Inc.
B & B Smith Construction Inc. serves a diverse client base across
Alabama by delivering residential and commercial construction
services. Its portfolio covers general contracting, site
development, project management, and remodeling projects.
B & B Smith Construction Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ala. Case No. 25-41227) on
September 12, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge James J. Robinson handles the case.
The Debtor is represented by Robert C. Keller, Esq. at Russo, White
& Keller.
BARTRAM LOGISTICS: Hires Bradley Arant Boult as Bankruptcy Counsel
------------------------------------------------------------------
Bartram Logistics LLC seeks approval from the U.S. Bankruptcy Court
for the Middle District of Tennessee to hire Bradley Arant Boult
Cummings LLP as bankruptcy counsel
The firm's services include:
a. preparing pleadings and applications for filing and
conducting examinations incidental to any related proceedings or to
the administration of this case;
b. advising the Debtor of its rights, duties, and obligations
as Debtor operating under Chapter 11 of the Bankruptcy Code in this
District;
c. taking any and all other necessary action incident to the
proper preservation of the estate and administration of this
Chapter 11 case;
d. investigating and, if necessary, instituting legal action
on behalf of the Debtor to collect and recover assets of the estate
of the Debtor; and
e. advising and assisting the Debtor in the formation and
confirmation of a plan pursuant to Chapter 11 of the Bankruptcy
Code, the disclosure statement, and any and all matters related
thereto.
The current rate for the services of Erin Malone-Smolla is $515 per
hour and $745 per hour for Austin McMullen.
Bradley requires a post-petition retainer of $30,000 per month.
Erin Malone-Smolla, Esq., a partner at Bradley Arant Boult Cummings
LLP, 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's services include:
Erin Malone-Smolla, Esq.
Austin McMullen, Esq.
BRADLEY ARANT BOULT CUMMINGS LLP
1221 Broadway, Suite 2400
Nashville, TN 37203
Phone: (615) 244-2582
Email: esmolla@bradley.com
amcmullen@bradley.com
About Bartram Logistics LLC
Bartram Logistics LLC, doing business as Bartram Electric, operates
as an electrical subcontractor providing installation and related
services for construction projects in the Southeastern United
States. The Company focuses on multifamily, hotel, and restaurant
developments and undertakes electrical scopes of work under general
contractors. It has completed more than 70 projects in the region
and continues to work on dozens of active and contracted
assignments.
Bartram Logistics LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Tenn. Case No. 25-03788) on September
9, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Randal S. Mashburn handles the case.
The Debtor is represented by Erin Malone-Smolla, Esq. at BRADLEY
ARANT BOULT CUMMINGS LLP.
BAXSTO LLC: Tap Angelo DeCaro of Quadrus Consulting as CRO
----------------------------------------------------------
Baxsto LLC seeks approval from the U.S. Bankruptcy Court for the
Western District of Texas to hire Quadrus Consulting, Inc. and
designate Angelo DeCaro as chief restructuring officer.
The firm will render these services:
a. in cooperation with the Debtor and its staff, perform a
financial review of the Debtor, its historical financial results,
on-going business operations and prospects, and historical
transactions and corporate governance changes;
b. ensure that all funds of the estate are deposited into one
or more Debtor in Possession accounts;
c. review and approve all expenditures to be made by Debtor to
ensure that such expenditures are the subject of an approved cash
collateral order:
d. assist the Debtor with preparation of any bankruptcy
required reporting, including Monthly Operating Reports;
e. assist the Debtor to develop and maintain thirteen-week
cash forecasts and budget-to-actual reporting or other reporting as
may be required by potential debtor-in-possession financing;
f. assist the Debtor and its counsel to develop a plan of
reorganization, including financial projections, liquidation
analysis, claims analysis and reconciliation, and other analysis,
as needed;
g. assist the Debtor and counsel, as requested to complete
Initial Debtor Interview questionnaire and related information,
complete and file the required Schedules of Assets and Liabilities
and Statement of Financial Affairs, and prepare for 341 meeting of
creditors; and
h. assist the Debtor and its counsel with general matters
related to the Chapter 11 case.
The firm's rates:
a. Hourly and Daily Fees of CRO (Mr. DeCaro).
i. $125 per hour up to a maximum of $1,000 per day.
Time will be recorded and included on all invoices.
b. Expenses: Quadrus will be reimbursed for the reasonable
out-of-pocket expenses of its professionals incurred in connection
with its services, such as travel, lodging, mileage, rental cars,
and photocopies, including:
i. Airfare limited to coach seating on United or American
Airlines
ii. Hotel Expense limited to $200 per day unless preapproved
the company.
iii. Rental Car, Gas and Tolls Expense as required
iv. Meal Expense at $50 per day when on site and $25 per day
on
c. Retainer: The Debtor shall provide Quadrus with a retainer
in the amount of $2,500 (Retainer) which shall be applied to final
billing activity when the CRO assignment is complete. This Retainer
will be credited against any amounts due to Quadrus at the
termination of the Engagement Letter or as otherwise authorized by
the Court. Any overage will be returned to the Debtor.
d. Additional Fees/Fee Increases: Any additional fees, fee
increases, or fees associated with other firms will be preapproved
by an executive of the Debtor and subject to the approval of the
Court.
Mr. DeCaro is a "disinterested person" within the meaning of
Bankruptcy Code section 101(14) and does not hold or represent an
interest adverse to the Debtor's estate.
The firm can be reached through:
Angelo DeCaro
Quadrus Consulting, Inc.
13401 Country Trails Ln
Austin, TX, 78732
Tel: (512) 423-0063
Email: decaro@quadrusconsulting.com
About Baxsto LLC
Baxsto LLC, based in Austin, Texas, manages and owns undivided
mineral interests in Howard and Borden Counties. Formed in 2014,
the Company leases these mineral rights to oil and gas operators
for the extraction of oil, gas, limestone, gravel, coal, sulfur,
and other minerals.
Baxsto LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. W.D. Tex. Case No. 25-11291) on August 21, 2025. In
its petition, the Debtor reports estimated assets and liabilities
between $10 million and $50 million each.
Honorable Bankruptcy Judge Shad Robinson handles the case.
The Debtor is represented by Stephen W. Sather, Esq. at BARRON &
NEWBURGER, P.C.
BENSON HILL: Gets Court OK to Convert Chapter 11 to Chapter 7
-------------------------------------------------------------
Yun Park of Law360 Bankruptcy Authority reports that on Tuesday,
September 23, 2025, a Delaware bankruptcy judge approved the
conversion of Benson Hill Inc.'s Chapter 11 case into a Chapter 7
liquidation, following the sale of the high-protein soybean
developer's business earlier in May 2025.
About Benson Hill
Benson Hill, Inc. is an ag-tech company focused on innovating soy
protein through advanced genetics. Using its CropOS technology
platform, Benson Hill creates food and feed that are more
nutritious, functional, and produced efficiently, offering
sustainability benefits to the food and feed sectors.
Benson Hill and its affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Lead Del. Case No. 25-10539) on
March 20, 2025. The petitions were signed by Daniel Cosgrove as
interim chief executive officer. In their petitions, the Debtors
reported total assets of $137,542,000 and total debts of
$110,701,000.
Judge Thomas M. Horan handles the cases.
The Debtors tapped Faegre Drinker Biddle & Reath, LLP as bankruptcy
counsel; Piper Sandler as investment banker; Meru, LLC as financial
advisor; and Stretto, Inc. as claims and noticing agent.
BRIGHTLIFE ELECTRIC: Hires Darby Law Practice as Legal Counsel
--------------------------------------------------------------
BrightLife Electric NV seeks approval from the U.S. Bankruptcy
Court for the District of Nevada to hire Darby Law Practice, Ltd as
The firm will render these services:
(a) advise the Debtor of its rights, powers and duties in the
continued operation of business and management of its properties;
(b) take all necessary action to protect and preserve the
Debtor's estate;
(c) prepare on behalf of the Debtor all necessary legal papers
in connection with the administration of its estate;
(d) attend meetings and negotiations with the Subchapter 5
trustee, representatives of creditors, equity holders or
prospective investors or acquirers and other parties in interest;
(e) appear before the court, any appellate courts and the
Office of the United States Trustee to protect the interests of the
Debtor;
(f) pursue approval of confirmation of a plan of
reorganization and approval of the corresponding solicitation
procedures and disclosure statement; and
(g) perform all other necessary legal services in connection
with the Chapter 11 case.
Kevin Darby, Esq., the primary attorney in this representation,
will be billed at his hourly rate of $550.
The firm received from the Debtor a retainer of $15,000.
Mr. Darby 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:
Kevin A. Darby, Esq.
Darby Law Practice, Ltd.
499 W. Plumb Lane, Suite 202
Reno, NV 89509
Tel: (775) 322-1237
Fax: (775) 996-7290
Email: kevin@darbylawpractice.com
About BrightLife Electric NV
BrightLife Electric NV filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. D. Nev. Case No.
25-50836) on September 12, 2025, listing $100,001 to $500,000 in
assets and $500,001 to $1 million in liabilities.
Judge Hilary L Barnes presides over the case.
The Debtors are represented by Kevin A. Darby, Esq. at Darby Law
Practice, Ltd.
BUDA MEZZ: Secured Party Sets Oct. 17, 2025 Auction
---------------------------------------------------
AN Emerson Mezz Lender, LLC ("Secured Party"), as successor-in-
interest to Natixis, New York Branch ("Original Secured Party"),
will appear at the offices of King & Spalding LLP, legal counsel to
Secured Party, at 1290 Avenue of the Americas, New York, New York
10104, and virtually via Microsoft Teams, and shall then and there
offer for sale at a public auction on Oct. 17, 2025, at 10:30 a.m.
prevailing Eastern time ("Sale Date”), ("Sale"), pursuant to the
Uniform Commercial Code, the personal property of BUDA MEZZ LLC, a
Delaware limited liability company ("Debtor"), on account of unpaid
indebtedness owed by Debtor to Secured Party.
The property offered for sale ("Collateral") will consist of any
and all right, title and interest of Debtor in, to, or under that
certain property identified in (a) Uniform Commercial Code
Financing Statement, Filing No. 2022 2918191, that was filed by
Original Secured Party against Debtor with the Delaware Department
of State on April 6, 2022, and (b) Uniform Commercial Code
Financing Statement Amendment, Filing No. 2025 5545741, that was
filed by Secured Party against Debtor with the Delaware
Department of State on July 30, 2025, with respect to certain
personal property of Debtor (including, without limitation, among
other things, Debtor's 100% limited liability company interest in
Buda Acquisition LLC, a Delaware limited liability company
("Owner"), together with the certificate evidencing the same, and
all rights of Debtor to receive the profits and the losses of and
receive distributions from Owner, all rights of Debtor to receive
distributions of Owner’s assets, and all of Debtor's economic
rights, voting rights, consent rights, management rights, control
rights, rights to status as a member, rights to inspect the books
and records of Owner and rights to receive information under the
organizational documents of Owner, and all other rights of Debtor
with respect to Owner and under the organizational documents of
Owner ("Pledged Interests").
Further information regarding the Sale, obtaining virtual
credentials for the Sale, the Collateral, and the requirements to
be considered as a "Qualified Transferee" may be obtained by
contacting (i) Matthew D. Mannion at Mannion Auctions, LLC, 299
Broadway, Suite 1601, New York, New York 10007, Email:
mdmannion@jpandr.com; and (ii) Brock Cannon at Newmark, 125 Park
Avenue, New York, New York 10017, Email: brock.cannon@nmrk.com.
BUILT TO LAST: Unsecureds Will Get 10.41% of Claims in Plan
-----------------------------------------------------------
Built to Last Construction LLC filed with the U.S. Bankruptcy Court
for the Southern District of Indiana a Small Business Plan of
Reorganization dated September 15, 2025.
The Debtor, an Indiana limited liability company, provides services
ranging from roofing jobs, bathroom and kitchen remodels, to
constructing decks, updating and replacing windows, remodeling
basements and completing general service calls.
Bradley William Form is the sole member and manager, and is also an
employee of the Debtor. He completes a variety of work on the
projects and jobs, while also overseeing job sites and completion
as foreman and performing the administrative responsibilities as
the owner and managing member. The Debtor serves individual and
commercial customers throughout Indiana.
Upon the filing of the bankruptcy case, the Debtor sought and
obtained Court authority to maintain existing bank accounts and pay
prepetition wages, compensation, and taxes in order to ensure that
the Debtor could maintain its daily operations. With the same goal
in mind, the Debtor also obtained Court authority to use cash
collateral and to continue paying the monthly loan payments to Ford
Motor Credit Company LLC and Deere & Company as adequate
protection, which the Court granted on an interim basis on June 23,
2025, and on a final basis on July 30, 2025.
Since the Petition Date, the Debtor has focused on servicing
existing and new projects to provide excellent construction
services while it worked to formulate the Plan. In order to lay a
foundation for fair and equal treatment of creditors, the Debtor
informally resolved a preferential transfer in connection with a
financing statement filed by National Funding, Inc. during the
preference period.
The goal of this resolution was to make sure National Funding would
have an unsecured Class 6 claim against the Debtor that will be
entitled to treatment in accordance with this Plan. This goal was
met with National Funding terminating the financing statement it
filed during the preference period and amending its proof of claim
(Claim No. 1) to assert an unsecured claim in the amount of
$36,162.36. Further, the Debtor has been readily available for any
questions from the creditors, and promptly amend the schedules to
reflect any changes.
The Debtor's financial projections show that for the 3-year period,
as described in section 1191(c)(2) of the Bankruptcy Code, the
Debtor anticipates an average yearly gross income of approximately
$1.25 million, with average yearly operating expenses of
approximately $1,180,002. Accordingly, on average, the yearly
projected disposable income is approximately $69,998.
The Plan proposes to pay creditors of the Debtor from cash flow
from operations.
The Plan provides that creditors holding allowed unsecured claims
will receive distributions over time, which the Debtor has
projected at approximately 10.41% of total allowed unsecured
claims.
Class 6 consists of Unsecured Claims. The Debtor estimates that the
aggregate unsecured claims are $649,499.17. Creditors holding
allowed Class 6 claims shall receive their pro rata share of annual
payments of the Debtor's actual net disposable income after payment
of administrative expenses, the Class 1 claim held by the SBA, the
Class 2 claim held by Ford, the Class 3 claim held by Deere, the
Class 4 claim held by Huntington, and the Class 5 held by priority
claimants, if any.
The Debtor will provide all claimants holding an allowed Class 6
claim with an annual true-up accounting within one month of the end
of each calendar year of the Plan, which may include a reserve not
to exceed $10,000.00, so distributions, if any, to holders of
allowed Class 6 claims for the respective year may be determined.
The Debtor shall pay holders of allowed Class 6 claims their pro
rata share of the annual payment by no later than June 1st of the
following year.
The source of funds used in the Plan for payment to creditors shall
be the Debtor's net disposable income resulting from continued,
normal business operations of the Debtor's business. The Debtor
shall contribute all net disposable income toward Plan payments
over a 3-year period.
A full-text copy of the Plan of Reorganization dated September 15,
2025 is available at https://urlcurt.com/u?l=b2iY15 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Meredith R. Theisen, Esq.
Morgan A. Decker, Esq.
RUBIN & LEVIN, P.C
135 N. Pennsylvania Street, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 634-0300
Facsimile: (317) 453-8602
Email: mtheisen@rubin-levin.net
mdecker@rubin-levin.net
About Built to Last Construction
Built to Last Construction, LLC provides services ranging from
roofing jobs, bathroom and kitchen remodels, to constructing decks,
updating and replacing windows and remodeling basements.
Built to Last Construction sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Ind. Case No. 25-03452) on
June 16, 2025, listing up to $500,000 in assets and up to $1
million in liabilities. Bradley Ford, managing member, signed the
petition.
Judge Andrea K. McCord oversees the case.
Morgan A. Decker, Esq., at Rubin and Levin, PC, represents the
Debtor as legal counsel.
BURKE MOUNTAIN: Plans Payout for EB-5 Investors from Sale, Deal
---------------------------------------------------------------
Alan J. Keays of vtdigger reports that more than 120 EB-5 investors
tied to the Burke Mountain ski resort are set to receive partial
repayment nearly a decade after a fraud scandal upended the
Northeast Kingdom development projects.
According to the report, a Miami federal judge has approved a plan
authorizing court-appointed receiver Michael Goldberg to distribute
$183,322 to each of the 121 investors -- about one-third of the
$500,000 they originally contributed. The funds come from the $11.5
million sale of Burke Mountain to Bear Den Partners LLC and a
separate $10 million settlement with Raymond James.
The EB-5 program was designed to offer foreign investors a pathway
to U.S. residency if their capital helped create jobs. Instead,
developers Ariel Quiros and Bill Stenger, along with attorney
William Kelly, diverted millions from Burke Mountain and Jay Peak
projects, as well as a failed Newport biomedical facility. All
three men were indicted in 2019 and later sentenced to prison,
marking one of Vermont's largest fraud cases, according to
vtdigger.
Goldberg, who has managed the receivership since 2016, has already
overseen the $76 million sale of Jay Peak, which generated payouts
for investors tied to that resort. With this latest distribution,
he emphasized that all Burke Mountain investors will be treated
fairly based on their original commitments. Regulators first
uncovered the scheme nearly a decade ago, and Friday's, September
19, 2025, ruling by Judge Darrin P. Gayles marks a major step in
winding down the long-running case, the report said.
About Burke Mountain Ski Resort
Burke Mountain Ski Resort is a medium-size ski resort in northeast
Vermont that is open to snowboarding and skiing.
BYRD'S NEST: Stephen Moriarty Named Subchapter V Trustee
--------------------------------------------------------
The U.S. Trustee for Region 14 appointed Stephen Moriarty, Esq., at
Fellers, Snider, Blankenship, Bailey & Tippens, P.C., as Subchapter
V trustee for Byrd's Nest B & B, LLC.
Mr. Moriarty will be paid an hourly fee of $575 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Moriarty declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Stephen J. Moriarty, Esq.
Fellers, Snider, Blankenship, Bailey & Tippens, P.C.
100 N. Broadway, Suite 1700
Oklahoma City, OK 73102
Telephone: (405) 232-0621
Facsimile: (405) 232-9659
Email: smoriarty@fellerssnider.com
About Byrd's Nest B & B
Byrd's Nest B & B, LLC filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. W.D. Okla. Case No.
25-12867) on September 16, 2025, listing between $100,001 and
$500,000 in assets and liabilities.
CAPE FEAR: Case Summary & 18 Unsecured Creditors
------------------------------------------------
Debtor: Cape Fear Discount Drug, LLC
2800 Raeford Road, Suite 18
Fayetteville, NC 28303
Business Description: Cape Fear Discount Drug, LLC operates a
community-focused pharmacy providing
prescription dispensing, immunizations,
medication therapy management, and over-the-
counter products. The pharmacy is part of
the Good Neighbor Pharmacy network and
serves local residents with programs
including family vitamins and child safety
initiatives.
Chapter 11 Petition Date: September 23, 2025
Court: United States Bankruptcy Court
Eastern District of North Carolina
Case No.: 25-03693
Judge: Hon. David M Warren
Debtor's Counsel: Laurie B. Biggs, Esq.
BIGGS LAW FIRM PLLC
9208 Falls of Neuse Road Suite 120
Raleigh, NC 27615
Tel: (919) 375-8040
Fax: (919) 341-9942
Email: lbiggs@biggslawnc.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Dustin Cody Gay as president.
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/U7HDEYA/Cape_Fear_Discount_Drug_LLC__ncebke-25-03693__0001.0.pdf?mcid=tGE4TAMA
CAROLINA'S CONTRACTING: Seeks to Hire Jeff Martin as Auctioneer
---------------------------------------------------------------
Carolina's Contracting, LLC seeks approval from the U.S. Bankruptcy
Court for the Middle District of North Carolina to employ Jeff
Martin Auctioneers to provide appraisal services.
It is anticipated that Lee M. Danhaure will oversee the appraisals
and manage all employees of Jeff Martin that work on the project.
The professional services to be rendered include inspecting all of
the Debtor's equipment and providing written opinions of Fair
Market Value and Liquidation Value of the equipment.
Jeff Martin will charge $22,650 as a fee for the appraisal plus out
of pocket expenses.
As disclosed in the court filings, Jeff Martin Auctioneers is a
disinterested person as defined in 11 U.S.C. Section 101(14).
The firm can be reached through:
Lee M. Danhaure
Jeff Martin Auctioneers
P.O. Box 16809
Hattiesburg, MS 39404
Phone: (601) 450-6200
Toll Free No: 1-844-450-6200
Fax: (601) 450-4980
Email: info@jeffmartinauctioneers.com
About Carolina's Contracting, LLC
Carolina's Contracting LLC is a licensed general contractor based
in Davidson, North Carolina, specializing in land development and
grading services. Established in 2013, Company offers a range of
services including grading, storm drainage, sanitary sewer,
waterline installation, culverts, and stone base work.
Carolina's Contracting sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. N.C. Case No. 25-50284) on April 28,
2025. In its petition, the Debtor reported total assets of
$31,405,291 and total liabilities of $25,942,522.
Judge Lena M. James oversees the case.
The Debtor is represented by:
Dirk W. Siegmund, Esq.
Ivey, McClellan, Siegmund,
Brumbaugh & McDonough, LLP
Tel: (336) 274-4658
Email: dws@iveymcclellan.com
CENTER FOR SPECIAL: Affiliate to Sell Clearwater Property to Quirk
------------------------------------------------------------------
Michael Goldberg, the Chapter 11 Trustee of the case of The Center
for Special Needs Trust Administration Inc., seeks approval from
the U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division, to sell Property owned by Broadleaf Warner LLC, free and
clear of liens, claims, and encumbrances.
The Debtor is a 501(c)(3) non-profit Florida corporation that
administers pooled trusts and special needs trusts. The Debtor is
the trustee or co-trustee of numerous special needs trusts,
including both stand-alone trusts and pooled trusts for
approximately 2,000 beneficiaries who suffer from various levels of
disability. The Debtor's primary service as trustee of the Trusts
is to manage the Trusts, maintain records for assets managed by
third party investment managers, respond to request for
distributions from Beneficiaries, and make distributions in a
manner that still ensures that the applicable beneficiary meets the
income and asset thresholds to qualify for certain public
assistance benefits, such as Medicaid, Social Security, or
Supplemental Security Income. The Debtor's services help to ensure
that Beneficiaries maintain their qualification for these critical
public assistance benefits.
The Debtor was initially established by Leo Govoni, who served on
the Debtor's Board of Directors until he resigned in 2008 or early
to mid-2009. However, following his resignation, Govoni allegedly
continued to control and exert his influence over the Debtor's
operation and finances through a web of corporate entities.
The Chapter 11 Trustee, through its Final Judgment against Boston
Finance Group, LLC (BFG), has established that BFG received
numerous transfers of funds from the Debtor totaling well over $100
million between 2009 and 2020. The funds utilized to make these
transfers were allegedly taken from over 1,000 Trusts managed by
the Debtor and the transfers were documented as a purported loan
from the Debtor to BFG.
BFG's Property is located at 4912 Creekside Drive, Clearwater,
Florida 33760.
Until June 3, 2025, Govoni owned interests in many other companies
that also allegedly received transfers from the Debtor over the
years, including but not limited to Broadleaf. Broadleaf is a New
Hampshire limited liability company formed in 2012.
Broadleaf is a Debtor/Govoni related entity to which the Trustee
holds title to on behalf of the Debtor's estate.
The Trustee appointed Nperspective Advisory Services, LLC and
William A. Long, Jr. as Restructuring Advisor and Chief
Restructuring Officer of Global Litigation Consultants, LLC, Boston
Settlement
Group, LLC, and Boston Asset Management, Inc in the adversary filed
against Govoni and Boston Finance Group LLC.
On June 3, 2025, upon the consent of Govoni, the Court entered the
Agreed Order Transferring Defendants' Stock and Limited Liability
Company Membership Interests to Chapter 11 Trustee through which
Govoni agreed to the transfer all of his interests in Broadleaf
directly to the Chapter 11 Trustee.
The Trustee, through Mr. Long, has received an offer to purchase
the Real Property for a total purchase price of $675,000.00 from
Dawn R. Quirk and Justin J. Bull, which includes a $20,000 deposit
with no financing contingencies.
The Purchaser has no ownership or other interest in the Real
Property or connections with Govoni or any entity owned or
controlled by him which information was verified by the Trustee.
The Chapter 11 Trustee believes that the acquisition of the Real
Property was funded, in whole or in part, using funds that were
held and/or owned by the Debtor.
Mr. Goldberg is authorized to sell the Real Property, as he is now
the majority owner of Broadleaf. Thus, the Chapter 11 Trustee
requests that the Court enter an order approving the sale of the
Real Property.
The Trustee, through his ownership of all the stock/equity in
Broadleaf is treating the Real Property as property of the estate.
After the Trustee accepted the Purchaser's Offer, however, the
Trustee received an offer from the original offeror (the one who
had offered $620,000). This time, he was offering $750,000, but it
did not come until the Real Property was already under contract at
$675,000. The contract for the sale of the Real Property is subject
to Court approval and the original interested buyer who made the
$750,000 offer will be notified of the sale hearing emanating from
the Motion.
About The Center for Special Needs Trust Administration
The Center for Special Needs Trust Administration, Inc. filed
Chapter 11 petition (Bankr. M.D. Fla. Case No. 24-00676) on Feb. 9,
2024, with $100 million to $500 million in both assets and
liabilities.
Judge Roberta A. Colton oversees the case.
Scott A. Stichter, Esq., at Stichter, Riedel, Blain & Postler, PA
is the Debtor's legal counsel.
On March 4, 2024, the U.S. Trustee appointed an official committee
of unsecured creditors in this Chapter 11 case. The committee
tapped Underwood Murray, PA as bankruptcy counsel and Gilbert
Garcia Group, PA as special counsel.
CFMS TEXAS: Seeks to Hire Monument Realty - Cheney Group as Broker
------------------------------------------------------------------
CFMS Texas Properties LLC seeks approval from the U.S. Bankruptcy
Court for the Northern District of Texas to hire Monument Realty -
Cheney Group as broker.
The firm's services include:
a. marketing and selling property of the Debtor's bankruptcy
estate;
b. assisting the Debtor with any other needs related to
Debtor's efforts to sell property of the estate.
The Debtor proposes to pay Broker a 6 percent commission,
calculated as a percentage of the sales price obtained for the
property.
The broker is a disinterested person as that term is defined in
section 104(14) of the Bankruptcy Code and does not represent or
hold an interest adverse to the Debtor or its estate, according to
court filings.
The broker can be reached through:
Jeff Cheney
Monument Realty - Cheney Group
One Cowboys Way Ste. 160
Frisco, TX, 75034
Tel: (214) 550-8200
Email: jeff@cheneygroup.com
About CFMS Texas Properties LLC
CFMS Texas Properties LLC is a single-asset real estate company
whose principal asset is located at 6001 Tension Drive, Fort Worth,
TX 76112.
CFMS Texas Properties LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-42027) on June
2, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated assets between
$100,000 and $500,000.
Honorable Bankruptcy Judge Mark X. Mullin handles the case.
The Debtors are represented by Joyce W. Lindauer, Esq. at JOYCE W.
LINDAUER ATTORNEY, PLLC.
CHABAD OF GRAMERCY: Taps Ariel Property as Real Estate Broker
-------------------------------------------------------------
Chabad of Gramercy Park seeks approval from the U.S. Bankruptcy
Court for the Eastern District of New York to hire Ariel Property
Advisors LLC as real estate broker.
The broker will list, market and sell the Debtor's property located
at:
a. 116 West 14th Street #1, New York NY Block 609 Lot 1001;
b. 40 West 22nd Street #Comm New York NY Block 823 Lot 65; and
c. 12 East 13th Street #Com New York NY Block 570 Lot 101.
The firm will receive commission as follows:
1. 12 East 13th Street:
-- 3 percent of the first $2.4 million of gross proceeds
-- 4 percent of gross proceeds in excess of $2.4 million up
to $2.7 million
-- 5 percent of gross proceeds in excess of $2.7 million
2. 116 West 14th Street:
-- 3 percent of the first $3.4 million of gross proceeds
-- 4 percent of gross proceeds in excess of $3.4 million up
to $3.7 million
-- 5 percent of gross proceeds in excess of $3.7 million
3. 40 West 22nd Street:
-- 3 percent of the first $3.3 million of gross proceeds
-- 4 percent of gross proceeds in excess of $3.3 million up
to $3.7 million
-- 5 percent of gross proceeds in excess of $3.7 million
As disclosed in a court filing that the Broker is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Shimon Shkury
Ariel Property Advisors LLC
122 East 42nd Street, Suite 2405
New York, NY 10168
Tel: (212) 544-9500
Fax: (212) 544-9501
About Chabad of Gramercy Park
Chabad of Gramercy Park owns a portfolio of five properties
situated across various locations in New York, with a combined
estimated value of $13.77 million.
Chabad of Gramercy Park sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No.: 25-40105) on January 8,
2025. In its petition, the Debtor reports total assets of
$13,770,000 and total liabilities of 24,715,943.
Honorable Bankruptcy Judge Jil Mazer-Marino handles the case.
Alla Kachan, Esq., at Law Offices of Alla Kachan P.C., represents
the Debtor as counsel.
CHICAGO EDUCATION BOARD: Fitch Alters Outlook on 'BB+' IDR to Neg.
------------------------------------------------------------------
Fitch Ratings has affirmed the Chicago Board of Education, IL's
(CBOE) Issuer Default Rating (IDR) and unlimited tax general
obligation (ULTGO) bond rating at 'BB+'. Fitch has also affirmed
CBOE's dedicated capital improvement tax (CIT) bonds at 'A'.
The Rating Outlook has been revised to Negative from Stable.
Entity/Debt Rating Prior
----------- ------ -----
Chicago Board of
Education (IL) LT IDR BB+ Affirmed BB+
Chicago Board
of Education (IL)
/General Obligation
- Unlimited Tax/1 LT LT BB+ Affirmed BB+
Chicago Board of
Education (IL)
/Limited Ad Valorem
Tax Revenues/1 LT LT A Affirmed A
The Chicago Board of Education's IDR and ULTGO bonds Outlook
revision to Negative reflects the challenge of maintaining
structural balance amid revenue pressures. Key pressures included
the exhaustion of federal pandemic aid and uncertainty over ongoing
federal funds, declining personal property replacement tax
revenues, and under-adequacy in state funding—about $985 million
below the Evidence-Based Funding (EBF) target. These pressures are
compounded by CBOE's growing expenditure base, partly due to the
recently settled collective bargaining agreement with the Chicago
Teachers Union (CTU) and legacy debt and pension costs.
CBOE recently closed a $734 million gap for fiscal 2026 (the fiscal
year that began July 1) through a combination of recurring and
temporary solutions such as cuts to department budgets ($291
million), increased tax increment financing revenue assumptions
($79 million), use of reserves from the debt service stabilization
fund ($65 million), and withholding the $175 million reimbursement
to the city of Chicago for the Municipal Employees Annuity and
Benefit Fund (MEABF) contingent on receipt of state and local
revenue above budgeted expectations.
Including these actions, CBOE projects structural deficits of about
$520 million in fiscal 2027 and $582 million in fiscal 2028. Fitch
believes future gap-closing actions will require some level of
external support from the state and/or city, the outcome of which
is highly uncertain, and further departmental cuts. Because labor
drives most costs, additional cuts could prove difficult given
student service needs and historically contentious CBOE-CTU
relationship.
Rating stability is predicated on the district's ability to achieve
consensus on these difficult decisions and demonstrate considerable
progress towards reducing the structural budget imbalance while
preserving an adequate level of reserves and liquidity. Failure to
do so would result in a rating downgrade of at least one notch
within the next one to two years.
The affirmations of CBOE's IDR and ULTGO reflect CBOE's 'bb'
financial resilience assessment given its 'minimal' level of
budgetary flexibility. The ratings also consider CBOE's elevated
long-term liability burden and mixed demographic and economic
strength profile. The rating also reflects negative Additional
Analytical Factors for Pension Funding Assumptions, Pension
Contributions and Capital Demands and Affordability.
The affirmation of the CIT rating at 'A' reflects Fitch's dedicated
tax analysis. The bond structure's resilience is assessed at 'a'
backed by the stability of pledged revenues derived from an ad
valorem tax levy equivalent to 1.10x annual debt service. The 'a'
resilience assessment factors in risk to cyclical stresses and tax
collection delinquencies. CIT structural elements and security
interests are sufficiently strong to warrant a maximum five-notch
rating distinction between the CIT rating and the district's IDR
using Fitch's "U.S. Public Finance Local Government Rating
Criteria". The Negative Outlook on the CIT bonds reflects Fitch's
capping of the CIT rating by the CBOE's IDR.
Rating Sensitivities
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Failure to right size district costs in the absence of additional
revenue, resulting in an ongoing reliance on nonrecurring fiscal
measures, including short-term borrowing for operations, including
pension payments, and actual or expected weakening of available
reserves and liquidity.
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- For the CIT bonds, a downgrade of the district's IDR and/or
decline in property tax collection rates below historical levels.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Demonstrated commitment to addressing budget gaps through
structural measures and maintaining reserves at least equal to 10%
of spending over time, which would raise the district's financial
resilience to 'bbb' or higher;
- An approximate 50% reduction in long-term liability burden
metrics, assuming current personal income and governmental
resources;
- An improved revenue outlook stemming from the combination of
enrolment growth and/or additional increases in state funding.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- For the CIT bonds, an upgrade is not anticipated based on
expected coverage levels from the statutory property tax levy.
SECURITY
The CBOE's ULTGO bonds are payable from dedicated CBOE revenues in
the first instance and also payable from unlimited ad valorem taxes
levied against all taxable property within the district, which is
coterminous with the city of Chicago.
Fitch’s Local Government Rating Model
The Local Government Rating Model generates Model Implied Ratings,
which communicate the issuer's credit quality relative to Fitch's
local government rating portfolio. (The Model Implied Rating will
be the Issuer Default Rating except in certain circumstances
explained in the applicable criteria.) The Model Implied Rating is
expressed via a numerical value calibrated to Fitch's long-term
rating scale that ranges from 10.0 or higher (AAA), 9.0 (AA+), 8.0
(AA), and so forth down to 1.0 (BBB- and below).
Model Implied Ratings reflect the combination of issuer-specific
metrics and assessments to generate a Metric Profile and a
structured framework to account for Additional Analytical Factors
not captured in the Metric Profile that can either mitigate or
exacerbate credit risks. Additional Analytical Factors are
reflected in notching from the Metric Profile and are capped at
+/-3 notches.
Ratings Headroom & Positioning
Chicago Board of Education Model Implied Rating: BBB- (Numerical
Value: 0.00)
- Metric Profile: BBB+ (Numerical Value: 3.00)
- Net Additional Analytical Factor Notching: -3.0
Individual Additional Analytical Notching Factors:
- Non-Recurring Support or Spending Deferrals: -1.0
- Pension Funding Assumptions: -1.0
- Pension Contributions: -1.0
- Capital Demands and Affordability: -1.0
Chicago Board of Education's Model Implied Rating is BBB-. The
associated numerical value of 0.00 is at the lower end of the 0.0
to 1.0 range for a BBB- rating.
Key Rating Drivers
Financial Profile
Financial Resilience - bb
Chicago Board of Education's financial resilience is driven by the
combination of its Low revenue control assessment and Low
expenditure control assessment, culminating in a Minimal budgetary
flexibility assessment.
- Revenue control assessment: Low
- Expenditure control assessment: Low
- Budgetary flexibility assessment: Minimal
- Minimum fund balance for current financial resilience assessment:
10.0%
- Current year fund balance to expenditure ratio: 15.3% (2024)
- Lowest fund balance to expenditure ratio for the fiscal-year
period 2020-2024: 7.9% (2020)
Revenue Volatility - Midrange
Chicago Board of Education's weakest historic three-year revenue
performance has a modest negative impact on the Model Implied
Rating.
The revenue volatility metric is an estimate of potential revenue
volatility based on the issuer's historical experience relative to
the median for the Fitch-rated local government portfolio. The
metric helps to differentiate issuers by the scale of revenue loss
that would have to be addressed through revenue raising, cost
controls or utilization of reserves through economic cycles.
- Lowest three-year revenue performance (based on revenues dating
back to 2005): 5.9% decrease for the three-year period ending
fiscal 2015
- Median issuer decline: -4.3% (2024)
Financial Profile Additional Analytical Factors and Notching: -1.0
notch (for Non-Recurring Support or Spending Deferrals)
Fitch will continue to assess the district's financial performance
in relation to its ability to align spending with recurring
revenue. Recent years' positive financial results reflect
significant support from federal pandemic aid. In fiscal 2023 the
district generated an operating surplus after transfers of $198.6
million or 2.6% of spending, driven in large part by the inclusion
of approximately $586 million in federal stimulus spending,
approximately 6.6% of the operating budget.
The fiscal 2024 budget appropriated an additional $670 million in
stimulus (7.9% of the operating budget), with the remaining $233
million allocated in the fiscal 2025 budget. The district
anticipates that the 2025 revenues and expenditures will be
alignment with budget. However, the district is showing a negative
net cash flow position of negative $339 million, driven partially
by $220 million in pay-go capital spending that will be reimbursed
to the general fund with the upcoming 2025 bond issuance.
CBOE adopted an $8.7 billion operating budget for fiscal 2026, an
increase of approximately 1% yoy, which closed a $734 million
budget gap (approximately 8.4% of the operating budget) that
resulted from the exhaustion of federal relief funding, and cost
pressures in the newly adopted CTU contract, healthcare and
required special education resources. The largest source of savings
was from efficiencies and other cost savings in central and
departmental budgets ($291 million). The budget depends on one-time
monies from expectations for a large TIF surplus of $379 million
and defines a $175 million reimbursement to city for MEABF as
contingent upon additional revenue.
CBOE's fiscal challenges are accentuated by a shortfall in its
adequacy funding target per the EBF framework, which the district
estimates at approximately $985 million by fiscal 2027. Additional
recurring resources driven by improved enrollment trends or state
funding that support a more stable fiscal outlook could trigger
removal of this negative Additional Analytical Factor and positive
rating action.
Demographic and Economic Strength
Population Trend - 'Weakest'
Based on the median of 10-year annual percentage change in
population, Chicago Board of Education's population trend is
assessed as 'Weakest'
Population trend: -0.5% 2023 median of 10-year annual percentage
change in population (2nd percentile)
Unemployment, Educational Attainment and MHI Level - Midrange
The overall strength of Chicago Board of Education's demographic
and economic level indicators (unemployment rate, educational
attainment, median household income [MHI]) in 2024 are assessed as
Midrange on a composite basis, performing at the 41st percentile of
Fitch's local government rating portfolio. This is due to high
education attainment levels offsetting low median-issuer indexed
adjusted MHI and high unemployment rate.
- Unemployment rate as a percentage of national rate: 177.8%
Analyst Input (6th percentile) (versus 2024), relative to the
national rate of 4.0%
- Percent of population with a bachelor's degree or higher: 43.3%
(2023) (80th percentile)
- MHI as a percent of the portfolio median: 92.1% (2023) (38th
percentile)
Economic Concentration and Population Size - Strongest
Chicago Board of Education's population in 2023 was of sufficient
size and the economy was sufficiently diversified to qualify for
Fitch's highest overall size/diversification category.
The composite metric acts asymmetrically, with most issuers (above
the 15th percentile for each metric) sufficiently diversified to
minimize risks associated with small population and economic
concentration. Downward effects of the metric on the Metric Profile
are most pronounced for the least economically diverse issuers (in
the 5th percentile for the metric or lower). The economic
concentration percentage shown below is defined as the sum of the
absolute deviation of the percentage of personal income by major
economic sectors relative to the U.S. distribution.
- Population size: 2,648,266 (2023) (above the 15th percentile)
- Economic concentration: 16.4% Analyst Input (above the 15th
percentile) (vs. 14.6% 2024 Actual)
Long-Term Liability Burden
Long-Term Liability Burden - Weakest
Chicago Board of Education's long-term liability metrics remain
broadly weak across each of the three dimensions: liabilities to
personal income, liabilities to governmental revenue, and carrying
costs to governmental expenditures. The long-term liability
composite metric in 2024 is at the 9th percentile, indicating an
elevated liability burden relative to the Fitch's local government
rating portfolio.
- Liabilities to personal income: 13.2% Analyst Input (10th
percentile) (vs. 13.0% 2024 Actual)
- Liabilities to governmental revenue: 293.7% Analyst Input (11th
percentile) (vs. 290.2% 2024 Actual)
- Carrying costs to governmental expenditures: 24.5% (2024) (6th
percentile)
Long-Term Liability Burden Additional Analytical Factors and
Notching: -2.0 notch (for Capital Demands and Affordability,
Pension Funding Assumptions, and Pension Contributions)
The negative Additional Analytical Factors reflect a combination of
credit pressures within the context of a highly burdened resource
base given the magnitude of the CBOE's pension liabilities and
capital needs along with those related to the city of Chicago, with
whom the district continues to have varying degrees of governance,
fiscal and tax base overlap. Under GASB 67 reporting, the Chicago
Teachers' Pension Fund (CTPF) reported a 43.4% asset to liability
ratio as of June 30, 2023 based on a blended discount rate of 6.33%
(reflecting the actuary's forecast of eventual asset depletion in
2079). Fitch estimates a modestly lower ratio incorporating its
standard 6.0% return assumption.
The negative Additional Analytical Factor's reflect an expectation
for the NPL to trend higher over time, as pension contributions
reflect state law requiring payments sufficient to reach a 90%
actuarial funding level, rather than 100%, by 2059.
Pension contributions to the CTPF are expected to steadily increase
from the $1.02 billion budgeted in fiscal 2025 (equivalent to
roughly 12% of the operating budget). CBOE receives state
contributions for the normal cost for pensions ($338.7 million in
fiscal 2025) and revenue from a rate-capped local dedicated
property tax levy established pursuant to state law ($558.7
million) to cover its pension contributions but these sources have
not been sufficient to cover the full amount, requiring use of
other operating resources (approximately $103 million in fiscal
2025) to make up the difference.
Future contribution levels are sensitive to volatility inherent in
the performance of investment returns and other actuarial
assumptions, which could stress CBOE's ability to meet higher
operating costs and address future budget deficits.
The negative AAF's also incorporate capital funding pressures
stemming from the district's aging facilities (522 campuses and 803
buildings with an average age of more than 84 years) and more than
$3 billion in immediate critical facility needs. The capital budget
is primarily funded by GO bonds, which are principally repaid from
general state aid received under the EBF mechanism. A broader look
at building expenses includes $14 billion for backlogged repairs,
and more engineers and maintenance, adding $100 million in new
costs since 2019.
Direct debt was adjusted to deduct outstanding principal scheduled
to amortize through fiscal 2025 and to add $650 million of new
money GO bonds to be issued in fiscal 2025.
Dedicated Tax Security
The CIT bonds are secured by a first priority lien on CIT revenues,
which constitute a property tax levied by the CBOE on all taxable
property within the district. The CIT bonds are also backed by a
debt service reserve fund equal to 14% of maximum annual debt
service.
Dedicated Tax Key Rating Drivers
Growth Prospects for Revenues - a
Levy Subject to Inflationary Adjustment: CBOE is authorized to levy
the CIT subject to a statutory cap for each levy year established
based on the amount of the CIT for the preceding tax levy year
increased by annual growth in the CPI, which supports an a growth
prospect assessment. No policy action is required to adjust the tax
rate to offset changes in assessed value.
Sensitivity and Resilience - a
Resilience Supported by Statutory Levy: Debt service was structured
to provide a minimum of 1.1x coverage of annual debt service,
without assuming inflationary increases. This leaves only the risk
of diminishing collection rates, which historically have been
stable and well within the norm for U.S. municipalities, supporting
an a assessment for resilience of the security structure.
Exposure To Related Government
Fitch has identified a number of structural elements considered
sufficient to reduce the incentive to challenge the special revenue
status given the definitions outlined in the bankruptcy code, which
allows for the CIT bonds to be rated up to a maximum of five
notches above the district's IDR according to the criteria.
PROFILE
The CBOE provides pre-K through 12 education through the operation
of 522 individual campuses and 803 school facilities. The
district's taxing jurisdiction is coterminous with the city of
Chicago. The district ranks amongst the largest school districts in
the U.S. with an enrollment of 323,251 for the 2023-2024 school
year, a modest increase of approximately 0.4% yoy reversing a more
than decade long period of consecutive years of enrollment decline.
The district serves a high proportion of English learners, students
of color and low-income students.
Sources of Information
In addition to sources of information identified in Fitch's
applicable criteria specified below, this action was informed by
data from DIVER by Solve.
ESG Considerations
Chicago Board of Education (IL) has an ESG Relevance Score of 4 for
Labor Relations & Practices, which reflect a history of labor
related spending pressures and, in Fitch's opinion, a contentious
relationship with its teaching professionals. The CTU's history of
labor stoppages include a 19-day strike in 1987, a 9-day strike in
2012 and an 11-day strike in 2019.
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.
CIBUS INC: Kimberly Box Joins Board, Key Strategic Committees
-------------------------------------------------------------
Cibus Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that the Board of Directors
appointed Kimberly A. Box to serve as member of the Board,
effective as of September 11, 2025.
Ms. Box will serve as a member of the Board's standing Compensation
Committee and standing Nominating and Corporate Governance
Committee as well as a member of the special committee of the Board
that is evaluating strategic alternatives to maximize shareholder
value, in each case, effective as of such date.
Ms. Box, 65, Ms. Box previously served as the President and Chief
Executive Officer of Gatekeeper Innovation, Inc. (acquired by
RxGuardian), a healthcare company that creates products to keep
medications safe, which she joined in 2016. Prior to joining
Gatekeeper Innovation, Ms. Box enjoyed a successful 29-year career
with Hewlett Packard (NYSE: HPQ), holding various executive
positions, the most recent being Vice President, Global IT
Services, a position she held until 2009 when she left Hewlett
Packard. Ms. Box also serves on the Boards of Directors of McGrath
RentCorp (NASDAQ: MGRC), where she serves as Chair of the
Compensation Committee and is a member of the Audit Committee and
Corporate Governance and Nominating Committee, and Applied Science,
Inc., a private company. Ms. Box formerly served on the Board of
Directors of American River Bank (NASDAQ: AMRB) until it was
acquired in 2021. Ms. Box holds a Bachelor of Science in Business
Administration with a concentration in Management and a minor in
Computer Science from California State University, Chico. She also
completed the Executive Development Program at The Wharton School
of the University of Pennsylvania and has a NACD Directorship
Certification(TM) (2021) and a CERT in Cybersecurity Oversight from
the Software Engineering Institute at Carnegie Mellon University
(2022). Ms. Box was formerly on the NACD Northern California
Chapter board and served as the Chair, and was named to the NACD
Directorship 100(TM), an annual recognition of the leading
corporate directors who significantly impact boardroom practices
and performance.
There are no arrangements or understandings between Ms. Box and any
other persons pursuant to which Ms. Box was named as a director of
the Board. Ms. Box has no direct or indirect material interest in
any transaction or proposed transaction required to be reported
under Item 404(a) of Regulation S-K.
In accordance with the Company's customary practice, the Company
entered into its standard form of indemnification agreement for
directors and executive officers with Ms. Box in connection with
her election to the Board. Pursuant to the Company's Non-Employee
Director Compensation Policy, the Board agreed to provide Ms. Box
with annual compensation comprising:
(i) a cash retainer equal to $60,000, payable semi-annually,
and
(ii) subject to board approval and granting pursuant to the
terms and provisions of the Cibus, Inc. 2017 Omnibus Incentive
Plan, as amended, equity compensation with a grant date value equal
to $90,000.
Such annual compensation will be prorated for Ms. Box's service for
the remainder of the 2025 fiscal year.
About Cibus
Cibus Inc. is an agricultural biotechnology company based in San
Diego, California. It develops genetic traits for major food crops
using its proprietary gene-editing platform, the Rapid Trait
Development System. The Company's technology aims to improve crop
productivity and resilience by addressing challenges such as pests,
diseases, and environmental stressors.
San Diego, Calif.-based BDO USA, P.C., the Company's auditor since
2023, issued a "going concern" qualification in its report dated
March 20, 2025, attached to the Company's Annual Report on Form
10-K for the year ended December 31,2024. The report highlights
that the Company has suffered recurring losses from operations and
negative cash flows from operations that raise substantial doubt
about its ability to continue as a going concern.
As of June 30, 2025, the Company had $346.20 million in total
assets, $271.72 million in total liabilities, and a total
stockholders' equity of $74.48 million.
CITY MASSAGE: Aleida Martinez Molina Named Subchapter V Trustee
---------------------------------------------------------------
The Acting U.S. Trustee for Region 21 appointed Aleida Martinez
Molina, Esq., as Subchapter V trustee for City Massage, LLC.
Ms. Molina will be paid an hourly fee of $450 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Molina declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Aleida Martinez Molina, Esq.
2121 NW 2nd Avenue, Suite 201
Miami, FL 33127
Telephone: (305) 297-1878
Email: Martinez@subv-trustee.com
About City Massage
City Massage, LLC filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-20791) on
September 16, 2025, listing up to $50,000 in assets and between
$500,001 and $1 million in liabilities.
Judge Corali Lopez-Castro presides over the case.
Tamara D. McKeown, Esq., represents the Debtor as legal counsel.
CLAIRE'S STORES: Ames Watson Buys North America Operations
----------------------------------------------------------
Retail Insight Network reports that U.S.-based private investment
firm Ames Watson has purchased Claire's North American business for
$140 million following the retailer's Chapter 11 bankruptcy filing
in August 2025.
Claire's, founded in 1974 and recognized for its youth-focused
fashion accessories, jewelry, and cosmetics, has faced mounting
financial challenges on both sides of the Atlantic, according to
the report. The acquisition is aimed at modernizing and
revitalizing the brand, which has been a staple for young shoppers
for decades.
Ames Watson co-founder Lawrence Berger described Claire's as a
brand that "defines a stage of life," noting the strong emotional
connection customers have with it. To support the turnaround, the
firm brought in RCS Real Estate Advisors to negotiate with
landlords across North America, securing preliminary agreements
with hundreds of property owners. The agreements cover more than
800 Claire's stores, with the potential to extend to as many as 950
locations. Ames Watson, which previously acquired headwear retailer
Lids in 2019, plans to focus Claire's strategy on exclusivity,
customization, and cultural relevance, the report states.
Partner and co-founder Tom Ripley emphasized that the company’s
approach to revivals begins with people, pointing to Claire's
long-tenured field team as the foundation for the restructuring
effort. Meanwhile, in the UK and Ireland, Claire's entered
administration in August 2025, with Interpath Advisory's Will
Wright and Chris Pole appointed as joint administrators. The
restructuring in both regions underscores the brand's effort to
stabilize operations and reposition itself in a competitive retail
market, the report relays.
About Claire's Stores
Claire's Stores, Inc. -- http://www.clairestores.com/-- is a
specialty retailer of jewelry, accessories, and beauty products for
young women, teens, "tweens," and kids. Through the Claire's brand,
the Claire's Group has a presence in 45 nations worldwide, through
a total combination of over 7,500 Company-owned stores, concessions
locations, and franchised stores. Headquartered in Hoffman Estates,
Illinois, the Company began as a wig retailer by the name of
"Fashion Tress Industries" founded by Rowland Schaefer in 1961. In
1973, Fashion Tress Industries acquired the Chicago-based Claire's
Boutiques, a 25-store jewelry chain that catered to women and
teenage girls. Following that acquisition, Fashion Tress Industries
changed its name to "Claire's Stores, Inc." and shifted its focus
to a full line of fashion jewelry and accessories.
In 2007, the Company was taken private and acquired by investment
funds affiliated with, and co-investment vehicles managed by,
Apollo Management VI, L.P. Claire's Group employs approximately
17,000 people globally. Claire's Stores, Inc., and 7 affiliates
sought Chapter 11 protection (Bankr. D. Del. Case No. 18-10584) on
March 19, 2018, after reaching terms of a balance sheet
restructuring with their first lien lenders and sponsor Apollo
Global Management, LLC.
As of Oct. 28, 2017, Claire's Stores reported $1.98 billion in
total assets against $2.53 billion in total liabilities.
The Hon. Brendan Linehan Shannon is the case judge.
The Debtors tapped Weil, Gotshal & Manges LLP as their bankruptcy
counsel; Richards, Layton & Finger, P.A. as local counsel; FTI
Consulting as restructuring advisor; Lazard Freres & Co. LLC as
investment banker; Hilco Real Estate, LLC as real estate advisor;
and Prime Clerk as claims agent and administrative advisor.
Andrew R. Vara, Acting U.S. Trustee for Region 3, appointed seven
creditors to serve on an official committee of unsecured creditors.
The Committee retained Cooley LLP, as counsel, and Bayard, P.A., as
co-counsel.
2nd Chapter 11 Attempt
Claire' Stores sought relief under Chapter 11 of the U.S.
Bankruptcy Code {Bankr. 25-11462) on August 6, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $1 billion and $10 billion each.
The Debtor is represented by Zachary I. Shapiro, Esq. at Richards,
Layton & Finger, P.A.
CLESMA INC: Seeks Cash Collateral Access
----------------------------------------
Clesma Inc. asks the U.S. Bankruptcy Court for the Eastern District
of Texas, Sherman Division, for authority to use cash collateral
and provide adequate protection.
The Debtor asserts that access to cash collateral is essential to
maintain daily operations, including payroll, purchasing supplies,
and covering necessary business expenses.
To support its request, the Debtor has submitted a four-week
operating budget outlining anticipated income and expenses. The
Debtor seeks permission to use up to 110% of each budgeted line
item, provided that the total monthly expenditures do not exceed
the projected monthly total by more than 5%. The Debtor also
anticipates unforeseeable expenses that may arise and requests
authority to address those within the stated limits.
According to public records, The Huntington National Bank holds two
UCC-1 financing statements that appear to be blanket liens on the
Debtor's assets, including accounts receivable, inventory, and
equipment. The underlying loan is SBA-backed. In exchange for using
the cash collateral, the Debtor proposes granting Huntington
replacement liens of equal extent and priority as of the petition
date.
A copy of the motion is available at https://urlcurt.com/u?l=oJFtjR
from PacerMonitor.com.
About Clesma Inc.
Clesma Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Texas Case No. 25-42744) on September
18, 2025, listing up to $100,000 in assets and up to $1 million in
liabilities. Carlos Arce, president of Clesma, signed the
petition.
Robert C. Lane, Esq., at The Lane Law Firm, represents the Debtor
as bankruptcy counsel.
CLINE'S CORNER: Hires Paulus Law Firm as Bankruptcy Counsel
-----------------------------------------------------------
Cline's Corner LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of Missouri to employ Paulus Law Firm, LLC
as its counsel.
The firm will render these services:
a. assist and advise the debtor relative to the administration
of these proceedings;
b. advise the Debtor with respect to its powers and duties in
the continued management and operation of its business and
property;
c. represent the Debtor before the Bankruptcy Court and advise
the Debtor on pending litigation, hearings, motions, and decisions
of the Bankruptcy Court;
d. review and advise the Debtor regarding applications,
orders, and motions filed with the Bankruptcy Court by third
parties in this proceeding;
e. attend meetings conducted pursuant to section 341(a) of the
Bankruptcy Code and represent the Debtor at all examinations;
f. communicate with creditors and other parties in interest;
g. assist the Debtor in preparing all motions, applications,
answers, orders, reports, and papers necessary to the
administration of the estate;
h. confer with other professionals retained by the Debtor and
other parties in interest;
i. negotiate and prepare the Debtor's chapter 11 plan, related
disclosure statement, and all related agreements and take any
necessary action on the Debtor's behalf to obtain confirmation of
the plan; and
j. perform all other necessary legal services.
The firm will be paid at these rates:
Attorneys $300 per hour
Paralegals $100 per hour
As disclosed in court filings, Paulus Law Firm is a "disinterested
person" within the meaning of Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Steven A. Levy, Esq.
Paulus Law Firm, LLC
606 W. Washington Street
Cuba, MO 65453
Tel: (573) 885-1400
Fax: (573) 885-1420
Email: salevy@att.net
About Cline's Corner LLC
Cline's Corner LLC is a truck repair shop in Missouri.
Cline's Corner LLC sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Miss. Case No. 24-20062) on
April 25, 2024. In the petition filed by Virgil Cline, as member
and manager, the Debtor reported assets and liabilities between $1
million and $10 million.
CLNG HOMES: To Sell Orange Park Property to Bradford Paul Beers
---------------------------------------------------------------
CLNG Homes LLC seeks permission from the U.S. Bankruptcy Court for
the Middle District of Florida, Jacksonville Division, to sell
Property, free and clear of liens, claims, interests, and
encumbrances.
The Debtor's Property is located at 2576 Huntington Way, Orange
Park, Florida 32073.
On September 10, 2025 Jerrett M. McConnell was appointed as the
Subchapter V Trustee in the case.
The Debtor is a Florida limited liability company, wholly owned and
managed by Christopher Lam.
Mr. Lam formed the Debtor on March 7, 2023. Mr. Lam planned for the
Debtor to operate a residential construction and sale business.
The Debtor has operated the business since 2023 and accumulated
several parcels of real property in Duval, Nassau and Clay
Counties, FL, including the 2576 Huntington Way Property.
The Debtor obtained several secured loans, as well as other
unsecured debt over the course of the business operations for the
past three years.
The Debtor entered into a Purchase and Sale Agreement with Bradford
Paul Beers to sell the 2576 Huntington Way Property.
The purchase price of the Property is $535,000.00 and is scheduled
to close on September 30, 2025.
Upon information and belief, the current lien balances on the real
property total approximately $470,791 as estimated by the Debtor.
Additionally, the Debtor will incur $24,000 in realtor fees to
close the transaction.
The Debtor has determined that a sale of the assets of the company
assets would result in an efficient and cost-effective manner of
disposing of the estate’s interest in the assets, while
simultaneously creating a benefit to the bankruptcy estate and
customers of the Debtor.
The Purchaser is an uninterested third-party and does not have any
relationship with the Debtor or any estate professionals.
About CLNG Homes LLC
The Debtor is a Florida limited liability company.
CLNG Homes, LLC filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-03106) on
September 5, 2025, listing up to $50,000 in assets and
liabilities.
Bryan K. Mickler, Esq., at Mickler & Mickler, represents the Debtor
as legal counsel.
CME FITNESS: Court Extends Cash Collateral Access to Oct. 7
-----------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida,
Orlando Division issued a second preliminary order allowing CME
Fitness, LLC to use cash collateral through October 7.
The second preliminary order signed by Judge Grace Robson
authorized the Debtor to use cash collateral to pay the amounts
expressly authorized by the court, including payments to the U.S.
trustee for quarterly fees; the expenses set forth in the budget,
plus an amount not to exceed 10% for each line item; and additional
amounts subject to approval by Navitas Credit Corp.
The budget shows total operational expenses of $25,453 for
September; $26,040 for October; and $26,346 for November.
As adequate protection, Navitas will be granted a perfected
post-petition lien on cash collateral, with the same priority and
validity as its pre-bankruptcy lien.
The next hearing is scheduled for October 7.
About CME Fitness LLC
CME Fitness, LLC is a fitness company based in Winter Springs,
Florida.
CME Fitness sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-04821) on July
2, 2025. In its petition, the Debtor reported up to $50,000 in
assets and between $100,000 and $500,000 in liabilities.
Judge Grace E. Robson handles the case.
The Debtor is represented by:
Jeffrey Ainsworth
Bransonlaw PLLC
Tel: 407-894-6834
Email: jeff@bransonlaw.com
COMMERCIAL METALS: Concrete Deal No Impact on Moody's 'Ba1' Rating
------------------------------------------------------------------
Moody's Ratings said that Commercial Metals Company's (CMC, Ba1
stable) definitive agreement to acquire Concrete Pipe & Precast,
LLC (CP&P) for $675 million will not affect CMC's ratings or
outlook. This transaction is credit positive as it will enhance
CMC's scale and product diversity, moderately raise its adjusted
EBITDA, free cash flow and profit margins and create a platform for
future growth.
The $675 million purchase price represents a multiple of 9.5x
CP&P's forecasted 2025 EBITDA, with the effective multiple
declining to about 8.5x when anticipated cash tax benefits are
included. CMC anticipates annual run-rate synergies of $5 million
to $10 million by its third year of ownership. CP&P is a supplier
of precast concrete solutions to the Mid-Atlantic and South
Atlantic regions of the US. It offers a complete line of standard
and highly engineered precast and reinforced concrete pipe
solutions to the infrastructure, non-residential, and residential
construction markets.
This transaction will enhance CMC's early-stage construction
product offerings in its Emerging Businesses Group segment which
includes its Tensar product line. It will also add to the company's
adjusted EBITDA and free cash flow as it is a lower capital
intensity business. In addition, it will raise CMC's profit margins
as CP&P's profitability is higher and less volatile than the
company's other businesses, including its North America and Europe
Steel Group segments. It also establishes a new growth platform for
CMC as the company estimates the top 10 precast suppliers comprise
less than 25% of the domestic market.
CMC plans to fund this acquisition with cash on hand at closing
which will result in strengthened pro forma credit metrics. Even if
CMC chooses to fund this deal with debt, it will still result in
credit metrics that support its ratings. The company's leverage
ratio (Debt/EBITDA) was only 2.0x and its interest coverage
(EBIT/Interest) was 7.6x for the LTM period ended May 2025. The
leverage ratio on a pro forma basis assuming a fully debt funded
deal would rise to only about 2.6x and the interest coverage would
decline to around 5.5x. These metrics are well above Moody's
downgrade guidance of a leverage ratio sustained above 4.0x and
interest coverage below 2.5x.
This acquisition will increase the company's reliance on the
domestic construction sector and will substantially reduce its
liquidity position in the near term. Nevertheless, the company
should maintain a strong liquidity profile as it this deal enhances
its cash generating potential and it had $893 million of cash and
$834 million of borrowing availability on its credit facilities in
the US and Poland as of May 2025.
Headquartered in Irving, Texas, Commercial Metals Company (CMC)
manufactures finished long steel products including rebar, merchant
bar, light structural and other special sections and wire rod. Its
North America Steel Group has six electric arc furnace mini mills,
three micro mills, and one rerolling mill with total rolling
capacity of about 6.1 million tons, and operates steel fabrication
facilities and ferrous and nonferrous scrap metal recycling
facilities. The Europe Steel Group has a vertically integrated
network of recycling facilities, an EAF mini mill with about 1.6
million tons of rolling capacity and fabrication operations in
Poland. Its Emerging Business Group includes its Tensar(R) geogrids
and Geopier(R) foundation systems and its CMC Anchoring Systems
business which provides anchoring solutions for the electrical
transmission market. Revenues for the twelve months ended May 25,
2025, were $7.7 billion.
CONCEPT CONNECTIONS: Hires Spector & Cox PLLC as Legal Counsel
--------------------------------------------------------------
Concept Connections, Ltd seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Texas to hire Spector & Cox, PLLC
as its counsel.
The firm's services include:
(a) providing legal advice with respect to their powers and
duties as Debtor-in-possession;
(b) preparing and pursuing confirmation of a plan and approval
of a disclosure statement to the extent required;
(c) preparing on behalf of the Debtor necessary applications,
motions, answers, orders, reports and other legal papers;
(d) appearing in Court and protecting the interests of the
Debtor before the Court; and
(e) performing all other legal services for the Debtor which
may be necessary and proper in these proceedings.
The firm will be paid at these rates:
Howard Marc Spector $435 per hour
Other member $395 per hour
Paralegals $150 per hour
The firm tendered a retainer in the amount of $25,000.
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
Howard Marc Spector, Esq., a partner at Spector & Cox, PLLC,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Howard Marc Spector, Esq.
Spector & Cox, PLLC
Banner Place
12770 Coit Road, Suite 850
Dallas, TX 75251
Tel: (214) 365-5377
Fax: (214) 237-3380
Email: hspector@spectorcox.com
About Concept Connections Ltd.
Concept Connections Ltd., a company based in Plano, Texas, provides
behavioral health services with a focus on Applied Behavior
Analysis (ABA) therapy for individuals with autism and other
developmental disabilities. It collaborates with families,
therapists, and schools to deliver tailored therapeutic programs.
The company operates at multiple locations in Plano and accepts
most major insurance plans.
Concept Connections sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Texas Case No. 25-42455) on August 22,
2025. In its petition, the Debtor reported between $1 million and
$10 million in assets and liabilities.
The Debtor is represented by:
Sarah M. Cox, Esq.
Spector & Cox, PLLC
Tel: (214) 310-1321
Email: sarah@spectorcox.com
CONGRUEX GROUP: S&P Downgrades ICR to 'CCC' on Covenant Tightness
-----------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Congruex
Group LLC to 'CCC' from 'CCC+'. The outlook is negative.
At the same time, S&P lowered its issue-level rating on the
company's first-lien term loan and revolver credit facility to
'CCC' from 'CCC+'. The '4' recovery rating is unchanged (rounded
estimate: 45%).
The negative outlook reflects the increased likelihood of a
downgrade within the next 12 months. Congruex's liquidity remains
constrained, which S&P expects to intensify.
Absent additional financial support from its sponsor or a
significant, unforeseen positive development, Congruex is unlikely
to meet its financial commitments, heightening the risk of a
default within the next 12 months.
While Crestview Partners' $20 million preferred equity contribution
in the third quarter provides near-term support, S&P believes
additional financial assistance may be necessary to ensure covenant
compliance and stabilize liquidity.
Heightened risk of liquidity distress and default loom within the
next 12 months. Liquidity is increasingly strained from a rapidly
deteriorating financial profile, and S&P anticipates significant
covenant pressure, a return to cash interest payments, and
continued weak earnings will lead to a shortfall. Expiration of
temporary covenant relief secured during the November 2024 debt
restructuring, which reset the maximum leverage ratio to 10x
through the second quarter of 2025, is a key risk to its financial
position. The leverage ratio is scheduled to step back down to 6.5x
beginning in the third quarter. With a ratio of 7.01x as of the end
of the second quarter, Congruex faces a substantial compliance
challenge.
Failure to reduce leverage below the covenant threshold could
curtail its revolving credit facility, which has $25 million in
availability, leaving Congruex reliant on only $15 million cash on
hand. Crestview Partners, its financial sponsor, provided a $20
million preferred equity infusion in the third quarter, which
provides some short-term relief, but we believe the risk of a
third-quarter covenant breach remains.
Also, the ongoing accumulation of debt through the payment-in-kind
(PIK) interest provision (which ends after the first quarter of
2026) suggest that the return to cash interest payments will
further erode Congruex's liquidity, significantly increasing the
probability of a default within our 12-month outlook.
S&P said, "We expect further pressure on financial performance
through 2026. Congruex reported flat revenue on a year-over-year
basis, primarily due to weather-related project delays and the
adoption of indefeasible right of use (IRU) accounting on a large
broadband project. While Congruex's exposure to IRU-based projects
is limited, we anticipate the company will increasingly pursue
these agreements with hyperscaler customers. IRUs can foster
longer-term customer relationships and provide a steady revenue
stream that can potentially increase maintenance revenue. However,
this strategic shift will likely constrain near-term revenue and
margins by deferring income recognition. Consequently, we expect
Congruex's revenue to remain stagnant, as in 2024, for the
remainder of 2025 and throughout 2026.
"Congruex's S&P Global Ratings-adjusted EBITDA margin declined to
5.6% through the first half of 2025, approximately 300 basis points
(bps) from the first half of 2024. Both the transition to IRU
accounting and outsize upfront costs associated with ramping up
several new, large projects are factors. While we anticipate some
improvement in the second half as some large projects move beyond
their initial phases, we still forecast full-year margins will be
below the 10% of 2024, likely falling 8.5%-9.5%. We expect similar
margins in 2026, as broader adoption of lower-margins IRU-based
agreements with hyperscalers constrain profitability.
"We project free cash flow deficits in 2025 and 2026. This follows
the return to cash interest payments, significantly constraining
cash generation. We anticipate depressed operating performance in
2025 will result in reported free cash flow deficits in the $5
million-$15 million range, further straining Congruex's liquidity.
In 2026, we expect free cash flow of negative $25 million-$35
million as cash interest payments resume in the second quarter. We
estimate that cash interest expense will increase by approximately
$15 million-$20 million in 2026. The timing and magnitude for
Congruex's increasingly large projects can vary considerably,
potentially leading to material fluctuations in working capital and
actual free cash flow. We maintain our expectation of continued
negative free cash flow.
"The negative outlook reflects the increased likelihood of a
downgrade within the next 12 months. Congruex's liquidity remains
constrained, which we expect to intensify in the near term. Limited
covenant headroom will significantly restrict access to its
revolving credit facility after the current quarter, and the
transition from PIK interest payments to full cash beginning in the
second quarter of 2026 will further deplete available liquidity."
S&P could lower its rating:
-- To 'CCC-' if S&P believes a default or distressed exchange is
inevitable within the next six months; or
-- To 'D' or 'SD' (selective default) if Congruex announces it
will miss an interest or principal payment or undertake a
distressed exchange or debt restructuring.
S&P could raise the rating on Congruex if:
-- It improves liquidity by expanding S&P Global Ratings-adjusted
EBITDA margins, leading to improved covenant leverage and increased
free cash flow; or
-- A material equity infusion from the sponsor demonstrably
reduces the likelihood of a default or distressed exchange over the
next 12 months.
CRANE NXT: Moody's Affirms 'Ba1' CFR, Outlook Remains Stable
------------------------------------------------------------
Moody's Ratings affirmed Crane NXT, Co.'s (Crane NXT) Ba1 corporate
family rating and Ba1-PD probability of default rating.
Concurrently, Moody's affirmed the Baa3 ratings on Crane NXT's $700
million senior secured revolving credit facility due March 2028 and
its GBP300 million senior secured delayed draw term loan due March
2028. Moody's also affirmed the Baa3 rating on the $200 million
senior secured notes due November 2036 and the Ba2 rating on the
$350 million senior unsecured notes due March 2048. The ratings
outlook remains stable.
On September 12, 2025, Crane NXT announced that it had signed
definitive agreements to acquire Antares Vision S.p.A. ("Antares").
Crane NXT will acquire approximately 30% stake in Antares for
EUR120 million during Q4 2025 and the remaining stake through a
tender offer during the first half of 2026. Total enterprise value
for the equity and net debt of Antares is about EUR445 million.
The rating action reflects Moody's expectations that Crane NXT will
be able to sustain its leverage at around 3.5x debt/EBITDA for the
next two years, incorporating the proposed acquisition. For the 12
months that ended June 2025, the company's leverage stood at 3.5x
debt/EBITDA. Moody's expects the company to use its future free
cash flow for debt reduction and focus on deleveraging after the
acquisition of Antares. Moody's expects gross leverage including
Moody's standard adjustments will trend around 3.5x debt/EBITDA for
2025 and 2026, incorporating acquisition debt and profit from
Antares and De La Rue Authentication Solutions, acquired in May
2025. In 2027, Moody's expects leverage trending to below 3.0x.
RATINGS RATIONALE
Crane NXT's Ba1 CFR reflects the company's solid market position as
the sole supplier of currency paper for US bank notes, and the
growing demand for payment authentication and automation systems
that supports its business. Crane NXT benefits from a high EBITA
margin close to 20%, strong retained cash flow/net debt and
moderate leverage, which position the company strongly among
similarly sized peers.
These credit strengths are counterbalanced by the company's small
scale in a competitive industry and limited business
diversification. The credit profile is also constrained by
integration risk and the uncertainties surrounding leverage given
Moody's expectations of additional debt to fund the company's
aggressive growth strategy. If Crane NXT continues to pursue
acquisitions to reach its goal of $3 billion sales by 2028, but is
unable to successfully integrate and generate significant synergies
from the acquired businesses, the company could surpass the 3.5x
debt/EBITDA guidance for its rating.
The Baa3 bank credit facility ratings for the senior secured debt
reflects the priority position of senior secured instruments in the
capital structure and the loss absorption provided by the senior
unsecured notes. The Baa3 facility ratings also reflect Moody's
expectations that Crane NXT will pay down the revolver and term
loans leveraging its future free cash flow, which will limit the
proportion of secured debt in the company's debt capital
structure.
The Ba2 rating on the senior unsecured notes reflects their
contractual subordination to the senior secured credit facilities.
Furthermore, the unsecured notes do not benefit from guarantees
from its subsidiaries.
Crane NXT's SGL-1 speculative grade liquidity rating reflects
Moody's expectations of very good liquidity over the next 12 to 15
months, supported by its solid free cash flow generation, $152
million of cash on hand as of June 30, 2025, the $700 million
revolver expiring in 2028, which had around $216 million
outstanding as of June 30, 2025, and good room under the financial
covenants for net leverage.
The stable outlook reflects Moody's expectations that Crane NXT
will maintain high margins, generate strong free cash flow and
operate with financial discipline to keep moderate leverage, while
growing organically and through acquisitions.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Moody's could upgrade the ratings if the company attains an
unsecured capital structure, brings down debt/EBITDA to less than
2.5x, improves EBITA margin above 20%, and continues to generate
positive free cash flow.
Moody's could downgrade the ratings if the company's operating
performance weakens or the company raises additional debt for
acquisitions or shareholder returns. Specifically, rating could be
downgraded if debt/EBITDA leverage exceeds 3.5x, EBITA margin falls
less than 15%, or free cash flow turns negative on a sustained
basis.
The principal methodology used in these ratings was Manufacturing
published in September 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Headquartered in Waltham, Massachusetts, Crane NXT, Co. (NYSE: CXT)
manufactures bank notes for various central banks, and payment
acceptance products, such as card readers, currency scanners, money
counters and vending machines. The company generated revenue of
about $1.5 billion for the 12 months that ended June 2025.
CRUZ TEC: Seeks Subchapter V Bankruptcy in Texas
------------------------------------------------
On September 19, 2025, Cruz Tec Inc. filed Chapter 11 protection
in the Southern District of Texas. According to court filing, the
Debtor reports $3,174,040 in debt owed to 50 and 99 creditors. The
petition states funds will be available to unsecured creditors.
About Cruz Tec Inc.
Cruz Tec Inc., founded in 2001 and headquartered in Houston, Texas,
is a trenchless utility contractor that provides engineering
solutions including cured-in-place pipe (CIPP), pipe bursting,
manhole rehabilitation, and protective coatings. The Company
operates as a self-performing turnkey firm serving municipalities
and utilities across Texas and the United States, with projects
ranging in scale from small contracts to multimillion-dollar
upgrades. Its work includes compliance-driven infrastructure
rehabilitation, such as projects for the San Antonio Water System
under a federal consent decree to repair and modernize sewer
systems.
Cruz Tec Inc.sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-35537) on
September 19, 2025. In its petition, the Debtor reports total
assets of $2,392,423 and total debts of $3,174,040.
Honorable Bankruptcy Judge Jeffrey P. Norman handles the case.
The Debtor is represented by Robert C Lane, Esq. of THE LANE LAW
FIRM.
DATABASED SOLUTIONS: Seeks DIP Loan, Cash Collateral
----------------------------------------------------
Databased Solutions Inc. asks the U.S. Bankruptcy Court for the
District of New Jersey to incur secured debt under a new
post-petition factoring agreement with Gulf Coast Bank and Trust
Company, to use cash collateral, and to provide adequate protection
to the secured lender.
Founded in 1995, the Debtor specializes in staffing and direct
placement services for industries such as automotive, medical
devices, aerospace, semiconductors, healthcare, and manufacturing.
It provides both in-house and vendor-supplied personnel to clients.
Prior to filing, the Debtor operated under an existing factoring
agreement with Gulf Coast, whereby Gulf Coast purchased certain
accounts receivable from the Debtor and advanced 90% of their face
value, with all receivables flowing through a lockbox account under
Gulf Coast's control. Gulf Coast also holds a first-priority
security interest in the pre-petition receivables not previously
factored and reserve account balances.
To fund ongoing operations and maintain services, the Debtor seeks
authority to continue factoring both pre-petition non-factored
receivables and new post-petition receivables under a new factoring
agreement with Gulf Coast. This agreement must be approved by the
court, and Gulf Coast has conditioned further funding on such
approval.
The Debtor has submitted a cash flow budget for the period of
September through November, projecting a temporary loss in
September due to restructuring costs but showing a positive net
operating surplus for the subsequent months as operations
stabilize.
The Debtor also requests interim use of cash collateral and
proposes to grant Gulf Coast adequate protection in the form of
replacement liens on post-petition receivables. These liens would
be junior to administrative expenses, such as Subchapter V trustee
fees and fees for the Debtor's professionals.
Any stipulation related to the validity or priority of Gulf Coast's
pre-petition liens will only be binding on the Debtor and subject
to challenge by the trustee or other parties within 60 days of the
final order.
The Debtor argues that this relief is necessary to maintain
business continuity, preserve asset value, and support the
company's efforts to restructure successfully under Chapter 11.
About Databased Solutions Inc.
Databased Solutions Inc., doing business as DBSI Services, provides
engineering and technical staffing solutions across multiple
industries in the US. Headquartered in New Jersey, the Company
offers direct hires, contract hires, and temp-to-hire services for
sectors including automotive, aerospace, semiconductors, medical
devices, transportation, and health technology. Founded in 1995 as
a privately owned corporation, DBSI Services conducts technical and
behavioral screening, background checks, and recruitment processes
to meet the staffing needs of its clients.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. N.J. Case No. 25-19625) on September 15,
2025. In the petition signed by Ila Choudhary, president, the
Debtor disclosed up to $1 million in assets and up to $10 million
in liabilities.
Justin M. Gillman, Esq., at Gillman Capone, LLC, represents the
Debtor as legal counsel.
DATABASED SOLUTIONS: Taps Gillman Capone LLC as Legal Counsel
-------------------------------------------------------------
Databased Solutions Inc. seeks approval from the U.S. Bankruptcy
Court for the District of New Jersey to hire Gillman Capone LLC as
counsel.
The firm will render these services:
a. advising the Debtor with respect to the power, duties and
responsibilities in the continued management of the financial
affairs as debtors, including the rights and remedies of the
debtors-in-possession with respect to its assets and with respect
to the claims of creditors;
b. advising the Debtor with respect to preparing and obtaining
approval of a Plan of Reorganization/Liquidation;
c. preparing on behalf of the Debtor, as necessary
applications, motions, complaints, answers, orders, reports and
other pleadings and documents;
d. appearing before this Court and other officials and
tribunals, if necessary, and protecting the interests of the
Debtors in federal, state and foreign jurisdictions and
administrative proceedings;
e. negotiating and preparing documents relating to the use,
liquidation, and disposition of assets, as requested by the
Debtor;
f. negotiating and formulating a Plan;
g. advising the Debtor concerning the day-to-day operations of
its business and the administration of its estate as
debtors-in-possession;
h. performing such other legal services for the Debtor, as may
be necessary and appropriate.
The individuals presently designated to represent the Debtor and
their rates are:
Justin M. Gillman, Esq. $525 per hour
Paralegals $235 per hour
Support Staff $125 per hour
The firm received a retainer in the amount of $26,738.
As disclosed in the court filings, Gillman Capone does not
represent an adverse interest to the estate, and is a disinterested
person under 11 U.S.C. Sec. 101(14).
The firm can be reached through:
Justin M. Gillman, Esq.
GILLMAN CAPONE LLC
770 Amboy Avenue
Edison, NJ 08837
Tel: (732) 661-1664
Fax: (732) 661-1707
Email: ecf@gillmancapone.com
About Databased Solutions Inc.
Databased Solutions Inc., doing business as DBSI Services, provides
engineering and technical staffing solutions across multiple
industries in the United States.
Databased Solutions Inc. filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. D.N.J. Case No.
25-19625) on September 15, 2025. At the time of filing, the Debtor
estimated $500,000 to $1 million in assets and $1 million to $10
million in liabilities. The petition was signed by Ila Choudhary as
president.
Justin M Gillman, Esq. at GILLMAN CAPONE LLC represents the Debtor
as counsel.
DI ANTAR: Unsecured Creditors to Split $10K in Plan
---------------------------------------------------
Di Antar Group, LLC filed with the U.S. Bankruptcy Court for the
Western District of Washington a Plan of Reorganization dated
September 15, 2025.
The business is a shabu-shabu buffet restaurant in located in
Redmond, Washington and began operating in October, 2019 supported
by a single partner investor.
Within just four months after starting operations, the business was
affected by the COVID-19 pandemic and experienced significant
operational disruptions, and the business lost its partner
investor. At this time the business obtained a Merchant Cash
Advance (MCA) loan in order to acquire the ownership interest of
the partner investor and continue with operations. After taking out
the MCA loan, payments soon became unstainable and, in an attempt
to remain current on obligations of the initial MCA loan, the
business took out additional MCA loans believing it would see a
turnaround in income.
In an effort to stabilize the finances, the Debtor applied for a
SBA loan with the intent of using the proceeds to consolidate
outstanding debt and give the Debtor more manageable repayment
terms. The loan was approved, but rather than being able to use the
proceeds to consolidate the MCA liabilities the loan was
conditioned upon satisfying an outstanding loan to release an
active UCC-1 filing. The business continued to fall further behind
on its obligations, including rent and tax payments, due to the
aggressive repayment structure of the MCA loans.
The Debtor attempted to negotiate settlements on the MCA loans
through a third-party debt relief agency. The Debtor made
consistent payments to the third-party agency, but they were unable
to negotiate settlement terms. Facing mounting collection pressure
including a possible eviction, an emergency petition was filed
under Chapter 11, Subchapter V on June 16, 2025 in an effort to
reorganize the outstanding debt owed and allow the Debtor to
continue operating.
Class 2 consists of General Unsecured claims. Allowed Class 2
claims will be paid a prorata share of $10,000.00 with monthly
payments of $250.00 beginning March, 2027 and distributed pursuant
to Exhibit B. To maximize efficiency for Class 2 claims and the
Debtor, the Debtor may pay the total amount to be received under
the plan to each creditor as a lump sum payment if the total amount
to be received by individual creditors is $150.00 or less over the
plan term.
The Plan will be funded with revenue from the Debtor's operation.
It is anticipated the Debtor's fixed expenses will remain
relatively constant moving forward with variable expenses
increasing proportionately with revenue. Debtor expects the income
and expenses to remain consistent through the life of the Plan.
The Reorganized Debtor shall continue to own, maintain, operate and
manage the Business without further notice or order of the
Bankruptcy Court. Creditors may not take any actions against the
Debtor/Reorganized Debtor (including, without limitation, lawsuits
or other legal actions, levies, attachments, or garnishments) to
enforce or collect either pre-confirmation obligations or
obligations due under the Plan, so long as the Debtor is not in
material default under the Plan.
A full-text copy of the Plan of Reorganization dated September 15,
2025 is available at https://urlcurt.com/u?l=1Z6Jvm from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Jennifer L. Neeleman, Esq.
NEELEMAN LAW GROUP, P.C.
1403 8th Street
Marysville, WA 98270
Telephone: (425) 212-4800
Email: jennifer@neelemanlaw.com
About Di Antar Group LLC
Di Antar Group, LLC, doing business as Shaburina Shabu-Shabu Hot
Pot and Shaburina, operates restaurant ventures in the United
States, including "Shaburina," a Korean/Japanese-style hot pot
restaurant offering Shabu Shabu in Redmond, Washington. The
restaurant features a self-serve, all-inclusive buffet concept that
allows customers to customize their meals. The company also sources
and imports restaurant supplies and equipment.
Di Antar Group sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. W.D. Wash. Case No. 25-11655) on
June 16, 2025. In its petition, the Debtor reported total assets of
$78,100 and total liabilities of $1,267,198.
Judge Christopher M. Alston handles the case.
The Debtor is represented by Thomas D. Neeleman, Esq., at
NeelemanLaw Group, P.C.
DIOCESE OF ALBANY: Hires Castner Estate Service as Appraiser
------------------------------------------------------------
Roman Catholic Diocese of Albany, New York seeks approval from the
U.S. Bankruptcy Court for the Northern District of New York to
employ Castner Estate Service, Inc. to provide appraisal services.
The firm will examine items maintained in the Debtor's archives to
assist the Debtor in evaluating and valuing those items for estate
and reorganization plan purposes.
The firm received a retainer in the amount of $5,000 against which
the firm will bill n its hourly rates:
a. $275 per hour for appraiser inspection, analysis and
preparation of report;
b. $100 per hour for secretarial time; and
c. $70 per hour for travel, plus expenses.
Castner Estate Service is a "disinterested person" within the
meaning of 11 U.S.C. 101(14), according to court filings.
The firm can be reached through:
Leon Castner
Castner Estate Service, Inc.
4301 Wendy Way
Schwenksville, PA 19473
Phone: (910) 232-3950
About Roman Catholic Diocese of Albany, New York
The Roman Catholic Diocese of Albany is a religious organization in
Albany, N.Y. It covers 13 counties in Eastern New York, including a
portion of the 14th county. Its Mother Church is the Cathedral of
the Immaculate Conception in the city of Albany.
New York's Child Victims Act, which took effect in August 2019,
temporarily sets aside the usual statute of limitations for
lawsuits to give victims of childhood sexual abuse a year to pursue
even decades-old claims. Hundreds of new lawsuits have been filed
against churches and other institutions since the law took effect
on Aug. 14, 2019.
Facing the financial weight of new sexual misconduct lawsuits, at
least four of the eight Roman Catholic dioceses in the state, has
already sought Chapter 11 protection. The dioceses that have
declared bankruptcy include the Diocese of Rochester and the
Diocese of Rockville Centre on Long Island.
The Catholic Diocese of Albany sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D.N.Y. Case No. 23-10244) on
March 15, 2023. In the petition filed by Fr. Robert P. Longobucco,
the Debtor estimated assets between $10 million and $50 million and
liabilities between $50 million and $100 million.
Judge Robert E. Littlefield, Jr. oversees the case.
The Debtor tapped Nolan Heller Kauffman, LLP as bankruptcy counsel;
Tobin and Dempf, LLP as special litigation counsel; Keegan Linscott
& Associates, PC as financial advisor; and Bonadio & Co., LLP as
accountant. Donlin, Recano & Company, Inc. is the claims and
noticing agent.
On April 17, 2023, the U.S. Trustee for Region 2 appointed two
separate committees to represent unsecured creditors and tort
claimants in the Debtor's Chapter 11 case.
The unsecured creditors' committee tapped Lemery Greisler, LLC as
legal counsel; Dundon Advisors, LLC as financial advisor; and
OneDigital Investment Advisors, LLC as special investment
consultant.
Stinson, LLP and OneDigital Investment Advisors serve as the tort
committee's legal counsel and special investment consultant,
respectively.
ECS BRANDS: Committee Taps Allen Vellone Wolf Helfrich as Counsel
-----------------------------------------------------------------
The official committee of unsecured creditors of ECS Brands, Ltd.
seeks approval from the U.S. Bankruptcy Court for the District of
Colorado to employ Allen Vellone Wolf Helfrich & Factor, P.C. as
his counsel.
The firm's services include:
a. consulting with the Debtor and the Office of the United
States Trustee regarding administration of the case;
b. advising the Committee with respect to its rights, powers,
and duties as they relate to the case;
c. investigating the acts, conduct, assets, liabilities, and
financial condition of the Debtor;
d. assisting the Committee in analyzing the Debtor's
pre-petition and post petition relationships with its creditors,
equity interest holders, employees, and other parties in interest;
e. assisting and negotiating on the Committee's behalf in
matters relating to the claims of the Debtor's other creditors;
f. assisting the Committee in preparing pleadings and
applications as may be necessary to further the Committee's
interests and objectives;
g. researching, analyzing, investigating, filing and
prosecuting litigation on behalf of the Committee;
h. representing the Committee at hearings and other
proceedings;
i. reviewing and analyzing applications, orders, statements of
operations, and schedules filed with the Court and advising the
Committee regarding all such materials;
j. aiding and enhancing the Committee's participation in
formulating a plan;
k. assisting the Committee in advising its constituents of the
Committee's decisions, including the collection and filing of
acceptances and rejections to any proposed plan;
l. negotiating and mediating issues related to the value and
payment of claims held by the Committee's constituency; and
m. performing such other legal services as may be required and
are deemed to be in the interest of the Committee.
The firm's hourly rates are:
Partners $475 to $725
Associates $350 to $450
Paralegal $195 to $250
The firm requires a retainer in the amount of $10,000.
Allen Vellone Wolf Helfrich & Factor P.C. is a "disinterested
person" within the meaning of Section 101(14) of the Bankruptcy
Code, according to court filings.
The firm's services include:
Jeffrey A. Weinman, Esq.
Bailey C. Pompea, Esq.
Allen Vellone Wolf Helfrich & Factor P.C.
1600 Stout Street, Suite 1900
Denver, CO 80202
Phone: (303) 534-4499
Email: JWeinman@allen-vellone.com
BPompea@allen-vellone.com
About ECS Brands
ECS Brands Ltd. is a privately held company specializing in
hemp-derived products. Founded in 2018, ECS Brands focuses on
manufacturing and supplying bulk hemp extracts, white-label
products, and innovative formulations such as water-soluble nano
emulsions.
ECS Brands Ltd. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Col. Case No. 25-12101) on April 11,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Thomas B. Mcnamara handles the case.
The Debtor is represented by Jenny M.F. Fujii, Esq., at Kutner
Brinen Dickey Riley PC.
EEHF 18 INC: Unsecureds Will Get 9.5% Dividend over 3 Years
-----------------------------------------------------------
EEHF 18 Inc. filed with the U.S. Bankruptcy Court for the District
of Massachusetts a Small Business Plan of Reorganization under
Subchapter V dated September 15, 2025.
The Debtor is a Massachusetts business corporation formed in 2023
and does business as Sunrise Bakery and Coffee Shop at two
locations: 506 Bolton Street, New Bedford, Ma. and at 571 Dartmouth
Street, Dartmouth, MA.
Mr. Richard Freeman is President and holds a 100% shareholder
interest in the corporation. The Debtor currently has approximately
20 employees. Its main business consists of operating bakeries and
serving sandwiches, breads and Portuguese pastries at each
location. Mr. Freeman supervises the employees at each location.
Prior to the Petition Date, the Debtor operated its New Bedford
location after purchasing it as an ongoing entity from J&M
Bakeries, LLC in October 2023. Soon after purchasing the new
Bedford location in 2023, the Debtor entered into a lease for the
Dartmouth location. An unexpected six-month delay in opening the
Dartmouth location resulted in the Debtor choosing to seek
financing from several merchant cash advance entities in 2024 and
2025.
These companies had access to the point of sales systems of the
Debtor and while it was hoped that the cash flow would improve, the
exact opposite occurred and each of merchant cash advance lenders
became more aggressive while other vendor accounts began to fall in
arrears. Additionally, the Debtor believes that Mr. Freeman's
Jamaican descent also contributed to a downturn in the sales of
from the New Bedford location. Customers were initially reticent to
buy Portuguese baked goods from a non-Portuguese owner.
Class 1 consists of General Unsecured Claims. In full and complete
satisfaction, settlement, release and discharge of the Class 1
Claims, each holder of the Allowed Class 1 Claim shall receive a
pro rata share of the net disposable income as set forth in the
Debtor's projections. Pursuant to Section 1191 of the Code, the
plan provides that all of the projected disposable income of the
Debtor to be received in the 3-year period, beginning on the date
that the first payment is due under the plan will be applied to
make payments under the plan.
The members of this Class have claims totaling approximately
$1,680,000.00. Based on the attached Budget, the Debtor will pay
this class a minimum of $111,539.00, representing a nine and
one-half percent (9.5%) dividend of the allowed amount of such
claim. Notwithstanding the monthly projections noted for Class 1
general unsecured creditors, the Debtor shall make quarterly
disbursements within ten days of the beginning of each quarter.
Payments on account of Allowed Class 1 Claims shall be made
quarterly, within the first ten days of each quarter, beginning in
the fourth quarter of 2025. Class 1 is impaired under the Plan.
Each holder of a Class 1 Claim shall be entitled to vote to accept
or reject the Plan.
The holders of Class 4 Interests will retain such Interests in the
Debtor. Class 4 is unimpaired under the Plan. Holders of Class 4
Interests shall be presumed to have accepted this Plan pursuant to
section 1126(f) of the Bankruptcy Code, and, therefore, shall not
be entitled to vote to accept or reject this Plan.
This Plan will be funded with available cash or working capital,
and cash flow from ongoing business operation. The Debtor will
continue to operate in the ordinary course of business. Pursuant to
section 1190(2) of the Bankruptcy Code, the Plan provides for the
submission of all or such portion of the future earnings of the
Debtor as is necessary for the execution of the Plan.
A full-text copy of the Plan of Reorganization dated September 15,
2025 is available at https://urlcurt.com/u?l=bHENKx from
PacerMonitor.com at no charge.
Counsel to the Debtor:
John F. Sommerstein, Esq.
Law Offices of John F. Sommerstein
1091 Washington Street
Gloucester, MA 01930
Telephone: (617) 523-7474
About EEHF 18 Inc.
EEHF 18, Inc., doing business as A Sunrise Bakery and Coffee Shop,
operates a bakery and coffee shop under the name Sunrise Bakery &
Coffee Shop in New Bedford, Massachusetts. It offers
Portuguese-style pastries, breads, and other baked goods through
its retail locations.
EEHF 18 sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-11218) on June 15,
2025. In its petition, the Debtor reported estimated assets up to
$50,000 and estimated liabilities between $1 million and $10
million.
Judge Christopher J. Panos handles the case.
The Debtor is represented by John Sommerstein, Esq.
ELETSON HOLDINGS: Court Throws Out Ex-Shareholders Appeals
----------------------------------------------------------
Rick Archer of Law360 reports that the former shareholders of
Eletson Holdings were barred by a New York federal judge from
appealing the shipping firm's Chapter 11 plan, with the court
further finding they had no grounds to contest sanctions tied to
their failure to comply with the order.
About Eletson Holdings
Eletson Holdings Inc. is a family-owned international shipping
company, which touts itself as having a global presence with
headquarters in Piraeus, Greece as well as offices in Stamford,
Connecticut, and London.
At one time, Eletson claimed to own and operate one of the world's
largest fleets of medium and long-range product tankers and boasted
a fleet consisting of 17 double hull tankers with a combined
capacity of 1,366,497 dwt, 5 LPG/NH3 carriers with a combined
capacity of 174,730 cbm and 9 LEG carriers with capacity of 108,000
cbm.
Eletson Holdings, a Liberian company, is Eletson's ultimate parent
company and is the direct parent and owner of 100% of the equity
interests in the two other debtors, Eletson Finance (US) LLC, and
Agathonissos Finance LLC.
Eletson and its two affiliates were subject to involuntary Chapter
7 bankruptcy petitions (Bankr. S.D.N.Y. Case No. 23-10322) filed on
March 7, 2023 by creditors Pach Shemen LLC, VR Global Partners,L.P.
and Alpine Partners (BVI), L.P. The petitioning creditors are
represented by Kyle J. Ortiz, Esq., at Togut, Segal & Segal, LLP.
On Sept. 25, 2023, the Chapter 7 cases were converted to Chapter 11
cases.
The Honorable John P. Mastando, III is the case judge.
Lawyers at Reed Smith represent the Debtors as bankruptcy counsel.
Riveron RTS served as the Debtors' Domestic Financial Advisor;
Harold Furchtgott-Roth as Economic Expert; and Kurtzman Carson as
Voting Agent.
The U.S. Trustee for Region 2 appointed an official committee of
unsecured creditors. The committee tapped Dechert, LLP as its legal
counsel and FTI Consulting as the Committee's financial advisors.
ELITE ENDEAVORS: Hires Morris Laing Law Firm as Special Counsel
---------------------------------------------------------------
Elite Endeavors, LLC seeks approval from the U.S. Bankruptcy Court
for the District of Kansas to hire Morris Laing Law Firm, as
special counsel.
The firm will represent Debtor in its claims against 1502 East
Walnut NB, LLC, 1502 East Walnut CB, LLC and Nathan Broders, and
potentially others, for restitution and unjust enrichment, tortious
interference with relationship or expectancy and for declaratory
judgment.
The firm will be paid at these rates:
Will B. Wohlford $375/hour
Other Members/Staff $250 to $400/hour
Will B. Wohlford, Esq., a partner at Morris Laing Law Firm,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached through:
Will B. Wohlford, Esq.
Morris Laing Law Firm
800 Southwest Jackson, Suite 1310
Topeka, KS 66612-1216
Phone: (785) 232-2662
Fax: (785) 232-9983
About Elite Endeavors
Elite Endeavors, LLC, a company in Edmond, Okla., sought protection
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Kan. Case
No. 24-20222) on March 6, 2024, with up to $50,000 in assets and up
to $50 million in liabilities.
Judge Robert D. Berger oversees the case.
Erlene W. Krigel, Esq., at Krigel & Krigel, PC, is the Debtor's
legal counsel.
ELIZABETH RENY: Salvatore LaMonica Named Subchapter V Trustee
-------------------------------------------------------------
The U.S. Trustee for Region 2 appointed Salvatore LaMonica, Esq.,
at LaMonica Herbst & Maniscalco, LLP, as Subchapter V trustee for
Elizabeth Reny, Inc.
Mr. LaMonica will be paid an hourly fee of $725 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. LaMonica declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Salvatore LaMonica, Esq.
LaMonica Herbst & Maniscalco, LLP
3305 Jerusalem Avenue, Suite 201
Wantagh, NY 11793
Phone: (516) 826-6500
Email: sl@lhmlawfirm.com
About Elizabeth Reny Inc.
Elizabeth Reny Inc. filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-44350) on
September 11, 2025, listing between $1 million and $10 million in
assets and liabilities.
Judge Jil Mazer-Marino presides over the case.
EMPIRE CORE: Seeks Subchapter V Bankruptcy in New York
------------------------------------------------------
On September 22, 2025, Empire Core Group LLC filed Chapter 11
protection in 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 be available to unsecured creditors.
About Empire Core Group LLC
Empire Core Group LLC, formed in September 2014, is a construction
management and general contracting firm that specializes in
redeveloping existing properties and building new projects across
the New York metropolitan area. The Company has worked with major
real estate owners and operators including Blackstone Group,
Rockpoint, Compass Rock, Graystar, AIMCO, Brooksville Company, CW
Capital, Fortress, and The Dermot Company.
Empire Core Group LLC sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-22894)
on September 22, 2025. In its petition, the Debtor reports
estimated assets and liabilities between $1 million and $10 million
each.
Honorable Bankruptcy Judge Sean H. Lane handles the case.
The Debtor is represented by Erica Aisner, Esq. of KIRBY AISNER &
CURLEY LLP.
FINANCE OF AMERICA: Bloom Retirement Holds 9.49% of Class A Shares
------------------------------------------------------------------
Bloom Retirement Holdings Inc. and Reza Jahangiri disclosed in a
Schedule 13D (Amendment No. 11) filed with the U.S. Securities and
Exchange Commission that as of September 12, 2025, they
beneficially own 2,266,113 shares of Finance of America Companies
Inc.'s Class A Common Stock, which includes 466,506 shares held
directly by Bloom Retirement Holdings Inc. and 1,799,607 FOAEC
Units issuable under the Asset Purchase Agreement, representing
9.49% of the 11,079,270 shares of Class A Common Stock outstanding
as of August 6, 2025. The beneficial ownership gives effect to
certain control and conversion conditions described in the filing,
and both Reporting Persons share voting and dispositive power over
these securities.
Bloom Retirement Holdings Inc. may be reached through
Reza Jahangiri, Majority Shareholder
895 Dove Street, Suite 300
Newport Beach, Calif. 92660
Tel: (866) 948-0003
A full-text copy of Bloom Retirement's SEC report is available at:
https://tinyurl.com/ywe83vu4
About Finance of America
Plano, Texas-based Finance of America Companies Inc. is a financial
services holding company. Through its operating subsidiaries, it
operates as a modern retirement solutions platform, providing
customers with access to an innovative range of retirement
offerings centered on the home. In addition, Finance of America
offers capital markets and portfolio management capabilities to
optimize distribution to investors.
As of June 30, 2025, Wynn Resorts had $30.15 billion in total
assets, $29.67 billion in total liabilities, and a total
stockholders' equity of $473.43 million.
* * *
As reported by the Troubled Company Reporter in November 2024,
Fitch Ratings has downgraded the Long-Term Issuer Default Ratings
(IDRs) of Finance of America Companies Inc. and its
subsidiaries,Finance of America Equity Capital LLC and Finance of
America Funding LLC (together, FOA) to 'RD' (Restricted Default)
from 'C'. The action follows the completion of the company's debt
restructuring on Oct. 31, 2024, which Fitch views as a distressed
debt exchange (DDE).
Fitch has also upgraded FOAs IDRs to 'CCC' from 'RD' subsequent to
the DDE.
Fitch has assigned a rating of 'CCC-' with a Recovery Rating of
'RR5' to Finance of America Funding, LLC's new $196 million senior
secured notes due in 2026 and $147 million convertible senior
secured notes due in 2029 issued as part of the exchange.
Concurrently, Fitch has also downgraded Finance of America Funding
LLC's unsecured debt rating to 'RD' from 'C'/'RR6' and withdrawn
the rating as 98% of the notes were exchanged into the new secured
notes.
FIRST STEP: Hires Weinberg Zareh Malkin Price LLP as Counsel
------------------------------------------------------------
First Step Trademarks, LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of New York to hire Weinberg Zareh
Malkin Price LLP as counsel.
The firm's services include:
(a) providing the Reorganized Debtor with advice and preparing
all necessary documents regarding a request to modify and amend the
Confirmed Plan;
(b) responding to, litigating, and/or negotiating resolutions
of, any objections to the Reorganized Debtor’s request to modify
and amend the Confirmed Plan;
(c) rendering such legal services as the Reorganized Debtor
may request with respect to compliance with and implementation of
any modified and amended plan that the Court may approve;
(d) preparing on behalf of the Reorganized Debtor all
necessary motions, applications, answers, orders, reports and
papers in connection with the administration of any modified and
amended plan the Court may approve;
(e) counseling the Reorganized Debtor with regard to its
post-confirmation rights and obligations;
(f) appearing in Court to protect the interests of the
Reorganized Debtor; and
(g) performing all other legal services for the Reorganized
Debtor which may be necessary and proper in this post-confirmation
proceeding.
The firm will be paid at these rates:
Partners $600 to $725 per hour
Of Counsel $450 to $550 per hour
Associate $365 to $450 per hour
Paralegal $175 to $200 per hour
The firm received a retainer in the amount of $10,000.
In a court filing, Weinberg disclosed that it is a "disinterested
person" as defined in section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Adrienne Woods, Esq.
Todd Duffy, Esq.
WEINBERG ZAREH MALKIN PRICE LLP
45 Rockefeller Plaza, 20th Floor
New York, NY 10111
Phone: (212) 899-5470
Email: awoods@wzmplaw.com
Email: tduffy@wzmplaw.com
About First Step Trademarks
New York-based First Step Trademarks, LLC filed its voluntary
petition for relief under Chapter 11 of the Bankruptcy Code (Bankr.
S.D.N.Y. Case No. 21-12147) on Dec. 31, 2021, listing up to
$500,000 in assets and up to $10 million in liabilities. Alexander
Dulac, managing member, signed the petition.
Judge James L. Garrity, Jr. oversees the case.
Ilana Volkov, Esq., at McGrail & Bensinger, LLP serves as the
Debtor's legal counsel.
FOUR PALMS: Voluntary Chapter 11 Case Summary
---------------------------------------------
Three affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
Four Palms Investments, Inc. 25-06972
6790 US Highway 19 N
Pinellas Park, FL 33781
Platinum Automotive Styling, LLC 25-06974
6790 US Highway 19 N
Pinellas Park, FL 33781
NC Automotive Styling Inc. 25-06975
6790 US Highway 19 N
Pinellas Park, FL 33781
Business Description: Four Palms Investments, Inc., Platinum
Automotive Styling, LLC, and NC Automotive
Styling, Inc. are related Florida businesses
linked to entrepreneur Todd C. Simms,
operating in investment management and
automotive customization. Four Palms
Investments, incorporated in 2018 and based
in the Tampa Bay area, manages business
holdings as the group's investment arm.
Platinum Automotive Styling and NC
Automotive Styling both provide vehicle
customization and enhancement services.
Chapter 11 Petition Date: September 23, 2025
Court: United States Bankruptcy Court
Middle District of Florida
Judge: TBD
Debtors' Counsel: Amy Denton Mayer, Esq.
BERGER SINGERMAN LLP
101 E. Kennedy Blvd.
Suite 1165
Tampa, FL 33602
Tel: (813) 498-3400
E-mail: amayer@bergersingerman.com
Four Palms Investments'
Estimated Assets: $0 to $50,000
Four Palms Investments's
Estimated Liabilities: $1 million to $10 million
Platinum Automotive's
Estimated Assets: $0 to $50,000
Platinum Automotive's
Estimated Liabilities: $500,000 to $1 million
NC Automotive's
Estimated Assets: $0 to $50,000
NC Automotive's
Estimated Liabilities: $0 to $50,000
The petitions were signed by Todd C. Simms as president.
The petitions were filed without the Debtors' list of their 20
largest unsecured creditors.
Full-text copies of the petitions are available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/MD3E6GQ/Four_Palms_Investments_Inc__flmbke-25-06972__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/MK5HJQQ/Platinum_Automotive_Styling_LLC__flmbke-25-06974__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/NB4UUUI/NC_Automotive_Styling_Inc__flmbke-25-06975__0001.0.pdf?mcid=tGE4TAMA
FTX TRADING: $1.6B Third Creditor Distribution Set for Sept. 30
---------------------------------------------------------------
FTX Trading Ltd. (d/b/a. FTX.com) and the FTX Recovery Trust
announced on Sept. 19, 2025, that, consistent with FTX's Chapter 11
Plan of Reorganization, FTX will commence distributions to holders
of allowed claims in the Plan's Convenience and Non-Convenience
Classes that have completed the pre-distribution requirements on
September 30, 2025. Eligible creditors should expect to receive
funds from their selected distribution service provider, either
Bitgo, Kraken or Payoneer, within 1 to 3 business days from
September 30, 2025. Subsequent record and payment dates will be
announced in due course.
In the Third Distribution, in accordance with the waterfall
priorities set forth in the Plan:(1)
-- Allowed Class 5A Dotcom Customer Entitlement Claims will receive
an incremental 6% distribution (78% cumulative distribution to
date);
-- Allowed Class 5B U.S. Customer Entitlement Claims will receive a
40% distribution (95% cumulative distribution to date);
-- Allowed Classes 6A General Unsecured Claims and 6B Digital Asset
Loan Claims will each receive a 24% distribution (85% cumulative
distribution to date); and
-- Allowed Class 7 Convenience Claims will receive a 120%
distribution.
By onboarding with a Distribution Service Provider, you have
irrevocably elected to forego your right to receive cash
distributions from FTX and have instead directed FTX to pay,
directly to such Distribution Service Provider, any distributions
to which you otherwise would be entitled under the Plan. If you
have any questions related to the availability of your funds in
your account with your selected Distribution Service Provider,
please contact customer support at your Distribution Service
Provider directly.
To be eligible to receive a distribution on subsequent distribution
dates, customers and other creditors must complete the following
prior to their distribution record date:
-- Login to the FTX Customer Portal (https://claims.ftx.com)
(applicable to customers).
-- Complete required Know Your Customer verification.
-- Submit the required tax forms.
-- Onboard with either BitGo, Kraken or Payoneer, FTX's
Distribution Service Providers.
FTX will provide instructions for onboarding with each of the
Distribution Service Providers on the existing FTX Customer
Portal.
For transferred claims, distributions will only be made to the
transferee holder of an allowed claim that is processed and
reflected on the official register of claims maintained by the
Notice and Claims Agent as of future record dates, where the 21-day
notice period has lapsed without objection. For more information,
please visit:
https://support.ftx.com/hc/en-us/sections/33189504164628-Distributions.
Phishing Advisory
Please remain aware of phishing emails that may look like they are
from FTX and scam sites from channels that may appear to look like
the FTX Customer Portal (https://claims.ftx.com). This is another
reminder that FTX will never ask you to connect your wallets.
Additional Information
U.S. Bankruptcy Court filings, including the Plan and other
documents related to the Court proceedings, are available at
https://cases.ra.kroll.com/FTX/.
FTX Digital Markets Ltd. will be separately communicating
distribution information for customers who have elected to have
their claims administered by FTX DM.
Advisors
The FTX Recovery Trust is represented by Sullivan & Cromwell LLP as
legal counsel and are assisted by Alvarez & Marsal North America,
LLC as financial advisor, Perella Weinberg Partners LP as
investment banker, Quinn Emanuel Urquhart & Sullivan, LLP as
special counsel and Landis Rath & Cobb LLP as Delaware counsel.
(1) Actual distribution percentages may differ slightly due to
rounding of the figures referenced above. Additional details
regarding the amounts distributed by Class will be filed on the
docket on or about September 30, 2025.
About FTX Trading Ltd.
FTX is the world's second-largest cryptocurrency firm. FTX is a
cryptocurrency exchange built by traders, for traders. FTX offers
innovative products including industry-first derivatives, options,
volatility products and leveraged tokens.
Then CEO and co-founder Sam Bankman-Fried said Nov. 10, 2022, that
FTX paused customer withdrawals after it was hit with roughly $5
billion worth of withdrawal requests.
Faced with liquidity issues, FTX on Nov. 9 struck a deal to sell
itself to its giant rival Binance, but Binance walked away from the
deal amid reports on FTX regarding mishandled customer funds and
alleged US agency investigations.
At 4:30 a.m. on Nov. 11, Bankman-Fried ultimately agreed to step
aside, and restructuring vet John J. Ray III was quickly named new
CEO.
FTX Trading Ltd (d/b/a FTX.com), West Realm Shires Services Inc.
(d/b/a FTX US), Alameda Research Ltd. and certain affiliated
companies then commenced Chapter 11 proceedings (Bankr. D. Del.
Lead Case No. 22-11068) on an emergency basis on Nov. 11, 2022.
Additional entities sought Chapter 11 protection on Nov. 14, 2022.
FTX Trading and its affiliates each listed $10 billion to $50
million in assets and liabilities, making FTX the biggest
bankruptcy filer in the US this year. According to Reuters, SBF
shared a document with investors on Nov. 10 showing FTX had $13.86
billion in liabilities and $14.6 billion in assets. However, only
$900 million of those assets were liquid, leading to the cash
crunch that ended with the company filing for bankruptcy.
The Hon. John T. Dorsey is the case judge.
The Debtors tapped Sullivan & Cromwell, LLP as bankruptcy counsel;
Landis Rath & Cobb, LLP as local counsel; and Alvarez & Marsal
North America, LLC as financial advisor. Kroll is the claims agent,
maintaining the page https://cases.ra.kroll.com/FTX/Home-Index
The official committee of unsecured creditors tapped Paul Hastings
as bankruptcy counsel; Young Conaway Stargatt & Taylor, LLP as
Delaware and conflicts counsel; FTI Consulting, Inc. as financial
advisor; and Jefferies, LLC as investment banker.
Montgomery McCracken Walker & Rhoads LLP, led by partners Gregory
T. Donilon, Edward L. Schnitzer, and David M. Banker, is
representing Sam Bankman-Fried in the Chapter 11 cases. White
collar crime specialist Mark S. Cohen has reportedly been hired to
represent SBF in litigation. Lawyers at Paul Weiss previously
represented SBF but later renounced representing the entrepreneur
due to a conflict of interest.
FU BANG GROUP: Seeks to Hire Sares Regis as Property Manager
------------------------------------------------------------
Fu Bang Group Corp USA seeks approval from the U.S. Bankruptcy
Court for the Central District of California to hire Sares Regis
Management Company L.P. to provide property management services.
The firm's services include:
(a) Leasing -- To use all reasonable efforts to let the
apartment units comprising the Fu Bang Property to desirable
tenants and, in connection therewith, to place advertisements,
rental signs, prepare circulars and engage in other forms of
advertising. Manager may also negotiate, sign, renew, modify and
cancel rental agreements and leases with tenants of the Fu Bang
Property for such rentals and on such terms as Manager deems
appropriate;
(b) Collection of Income -- To bill tenants for rent and use
its reasonable efforts to collect the rents and all other income
derived from the operation, maintenance and management of the Fu
Bang Property promptly when such amounts become due;
(c) Maintenance and Operation -- To oversee the day-to-day
management of the Fu Bang Property, use its diligent skill and
efforts to serve tenants of the Fu Bang Property and, subject to
the terms hereof, including, without limitation, the Approved
Budget, purchase necessary furniture, fixtures, equipment, tools,
appliances, materials, fuel and supplies, make contracts for or
otherwise furnish electricity, gas water, telephone, window
cleaning, refuse disposal, pest control and any other utilities or
services required for the operation of the Fu Bang Property and
make or cause to be made and supervised, necessary repairs,
cleaning, painting, alterations, decorations, replacements and
improvements;
(d) Contractors -- To engage, discharge, supervise and pay on
behalf of Fu Bang all contractors, agents or such other persons
necessary or convenient for the efficient operation and maintenance
of the Fu Bang Property and, subject to the Approved Budget;
(e) Termination of Tenancies -- To sign and serve such notices
on delinquent tenants as Manager or Fu Bang may deem necessary or
proper, to engage counsel (subject to approval by the Bankruptcy
Court for so long as the Bankruptcy Case is pending) and, in Fu
Bang's name, to (i) sue for and recover any rents which are past
due; (ii) attach, garnish and levy upon the property of any
delinquent tenant and recover possession of any part of the Fu Bang
Property there from; and (iii) settle, compromise and adjust any
such actions, suits or proceedings and the matters involved
therein;
(f) Books and Records -- To keep full, detailed and adequate
accounts and records of all receipts, expenses and disbursements
relating to the Fu Bang Property, and to permit Fu Bang and its
representatives to examine the same at any time during Manager's
regular business hours after providing written notice to Manager.
All original reports, documents and leases are to be retained by
Manager, but shall remain and be the property of Fu Bang. Copies
will be delivered promptly to Fu Bang upon Fu Bang's written
request;
(g) Budgets -- Prepare annual budgets for operation of the Fu
Bang Property on or before November 1 of each year;
(h) Monthly Reports -- To prepare and submit a detailed
statement of all receipts, expenses and disbursements relating to
the Fu Bang Property for the preceding calendar month, or portion
thereof, to be delivered to Fu Bang within fifteen (15) days after
the end of each calendar month. For so long as the Bankruptcy Case
is pending, the Monthly Repot shall be delivered to Fu Bang within
twelve (12) days after the end of each calendar month;
(i) Employees –- Manager shall provide employees and staff
sufficient for Manager to properly, adequately, safely and
economically manage, operate and maintain the Fu Bang Property in
accordance with the requirements of the Management Agreement.
Sares Regis will be compensated as follows:
a. Monthly Fee -- Equal to 5% of gross revenue, not less than
$9,000 per month;
b. Construction Management Fee -- For material improvements or
renovations in excess of $10,000 project cost equal to 5% of the
total hard and soft costs of such
project;
c. Disposition Fee -- If the Fu Bang Property is sold to a
third party that does not retain Sare Regis as property manager, Fu
Bang may terminate the Management Agreement and Sares Regis shall
be due a $30,000 disposition fee;
d. Termination Fee -- If Fu Bang terminates Sares Regis
without cause (with notice), Sares Regis shall be due a termination
fee equal to three times the prior months' management fee;
e. Reimbursement -- Sares Regis shall be reimbursed for the
cost of the employees and staff provided to Fu Bang and for the
operating expenses of the Fu Bang Property.
Nicholas Rubin, a partner with Force Ten Partners, disclosed in a
court filing that the firm is a "disinterested person" as that term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Nicholas Rubin
Sares Regis Management Company L.P.
5271 California Avenue, Suite 270
Irvine, CA 92617
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.
GAROFALO REAL ESTATE: Unsecured Creditors to Split $119K in Plan
----------------------------------------------------------------
Garofalo Real Estate Holdings LLC filed with the U.S. Bankruptcy
Court for the Southern District of New York a Combined Plan and
Disclosure Statement dated September 15, 2025.
The Debtor's business consists of owning and operating a lovely
residential apartment building consisting of 10 apartment units
located at 330 W. 86th St., New York, NY.
The Debtor purchased the building in December 2014 for $6,988,959.
Such purchase was partially financed by the Debtor assuming the
existing Mortgage Lien and entering into a five-year note. The
principal amount of the Mortgage was $4,300,000, the Mortgage bore
interest at 3.3%, and the Mortgagee was Signature Bank.
The Debtor is filing this plan based on an informal settlement
agreement with its principal secured creditor, BD Notes LLC. BD
Notes holds a mortgage on the real property which is the only
significant asset of the Debtor. Prior to the bankruptcy, BD Notes
had moved to foreclose on the Property and had gotten a judgment of
foreclosure against the Debtor and other parties in the amount of
$5,542,012.52, plus statutory interest and costs. They had also put
a receiver in place, such that, the Debtor was not operating the
Property nor receiving income.
At the commencement of the case, it was the Debtor's intention to
either refinance the Property or sell the air rights, in order to
pay the secured claim of BD Notes. BD Notes filed a Secured Claim
in the amount of $6,448,342.90, which BD Notes asserts accurately
reflects the foreclosure judgment amount inclusive of accrued
interest as of the Petition Date; however, such secured claim would
be limited by the value of the collateral as a matter of law. The
Debtor's appraisal came in at $5 million, divided $4 million for
the building and $1 million for the air rights, leaving BD Notes
significantly undersecured.
The Debtor believes that without this settlement, a plan would not
be feasible, and any liquid assets would be completely used up in
litigation, and would have a very uncertain outcome. As a result of
the settlement, however, the Plan is able to propose that Creditors
will be paid as follows: Administrative Claims, other than for
Professional Fees, will be paid in the ordinary course as they
become due unless the Holder of such Claim agrees to a different
treatment. Class 1 consists of the Allowed Priority Non-tax Claims.
The Debtor believes that there are no Claimants in this Class.
Should there be an Allowed Class 1 Claim, it will be paid in full
within five business days of the Effective Date, unless the Holder
of the Claim agrees to a different treatment. Class 2 consists of
both the Secured and Unsecured Claims of BD Notes which will be
treated as discussed.
Class 3 consists of Allowed General Unsecured Claims which will
receive their Pro Rata share of all of the remaining Cash of the
Debtor after all of the payments are made, and a small reserve is
set aside for expenses of administration of the estate. The Debtor
estimates, but does not guarantee, that such Distribution will be
approximately $0.38 on the dollar. The Holders of Equity Interests,
Class 4, will retain their equity interest in the Debtor; however,
it is anticipated that the Debtor will have no business and no
assets after all Distributions are made pursuant to the Plan. It is
expected that the Debtor will only continue in business long enough
to administer the Plan.
The only remaining Assets of the Debtor after the Distributions
contemplated by the Plan will be Causes of Action. The Debtor does
not believe that there are any viable Avoidance Actions, nor does
it have accurate records from the receiver which would allow it to
assess transfers made in the 20 months preceding the Petition Date.
The Debtor may have civil causes of action against third parties,
such as Signature Bank, but it does not have the ability
financially to pursue same. Should the Class 4 Interest Holder
decide to pursue any litigation after Confirmation, such Interest
Holder would have to recapitalize the Reorganized Debtor to do so,
which may or may not be feasible, and therefore is not contemplated
by the Plan.
Class 3 consists of General Unsecured Creditors. The Debtor
estimates that there will be approximately $310,053 of Allowed
Unsecured Claims, and that after payment of the Allowed
Non-Classified Claims, including Professional Fees, and payment of
the Allowed Class 1 and Class 2 Claims, and the establishment of a
reserve for administrative expenses, there will be approximately
$119,000 left for distribution to General Unsecured Creditors. This
would amount to a Distribution of approximately $0.38 on the
dollar. There can be no guarantee, however, that this will be the
exact amount available. The actual Distribution to General
Unsecured Creditors could vary upward or downward. Class 3 is
Impaired.
Class 4 consists of Equity Interest Holders. Equity Interest
Holders are parties who hold an ownership interest (i.e., equity
interest) in the Debtor. In a limited liability company like the
Debtor, the ownership interests are expressed in membership units.
The sole Holder of membership units in the Debtor is Laura
Garofalo. Equity Interest Holders shall maintain existing Equity
Interest.
The Plan is premised upon a transfer of substantially all of the
Assets of the Debtor other than Cash to BD Notes or its designated
assignee. The documents to effectuate such transfer will be filed
as part of the Plan Supplement no less than fourteen days prior to
the Confirmation Hearing. The Property is being transferred as is,
where is, by a Bargain & sale Deed with Covenants. At the Closing,
upon transfer of the Property to BD Notes, or its designated
assignee, BD Notes will mark the Mortgage loan and Note fully
satisfied and return them to the Debtor.
A full-text copy of the Combined Plan and Disclosure Statement
dated September 15, 2025 is available at
https://urlcurt.com/u?l=RP6qcg from PacerMonitor.com at no charge.
About Garofalo Real Estate Holdings
Garofalo Real Estate Holdings LLC is a Single Asset Real Estate
debtor (as defined in 11 U.S.C. Section 101(51B)).
Garofalo Real Estate Holdings sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D.N.Y. Case No. 24-11915) on Nov. 6,
2024. In the petition filed by Laura Garofalo, sa sole and managing
member, the Debtor estimated assets up to $50,000 and estimated
liabilities between $1 million and $10 million.
Bankruptcy Judge Martin Glenn handles the case.
The Debtor is represented by:
David H. Hartheimer, Esq.
MAYERSON & HARTHEIMER, PLLC
845 3rd Ave FL 11 11th Floor
New York NY 10022-6601
Tel: (646) 778-4381
Email: david@mhlaw-ny.com
GENTLE HAND: Claims to be Paid from Continued Operation
-------------------------------------------------------
Gentle Hand, LLC filed with the U.S. Bankruptcy Court for the
Middle District of Florida a Plan of Reorganization dated September
15, 2025.
The Debtor is a Delaware limited liability company, formed on or
about July 16, 2021. The Debtor owns two parcels of real property
located in Brevard County, Florida, from which assisted living
facilities are operated.
The Debtor operates the assisted living facility ("ALF") known as
Gentle Hand of Palm Bay ALF, located at 826 Hunan Street NE Palm
Bay, Florida 32907 (the "Gentle Hand ALF"). The Gentle Hand ALF
primarily serves residents in hospice care. Diamond Lifestyle ALF,
LLC2 operates the ALF known as Diamond Lifestyle ALF, LLC, located
at 2273 Merlin Drive, Melbourne, Florida 32904 (the "Diamond
ALF").
In 2023, the Debtor had $248,216.54 in gross revenues. In 2024, the
Debtor had $168,605.00 in gross revenues; and year-to-petition date
in 2025, the Debtor has had approximately $83,000.00 in gross
revenues.
Class 9 consists of any and all equity interests and warrants
currently issued or authorized in the Debtor. This Class is
Unimpaired. Holders of Class 9 interests shall retain their full
equity interest in the same amounts, percentages, manner and
structure as existed on the Petition Date.
The Plan contemplates that the Reorganized Debtor will continue to
operate the Debtor's business.
Except as explicitly set forth in this Plan, all cash in excess of
operating expenses generated from operation until the Effective
Date will be used for Plan Payments or Plan implementation, cash on
hand as of Confirmation shall be available for Administrative
Expenses.
To the extent Debtor's available funds are insufficient to make
Plan payment to Secured Creditors, M&A, LLC and/or Marlene Hart
will contribute funds to cure any such shortfall and fund payment
to Secured Creditors.
A full-text copy of the Plan of Reorganization dated September 15,
2025 is available at https://urlcurt.com/u?l=CsAVp2 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Jeffrey S. Ainsworth, Esq.
Jennifer L. Morando, Esq.
BransonLaw, PLLC
1501 East Concord Street
Orlando, Florida 32803
Telephone: (407) 894-6834
Facsimile: (407) 894-8559
E-mail: jeff@bransonlaw.com
E-mail: jennifer@bransonlaw.com
About Gentle Hand LLC
Gentle Hand LLC, doing business as Gentle Hand of Palm Bay ALF,
LLC, operates an assisted living facility in Palm Bay, Florida. It
provides residential care services in a licensed setting with a
six-bed capacity.
Gentle Hand sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-03727) on June
17, 2025. In its petition, the Debtor reported total assets of
$2,060,651 and total liabilities of $1,015,547.
Judge Lori V. Vaughan handles the case.
The Debtor is represented by Jeffrey S. Ainsworth, Esq., at
BransonLaw, PLLC.
GREENE AVENUE: Hires Tarter Krinsky & Drogin as Bankruptcy Counsel
------------------------------------------------------------------
Greene Avenue Freedom LLC seeks approval the U.S. Bankruptcy Court
for the Eastern District of New York to employ Tarter Krinsky &
Drogin LLP as its general bankruptcy counsel.
The firm will render these services:
(a) give advice to the Debtor with respect to its powers and
duties as a debtor-in-possession in the continued operation of its
business and management of its property;
(b) negotiate with the Debtor's creditors in working out a
plan of reorganization, and to take necessary legal steps in order
to confirm said plan of reorganization, including, if need be,
negotiations in financing a plan of reorganization;
(c) prepare on behalf of Applicant, as debtor-in-possession,
necessary applications, answers, orders, reports and other legal
papers;
(d) appear before the bankruptcy judge and to protect the
interests of the debtor-in-possession before the bankruptcy judge,
and to represent the Debtor in all matters pending in the chapter
11 proceeding; and
(e) perform all other legal services for the Debtor, as
debtor-in-possession, which may be necessary.
The firm will be paid at these rates:
Partners $600 to $875 per hour
Counsel $550 to $795 per hour
Associates $425 to $575 per hour
Paralegals $300 to $410 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $20,000.
Scott Markowitz, Esq., a partner at Tarter Krinsky & Drogin,
disclosed in a court filing that the firm is a "disinterested
person" as that term is defined in Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Scott S. Markowitz, Esq.
Tarter Krinsky & Drogin LLP
1350 Broadway, 11th Floor
New York, NY 10018
Tel: (212) 216-8000
Email: smarkowitz@tarterkrinsky.com
About Greene Avenue Freedom LLC
Greene Avenue Freedom LLC owns and manages a multi-family
residential property located at 1172 Greene Avenue in Brooklyn, New
York.
Greene Avenue Freedom LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-43472) on July
23, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated liabilities
between $500,000 and $1 million.
Honorable Bankruptcy Judge Jil Mazer-Marino handles the case.
The Debtor is represented by Scott S. Markowitz, Esq. at TARTER
KRINSKY & DROGIN LLP.
GWA LLC: Court Approves $7.9M 401(k) Class Action Settlement
------------------------------------------------------------
A federal judge granted final approval of a $7.9 million settlement
to resolve a class action against hedge fund GWA LLC and its
founder George A. Weiss on September 19, 2025. Employees and
participants in the GWA LLC 401(k) Profit Sharing Plan alleged that
GWA and Weiss breached their fiduciary duties and misused employee
retirement plan assets to further their own pecuniary interests in
violation of the Employee Retirement Income Security Act (ERISA).
The settlement recovery averages about $26,000 per class member.
"This is an exceptional recovery for a novel, first of its kind
401(k) ERISA class action," said Michelle C. Yau, chair of Cohen
Milstein's ERISA & Employee practice. "GWA's 401(k) strategy was
extremely risky and egregious, compounded by the fact that the plan
was 100% invested in its own hedge fund strategies. This settlement
is a significant victory for the former employees and provides them
meaningful relief, despite the fact that both defendants are now
insolvent."
Specifically, the plaintiffs alleged that 100% of GWA LLC 401(k)
Profit Sharing Plan investments (all of which were 401(k) assets)
were and continued to be invested in The Weiss Funds, which
included the company's flagship hedge fund, Weiss Multi-Strategy
Partners (Cayman) Ltd. and the company's mutual fund, Weiss
Alternative Multi-Strategy Fund, which generally replicated the
hedge fund's strategy.
This strategy is highly unprecedented for a retirement plan.
Prevailing practice for retirement portfolio allocation should
reflect a mix of asset classes to produce the long-term capital
appreciation necessary for participants to save adequately for
retirement.
The Plaintiffs further claimed that the Weiss Mutual Fund lacked
the performance history, market acceptance, and cost structure to
be a substantial investment for the 401(k) plan.
As a result, 401(k) plan participant accounts were allegedly worth
at least 30% less than what they would have been had the plan been
managed prudently in accordance with ERISA.
GWA LLC declared bankruptcy in April 2024 and closed all its funds.
A few months ago, in June of 2025, the other defendant in this
action, George Weiss, also declared bankruptcy.
The case, Andrew-Berry, et al. v. Weiss, was filed on July 24, 2023
in the United States District Court for the District of
Connecticut. It was brought on behalf of employees and other
participants in the GWA LLC 401(k) Profit Sharing Plan.
Cohen Milstein is actively monitoring alternative investment
entities, such as hedge funds and private equity firms, offering
traditional 401(k) retirement plans to employees. Such entities are
not beholden to IRS and SEC regulations like traditional business
and could present greater risk for 401(k) participants. In 2022,
Cohen Milstein settled a class action against Wells Fargo 401(k)
plan administrators for $32.5 million, based on similar
allegations.
About Cohen Milstein Sellers & Toll, PLLC
Cohen Milstein Sellers & Toll PLLC, a premier U.S. plaintiffs' law
firm, with over 100 attorneys across eight offices, champions the
causes of real people - workers, consumers, small business owners,
investors, and whistleblowers - working to deliver corporate
reforms and fair markets for the common good. For more information
visit https://www.cohenmilstein.com
About Weiss Multi-Strategy Advisers LLC
Weiss Multi-Strategy Advisers LLC filed a voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. S.D.N.Y.
Case No. 24-10743) on Apr. 29, 2024. In the petition signed by
George Weiss, manager, the Debtor disclosed $10 million to $50
million in assets and $100 million to $500 million in liabilities.
Judge Martin Glenn oversees the case.
The Debtor tapped Tracy L. Klestadt, Esq., at Klestadt Winters
Jureller Southard & Stevens, LLP as counsel and Omni Agent
Solutions, Inc. as claims and noticing agent.
HADLOCK ENTERPRISES: Unsecureds Will Get 74.41% over 60 Months
--------------------------------------------------------------
Hadlock Enterprises LLC filed with the U.S. Bankruptcy Court for
the Western District of Washington a Plan of Reorganization dated
September 15, 2025.
The Debtor is an automative glass and radio repair company under a
DBA called "The AutoGlass Clinic & Mobile Radio", (the "Business").
The Business began as a mobile radio shop in 1982, and about a
decade later it acquired an auto glass clinic.
Russ Hadlock acquired the Business in November of 2022, and
currently there two locations in Washington, Poulsbo, and
Bremerton. After acquiring the Business at the end of 2022, there
was a significant decrease in revenue the following year in 2023.
While the Debtor worked to reduce costs and increase revenue, it
was too late. In order to maintain operations, the Debtor entered
into a secured loan with Rapid Finance, but that action was
insufficient to fix the Business' solvency issues.
Hadlock Enterprises, LLC filed a petition under Chapter 11,
Subchapter V on June 16, 2025, to prevent Debtor's assets from
being liquidated, and to preserve and maintain the value of Debtor
as an operating entity for the benefit of all creditors, and to
continue operating the Business. The Debtor is now operating the
Business and managing its affairs as a debtor-in-possession under
Sections 1107 and 1108 of the Bankruptcy Code.
This Plan provides for treatment of unclassified administrative
claims, priority tax claims, three classes of secured claims, one
class of unsecured claims and one class of equity security
holders.
The Debtor will pay as designated in Article XI in the amount of
between $2,400.00 and $7,500.00 per month beginning on the first
day of the month following the Effective Date of the plan. The
differences in monthly disbursement amounts are based on differing
levels of anticipated income and expenses throughout the year. The
Debtor will make further payments thereafter monthly on the first
day of the month for 59 additional months (60 months total). The
60-month budget provides for payments of between $2,400 and $15,000
to general unsecured creditors.
Because the Debtor's income can vary widely from month to month,
the Debtor's monthly payments are capped to ensure liquidity. On a
quarterly basis beginning the first full quarter following the
Effective date, the Debtor will make quarterly true up payments to
bring actual payments in line with expected payments under the
monthly budget. The anticipated payout to unsecured creditors is
$524,800.00 which represents 74.41% of filed and scheduled
undisputed claims. The Debtor will act as its own Disbursing
Agent.
Class 5 consists of General Unsecured Creditors. Each holder of an
allowed general unsecured claim will be paid a pro rata share with
the remaining funds available after payment of administrative,
secured, and priority claims. This Class is impaired.
Class 6 consists of Equity Security Holders. Russell Hadlock holds
a 100%-member interest in the Debtor which shall be retained.
The Plan will be funded with revenue from the Debtor's operation.
A full-text copy of the Plan of Reorganization dated September 15,
2025 is available at https://urlcurt.com/u?l=XMv0bO from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Steven M. Palmer, Esq.
Ryan R. Cole, Esq.
CAIRNCROSS & HEMPELMANN, P.S
524 Second Avenue, Suite 500
Seattle, WA 98104-2323
Tel: (206) 587-0700
Fax: (206) 587-2308
E-mail: spalmer@cairncross.com
rcole@cairncross.com
About Hadlock Enterprises LLC
Hadlock Enterprises, LLC doing business as Autoglass Clinic and
Mobile Radio, provides auto glass repair and replacement, car audio
installation, and window tinting services. The company serves
individual and commercial clients across automotive, residential,
and marine sectors. Its offerings include RV and boat glass
services as well as home and commercial glass solutions.
Hadlock Enterprises sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Wash. Case No. 25-11654) on June 16,
2025. In the petition signed by Russell F. Hadlock, managing
member, the Debtor disclosed $275,750 in total assets and
$2,170,473 in total liabilities.
Steven M. Palmer, Esq., at Cairncross & Hempelmann, P.S., is the
Debtor's legal counsel.
Pinnacle Bank, as secured creditor, is represented by:
Darren R. Krattli, Esq.
Eisenhower Carlson, PLLC
909 A St. Suite 600
Tacoma, WA 98402
Phone: 253-319-0955
dkrattli@eisenhowerlaw.com
HECLA MINING: S&P Alters Outlook to Positive, Affirms 'B+' ICR
--------------------------------------------------------------
S&P Global Ratings revised its outlook on Idaho-based gold and
silver producer Hecla Mining Inc. to positive from stable and
affirmed its 'B+' issuer credit rating.
S&P said, "We also affirmed our 'BB-' issue-level rating on the
company's senior unsecured notes; the '2' recovery rating is
unchanged.
"The positive outlook reflects our expectation that Hecla could
likely maintain leverage below 1.5x and generate significant free
cash flows over the next 12 months."
Hecla has increased its credit cushion through significant debt
reduction. As of Aug. 31, 2025, the company used free cash flow and
proceeds from an at-the-market equity program to repay about $285
million of debt. This is in addition to about $118 million of debt
repayment in 2024. As a result, Hecla has reduced its S&P Global
Ratings-adjusted debt by about 50% over the past 24 months. This
significant debt reduction creates a strong credit cushion that
could help the company navigate periods of declining earnings due
to unfavorable movements in gold and silver prices, which are
currently at peak levels. Hecla's rolling-12-month debt to EBITDA
was 1.6x as of June 30, 2025 (this excludes the significant debt
reduction in August 2025) compared with 3.7x at the same time in
2024. Its EBITDA more than doubled over the same period, spurred by
favorable gold and silver prices. S&P believes leverage could
likely remain below 1.5x over the next 12–24 months, even if
precious metal prices dropped by about 20%-30%, all others equal.
The elimination of the silver-linked dividend policy in 2025 could
increase discretionary cash flow. Prior to 2025, Hecla's dividend
payout was linked to the price of silver, which--under the current
peak prices--would have resulted in a relatively high payout to
shareholders. However, the company eliminated the silver-linked
policy in favor of minimum fixed dividends, which has helped it
conserve liquidity and cash. Hence, S&P expects about a 60%
reduction in shareholder returns in 2025, which could result in
higher discretionary cash flows available for further debt
reduction or reinvestments into the business. Management has also
suggested it could deploy any proceeds from an asset sale toward
further debt reduction. The company's capital-allocation priorities
continue to favor organic investments such as the continuous
development of Keno Hill and the likely transition to surface
mining at Casa Berardi.
Higher-than-expected gold prices are helping extend underground
operations at Casa Berardi. Prior to 2025, Hecla had planned to
shut down underground mining at Casa Berardi by mid-2025 as it
transitions to surface-only mining until 2027 given the declining
ore grade and high production costs. However, record gold prices
have more than offset the impact of the high costs, leading to
positive free cash flow generation at the mine as of June 30, 2025.
At the same time, the strip ratio has decreased, leading to some
improvement in production costs. As a result, Hecla has decided to
continue underground mining at Casa Berardi while it continues its
strategic review of the mine. This review will consider various
options, which include a potential sale of the mine and further
development activities. While a potential sale could shrink the
company's portfolio of assets, it could use the proceeds for
further debt reduction, which could strengthen its balance sheet
and improve its financial flexibility.
S&P said, "Overall, our assessment of Hecla's credit profile
incorporates its relatively small-scale operations with four
operating mines, ongoing permitting challenges at Keno Hill, and a
lack of a track record of maintaining such low leverage. As a
result, our rating on Hecla is one notch lower than that indicated
by its business and financial risk profiles.
"The positive outlook reflects our expectation that
higher-than-expected precious metal prices will continue to drive
significant profits and cash-flow generation for Hecla over the
next 12 months. We expect Hecla could maintain leverage below
1.5x.
"We could revise the outlook back to stable if leverage approaches
2x. This could happen if gold and silver production declines
materially due to an operational disruption at any of Hecla's mine
or precious metal prices decline more sharply than anticipated.
"We could raise our rating on Hecla if it sustains its current
robust profits and free cash flow generation over the next 12
months, with a cushion to absorb adverse movements in gold and
silver prices." In such a scenario S&P would expect:
-- Leverage sustained below 1.5x; and
-- FOCF to debt above 25%.
HILLCREST VENTURES: Seeks to Hire Raymond H. Aver as Legal Counsel
------------------------------------------------------------------
Hillcrest Ventures LLC seeks approval from the U.S. Bankruptcy
Court for the Central District of California to hire The Law
Offices of Raymond H. Aver, A Professional Corporation as its
counsel.
The firm will render these services:
(a) represent the Debtor at its Initial Debtor Interview;
(b) represent the Debtor at its meeting of creditors pursuant
to Bankruptcy Code Section 341(a), or any continuance thereof;
(c) represent the Debtor at all hearings before the U.S.
Bankruptcy Court;
(d) prepare necessary legal papers;
(e) advise the Debtor regarding matters of bankruptcy law;
(f) represent the Debtor with regards to all contested
matters;
(g) represent the Debtor with regards to the preparation of a
disclosure statement and the negotiation, preparation, and
implementation of a plan of reorganization;
(h) analyze any secured, priority, or general unsecured claims
that have been filed in the Debtor's bankruptcy case;
(i) negotiate with the Debtor's secured and unsecured
creditors regarding the amount and payment of their claims;
(j) object to claims as may be appropriate; and
(k) perform all other legal services for the Debtor as may be
necessary, other than adversary proceedings which would require a
further written agreement.
The firm received a prepetition retainer payment of $45,000 from
the Debtor.
Raymond Aver, a shareholder at the firm, will be paid at his hourly
rate of $695.
Mr. Aver 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:
Raymond H. Aver, Esq.
The Law Offices of Raymond H. Aver
A Professional Corporation
10801 National Blvd., Ste. 100
Los Angeles, CA 90064
Telephone: (310) 571-3511
Email: ray@averlaw.com
About Hillcrest Ventures LLC
Hillcrest Ventures LLC, a Calabasas, California-based real estate
developer, undertakes large-scale property projects that include
multifamily housing, mixed-use complexes and commercial
developments.
Hillcrest Ventures LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-11472) on August 13,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million.
Honorable Bankruptcy Judge Martin R. Barash handles the case.
The Debtor is represented by Raymond H. Aver, Esq. at LAW OFFICES
OF RAYMOND H. AVER, A PROFESSIONAL.
HO WAN KWOK: MSJ Order Affirmed in Greenwich Land, et al. Lawsuit
-----------------------------------------------------------------
In the appeal styled GREENWICH LAND, LLC and HING CHI NGOK,
Appellants, v. LUC A. DESPINS, CHAPTER 11 TRUSTEE,
Trustee-Appellee, Case No. 3:24-cv-01185-KAD (D. Conn.), Judge Kari
A. Dooley of the United States District Court for the District of
Connecticut affirmed the order of the United States Bankruptcy
Court for the District of Connecticut granting Chapter 11 Trustee
Luc A. Despins' motion for summary judgment, in which the
Bankruptcy Court determined that:
(a) Greenwich Land is the alter ego of the Individual Debtor Ho
Wan Kwok;
(b) the Debtor equitably owns Greenwich Land; and
(c) Greenwich Land's assets, as well as Ms. Hing Chi Ngok's
membership interest in Greenwich Land, are property of the Debtor's
bankruptcy estate
Greenwich Land is a Delaware LLC which owned, inter alia, property
at 373 Taconic Road in Greenwich, Connecticut, which it purchased
in February 2020. Greenwich Land has maintained an address at 162
East 64th Street, New York, New York, which has also been used by:
the Debtor; the Debtor's attorney, Aaron Mitchell; the Debtor's
adjudged alter egos, Golden Spring and HK USA; Hudson Diamond NY
LLC, and numerous other entities associated with the Debtor.
Ms. Ngok is the Debtor's wife, and previously resided at the
Taconic Road Property. Though Yanping "Yvette" Wang, Max Krasner,
and Daniel Podhaskie have each, at times, served as officers of
Greenwich Land, Ms. Ngok is presently the sole member of Greenwich
Land.
Ms. Ngok has admitted that she did not participate directly in any
banking or other financial transactions of Greenwich Land, and
indeed, does not know at which banks Greenwich Land has or had bank
accounts, or the source(s) of the funds in those accounts.
Nevertheless, Ms. Ngok, as well as Mr. Krasner, Mr. Podkaskie, Ms.
Ngok's daughter ("Ms. Guo"), and even the Kwok family chef, used
debit cards in their names under Greenwich Land's Bento for
Business bank account. Additionally, though Mr. Krasner resigned
from his position as Vice President of Greenwich Land in November
2022, he continued to use his Bento Account debit card for several
months thereafter.
On appeal of the MSJ Order, Appellants argue that:
(1) the Bankruptcy Court erred in its threshold evidentiary
rulings, to include its determinations regarding law of the case
and the Debtor and Ms. Guo's invocations of the Fifth Amendment;
(2) without the evidence and other considerations upon which
the Bankruptcy Court wrongly relied, the Trustee cannot meet his
burden on summary judgment; and
(3) regardless, the evidentiary record fails to establish that
Greenwich Land is the Debtor's alter ego, or that the Debtor
equitably owns Greenwich Land.
In response, the Trustee argues that:
(a) the Bankruptcy Court did not abuse its discretion in
ruling on the parties' threshold evidentiary objections; and
(b) the Bankruptcy Court did not err in concluding, on the
basis of the undisputed facts, that Greenwich Land is the Debtor's
alter ego and that the Debtor equitably owns Greenwich Land.
The District Court agrees with the Trustee.
On appeal, Appellants do not contest the Bankruptcy Court's
reliance on applicable Delaware law or the general framework it
sets out regarding alter ego determinations. Rather, they broadly
challenge the sufficiency of the evidence adduced on summary
judgment. In response, the Trustee argues that the record evidence
supports the Bankruptcy Court's alter ego determination, and that
Appellants have otherwise "proffered no evidence that might come
close to establishing a genuine dispute of material fact preventing
summary judgment on the Trustee's claims." The District Court
agrees with the Trustee.
Applying Delaware's alter ego framework, the District Court
concludes that there is no genuine issue of material fact that
Greenwich Land is the alter ego of the Debtor, and that reverse
veil piercing is appropriate under the circumstances.
The District Court also finds that the Bankruptcy Court properly
concluded as a matter of law that the Debtor is the beneficial
owner of Greenwich Land.
Appellants principally argue that the Bankruptcy Court erred in its
reliance on, and application of, the Dordevic factors.
The court in Dordevic explained that "courts consider several
factors in determining whether a titleholder is actually serving as
a nominee for the benefit of another, including whether:
(1) there is a close personal relationship between the nominee
and the transferor;
(2) the nominee paid little or no consideration for the
property;
(3) the parties placed the property in the name of the nominee
in anticipation of collection activity;
(4) the parties did not record the conveyance; and
(5) the transferor continues to exercise dominion and control
over the property.
Regarding the first factor, the Bankruptcy Court observed that the
Debtor's close relationship with the nominee (i.e., his wife) is
uncontested. Then, as to the second, third, and fifth factors, the
Bankruptcy Court incorporated by reference its extensive prior
discussion regarding the alter ego analysis, specifically as to:
(a) Ms. Ngok's complete lack of knowledge and responsibility
for the funding of Greenwich Land and its real estate transactions;
(b) the Debtor's dominion and control over Greenwich Land; and
(c) Greenwich Land's corporate form being used to shield
assets from the Debtor's creditors, thereby frustrating collection
efforts.
According to the District Court, the Bankruptcy Court thoroughly
examined the record evidence and the undisputed facts and
accurately concluded that four of the five Dordevic factors support
the Debtor's equitable ownership of Greenwich Land.
The District Court affirms in its entirety the Bankruptcy Court
order granting summary judgment in favor of the Trustee.
A copy of the Court's Memorandum of Decision dated September 11,
2025, is available at https://urlcurt.com/u?l=BmbAe6 from
PacerMonitor.com.
About Ho Wan Kwok
Ho Wan Kwok sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. D. Conn. Case No. 22-50073) on Feb. 15, 2022. Judge
Julie A. Manning oversees the case. Dylan Kletter, Esq., is the
Debtor's legal counsel.
Ho Wan Kwok aka Guo Wengui is an exiled Chinese businessman.
According to Reuters, Guo was a former real estate magnate who fled
China for the U.S. in 2014 ahead of corruption charges. Guo filed
for bankruptcy after a New York court ordered him to pay lender
Pacific Alliance Asia Opportunity Fund $254 million stemming from a
contract dispute. PAX had initially loaned two of Guo's companies
$100 million in 2008 for a construction project in Beijing and sued
Guo when he failed to pay off the loan.
An Official Committee of Unsecured Creditors has been appointed in
the case and is represented by Pullman & Comley, LLC.
Luc A. Despins was appointed Chapter 11 Trustee in the case.
HOOK ROAD: Hires Bronson Law Offices P.C. as Bankruptcy Counsel
---------------------------------------------------------------
Hook Road LLC seeks approval from the U.S. Bankruptcy Court for the
Southern District of New York to hire Bronson Law Offices, P.C. as
its bankruptcy counsel.
The firm will render these services:
(i) assist in the administration of this Chapter 11
proceeding;
(ii) prepare or review operating reports;
(iii) set a bar date;
(iv) file a motion for financing;
(v) review claims and resolve claims which should be
disallowed;
(vi) defend lift stay motions (vii) assist in drafting a plan
of reorganization including all exhibits and schedules thereto, and
confirming a Chapter 11 plan; and
(viii) all other services necessary to confirm a plan in
bankruptcy or defend the bankruptcy.
The firm's hourly rates are:
Attorney $475 to $550
Paralegal $250
In addition, the firm will seek reimbursement for expenses
incurred.
The firm also received a retainer of $15,000.
H. Bruce Bronson, Esq., a partner at Bronson Law Offices P.C.,
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:
H. Bruce Bronson, Esq.
Bronson Law Offices, PC
480 Mamaroneck Ave.
Harrison, NY 10528
Telephone: (914) 269-2530
Facsimile: (888) 908-6906
Email: hbbronson@bronsonlaw.net
About Hook Road LLC
Hook Road LLC is a real estate lessor, owns the property at 20 Hook
Road in Bedford, New York, which the Debtor estimates to be worth
$1.31 million, based on a broker's price opinion.
Hook Road LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D.N.Y. Case No. 25-22460) on May 27, 2025. In its
petition, the Debtor reports total assets of $1,313,000 and
estimated Liabilities: $601,000.
Honorable Bankruptcy Judge Sean H. Lane handles the case.
The Debtors are represented by H Bruce Bronson, Esq. at BRONSON LAW
OFFICES PC.
HUDSON PACIFIC: Moody's Alters Outlook on 'B2' CFR to Stable
------------------------------------------------------------
Moody's Ratings affirmed Hudson Pacific Properties, Inc.'s B2
Corporate Family Rating. In the same rating action, Moody's
affirmed Hudson Pacific Properties, L.P.'s (the primary operating
subsidiary of Hudson Pacific Properties, Inc., collectively
referred to as "Hudson Pacific' or 'the REIT') B2 backed senior
unsecured debt rating and (P)B2 backed senior unsecured shelf
rating. Moody's also affirmed Hudson Pacific Properties, Inc.'s
Caa1 preferred stock rating and its (P)Caa1 preferred stock shelf
rating. The outlook for both Hudson Pacific Properties, Inc.'s and
Hudson Pacific was changed to stable from negative.
The affirmations reflect Moody's expectations that Hudson Pacific's
office portfolio occupancy will increase meaningfully over the next
12-18 months because of higher leasing volume. Another important
consideration is the REIT's improved liquidity position following
the repayment and refinancing of 2025 maturities and the extension
of its revolver expiration to 2029, albeit with lower capacity
after year-end 2026.
The stable outlook reflects Moody's expectations that Hudson
Pacific will continue to report strong office leasing volumes, with
low single digit declines in cash rents or better. The outlook also
incorporates Moody's views that growth in income will lead to
improvement in the REIT's leverage and EBITDA/Interest Expense
ratios over the next 4-6 quarters.
RATINGS RATIONALE
Hudson Pacific's B2 CFR reflects several credit challenges
including its weak office operating metrics, uncertain demand for
its studio assets, elevated net debt to EBITDA, weak
EBITDA/interest expense and significant geographic and tenant
sector concentrations. The rating also considers the improved
leasing conditions in San Francisco, the REIT's largest market, and
long track record in the studio segment.
In the last four quarters, the REIT's cash same-store net operating
income from the office segment declined by 13% because of the lower
portfolio occupancy and a 2.4% reduction in weighted average rent
per square foot. Despite leasing 2.2 million square feet in the
same period, about 15.5% of its aggregate portfolio, Hudson
Pacific's portfolio occupancy declined by 360 bps because of
elevated lease expirations and the time lag between lease signing
and tenant occupancy in the office segment.
To the extent, the REIT can maintain leasing volumes at 80% of its
last 4-quarter average or better, its portfolio lease rate will
improve to the low 80% level by the middle of 2026 because of lower
expirations.
Hudson Pacific owns four studio properties that were 63.6% leased
at the end of the second quarter of 2025. Slow recovery in
production volume following the multiple strikes and the union
negotiations in 2023 and 2024, process efficiencies and production
shifting to new locations have been significant operating
challenges for the REIT's Los Angeles centered media portfolio.
Moody's expects modest growth in income contribution from this
segment over the next few quarters.
Moody's expects that Hudson Pacific's net debt to EBITDA ratio will
improve to 12.0x over the next 4-6 quarters from 12.6x at the end
of the second quarter 2025. Simultaneously, its fixed charge
coverage will increase by 15-30 bps from the current level of
1.3x.
Hudson Pacific's SGL-3 rating reflects Moody's assessments that it
has adequate liquidity to meet its near-term capital needs that
would be primarily related to its leasing activity. The recently
announced amendment and extension of its unsecured revolving credit
facility provides stability to the REIT's liquidity position,
however the size of the line declines by 40% after year-end 2026.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
A ratings upgrade would require improvement in the REIT's
liquidity, portfolio occupancy in the low 80% range and same-store
NOI growth. Maintaining net debt to EBITDA below 11x and fixed
charge coverage above 1.6x on a consistent basis would also be
necessary for a ratings upgrade.
Hudson Pacific's ratings could be downgraded if its liquidity
position weakens or if operating metrics such as portfolio
occupancy and same-store NOI growth continue to deteriorate.
Increased leverage or fixed charge coverage remaining below 1.4x
could also result in a downgrade.
The principal methodology used in these ratings was REITs and Other
Commercial Real Estate Firms published in May 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Hudson Pacific Properties, Inc. is a publicly traded real estate
investment trust (REIT) that owns 42 in-service office properties
and 4 studio assets in select West Coast markets and Western
Canada. The REIT reported total assets of $8.1 billion, on a GAAP
basis, at the end of the second quarter of 2025.
I V SUPPORT: Gets Final OK to Use Cash Collateral
-------------------------------------------------
I V Support Systems, Inc. received final approval from the U.S.
Bankruptcy Court for the Central District of California, Santa Ana
Division, to use cash collateral of the U.S. Small Business
Administration.
The final order authorized the Debtor to use all cash collateral
through November 7, pursuant to its supplemental budget.
As adequate protection for the Debtor's use of its cash collateral,
SBA will receive cash payments and a replacement lien (matching its
pre-bankruptcy lien's extent, validity and priority) on assets of
the Debtor. The replacement lien does not apply to avoidance claims
and their proceeds.
The court also waived the 14-day stay under Rule 6004(h), allowing
the Debtor to immediately proceed with the use of cash collateral.
About I V Support Systems, Inc.
I V Support Systems, Inc. specializes in the repair, maintenance,
and sale of biomedical equipment.
The Debtor sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. C.D. Cal. Case No. 8:25-bk-12139-MH) on July 31,
2025. In the petition signed by George Davis, CEO, the Debtor
disclosed up to $500,000 in assets and up to $1 million in
liabilities.
Aaron E. de Leest, Esq., at Marshack Hays Wood LLP, represents the
Debtor as legal counsel.
ICORECONNECT INC: Seeks to Hire Berger Singerman LLP as Counsel
---------------------------------------------------------------
Icoreconnect Inc. and iCore Midco Inc. seek approval from the U.S.
Bankruptcy Court for the Middle District of Florida to employ
Berger Singerman LLP as counsel.
The firm will render these services:
(a) give advice to the Debtor with respect to its powers and
duties as a debtor-in-possession and the continued management of
its business operations;
(b) advise the Debtor with respect to its responsibilities in
complying with the United States Trustee's Operating Guidelines and
Reporting Requirements and with the rules of the Court;
(c) prepare motions, pleadings, draft orders, applications,
adversary proceedings, and other legal documents necessary for the
efficient administration of this case;
(d) protect the interests of the Debtor in all matters pending
before the Court; and
(e) represent the Debtor in negotiations with its creditors
and in the preparation of a plan.
The firm will be paid at these rates:
Attorneys $450 to $925 per hour
Of Counsel & Associate Attorneys $450 to $675 per hour
Legal Assistants/Paralegals $125 to $425 per hour
In addition, the firm will seek reimbursement for expenses
incurred.
Amy Denton Mayer, Esq., a partner at Berger Singerman, disclosed in
a court filing that his firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Amy Denton Mayer, Esq.
BERGER SINGERMAN LLP
101 E Kennedy Blvd Suite 1165
Tampa, FL 33602
Phone: (813) 498-3400
Fax: (813) 527-37052
Email: amayer@bergersingerman.com
About iCoreConnect Inc.
iCoreConnect Inc. provides cloud-based software solutions for the
healthcare sector across the United States. Its SaaS offerings
support functions such as ePrescribing, insurance verification,
claims management, analytics, and HIPAA-compliant communication and
backup. The company is headquartered in Ocoee, Florida.
iCoreConnect and iCore Midco Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. M.D. Fla. Lead Case No. 25-03390)
on June 2, 2025. In its petition, iCoreConnect reported between $1
million and $10 million in both assets and liabilities.
Judge Grace E. Robson handles the cases.
The Debtors tapped Amy Denton Mayer, Esq., at Stichter, Riedel,
Blain & Postler, PA as bankruptcy counsel and Bhavsar Law Group, PA
as special immigration counsel.
IMMACULATE WINKS: Ruediger Mueller Named Subchapter V Trustee
-------------------------------------------------------------
The Acting U.S. Trustee for Region 21 appointed Ruediger Mueller of
TCMI, Inc. as Subchapter V trustee for Immaculate Winks, LLC.
Mr. Mueller will be paid an hourly fee of $350 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Mueller declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Ruediger Mueller
TCMI, Inc.
1112 Watson Court
Reunion, FL 34747
Telephone: (678) 863-0473
Facsimile: (407) 540-9306
Email: truste@tcmius.com
About Immaculate Winks
Immaculate Winks, LLC filed a petition under Chapter 11, Subchapter
V of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-06837) on
September 18, 2025, with $500,001 to $1 million in assets and
liabilities.
Judge Catherine Peek Mcewen presides over the case.
Andrew J. Wit, Esq., represents the Debtor as legal counsel.
INNOVATIVE DESIGNS: Posts Net Income of $62,436 in Fiscal Q3
------------------------------------------------------------
Innovative Designs, Inc. filed with the U.S. Securities and
Exchange Commission its Quarterly Report on Form 10-Q reporting a
net income of $62,436 for the three months ended July 31, 2025,
compared to a net loss of $59,083 for the three months ended July
31, 2024.
Total revenue for the three months ended July 31, 2025, was
$612,636, compared to a revenue of $278,279 for the same period in
2024.
For the nine months ended July 31, 2025, the Company reported a net
income of $302,853, compared to a net loss of $100,247 for the same
period in 2024.
Total revenue for the six months ended July 31, 2025, was $1.95
million, compared to a revenue of $644,497 for the same period in
2024.
As of July 31, 2025, the Company had $2.10 million in total assets,
$236,763 in total liabilities, and $1.87 million in total
stockholders' equity.
A full-text copy of the Company's Form 10-Q is available at:
https://tinyurl.com/yw2x86jk
About Innovative Designs
Headquartered in Pittsburgh, Pennsylvania, Innovative Designs,
Inc., operates in two separate business segments: a house wrap for
the building construction industry and cold weather clothing. Both
of the Company's segment lines use products made from Insultex,
which is a low-density polyethylene semi-crystalline, closed cell
foam in which the cells are totally evacuated, with buoyancy, scent
block, and thermal resistant properties. The Company also offers a
product that helps restore the waterproof character of the outer
side of its Arctic Armor clothing. In addition, the Company offers
cold weather headgear and base insulation clothing product.
Asesoria Global, S.A., the Company's auditor based in Guatemala
City, Guatemala, issued a 'going concern' qualification in its
report dated Feb. 19, 2025, attached in the Company's Form 10-K
Report for the year ended Oct. 31, 2024. The report cited that, due
to accumulated losses and the risks tied with the Company's heavy
reliance on two customers for sales, the Company is evaluating its
ability to continue as a going concern.
IRON HORSE: Taps Christopher Quinn of Quinn & Associates as CRO
---------------------------------------------------------------
Iron Horse Chemicals LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of Texas to hire Quinn & Associates
LLC as financial advisor and designate Christopher Quinn as chief
restructuring officer.
The CRO's services include:
a) providing advisory services to assist Debtor with
evaluation of restructuring alternatives, including asset and
enterprise sales; and
b) providing advisory services to support implementation of
decisions by the Debtor with regard to the selected restructuring
approach;
c) investigating and preparing the Debtor's go-forward
business and restructuring strategies;
d) directing and conferring with all retained estate
professionals, including Q&A as financial advisor and the Debtor's
legal counsel;
e) retaining additional estate professionals, as the CRO deems
advisable in furtherance of the Debtor's objectives in the Chapter
11 Case, subject to the requirements of the Bankruptcy Code and
Bankruptcy Rules;
f) preparing the statement of financial affairs, schedules,
first day motions and other regular motions and reports required by
the Court or which Debtor is otherwise obligated to prepare and
provide;
g) negotiating the terms of any debtor-in-possession financing
or agreement regarding the use of cash collateral on behalf of the
Debtor;
h) communicating with parties in interest or creditors of the
Debtor and meeting with representatives of such constituencies;
i) reviewing payments or transfers by or for the benefit of
the Debtor to ensure compliance with the Bankruptcy Code and
applicable orders of the Court;
j) formulating and prosecuting of any plan of reorganization
or liquidation for the Debtor or, if necessary, negotiating bidding
procedures and advising the Debtor on the terms of any proposed
sale of the Debtor's assets;
k) providing expert advice and testimony regarding financial
matters related to, including, among other things, the feasibility
of any proposed plan of reorganization;
l) taking any and all other actions that are necessary or
appropriate to manage and operate the Debtor pursuant to the
Engagement Agreement, the Bankruptcy Code, and applicable orders of
the Court.
The firm's services include:
a) assisting the Debtor and CRO in the preparation and review
of reports or filings as required by the Court or the U.S. Trustee,
including, but not limited to, schedules of assets and liabilities,
statement of financial affairs, and monthly operating reports;
b) reviewing the Debtor's financial information, including,
but not limited to, analyses of cash receipts and disbursements,
financial statement items and proposed transactions for which Court
approval is sought;
c) reviewing and analyzing the Debtor's proposed business
plans and the business and financial condition of the Debtor
generally;
d) assisting the Debtor and CRO in the preparation and review
of necessary budgets and reports regarding cash collateral and any
debtor-in-possession financing arrangements;
e) reviewing and consulting with the Debtor and CRO regarding
any maintenance proposals or capital expenditure opportunities
proposed by the Debtor;
f) reviewing and analyzing assumption and rejection issues
regarding executory contracts and leases;
g) assisting in evaluating reorganization strategy and
alternatives available,
including any asset sale transaction;
h) assisting the Debtor and CRO in the preparation and review
of enterprise, asset, and liquidation valuations;
i) assisting the Debtor and CRO in the preparation and review
of documents necessary for confirmation of any plan, proposed asset
sales, and proposed use of cash and/or financing;
j) assisting and advising the Debtor in negotiations and
meetings with creditors and other parties-in-interest;
k) assisting with the claims resolution procedures including,
but not limited to, analyses of creditors' claims by type and
entity;
l) providing expert witness testimony regarding confirmation
and/or transactional issues, avoidance actions or other matters;
and
m) other such functions as requested by the Debtor to assist
in the Chapter 11 Case.
Christopher Quinn, the primary consultant in this representation
and the president of Quinn & Associates, will be compensated on a
reduced hourly rate of $450.
The firm received an initial retainer from the Debtor on July 28,
2025 in the amount of $20,000 and a second retainer on August 11,
2025 in the amount of $7,515.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Mr. Quinn 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:
Christopher Quinn
Quinn & Associates, LLC
26414 Cottage Cypress Ln.
Cypress, TX 77433
About Iron Horse Chemicals LLC
Iron Horse Chemicals, LLC manufactures and supplies industrial and
specialty chemicals primarily for the oil and gas industry,
offering products such as corrosion inhibitors, scale inhibitors,
demulsifiers, surfactants, and enhanced oil recovery agents.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90304) on August 12,
2025. In the petition signed by Darryl Wiebe, chief executive
officer, the Debtor disclosed up to $10 million in both assets and
liabilities.
Judge Alfredo R. Perez oversees the case.
Christopher Adams, Esq., at OKIN ADAMS BARTLETT CURRY LLP,
represents the Debtor as legal counsel.
JM GROVE: Seeks to Hire Vogel & Associates as Accountant
--------------------------------------------------------
JM Grove, LLC filed an amended application seeking approval from
the U.S. Bankruptcy Court for the District of Kansas to employ
Vogel & Associates as accountant.
The firm will prepare its federal and state corporate income tax
returns, for preparation and compilation of financial and
accounting, bookkeeping, and consulting services as requested.
Vogel & Associates charges an hourly rate of $250.
Dale Vogel, president at Vogel & Associates, disclosed in a court
filing that the firm is a "disinterested person" as that term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Dale Vogel
Vogel & Associates, Inc.
PO Box 652
Clinton, MO 64735
About JM Grove, LLC
JM Grove, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Kan. Case No. 25-20111) on February 4,
2025, listing between $50,001 and $100,000 in assets and between
$100,001 and $500,000 in liabilities. Jordan Grove, a member of JM
Grove, signed the petition.
Judge Dale L. Somers oversees the case.
Colin Gotham, Esq., at Evans & Mullinix, P.A., represents the
Debtor as legal counsel.
JMC UNIT 1: Unsecured Creditors to Split $8K in Plan
----------------------------------------------------
JMC Unit 1, LLC filed with the U.S. Bankruptcy Court for the
Southern District of Florida a Plan of Reorganization dated
September 15, 2025.
The Debtor owns and operates a "WaveMax Coin Laundry" franchise
(the "Coin Laundry") in the Hialeah area.
The Plan Proponent's financial projections show that the Debtor
will have sufficient projected disposable income to make all
payments under the Plan. The final Plan payment is expected to be
paid on or before the expiration of 36 months from the Effective
Date and will be funded primarily from the Mortgage Refi.
This Plan proposes to pay Allowed Claims no less than the value of
JMC's projected Net Disposable Income for a period of no less than
36 months. The Plan provides for 4 Classes of creditor claims
(including priority, secured, and unsecured) and one Class of
Equity interests.
Class 3 consists of Allowed General Unsecured Claims. The
Reorganized Debtor will make pro rata distributions in the amount
of $2,000 every six months beginning om month 13 of the Plan
through the term of the Plan for a total payout to Class 3 in the
amount of $8,000. Class 3 is Impaired and entitled to vote.
Class 4 consists of interest of JMC Family Holdings, Inc. in JMC
Unit 1, LLC. On the Effective Date, the Equity Interests will be
retained in the same amounts and character as they were held prior
to the Petition Date. Class 4 is deemed to accept and not entitled
to vote.
The Plan proposes to pay Allowed Claims to be paid under the Plan
via a plan fund consisting of: (i) no less than its projected net
disposable income for a period of 36 months after payment of all
ordinary expenses (the "Projected Net Disposable Income") and (ii)
the proceeds of the Mortgage Refi. In this case, the Debtor does
not anticipate any Net Projected Disposable Income, such that the
Mortgage Refi is material to the Reorganized Debtor's ability to
fund the Plan and make a distribution to Class 3.
A full-text copy of the Plan of Reorganization dated September 15,
2025 is available at https://urlcurt.com/u?l=tvMr6m from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Jacqueline Calderin, Esq.
Agentis PLLC
45 Almeria Avenue
Coral Gables, FL 33134
Tel: (305) 722-2002
E-mail: jc@agentislaw.com
About JMC Unit 1 LLC
JMC Unit 1, LLC, doing business as WaveMAX Hialeah, operates a
full-service laundromat in Hialeah, Florida, providing self service
laundry, wash-dry-fold, dry cleaning, and scheduled pickup and
delivery services. The Company also offers commercial laundry
solutions to businesses including colleges, health clubs, medical
offices, country clubs, Airbnb rentals, and salons. Its operations
emphasize modern equipment, customer convenience, and rapid
turnaround.
JMC Unit 1 sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-19413) on August 14,
2025, listing up to $1 million in assets and up to $10 million in
liabilities. John Cooper, president and authorized representative
of JMC Unit 1, signed the petition.
Jacqueline Calderin, Esq., at Agentis PLLC, represents the Debtor
as legal counsel.
JMKA LLC: Court Extends Cash Collateral Access to Oct. 17
---------------------------------------------------------
JMKA, LLC received ninth interim approval from the U.S. Bankruptcy
Court for the Northern District of Illinois to use the cash
collateral of its secured lenders through October 17.
The ninth interim order, signed by Judge David Cleary, authorized
the use of cash collateral to pay the expenses set forth in the
Debtor's budget.
The lenders include the U.S. Small Business Administration,
BayFirst National Bank, Funding Circle, Transportation Alliance
Bank, Ameris Bank, Cashfloit LLC, and Funders App, LLC. These
lenders assert security interests in all assets of the Debtor,
including cash, bank deposits and accounts receivable, which
constitute their cash collateral.
The Debtor was ordered to provide the secured lenders with
protection in the form of replacement liens on its assets to the
same extent and with the same priority and validity as their
pre-bankruptcy liens.
The next hearing is set for October 15.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/dvw7y from PacerMonitor.com.
About JMKA LLC
JMKA, LLC is a boutique childcare center in downtown Elmhurst, Ill.
It operates as Elmhurst Premier Childcare.
JMKA filed Chapter 11 petition (Bankr. N.D. Ill. Case No.
25-00036) on January 3, 2025, with up to $50,000 in assets and up
to $10 million in liabilities.
Judge David D. Cleary oversees the case.
Ben L. Schneider, Esq., at The Law Offices of Schneider & Stone is
the Debtor's bankruptcy counsel.
Ameris Bank, as secured lender, is represented by:
Jillian S. Cole, Esq.
Taft Stettinius & Hollister, LLP
111 E. Wacker Drive, Suite 2600
Chicago, IL 60601
(312) 836-4019
jcole@taftlaw.com
Cashfloit LLC, as secured lender, is represented by:
Fred S. Kantrow, Esq.
The Kantrow Law Group, PLLC
732 Smithtown Bypass, Suite 101
Smithtown, NY 11787
(516)703-3672
fkantrow@thekantrowlawgroup.com
JMS CAPITAL: To Sell 300 E. Lombard Tower in Receivership
---------------------------------------------------------
Melody Simmons of Baltimore Business Journal reports that the
19-story office tower at 300 E. Lombard Street in downtown
Baltimore is headed for a receivership sale at just $6.5 million, a
fraction of the $38.3 million it sold for a decade ago. The
property slipped into receivership after falling behind on loan
obligations and suffering from persistently high vacancy rates,
according to the report.
Court filings show the sale will proceed through the U.S.
Bankruptcy Court, with the tower encumbered by a troubled CMBS loan
of nearly $23 million. The building’s sharply reduced valuation
highlights both its own financial struggles and the wider downturn
affecting urban office markets.
Market observers point to the Lombard Street sale as part of a
nationwide pattern of distressed transactions in the office sector.
With many downtown towers facing weak leasing demand and declining
fundamentals, properties once considered prime assets are now being
sold at deep discounts, the report states.
About JMS Capital Group
JMS operates a real estate division focused on acquiring, leasing,
and managing commercial properties across the United States.
KARBONX CORP: Reports FY2025 Net Loss of $7.05M on $3.16M Revenue
-----------------------------------------------------------------
Karbon-X Corp. filed with the U.S. Securities and Exchange
Commission its Annual Report on Form 10-K for the fiscal year ended
May 31, 2025, reporting net losses $7.05 million and $2.74 million
in fiscal 2025 and 2024, respectively.
Total revenue for the year ended May 31, 2025, was $3.16 million,
as compared with $412,057 for the year prior.
As of May 31, 2025, the Company had total assets of $6.78 million,
$8.15 million in total liabilities, and $1.37 million in total
shareholders' deficit.
Spokane, Wash.-based Fruci & Associates II, PLLC, the Company's
auditor since 2022, issued a "going concern" qualification in its
report dated September 15, 2025, attached to the Company's Annual
Report on Form 10-K for the fiscal year ended May 31, 2025, citing
that the Company has generated minimal revenues from its business
operations and has incurred operating losses since inception. These
factors, among others, raise substantial doubt about the Company's
ability to continue as a going concern.
The ability of the Company to continue as a going concern is
dependent on raising capital to fund its initial business plan and
ultimately to attain profitable operations. Accordingly, Company
intends to continue to fund its business by way of private
placements and advances from related parties as may be required.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/yhwfsndn
About Karbon-X
Calgary, Canada-based Karbon-X Corp. provides customized
transactional options, tailored insights, and scalable access to
the Verified Emissions Reduction markets.
KP HOME: Seeks to Hire Gary S. Poretsky as Bankruptcy Counsel
-------------------------------------------------------------
KP Home Flippers LLC seeks approval from the U.S. Bankruptcy Court
for the District of Maryland to hire The Law Offices of Gary S.
Poretsky, LLC as bankruptcy counsel.
The firm will provide these services:
(a) advise the Debtor of its rights, powers and duties;
(b) advise the Debtor regarding matters of bankruptcy law;
(c) represent the Debtor in proceedings and hearings in this
court;
(d) review the nature and validity of liens asserted against
the property of the Debtor and advise it of enforceability of such
liens;
(e) prepare on behalf of Debtor all necessary and appropriate
applications, motions, pleadings, drafter orders, notices, and
other documents, and review all financial and other reports to be
filed in the its chapter 11 case;
(f) advise the Debtor concerning, and prepare responses to,
legal papers that may be filed and served in the Debtor's Chapter
11 case; and
(g) perform all other legal services for and on behalf of the
Debtor that may be necessary or appropriate in the administration
of the its Chapter 11 case.
The firm's attorneys will be billed at $475 per hour plus
expenses.
Gary Poretsky, Esq., an attorney at the firm, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Gary S. Poretsky, Esq.
The Law Offices of Gary S. Poretsky, LLC
6 Church Lane
Pikesville, MD 21208
Telephone: (443) 738-5432
Email: gary@plgmd.com
About KP Home Flippers LLC
KP Home Flippers LLC filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. D. Md. Case No. 25-17650)
on August 21, 2025, listing up to $50,000 in both assets and
liabilities. The petition was signed by Kelvin Peterson, owner.
Gary S Poretsky, Esq. of The Law Offices of Gary S Poretsky, LLC
represents the Debtor as counsel.
KRONOS ACQUISITION: Moody's Cuts CFR to 'Caa1', Outlook Stable
--------------------------------------------------------------
Moody's Ratings has downgraded Kronos Acquisition Holdings Inc.'s
("Kronos") corporate family rating to Caa1 from B3 and its
probability of default rating to Caa1-PD from B3-PD. Moody's also
downgraded Kronos' senior secured first lien notes and backed
senior secured first lien term loan to B3 from B2 and downgraded
its senior unsecured notes to Caa3 from Caa2. The outlook is
changed to stable from negative.
"The downgrade reflects the 12 month delay and increased capital
investment to complete the relocation of its pool product facility
in Conyers, Georgia which will result in negative free cash flow,
leading to elevated financial leverage and tight liquidity until
mid-2027." said Moody's Ratings analyst Dion Bate.
RATINGS RATIONALE
The downgrade of the Caa1 CFR reflects the higher operating costs
that will extend until Q1 2027 (beyond Moody's initial expectation
of Q1 2026) and increased capital investment related to the
relocation of its Conyers facility in Georgia. Combined with
expectations of a higher asset-based lending (ABL) drawdowns,
debt/EBITDA is expected to remain around 9.5x in 2026 and only
start improving in 2027. Liquidity will be tight over the next 12
months, despite insurance proceeds, and will likely require
financing to cover increased capex of the new facility, which rose
from $50 million to an estimated $80 to $100 million. In addition,
cash flows over the next 18 months are further at risk to wet and
cooler weather conditions impacting demand, litigation costs and
regulatory penalties.
Governance is a key driver for this rating action reflecting the
delayed relocation of its Conyers facility resulting in elevated
financial leverage and weaker liquidity.
Kronos is constrained by: (1) the longer time to relocate its
Conyers facility leading to higher operating costs that will extend
until Q1 2027 (beyond Moody's initial expectations of Q1 2026) and
higher capital investment resulting in negative free cash flow,
higher debt burden and elevated financial leverage, (2) low
organic growth in mature markets and product categories, (3)
limited product diversity across two product categories, and (4)
Kronos' controlled ownership by affiliates of Centerbridge
Partners, L.P., which has a history of aggressive financial
policies that are more favorable to shareholders.
Kronos benefits from: (1) its moderate scale with revenue of $1.5
billion, (2) good brand recognition with a sizable share of the US
private label bleach market and good market positions in swimming
pool additives, and (3) relatively high normalized (excluding
Conyers facility impact) EBITDA margins of around 20%.
The stable outlook reflects Moody's expectations that Kronos will
be able to complete the relocation of the Conyers facility by Q1
2027, and ensure it is able to maintain sufficient liquidity to
fund its seasonal working capital needs and the higher capital
investment.
Kronos has weak liquidity over the next four quarters to September
2026 with sources approximating $144 million while the company has
uses of $129 million. Sources of liquidity include cash of around
$71 million at July 05, 2025 and the $72.5 million availability
($218 million borrowing base less $28 million letters of credit,
$95 million drawn and $22.5 million minimum to avoid the covenant
test) under its $325 million of asset-based lending (ABL) revolver
expiring November 2027. Moody's have not assumed additional debt to
help fund the higher capital investment, primarily related to its
new site. Uses reflect $9.25 million term loan amortization and
Moody's free cash flow consumption estimate of around $120 million
through September 2026. Kronos does not have to comply with any
financial covenants unless ABL availability falls below the greater
of $22.5 million or 10% of the borrowing base, which mandates
compliance with a minimum fixed charge coverage ratio of 1x. While
Moody's do not expect this covenant to be applicable in the next
four quarters, the covenant is in breach if tested. Kronos has
limited ability to generate liquidity from asset sales because its
assets are encumbered.
Kronos' debt structure has three classes of debt: (1) an unrated
$325 million asset backed lending (ABL) revolver, which benefits
from a first priority lien on accounts receivable and inventory and
a second priority lien on PP&E, (2) B3 rated $925 million senior
secured first lien term loan due 2031 and B3 rated $550 million
senior secured first lien notes, which rank below the revolver as
they have second priority liens on accounts receivable and
inventory and first priority liens on PP&E, and benefit from loss
absorption cushion provided by the senior unsecured notes, and (3)
Caa3 rated $450 million senior unsecured notes, which are
subordinated to the first lien facilities. All three classes of
debt are guaranteed by all material US operating subsidiaries.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if management successfully executes
on the relocation of its Conyers facility such that EBITDA margins
revert back to historical levels, adjusted Debt/EBITDA trends below
7x, and liquidity improves with positive free cash flow.
The ratings could be downgraded if the relocation of the Conyers
facility is delayed further or operating performance does not
improve such that adjusted Debt/EBITDA remains elevated, or
liquidity deteriorates due to sustained negative free cash flow or
inability to extend its ABL well ahead of its expiry.
The principal methodology used in these ratings was Consumer
Packaged Goods published in June 2022.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Kronos (doing business as KIK Consumer Products) is headquartered
in Concord, Ontario, Canada and operates in two separate businesses
segments — (1) Household — a manufacturer of US private label
bleach and cleaning products; and (2) Pool — a manufacturer of
pool and spa water treatment products. Kronos is owned by
affiliates of Centerbridge Partners, L.P., a private equity firm,
and minority investors.
KRT INC: Amends Caterpillar Financial Secured Claim Pay
-------------------------------------------------------
KRT, Inc. submitted a First Amended Disclosure Statement describing
First Amended Plan dated September 16, 2025.
General unsecured non-priority creditors are classified in Classes
7 and 8 and will receive a distribution of 100% of their allowed
claims. Class 7 (administrative convenience claims) will be paid
within 30 days of the Effective Date and Class 8 claims will be
paid in monthly installments over a period of five years) at the
federal judgment rate of interest.
Class 2 consists of the Secured claim of Caterpillar Financial
Services Corporation. This Class shall receive a monthly payment of
$28,541.91 (est.- may be adjusted to account for both post petition
fees and interest and credit for adequate protection payments).
Payments will begin within 30 days of the Effective Date and will
end after 60 months. The allowed secured amount total
$1,441,767.68.
The Amended Disclosure Statement does not alter the proposed
treatment for unsecured creditors and the equity holder:
* Class # 7 consists of Unsecured non-priority claims with a
face amount of less than $1,000.00. These total $1,330.26. This
Class shall be paid in full in cash within 30 days of the effective
date of the Plan. This Class is impaired.
* Class # 8 consists of General Unsecured Non-priority Claims.
These claims nominally total $603,287.26. KRT reserves the right to
dispute one or more of these unsecured nonpriority claims and the
monthly payment, calculated on the entire face value, is a maximum
estimate only. This Class shall receive a monthly payment of
$11,118.62 with 4.03% federal judgment rate for 60 months. This
Class will receive a distribution of 100% of their allowed claims.
This Class is impaired.
* Class #9 consists of Equity interest holders Kevin and
Laurie Ringdahl, holding 100% of the shares of KRT, Inc. as husband
and wife. Existing equity owners' shares will be canceled. New
shares in the reorganized entity will be issued to KRT
Construction, LLC for new value contributed.
Payments under the Plan will be made from revenue from operations
and from a capital contribution from KRT Construction, LLC in the
amount of $25,000.00.
A full-text copy of the First Amended Disclosure Statement dated
September 16, 2025 is available at https://urlcurt.com/u?l=rTLGYW
from PacerMonitor.com at no charge.
Counsel to the Debtor:
Clark Stith, Esq.
505 Broadway
Rock Springs, WY 82901
Tel: (307) 382-5565
Fax: (307) 382-5552
Email: clarkstith@wyolawyers.com
About KRT Inc.
KRT Inc. operates within the specialized freight trucking
industry.
KRT Inc. sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D. Wyo. Case No. 25-20036) on February 7, 2025. In its
petition, the Debtor reports total assets of $6,382,948 and total
liabilities of $7,272,774.
Honorable Bankruptcy Judge Cathleen D. Parker handles the case.
The Debtor is represented by Clark D. Stith, Esq. at CLARK D.
STITH.
KULANA HALE: Seeks Cash Collateral Access
-----------------------------------------
Kulana Hale, LLC asks the U.S. Bankruptcy Court for the Southern
District of New York for authority to use cash collateral.
The cash collateral in question belongs to two pre-petition secured
creditors: Bank of Hawaii, the first lienholder, and the Mahoney
Group, which holds a subordinate lien. The Debtor requests
authority to use the cash collateral in accordance with an attached
budget (covering September through November) to fund operating
expenses and continue managing its apartment building, and also
seeks to schedule a final hearing to approve continued use of the
cash collateral.
As proposed, the Debtor would provide adequate protection to both
secured creditors through replacement liens on all post-petition
assets (excluding Chapter 5 recoveries and subject to a carveout)
and by making monthly payments.
The replacement liens granted as adequate protection are subject to
a limited carveout for allowed professional fees, certain Chapter 5
recoveries, and trustee fees, with caps of $50,000 where
applicable.
Bank of Hawaii would receive monthly payments at the non-default
contract rate that was in effect pre-petition. The Mahoney Group
would receive monthly interest payments at 3.56% on $10 million
(due 2029), and 5% on a $1.5 million obligation that came due on
September 1.
The use of cash collateral would terminate upon the earliest of: 91
days from the petition date; entry of a final or further interim
order; or the occurrence of a termination event, including
dismissal or conversion of the case, appointment of a trustee or
examiner with expanded powers, invalidation of the interim order,
material default by Debtor, budget variances above 15% without
business justification, or the filing of a lien or claim
challenge.
If a termination event occurs and is not cured within 10 business
days of written notice, any secured creditor may seek court
approval on seven days' notice to lift the automatic stay and
pursue remedies, including foreclosure or setoff. The proposed
interim order expressly does not constitute an acknowledgment by
Debtor as to the validity or amount of the secured creditors'
claims or liens.
The Debtor filed for Chapter 11 protection on September 12 to avoid
a potential receivership that could negatively impact the tenants
and operations of its 176-unit affordable housing building, which
primarily serves low-income seniors, many of whom use Section 8
vouchers, receive SNAP benefits, or are formerly homeless veterans.
The property, originally developed in 1997 using Low Income Housing
Tax Credits, is managed by Hawaii Affordable Properties Inc. and
currently generates positive cash flow. The Debtor intends to
preserve the building's affordable housing purpose and does not
wish to convert it into market-rate condominiums, despite such a
conversion potentially raising its value from $40–45 million to
as much as $70 million.
Bank of Hawaii holds a first mortgage with a balance of
approximately $18.156 million, and all payments are current. The
Mahoney Group became a secured creditor through a $15 million
settlement agreement in 2022 related to a dispute among the
property's former partners. That settlement included a series of
payments and promissory notes, all of which were secured by a
second mortgage. Payments have been made timely through August
2025, but the Debtor lacks the liquidity to make a $1.5 million
payment due in September 2025. The Mahoney Group refused to consent
to subordinate financing, prompting the Chapter 11 filing to
prevent default-related action such as receivership.
The Debtor believes the property has $10–$15 million in equity,
providing more than sufficient value to protect the interests of
both secured creditors. It intends to continue making adequate
protection payments during the case and may explore a sale to a
developer familiar with LIHTC to maintain the building's
affordability.
The Debtor currently holds approximately $250,000 in cash and needs
access to cash collateral to cover payroll, insurance, utilities,
and other post-petition operating expenses.
Bank of Hawaii is represented by:
Johnathan C. Bolton, Esq.
Goodsill Anderson Quinn & Stifel LLP
999 Bishop Street, Suite 1600
First Hawaiian Tower
Honolulu, HI 96813
Telephone: (808) 547-5854
Facsimile: (808) 547-5650
jbolton@goodsill.com
About Kulana Hale LLC
Kulana Hale, LLC classified itself as a single-asset real estate
debtor, under the definition set forth in 11 U.S.C. Section
101(51B).
Kulana Hale sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D.N.Y. Case No. 25-11990) on September 12, 2025. In
its petition, the Debtor reported total assets of $45,256,000 and
total liabilities of $36,558,368.
Honorable Bankruptcy Judge Philip Bentley handles the case.
The Debtor is represented by Lewis W. Siegel, Esq.
LAFLEUR NURSERIES: Court Extends Cash Collateral Access to Nov. 4
-----------------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division, issued a third preliminary order authorizing Lafleur
Nurseries and Garden Center, LLC's use of cash collateral through
November 4.
The third preliminary order signed by Judge Lori Vaughan authorized
the Debtor to use cash collateral to pay the amounts expressly
authorized by the court, including payments to the U.S. trustee for
quarterly fees; the expenses set forth in the budget, plus an
amount not to exceed 10% for each line item; and additional amounts
subject to approval by BankUnited, N.A., a senior creditor.
The Debtor projects total operational expenses of $483,300 for the
period from September to November.
As adequate protection, BankUnited and other creditors with a lien
or security interest in the cash collateral will be granted a
perfected post-petition replacement lien on the cash collateral to
the same extent and with the same priority and validity as their
pre-bankruptcy liens.
In addition, the Debtor was ordered to keep its property insured in
accordance with its loan agreements with secured creditors.
The next hearing is scheduled for November 4.
About Lafleur Nurseries and Garden Center LLC
Lafleur Nurseries and Garden Center, LLC operates a retail garden
center in Sanford, Florida. It offers a wide selection of plants,
trees, and landscaping materials, and provides related services
such as landscape design, installation, and irrigation system
support.
Lafleur sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-03734) on June 17,
2025. In its petition, the Debtor reported total assets of $568,637
and total liabilities of $3,283,410.
Judge Lori V. Vaughan handles the case.
The Debtor is represented by Jeffrey S. Ainsworth, Esq., at
BransonLaw, PLLC.
LAFLEUR NURSERIES: Unsecureds Will Get $76,500 over 3 Years
-----------------------------------------------------------
Lafleur Nurseries and Garden Center, LLC filed with the U.S.
Bankruptcy Court for the Middle District of Florida a Plan of
Reorganization dated September 15, 2025.
The Debtor provides design, installation, and maintenance
landscaping services in the Central Florida area specializing in
residential, commercial and government projects.
Installation contracts vary in length but are typically for periods
of less than one year. The Debtor also is a wholesale and retail
garden center that sells landscape and lawn supplies and
ornamentals. In 2023, the Debtor had $8,515,822.00 in gross
revenues; in 2024, the Debtor had $6,875,131.00 in gross revenues;
and year-to-date in 2025, the Debtor has had $1,949,685.00 in gross
revenues.
The Debtor's projected disposable income is $76,087.00.
The Plan provides for: 7 classes of secured claims; 1 class of
unsecured claims; and 1 class of equity security (i.e., membership
interest) holders.
Class 8 consists of the Allowed Unsecured Claims against the
Debtor. This Class is Impaired.
* Consensual Plan Treatment: The liquidation value or amount
that unsecured creditors would receive in a hypothetical chapter 7
case is approximately $0.00. Accordingly, the Debtor proposes to
pay unsecured creditors a pro rata portion of $76,500.00. The
Reorganized Debtor shall pay said amount in equal quarterly
payments of $6,375.00 and shall be disbursed pro rata to the
holders of Allowed General Unsecured Claims. Payments shall
commence on the fifteenth day of the month, on the first month that
begins more than fourteen days after the Effective Date and shall
continue quarterly for eleven additional quarters. Pursuant to
Section 1191 of the Bankruptcy Code, the value to be distributed to
unsecured creditors is greater than the Debtor's projected
disposable income to be received in the 3-year period beginning on
the date that the first payment is due under the plan.
* Nonconsensual Plan Treatment: The liquidation value or
amount that unsecured creditors would receive in a hypothetical
chapter 7 case is approximately $0.00. Accordingly, Debtor proposes
to pay unsecured creditors a pro rata portion of its projected
Disposable Income, $76,087.00. If the Debtor remains in possession,
plan payments shall include the Subchapter V Trustee's
administrative fee which will be billed hourly at the Subchapter V
Trustee's then current allowable blended rate. Plan Payments shall
commence on the first month following the Effective Date, and shall
continue quarterly for eleven additional quarters. The quarterly
payment shall be $6,340.58.
The Plan contemplates that the Reorganized Debtor will continue to
operate the Debtor's business.
Except as explicitly set forth in this Plan, all cash in excess of
operating expenses generated from operation until the Effective
Date will be used for Plan Payments or Plan implementation, cash on
hand as of Confirmation shall be available for Administrative
Expenses.
A full-text copy of the Plan of Reorganization dated September 15,
2025 is available at https://urlcurt.com/u?l=LsmAI2 from
PacerMonitor.com at no charge.
The Debtor's Counsel:
Jeffrey S. Ainsworth, Esq.
BRANSONLAW, PLLC
1501 E. Concord Street
Orlando, FL 32803
Tel: 407-894-6834
E-mail: jeff@bransonlaw.com
About Lafleur Nurseries and Garden Center LLC
Lafleur Nurseries and Garden Center, LLC operates a retail garden
center in Sanford, Florida. It offers a wide selection of plants,
trees, and landscaping materials, and provides related services
such as landscape design, installation, and irrigation system
support.
Lafleur sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-03734) on June 17,
2025. In its petition, the Debtor reported total assets of $568,637
and total liabilities of $3,283,410.
Judge Lori V. Vaughan handles the case.
The Debtor is represented by Jeffrey S. Ainsworth, Esq., at
BransonLaw, PLLC.
LAREDO OIL: Reports FY2025 Net Loss of $3.18M on $9,423 Revenue
---------------------------------------------------------------
Laredo Oil, Inc. filed with the U.S. Securities and Exchange
Commission its Annual Report on Form 10-K for the fiscal year ended
May 31, 2025, reporting net losses of $3.18 million and $2.87
million in fiscal 2025 and 2024, respectively.
Total revenue for the year ended May 31, 2025, was $9,423, as
compared with $36,482 for the year prior.
As of May 31, 2025, the Company had total assets of $1.45 million,
$14.02 million in total liabilities, and $12.57 million in total
shareholders' deficit.
The Woodlands, Texas-based M&K CPAS, PLLC, the Company's auditor
since 2024, issued a "going concern" qualification in its report
dated September 15, 2025, attached to the Company's Annual Report
on Form 10-K for the fiscal year ended May 31, 2025, citing that
the Company has yet to achieve profitable operations, has negative
cash flows from operating activities, and is dependent upon future
issuances of equity or other financing to fund ongoing operations,
all of which raises substantial doubt about its ability to continue
as a going concern.
The Company's management has undertaken steps as part of a plan to
improve operations with the goal of sustaining operations for the
next twelve months and beyond. These steps include an ongoing
effort to:
(a) controlling overhead and expenses;
(b) raising funds connected with specific well development;
and
(c) raising funds through notes payable and convertible debt
to expand and fund property acquisitions exploration and
development as well as maintaining operations.
The Company has worked to attract and retain key personnel with
significant experience in the industry.
At the same time, to control costs, the Company has required
several of its personnel to multi-task and cover a wider range of
responsibilities to manage the Company's headcount.
There can be no assurance that the Company can successfully
accomplish these steps and it is uncertain that the Company will
achieve a profitable level of operations and obtain additional
financing. There can be no assurance that any additional financing
will be available to the Company on satisfactory terms and
conditions, if at all.
A full-text copy of the Company's Form 10-K is available at:
https://tinyurl.com/32s6zt6v
About Laredo Oil Inc.
Austin, Texas-based Laredo Oil, Inc. is an oil exploration and
production company that focuses on acquiring and exploring mineral
properties to identify and develop oil reserves. Since 2009, it
has specialized in acquiring mature oil fields and recovering
stranded oil reserves through enhanced oil recovery techniques.
From 2011 to 2020, the company provided management services to
Stranded Oil Resources Corporation, overseeing the acquisition and
operation of mature oil fields in exchange for management fees and
reimbursements.
LAZYDAYS HOLDINGS: To Sell Assets to Campers Inn in $30M Deal
-------------------------------------------------------------
Lazydays Holdings, Inc. announced Sept. 16, 2025, that it has
signed a letter of intent with Campers Inn Holding Corp., a
family-owned RV dealership group, for the potential sale of
substantially all of Lazydays' assets to Campers Inn RV or its
affiliate.
The transaction consideration consists of $30 million for
furniture, fixtures, equipment, parts, goodwill, and other personal
property excluding RV inventory, a price for RV inventory
determined according to the LOI's pricing methods, and a price for
owned real estate based on a percentage of its appraised value as
outlined in the LOI.
Ron Fleming, CEO of Lazydays, said:
"Throughout our 49-year history, Lazydays has played a leading role
in the RV industry, recognized for giving our customers a great
sales and service experience, and being pivotal to their RV
adventures. It has been a transformative few years as an industry,
and within Lazydays, while navigating a rapidly evolving industry
and an increasingly complex retail landscape. Lazydays was built
on the core values of Customer First, Teamwork, Professionalism,
Accountability, Family, and Fun, and we have no doubt Campers Inn
RV will continue to uphold these values for many years to come with
our customers, our employees, and our OEM partners."
After the closing, Campers Inn RV plans to continue the operation
of Lazydays' dealerships in Tucson, AZ; Johnstown, CO; Seffner, FL;
Knoxville, TN; and St. George, UT. Campers Inn RV is assessing
whether to continue to operate Lazydays' other dealerships after
the closing of the transaction. The LOI states that the
transaction may close in a series of site-by-site closings if
mutually agreed by the parties, and that Campers Inn RV's target
final closing date is before Thanksgiving and no later than Dec. 1,
2025. The transaction would expand Campers Inn RV's nationwide
presence to 48 dealership locations across 22 states.
If consummated, the acquisition would provide Campers Inn RV with
its first entry into Tennessee, Colorado, and Utah. After the
closing of the transaction, Lazydays' Tampa-area dealership in
Seffner, FL is expected to operate under the name "Lazydays by
Campers Inn RV." In addition, Campers Inn RV plans to grow the
Tampa facility through numerous customer rallies, enhanced service,
and a unique experience. Lazydays and Campers Inn RV customers
alike will benefit from a larger coast-to-coast service network, a
broader selection of new and pre-owned RVs, and the support of a
dealership group that has been family-owned and operated since
1966.
Jeff Hirsch, CEO of Campers Inn RV, said:
"The potential acquisition of Lazydays is more than a business
decision; it's a reflection of our shared values and a continuation
of the traditions that have guided Campers Inn RV since our
founding nearly 60 years ago. Both companies have always believed
in treating customers and employees with dignity, respect, and
care. Together, we are creating a future that would not only expand
our national presence but strengthen the culture of service and
integrity that defines who we are.
"By uniting two legacies under one family of dealerships, Campers
Inn RV aims to position itself for long-term success while
remaining true to its roots. Customers will be able to expect the
same dedication, care, and support they have always known, while
employees will find new opportunities to grow in a company that
values people first. This acquisition would ensure that the
Campers Inn RV and Lazydays traditions will not only endure but
thrive for generations to come."
Ben Hirsch, COO of Campers Inn RV, added:
"The Lazydays story is truly a great one in our industry, and one
that we are excited for the chance to continue for decades to come.
The Tampa location, located on 129 acres, is the largest
single-point RV dealership in the world and has a unique offering
for customers -- offerings that we are excited to enhance for
customers' benefit. In addition, adding the locations in
Tennessee, Colorado, Arizona, and Utah would enhance our national
footprint and allow us to continue to be the largest
family-operated RV dealership group. We are in the process of
assessing Lazydays' other locations and will make further
determinations as we progress through the process."
About Lazydays Holdings
Lazydays Holdings, Inc., headquartered in Tampa, Florida, operates
recreational vehicle (RV) dealerships across the U.S., offering new
and pre-owned RVs, parts, accessories, and related financing and
extended service contracts. The Company, which became publicly
traded in March 2018 through a business combination with Andina
Acquisition Corp. II, manages 22 dealership locations with over 400
service bays and approximately 1,100 employees. Lazydays
represents more than 30 OEMs and maintains one of the largest RV
inventories in the U.S., including a 126-acre site near Tampa,
Florida.
In its audit report dated March 31, 2025, RSM US LLP included a
"going concern" qualification stating that the Company has suffered
recurring losses from operations and its current liabilities exceed
its current assets. The Company no longer has borrowing capacity
on its existing credit agreement and ability to meet future
obligations is dependent on generating positive cash flows from
operations and securing outside capital. This raises substantial
doubt about the Company's ability to continue as a going concern.
The Company incurred a net loss of $34.1 million during the six
months ended June 30, 2025 and had an accumulated deficit of $148.9
million. As of June 30, 2025, the Company had cash and cash
equivalents of $24.7 million, debt obligations of $43.5 million
relating to mortgages, term loans and the Revolving Credit
Facility, floor plan notes payable of $185.5 million and operating
and finance lease obligations of $97.8 million. As of June 30,
2025, the Company had $429.06 million in total assets, $373.12
million in total liabilities, and $55.95 million in total
stockholders' equity.
While the Company expects to generate enough cash inflows or obtain
external financing, there is no guarantee its plans will succeed,
and many factors affecting its ability to continue as a going
concern are beyond its control, including the willingness of third
parties to provide funding. Consequently, the Company cautioned
that it may not be able to operate as a going concern over the next
year.
LEFEVER MATTSON: Claims Filing Deadline Set for Oct. 3, 2025
------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of California
set Oct. 3, 2025, at 11:59 p.m. (Pacific Time) as the last date and
time for persons or entities to file proofs of claim against
LeFever Mattson and KS Mattson Partners LP.
The Court also set Dec. 8, 2025, at 11:59 p.m. (Pacific Time) as
the deadline for all governmental units to file their claim against
the Debtors.
Persons or entities must complete and sign the enclosed Proof of
Claim Form, attach any supporting documents, and make sure the
Claims Agent actually receives it by Oct. 3, 2025. Submit all
proofs of claim to:
1) Online: Upload your form through Verita's Website at:
https://veritaglobal.net, or
2) By mail, courier or hand delivery:
KS Mattson Partners, LP Claims Processing Center
c/o KCC dba Verita
222 N. Pacific Coast Highway
Suite 300
El Segundo, CA 90245
In the meantime, if you need help understanding the Proof of Claim,
or the submission process, please contact the Debtors' counsel on
KSMP@hoganlovells.com.
About LeFever Mattson
LeFever Mattson, a California corporation, manages a large real
estate portfolio. Timothy LeFever and Kenneth W. Mattson each owns
50% of the equity in the company. Based in Citrus Heights, Calif.,
LeFever Mattson manages a portfolio of more than 200 properties,
comprised of commercial, residential, office, and mixed-use real
estate, as well as vacant land, located throughout Northern
California, primarily in Sonoma, Sacramento, and Solano Counties.
It generates income from the properties through rents and use the
proceeds to fund its operations.
LeFever Mattson and its affiliates filed voluntary Chapter 11
petitions (Bankr. N.D. Cal. Lead Case No. 24-10545) on Sept. 12,
2024. At the time of the filing, LeFever Mattson listed $100
million to $500 million in assets and $10 million to $50 million in
liabilities.
Judge Charles Novack oversees the cases.
Keller Benvenutti Kim LLP, led by Thomas B. Rupp, is the Debtors'
counsel. Kurtzman Carson Consultants, LLC, is the Debtors' claims
and noticing agent.
The U.S. Trustee for Region 17 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases of LeFever
Mattson a California corporation, and its affiliates.
The Committee retained Pachulski Stang Ziehl & Jones LLP as its
counsel, and Law Office of Donald S. Davidson, P.C. as special
investigations counsel.
LEFEVER MATTSON: Seeks to Hire CBRE Inc. as Real Estate Broker
--------------------------------------------------------------
Lefever Mattson filed an amended application seeking approval from
the U.S. Bankruptcy Court for the Northern District of California
expanding the scope of CBRE Inc.'s employment as real estate
broker.
The firm will market and sell these real properties of the Debtor:
a. Cornerstone Sonoma, Barn at Harrow Cellars Heacock Park
Apartments, LP located at 23570 Arnold Dr 72, 100, 150 Wagner Road,
Sonoma CA;
b. Seven Branches Venue and Inn located at Firetree II, 450
West Spain, Sonoma CA;
c. Cottage Inn Sienna Pointe, LLC located at 302 304 310 1st
Street East, Sonoma CA;
d. An Inn to Remember Sienna Pointe, LLC located at 171 W.
Spain Street, Sonoma CA;
e. The Post (Fly Fishing Venue) Windscape Apartments, LLC
located at 24120 Arnold Dr, Sonoma CA;
f. Generals Daughter Windscape Apartments, LLC located at 400
West Spain, Sonoma CA;
g. Sonoma Chalet B&B Windscape Apartments, located at 5th St
W, Sonoma CA;
h. 241 1st Street West / The Depot Sienna Pointe, LLC 1st
Street West, Sonoma CA; and
i. Generals Daughter - Barn and Lot located at Sienna Pointe,
LLC 430 W. Spain Street, Sonoma CA.
The firm will be paid at these rates:
a. Two point 2.50 percent of the gross sales price.
b. If there is a Cooperating Broker, 4 percent of the gross
sales price, which would be divided 50/50 between CBRE and the
Cooperating Broker.
The term of the Agreement is extended until Dec. 31, 2025.
Henry E. Bose, Jr., a partner at CBRE, Inc., disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
Henry E. Bose, Jr.,
CBRE, Inc.
415 Mission Street, 46th Floor
San Francisco, CA 94105
Tel: (415) 772-0123
About Lefever Mattson
LeFever Mattson, a California corporation, manages a large real
estate portfolio. Timothy LeFever and Kenneth W. Mattson each owns
50% of the equity in the company. Based in Citrus Heights, Calif.,
LeFever Mattson manages a portfolio of more than 200 properties,
comprised of commercial, residential, office, and mixed-use real
estate, as well as vacant land, located throughout Northern
California, primarily in Sonoma, Sacramento, and Solano Counties.
It generates income from the properties through rents and use the
proceeds to fund its operations.
LeFever Mattson and its affiliates filed voluntary Chapter 11
petitions (Bankr. N.D. Calif. Lead Case No. 24-10545) on September
12, 2024. At the time of the filing, LeFever Mattson listed $100
million to $500 million in assets and $10 million to $50 million in
liabilities.
Judge Charles Novack oversees the cases.
Thomas B. Rupp, Esq., at Keller Benvenutti Kim LLP represents the
Debtors as counsel. Kurtzman Carson Consultants, LLC is the
Debtors' claims and noticing agent.
The U.S. Trustee for Region 17 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
LINQTO INC: Brown Rudnick Reaches Settlement in Chapter 11
----------------------------------------------------------
Brown Rudnick, representing the Official Committee of Unsecured
Creditors, has brokered a sweeping settlement in the Chapter 11
bankruptcy of Linqto, a platform that allows investors to buy into
private companies and pre-IPO startups. Announced on September 16,
2025, the deal resolves disputes tied to debtor-in-possession
financing and Ripple-related proceeds and involves both creditors
and a group of 3,600 customers.
The agreement creates a mechanism for customers to reclaim rights
to their securities rather than being grouped with unsecured
creditors, according to the report. Participants will be able to
select between two recovery options: a liquidating trust or a
listed closed-end fund, depending on their investment goals and
liquidity needs. Brown Rudnick partner Kenneth Aulet emphasized in
court that customers "deserve to get their securities back" and to
retain control over their financial outcomes.
Linqto sought Chapter 11 protection in the Southern District of
Texas on July 7, 2025, after new leadership uncovered compliance
failures, including mishandled customer assets and potential
regulatory breaches. The settlement offers a clearer path forward
for both customers and creditors as the restructuring progresses.
About Linqto Inc.
Linqto Inc. is a San Jose-based financial technology company
operating in the alternative investment space.
Linqto Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Case No. 25-90187) on July 7, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $500 million and $1 billion.
The Debtor is represented by Gabrielle A. Hamm, Esq. at Schwartz,
PLLC. Breakpoint Partners LLC is the Debtor's restructuring
advisor. Epiq Corporate Restructuring, LLC is the Debtor's claims
agent. ThroughCo Communications, LLC is the Debtor's public
relations agent.
M + D PROPERTIES: Case Summary & 15 Unsecured Creditors
-------------------------------------------------------
Debtor: M + D Properties
6940 Beach Blvd.
#D-501
Buena Park CA 90621
Business Description: M+D Properties, a privately owned real
estate development company based in Southern
California, develops and operates large-
scale retail, mixed-use, office, hotel, and
residential projects, with a focus on urban
renewal and income-producing assets. The
firm has developed approximately 1.4 million
square feet of property, with around 1
million square feet currently under
development, and owns affiliated companies
including Greenland Property Management, MD
Properties, Greenland Construction Service,
LLC, and Innoatti Technologies. Notable
projects include Plaza Mexico in Lynwood and
One West Green in Pasadena, and its
developments have received recognition from
organizations such as the Urban Land
Institute and the State of California.
Chapter 11 Petition Date: September 23, 2025
Court: United States Bankruptcy Court
Eastern District of North Carolina
Case No.: 25-03693
Judge: Hon. David M Warren
Debtor's Counsel: Roye Zur, Esq.
ELKINS KALT WEINTRAUB REUBEN GARTSIDE LLP
10345 W. Olympic Blvd.
Los Angeles CA 90064
Tel: 310-746-4495
E-mail: rzur@elkinskalt.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Howard B. Grobstein as chief
restructuring officer.
A full-text copy of the petition, which includes a list of the
Debtor's 15 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/Z2B36UY/M__D_Properties__cacbke-25-12674__0001.0.pdf?mcid=tGE4TAMA
MAF GROUP: Seeks to Hire Homel Mercado Justiniano as Legal Counsel
------------------------------------------------------------------
MAF Group LLC seeks approval from the U.S. Bankruptcy Court for the
District of Puerto Rico to hire Homel Mercado Justiniano as its
counsel.
The firm will render these services:
a. examine documents and other necessary information to submit
schedules and statement of financial affairs;
b. prepare the disclosure statement, plan of reorganization,
records and reports as required by the Bankruptcy Code and the
Federal Rules of Bankruptcy Procedures;
c. prepare applications and proposed orders;
d. identify and prosecute claims and causes of action
assertable by the Debtor;
e. examine proof of claims filed and to be filed in the case;
f. advise the Debtor and prepare documents in connection with
the ongoing of Debtor's business;
g. advise the Debtor and prepare documents in connection with
the liquidation of the assets of the estate; and
h. provide other legal services.
The firm will be paid at these hourly rates:
Attorneys $250
Associates $125
Paralegal $50
Homel Mercado Justiniano received a retainer in the amount of
$7,000, plus $1,738 filing fee.
As disclosed in court filings, Homel Mercado Justiniano is a
"disinterested person" within the meaning of Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Homel A. Mercado-Justiniano, Esq.
Homel Mercado Justiniano
Calle Ramirez Silva #8
Ensanche Martinez
Mayaguez, PR 00680-4714
Tel: (787) (831) 2577
(787) (808) 2945
Email: hmjlaw2@gmail.com
About MAF Group LLC
MAF Group LLC filed its voluntary petition for relief under Chapter
11 of the Bankruptcy Code (Bankr. D.P.R. Case No. 25-04147) on
September 16, 2025, listing up to $50,000 in assets and $100,001 to
$500,000 in liabilities.
Homel A. Mercado-Justiniano, Esq. represents the Debtor.
MEAT U ANYWHERE: Frances Smith Named Subchapter V Trustee
---------------------------------------------------------
The U.S. Trustee for Region 6 appointed Frances Smith, Esq., at
Ross, Smith & Binford, PC, as Subchapter V trustee for Meat U
Anywhere Grapevine, LLC and affiliates.
Ms. Smith will be paid an hourly fee of $475 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Smith declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Frances A. Smith, Esq.
Ross, Smith & Binford, PC
700 N. Pearl Street, Ste. 1610
Dallas, TX 75201
Phone: 214-593-4976
Fax: 214-377-9409
Email: frances.smith@rsbfirm.com
About Meat U Anywhere Grapevine
Meat U Anywhere Grapevine, LLC; Meat U Anywhere Trophy Club, LLC;
Meat U Anywhere Management, LLC; and MUA GV Properties, LLC are
part of the Meat U Anywhere business, founded by Andres Sedino, and
operate under a unified brand focused on barbecue and catering
services. The Grapevine and Trophy Club LLC run the two restaurant
locations in Texas, serving slow-smoked meats, exclusive sides,
special offerings, and breakfast tacos, while Meat U Anywhere
Management, LLC oversees operational and administrative functions
and MUA GV Properties, LLC manages properties.
The Debtors sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Texas Lead Case No. 25-43503) on
September 15, 2025, with $1,875,756 in combined total assets as of
June 30, 2025, and $2,551,985 in combined total liabilities as of
June 30, 2025. Andres Sedino, manager, signed the petitions.
Judge Edward L. Morris presides over the case.
Bryan C. Assink, Esq., at Bonds Ellis Eppich Schafer Jones, LLP
represents the Debtors as legal counsel.
MEAT U ANYWHERE: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------
Meat U Anywhere Grapevine, LLC got the green light from the U.S.
Bankruptcy Court for the Northern District of Texas, Fort Worth
Division, to use cash collateral to fund operations.
At the hearing held on September 19, the court authorized the
Debtor's interim use of cash collateral and set a final hearing on
October 9.
The Debtor, which operates a BBQ restaurant in Grapevine, Texas,
initiated bankruptcy proceedings on September 15 due to liquidity
issues and increased creditor pressure, particularly following the
underperformance and closure of its second location in Trophy Club,
Texas.
The Debtor's primary secured creditor is the U.S. Small Business
Administration, which holds a first-priority lien on nearly all of
its personal property including accounts receivable, equipment, and
inventory, based on a loan issued in May 2022. The SBA is owed
approximately $140,000. Other creditors may also hold junior liens
but their claims are likely undersecured or unsecured due to the
SBA's superior position.
As of the bankruptcy filing date, the Debtor's assets included
approximately $8,000 in cash, $350,000 in vehicles, $160,000 in
equipment (book value), and various other current and intangible
assets.
As adequate protection, the Debtor offers to grant the SBA and
other secured creditors replacement liens on post-petition assets
generated from the original collateral. These liens would retain
the same priority and extent as those held before the bankruptcy
and are subject to a carve-out for professional fees and trustee
compensation.
About Meat U Anywhere Grapevine
Meat U Anywhere Grapevine, LLC; Meat U Anywhere Trophy Club, LLC;
Meat U Anywhere Management, LLC; and MUA GV Properties, LLC are
part of the Meat U Anywhere business, founded by Andres Sedino, and
operate under a unified brand focused on barbecue and catering
services. The Grapevine and Trophy Club LLC run the two restaurant
locations in Texas, serving slow-smoked meats, exclusive sides,
special offerings, and breakfast tacos, while Meat U Anywhere
Management, LLC oversees operational and administrative functions
and MUA GV Properties, LLC manages properties.
The Debtors sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Texas Lead Case No. 25-43503) on
September 15, 2025, with $1,875,756 in combined total assets as of
June 30, 2025, and $2,551,985 in combined total liabilities as of
June 30, 2025. Andres Sedino, manager, signed the petitions.
Judge Edward L. Morris presides over the case.
Bryan C. Assink, Esq., at Bonds Ellis Eppich Schafer Jones, LLP
represents the Debtors as legal counsel.
MERCURITY FINTECH: Approves Name Change to Chaince Digital
----------------------------------------------------------
At the Annual Meeting of Shareholders of Mercurity Fintech Holding
Inc., shareholders voted on four proposals. Shareholders of
38,032,878 ordinary shares of the Company were present in person or
by proxy at the Annual Meeting, representing approximately 55.06%
of the total 69,077,039 outstanding ordinary shares and therefore
the Company has met the quorum requirement for its Annual Meeting,
which is more than one-third of the shares outstanding and entitled
to vote at the Annual Meeting as of the record date of August 15,
2025.
1. The Company's shareholders elected the following six (6)
directors to the board of directors of the Company:
a. Dr. Alan Curtis
b. Mr. Peter Nobel,
c. Mr. Hui Cheng
d. Mr. Shi Qiu,
e. Mr. Wilfred Daye and
f. Ms. Qian Sun
They are to hold office until the next annual shareholders general
meeting and shall be eligible for re-election thereat or until
their successors are duly elected, appointed and qualified in
accordance with the Company's memorandum and articles of
association.
2. The Company's shareholders approved the ratification of the
appointment of Onestop Assurance PAC as the Company's independent
registered public accountants for the current fiscal year ending
December 31, 2025.
3. The Company's shareholders approved by way of a special
resolution changing the name of the Company from Mercurity Fintech
Holding Inc. to Chaince Digital Holdings Inc.
4. The Company's shareholders approved the MFH 2025 Equity
Incentive Plan.
About Mercurity Fintech Holding
Mercurity Fintech Holding Inc. is a digital fintech company with
subsidiaries engaged in distributed computing and financial
brokerage. Beyond its core fintech operations, the Company
contributes to the advancement of AI hardware technology by
delivering secure and innovative solutions in intelligent
manufacturing and advanced liquid cooling systems. Its focus on
compliance, innovation, and operational efficiency supports its
position as a trusted player in both the evolving digital finance
space and the AI technology sector. For more information, please
visit the Company's website at https://mercurityfintech.com.
In an audit report dated April 30, 2025, the Company's auditor,
Onestop Assurance PAC, issued a "going concern" qualification,
citing that at Dec. 31, 2024, the Company has incurred recurring
net losses of $4.5 million and negative cash flows from operating
activities of $3.6 million and has an accumulated deficit of $680
million, which raise substantial doubt about its ability to
continue as a going concern.
As of Dec. 31, 2024, Mercurity Fintech Holding had $35.69 million
in total assets, $11.60 million in total liabilities, and $24.09
million in total shareholders' equity.
MERIT STREET: Claims to be Paid from Litigation & Sale Proceeds
---------------------------------------------------------------
Merit Street Media, Inc., filed with the U.S. Bankruptcy Court for
the Northern District of Texas a Disclosure Statement for the
Chapter 11 Plan dated September 15, 2025.
As of January 10, 2023, Merit Street and TBN, a Christian media
outlet, entered into an agreement, pursuant to that certain Binding
Letter of Intent (the "Joint Venture Agreement") through which Dr.
Phil McGraw's production company, Peteski Productions, Inc., and
TBN would launch a new television network in 2024.
Among other things, the Joint Venture Agreement obligated TBN to
provide Merit Street— at no cost—with all of the distribution
and production services necessary to launch and operate the new
television network, which included (a) studio production staff
members, (b) production facilities and all other infrastructure
needed to deliver the network, (c) a license to all of TBN's
content, and (d) most importantly, a distribution network of local
broadcast TV stations, national networks, cable, satellite, and
FAST distribution footprint.
Merit Street's operational challenges, along with its ongoing
litigation disputes with TBN and PBR, required it to engage
advisors to explore strategic alternatives, negotiate DIP
Financing, and ultimately, to file this Chapter 11 Case, all in an
effort to maximize the value of its assets for the benefit of its
creditors and all parties in interest. Additionally, the Debtor is
seeking to use the forum of Bankruptcy Court to resolve its pending
litigation through one central forum and to avoid a proverbial
"race to the courthouse" given the myriad asserted liabilities
asserted against the Debtor.
The Plan provides for (i) the consummation of the Media Sale
pursuant to the Bid Procedures Order and (ii) a toggle between (A)
consummation of the Litigation Sale or (B) if the Debtor decides in
its business judgment (after consultation with the Creditors'
Committee) that consummating the Litigation Sale is not in the best
interest of creditors and the estate, a contribution of the
Litigation Trust Causes of Action to the Litigation Trust.
Following the Petition Date, on July 5, 2025, the Debtor filed the
Debtor's Motion for Entry of an Order (I) (A) Approving Bidding
Procedures and the Form and Manner of Notice Thereof, (B)
Authorizing the Selection of a Stalking Horse Bidder, (C)
Establishing Bid Deadlines and Scheduling Auction and Sale Hearing,
and (D) Establishing Certain Assumption and Assignment Procedures
and Approving the Manner of Notice Thereof; (II) (A) Authorizing
the Sale of the Assets Free and Clear of All Encumbrances, and (B)
Approving the Assumption and Assignment of the Assumed Contracts;
and (III) Granting Related Relief (the "Bidding Procedures
Motion").
Pursuant to the Bidding Procedures Motion, the Debtor sought
approval of an auction and sale process in regard to the Debtor's
Assets, including key deadlines and bid protections.
On September 14, 2025, the Debtor filed the Notice of Further
Revised Proposed Order with Respect to the Bidding Procedures
Motion, which provided that the Debtor would pursue the sale of the
Debtor's Assets.
Class 7 consists of General Unsecured Claims, including Lender
Deficiency Claims. The allowed unsecured claims total $91,746,689.
On the Effective Date, except to the extent that a Holder of an
Allowed General Unsecured Claim agrees to less favorable treatment,
in full and final satisfaction, settlement, release, and discharge
of, and in exchange for such General Unsecured Claim, each such
Holder shall receive such Holder's Pro Rata share of:
* In the event the Debtor consummates the Litigation Sale
Transaction: (i) the GUC Recovery Pool; and (ii) Available Cash, if
any.
* In the event the Debtor consummates the Litigation Trust
Transaction: (i) the GUC Recovery Pool; (ii) Available Cash, if
any; and (iii) Litigation Trust Interests.
By agreement with the Debtor, Holders of Lender Deficiency Claims
will receive no recovery on account of such Claims, whether from
the GUC Recovery Pool, Available Cash, or Litigation Trust
Interests.
Except as otherwise provided in the Plan or the Confirmation Order,
and subject to the provisions of the Plan concerning the
Professional Claim Reserve Account and the Wind-Down Budget, the
Debtor or Litigation Trustee, as applicable, shall fund Plan
Distributions with (i) Available Cash; (ii) the GUC Recovery Pool;
and (iii) if the Debtor pursues the Litigation Trust Transaction,
the Litigation Trust Proceeds.
Class 8 consists of Convenience Claims. Except to the extent that a
Holder of an Allowed Convenience Claim agrees to less favorable
treatment, in full and final satisfaction, settlement, release, and
discharge of, and in exchange for such Allowed Convenience Claim,
each such Holder shall receive on the later of (i) the Effective
Date, or as soon as practicably thereafter, and (ii) the date that
is ten business days after such Convenience Claim becomes an
Allowed Claim, in full and final satisfaction of such Claim,
receive payment in Cash equal to the lesser of (x) their Pro Rata
share of $750,000 on account of the Allowed Convenience Claim and
(y) 50% of the Allowed amount of such Convenience Claim, in each
case from the GUC Recovery Pool, on account of the Holder's Allowed
Convenience Claim.
Class 10 consists of Existing Equity Interests. On the Effective
Date, each Holder of each Existing Equity Interest in the Debtor
shall have such Interest cancelled, released, and extinguished and
without any distribution or compensation. Class 10 is Impaired
under the Plan.
The Debtor engaged in a marketing and sale process for the sale of
the Media Assets pursuant to the Bid Procedures Order. Consistent
with the Bid Procedures Order, the Debtor shall seek approval at
the Confirmation Hearing of the Media Sale to the highest or
otherwise best bidder (as determined pursuant to the terms of the
Bid Procedures Order) (the "Media Sale Transaction"). The
Confirmation Order shall include as Schedule 1 thereto findings of
fact and conclusions of law that will be incorporated to the
Confirmation Order by reference in their entirety and shall approve
and govern the Media Sale.
A full-text copy of the Disclosure Statement dated September 15,
2025 is available at https://urlcurt.com/u?l=wv9qU2 from Epiq
Corporate Restructuring, LLC, claims agent.
Counsel to the Debtor:
SIDLEY AUSTIN LLP
Thomas R. Califano, Esq.
Jeri Leigh Miller, Esq.
2021 McKinney Avenue, Suite 2000
Dallas, Texas 75201
Telephone: (214) 981-3300
Facsimile: (214) 981-3400
Email: tom.califano@sidley.com
jeri.miller@sidley.com
SIDLEY AUSTIN LLP
Stephen E. Hessler, Esq.
Patrick Venter, Esq.
787 Seventh Avenue
New York, New York 10019
Telephone: (212) 839-5300
Facsimile: (212) 839-5599
Email: shessler@sidley.com
pventer@sidley.com
About Merit Street Media
Merit Street Media is a television and media content production and
distribution company based in Fort Worth, Texas. It appears to
focus on creating, producing, and distributing television content,
maintaining business relationships with major cable providers
including DIRECTV and DISH Network, as well as numerous television
stations and production companies.
Merit Street Media sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-80156) on July 2,
2025, before the Hon. Scott W. Everett. In its petition, the Debtor
reports estimated assets and liabilities between $100 million and
$500 million.
The Debtor is represented by Sidley Austin LLP as bankruptcy
counsel. Epiq Corporate Restructuring, LLC serves as Claims,
Noticing, and Solicitation Agent, effective as of the Petition
Date.
MERIT STREET: Three-Party Resolution Reached in Bankruptcy Case
---------------------------------------------------------------
WestLaw Today reports that Fort Worth–based Merit Street Media
Inc. has secured a three-party settlement in its Chapter 11
bankruptcy case, resolving several contentious disputes. The pact
brings together the company, its debtor-in-possession lender
Peteski Productions Inc., and the Official Committee of Unsecured
Creditors.
The agreement establishes a recovery pool estimated between $10
million and $17 million for general unsecured creditors. It also
accelerates the bankruptcy timeline by setting an October 2025
auction for Merit Street's assets, according to report.
By settling these issues, the parties have put an end to prolonged
litigation over the bankruptcy filing and related challenges. The
resolution paves the way for Merit Street Media to advance its
reorganization plan with fewer obstacles, the report states.
About Merit Street Media
Merit Street Media is a television and media content production and
distribution company based in Fort Worth, Texas. It appears to
focus on creating, producing, and distributing television content,
maintaining business relationships with major cable providers
including DIRECTV and DISH Network, as well as numerous television
stations and production companies.
Merit Street Media sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-80156) on July 2,
2025, before the Hon. Scott W. Everett. In its petition, the Debtor
reports estimated assets and liabilities between $100 million and
$500 million.
The Debtor is represented by Sidley Austin LLP as bankruptcy
counsel. Epiq Corporate Restructuring, LLC serves as Claims,
Noticing, and Solicitation Agent, effective as of the Petition
Date.
MG LOGISTICS: Gets Interim OK to Use Cash Collateral Until Oct. 31
------------------------------------------------------------------
MG Logistics Incorporated received second interim approval from the
U.S. Bankruptcy Court for the Northern District of Illinois to use
cash collateral.
The interim order authorized the Debtor to use the cash collateral
of its secured lenders through October 31 for the disbursements set
forth in the budget.
The lenders are Bank Midwest, Daimler Truck Financial Services USA,
LLC, M&T Equipment Finance Corporation, Old Second Bank, PNC Bank
N.A., Stoughton Trailer Acceptance Corporation, and Volvo Financial
Services.
As adequate protection for the Debtor's use of their cash
collateral, lenders will be granted a security interest in and lien
on all assets of the Debtor, including assets acquired by the
Debtor after its Chapter 11 filing, with the same priority as the
lenders' pre-bankruptcy lien.
These replacement liens do not apply to any causes of action under
the Bankruptcy Code and are subject only to (i) any lien on the
Debtor's assets that the court may approve in the future as being
senior to a lender's lien; (ii) valid, perfected, and enforceable
pre-bankruptcy liens, which are senior to the lenders' respective
liens or security interests as of the petition date; (iii) the
payment of the U.S. trustee's fees; and (iv) the amount of the
Debtor's professionals' fees and disbursements accrued as of the
date of the termination of the Debtor's use of cash collateral.
As further protection, the Debtor will make the following payments
to lenders:
(i) A monthly payment of $18,000 to Bank Midwest for each of
August, September and October.
(ii) A monthly payment of $100,000 to Daimler Truck Financial
Services for September and October with further adequate protection
payments, if any, to be set in the next order.
(iii) A monthly payment of $21,000 to Volvo Financial Services for
each of August, September and October.
(iv) $37,500 in adequate protection payments to Stoughton Trailer
Acceptance Corporation by August 20 and 30, September 15 and
October 15.
The next hearing is set for October 28. The deadline for filing
objections is on October 21.
A copy of the interim order is available at
https://shorturl.at/t8C98 from PacerMonitor.com.
Bank Midwest is represented by:
Benjamin J. Court, Esq.
Stinson LLP
50 South Sixth Street, Suite 2600
Minneapolis, MN 55402
Phone: 612-335-1500
Fax: 612-335-1657
benjamin.court@stinson.com
Daimler is represented by:
Elisabeth M. Von Eitzen, Esq.
Warner Norcross + Judd, LLP
180 Water Street, Suite 7000
Kalamazoo, MI 49007
Phone: (269) 276-8118
evoneitzen@wnj.com
M&T is represented by:
Kenneth D. Peters, Esq.
Dressler Peters, LLC
101 W. Grand Ave., Suite 404
Chicago, IL 60654
Phone: 312-602-7360
Fax: 312-637-9378
kpeters@dresslerpeters.com
PNC Bank is represented by:
C. Randall Woolley, Esq.
Darcy & Devassy PC
444 N. Michigan Ave, Suite 3270
Chicago, IL 60611
Phone: (312) 784-2400
rwoolley@darcydevassy.com
Stoughton is represented by:
Justin M. Mertz, Esq.
Michael Best & Friedrich LLP
790 N. Water Street, Suite 2500
Milwaukee, WI 53202
414.271.6560 (general)
414.225.4972 (direct)
jmmertz@michaelbest.com
Volvo Financial Services is represented by:
W. Kent Carter, Esq.
Gordon Rees Scully Mansukhani, LLP
One North Wacker, Suite 1600
Chicago, IL 60606
Phone: 312.619.4900
kentcarter@grsm.com
About MG Logistics Incorporated
MG Logistics Incorporated provides freight transportation services
across the U.S. The Company operates from Huntley, Illinois, and is
authorized for interstate trucking.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-10269) on July 4,
2025. In the petition signed by Vassil Bayraktarov, authorized
representative of the Debtor, the Debtor disclosed up to $50
million in both assets and liabilities.
Judge Donald R. Cassling oversees the case.
Jeffrey C. Dan, Esq., at Goldstein & McClintock, LLLP, represents
the Debtor as legal counsel.
MOSAIC COMPANIES: Gets OK to Solicit Ch. 11 Liquidation Plan Votes
------------------------------------------------------------------
Emily Lever of Law360 Bankruptcy Authority reports that on Monday,
September 22, 2025, a Delaware bankruptcy judge authorized bankrupt
luxury tile supplier Mosaic Cos. to distribute its Chapter 11 plan
for creditor voting, moving the company closer to a lender
settlement and eventual liquidation.
About Mosaic Cos. LLC
Mosaic Companies, LLC is a specialty surfaces distributor operating
multiple brands in the high-end tile, stone, and ceramic products
sector.
Mosaic Companies sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-11296) on July 8, 2025.
In its petition, the Debtor reports estimated assets between $10
million and $50 million and estimated liabilities between $100
million and $500 million.
Honorable Bankruptcy Judge Craig T. Goldblatt handles the case.
The Debtor is represented by Sophie Rogers Churchill, Esq. and
Matthew B. Harvey, Esq. at Morris Nichols Arsht & Tunnell, LLP.
MUNDO EDITORIAL: Seeks to Hire Batista Law Group as Legal Counsel
-----------------------------------------------------------------
Mundo Editorial Inc. seeks approval from the U.S. Bankruptcy Court
for the District of Puerto Rico to employ The Batista Law Group,
PSC to handle its Chapter 11 case.
The hourly rates of the firm's counsel and staff are:
Jesus Batista Sanchez, Attorney $350
Associates $275
Paralegals $110
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer in the amount of $6,000.
Mr. Batista Sanchez, 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:
Jesus E. Batista Sanchez, Esq.
The Batista Law Group, PSC
Capital Center I
239 Ave Arterial de Hostos Suite 206
San Juan PR 00918
Telephone: (787) 620-2856
Facsimile: (787) 777-1589
Email: jeb@batistasanchez.com
About Mundo Editorial Inc
Mundo Editorial Inc filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. D.P.R. Case No. 25-03916)
on August 29, 2025, listing $100,001 to $500,000 in both assets and
liabilities.
Jesus E. Batista Sanchez, Esq., at The Batista Law Group, PSC
represents the Debtor as bankruptcy counsel.
NEW EARTH: Court Extends Cash Collateral Access to Nov. 4
---------------------------------------------------------
New Earth Yoga, LLC received third interim approval from the U.S.
Bankruptcy Court for the Middle District of Florida, Orlando
Division, to use cash collateral through November 4.
The third interim order signed by Judge Lori Vaughan authorized the
Debtor to use cash collateral to pay the amounts expressly
authorized by the court, including monthly payments to the
Subchapter V trustee; the expenses set forth in the budget, plus an
amount not to exceed 10% for each line item; and additional amounts
subject to approval by secured creditor, Five Star Bank.
As adequate protection for the Debtor's use of its cash collateral,
Five Star Bank will be granted a perfected post-petition lien on
the cash collateral, with the same validity, priority and extent as
its pre-bankruptcy lien.
The next hearing is scheduled for November 4.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/sTivz from PacerMonitor.com.
About New Earth Yoga LLC
New Earth Yoga, LLC filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-03782) on June
18, 2025, listing up to $50,000 in assets and up to $1 million in
liabilities. Andrew Layden as Subchapter V trustee.
Judge Lori V. Vaughan oversees the case.
L. Todd Budgen, Esq., at Budgen Law, is the Debtor's bankruptcy
counsel.
Five Star Bank, as secured creditor, is represented by:
George L. Zinkler, III, Esq.
Lorium Law
101 Northeast Third Avenue, Suite 1800
Fort Lauderdale, FL 33301
Telephone: (954) 462-8000
Facsimile: (954) 462-4300
gzinkler@loriumlaw.com
NEWFOLD DIGITAL: Moody's Cuts CFR to Caa3, Alters Outlook to Stable
-------------------------------------------------------------------
Moody's Ratings downgraded Newfold Digital Holdings Group, Inc.'s
Corporate Family Rating to Caa3 from Caa1 and its Probability of
Default Rating to Caa3-PD from Caa1-PD. Instrument ratings were
also downgraded with the senior secured first-lien notes and backed
senior secured first-lien bank credit facility rating now rated
Caa3 from B3 and the senior unsecured rating now Ca from Caa3. The
outlook has been revised to stable from negative. Newfold provides
internet domain name registrations, web hosting and website
building tools to small and mid-sized businesses.
The downgrade of the CFR to Caa3 reflects Moody's views that the
likelihood of a debt restructuring has increased given the February
2026 upcoming maturity of the senior secured revolver and negative
operating trends that include declining revenue and insufficient
liquidity to repay the revolver. The downgrade of the PDR to
Caa3-PD from Caa1-PD incorporates Moody's views of a high
likelihood of a distressed exchange.
Governance factors are a consideration in the ratings action. The
company's financial policies are characterized by a tolerance for
high leverage, refinancing risk and prioritization of shareholder
returns, which has increased credit risk.
RATINGS RATIONALE
Newfold's Caa3 CFR reflects the elevated risk of a distressed
exchange due to the near term maturity of the $380 million revolver
due February 2026 that currently has $223 million outstanding.
Further, operating trends have been weak with revenue declining
consistently each quarter for the past 18 months and leverage
increasing to 7.7x as of the end of June 2025. Moody's treats
capitalized software development costs as an expense in the
calculation of leverage. The ratings also reflect cyclicality due
to exposure to the small and medium business ("SMB") market where
businesses tend to be less resilient to economic cycles and risks
from operating in a highly competitive market that has low barriers
to entry and relatively commoditized solutions. Moody's considers
the company's financial policies to be aggressive under its
concentrated private ownership, including debt-funded shareholder
returns.
Newfold benefits from its position as one of the largest global
providers of web presence solutions, a highly diversified revenue
base with more than 7 million paid-subscribers, the
mission-critical nature of the company's offerings that service
small and medium sized businesses, a largely recurring and
predictable revenue base underpinned by annual contracts with
auto-renew options, and good customer retention rates.
Newfold's weak liquidity profile is driven by Moody's expectations
for moderate cash flow generation and a revolver that is largely
drawn and due in February 2026. The company's $380 million revolver
had $223 million drawn as of June 30, 2025.
The debt capital structure comprises the senior secured first-lien
credit facilities, which include the $380 million revolver due
February 2026 and $2.3 billion term loan due February 2028, the
$515 million 11.75% senior secured first-lien notes due October
2028, and $500 million 6% senior unsecured notes due February 2029.
Newfold's senior secured first-lien credit facility (revolver and
term loan) is rated Caa3, which is the same as the company's Caa3
CFR, reflecting the moderate amount of junior support in the
capital structure, in the form of unsecured debt and other non-debt
obligations. The $515 million senior secured first-lien notes are
also rated Caa3, reflecting the pari passu nature of the notes with
respect to the credit facilities. The Ca senior unsecured notes
rating is one notch lower than the company's Caa3 CFR, reflecting
the notes' effective subordination to the revolver, term loan and
secured notes. The unsecured notes are guaranteed on a senior
unsecured basis by the holdings and the borrower's direct and
indirect, existing and future, wholly-owned domestic subsidiaries.
The instrument ratings reflect the PDR of Caa3-PD.
The stable outlook reflects Moody's views that the company's
probability of default, including the potential for a debt
restructuring, will remain at current levels as it executes its
plan to address upcoming debt maturities. The stable outlook also
reflects Moody's current views of recovery upon default.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if the company addresses its debt
maturity and reduces its debt burden.
The ratings could be downgraded if the company's liquidity were to
erode faster than Moody's expects such that the likelihood of
default became more imminent or if the company were to undertake a
distressed exchange of its debt. The ratings could also be
downgraded if Moody's recovery expectations in the event of default
diminish.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
Newfold's Caa3 rating is several notches below the
scorecard-indicated outcome. The difference is explained by the
high likelihood of a distressed exchange due to a high debt burden
and near term maturity of its revolver that has yet to be
addressed.
Newfold Digital Holdings Group, Inc. is a provider of internet
domain name registrations, web hosting and website building tools
to small businesses. The company has a portfolio of web services
brands, which include Bluehost, Network Solutions, and Web.com as
well as other regional and complementary brands. The company is
majority owned by affiliates of private equity sponsors Clearlake
and Siris. Moody's projects annual revenue of around $1.4 billion
in 2025.
OBJECT & SUBJECT: Hires Cohne Kinghorn as Bankruptcy Counsel
------------------------------------------------------------
Object & Subject LLC seeks approval from the U.S. Bankruptcy Court
for the District of Utah to hire Cohne Kinghorn, P.C. as its
general bankruptcy counsel.
The firm's services include:
a. preparing on behalf of the Debtor any necessary motions,
applications, answers, orders, reports and papers as required by
applicable bankruptcy or non-bankruptcy law, dictated by the
demands of the case, or required by the Court, and to represent the
Debtor in proceedings or hearings related thereto;
b. assisting the Debtor in analyzing and pursuing possible
reorganization possibilities;
c. assisting the Debtor in analyzing and pursuing any proposed
dispositions of assets of the Debtor's estate;
d. reviewing, analyzing and advising the Debtor regarding
claims or causes of action to be pursued on behalf of its estate;
e. assisting the Debtor in providing information to creditors
and shareholders;
f. reviewing, analyzing and advising the Debtor regarding
retention of professionals and any fee applications or other issues
involving professional compensation in the Debtor's case;
g. preparing and advising the Debtor regarding any Chapter 11
plan filed by the Debtor and advise the Debtor regarding Chapter 11
plans that may be filed by other constituents in the Debtor's
case;
h. assisting the Debtor in negotiations with various creditor
constituencies regarding treatment, resolution and payment of the
creditors' claims in this case;
i. reviewing and analyzing the validity of claims filed in
this case and advising the Debtor as to the filing of objections to
claims, if necessary; and
j. performing all other necessary legal services as may be
required by the needs of the Debtor in the above-captioned case.
The firm's customary hourly rates are:
Shareholders $250 to $500
Associates $180 to $250
Paralegals $150 to $200
Cohne Kinghorn will also be reimbursed for reasonable out-of-pocket
expenses incurred.
The firm presently holds a retainer of $63,293.60
George Hofmann, Esq., a partner at Cohne Kinghorn, P.C., disclosed
in a court filing that the firm is a "disinterested person" as the
term is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
George Hofmann, Esq.
Cohne Kinghorn, P.C.,
111 East Broadway, 11th Floor
Salt Lake City, UT 84111
Tel: (801) 363-4300
About Object & Subject LLC
Object & Subject LLC, doing business as Ascendant Brands, manages
consumer product businesses across the U.S., focusing on brand
development, product design, packaging, and supply chain
operations. The Company specializes in online marketing,
particularly on the Amazon marketplace, and works with brand
partners and brick-and-mortar retailers to distribute their
products. Ascendant Brands partners with businesses generating
$500,000 to $5 million in annual revenue, offering acquisition,
operational management, or investment collaboration opportunities.
Object & Subject LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Case No. 25-25418) on September 12,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Peggy Hunt handles the case.
The Debtor is represented by George B. Hofmann, Esq. at COHNE
KINGHORN, P.C.
OCUGEN INC: Licenses OCU400 to Kwangdong With $1M Upfront Fees
--------------------------------------------------------------
Ocugen, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that the Company entered into an
Exclusive License Agreement with Kwangdong Pharmaceutical Co.,
Ltd., pursuant to which Kwangdong was granted an exclusive,
non-sublicensable, royalty-bearing license to;
(i) import, export, distribute, use, have used, keep, sell,
have sold, or offer for sale, including to research, develop,
commercialize, register, modify, enhance, improve, or otherwise
exploit OCU400 -- Ocugen's novel modifier gene therapy for
retinitis pigmentosa in the Republic of Korea; and
(ii) to use the trademark selected by Ocugen in the Territory
solely in connection with OCU400 in gene therapy for the treatment
of RP in humans.
Kwangdong will have sole control over preparing, filing and
maintaining regulatory submissions and communicating with
regulatory authorities in the Territory. Kwangdong has agreed to
use commercially reasonable efforts to develop, seek, register and
obtain regulatory approval for the licensed product in the
Territory. The Company will own the global safety database with
respect to the licensed product.
Under the Agreement, the Company will receive:
(i) $1 million in upfront license fees;
(ii) up to $6.5 million upon the achievement of certain
regulatory and development milestones; and
(iii) payments upon achievement of certain sales milestones of
$1.5 million for every $15 million of sales in the Territory.
Additionally, Ocugen will receive a royalty of 25% on net sales of
the licensed product generated by Kwangdong.
Ocugen will manufacture the commercial supply of the licensed
product under the terms of a supply agreement.
The Agreement and the licenses granted thereunder, shall continue
in force until the last to occur of:
(a) the 20 year anniversary of the date of the first
commercial sale of the licensed product in the Territory;
(b) the expiration of the last valid claim of a patent right
within the licensor patent rights in the Territory; and
(c) the expiration of the all exclusive marketing rights or
data exclusivity rights conferred by any regulatory authority for
the licensed product in the Territory, and on such date the
Agreement and the licenses granted thereunder shall terminate
automatically.
In addition, the agreement contains customary termination
provisions in the event of an uncured material breach or upon
certain corporate actions, including bankruptcy, receivership, or
liquidation.
The foregoing summary of the material terms of the Agreement is
qualified in its entirety by the terms of the Agreement, a copy of
which will be filed as an exhibit in the Company's Quarterly Report
on Form 10-Q for the quarter ended September 30, 2025 to be filed
under the Securities Exchange Act of 1934, as amended.
About Ocugen Inc.
Malvern, Pa.-based Ocugen, Inc. is a biotechnology company focused
on discovering, developing, and commercializing novel gene and cell
therapies, biologics, and vaccines that improve health and offer
hope for patients across the globe. The Company's technology
pipeline includes: Modifier Gene Therapy Platform, Novel Biologic
Therapy for Retinal Diseases, Regenerative Medicine Cell Therapy
Platform, and Inhaled Mucosal Vaccine Platform.
Philadelphia, Pennsylvania-based PricewaterhouseCoopers LLP, the
Company's auditor since 2024, issued a "going concern"
qualification in its report dated March 5, 2025. The report
highlighted that the Company has incurred recurring net losses
since inception that raise substantial doubt about its ability to
continue as a going concern.
As of June 30, 2025, the Company had $53.59 million in total
assets, $50.54 million in total liabilities, and a total
stockholders' equity of $3.05 million.
OFFICE PROPERTIES: Appoints AlixPartners' Managing Director as CRO
------------------------------------------------------------------
Office Properties Income Trust disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that the Board of
Trustees appointed John Castellano, a partner and managing director
of AlixPartners, LLP, as chief restructuring officer of the
Company.
AlixPartners was previously engaged to support the Company's
restructuring efforts.
About Office Properties
Office Properties Income Trust is a REIT organized under Maryland
law. As of Dec. 31, 2023, its wholly owned properties were
comprised of 152 properties, and it had noncontrolling ownership
interests of 51% and 50% in two unconsolidated joint ventures that
owned three properties containing approximately 468,000 rentable
square feet. As of Dec. 31, 2023, the Company's properties are in
30 states and the District of Columbia and contain approximately
20,541,000 rentable square feet. As of Dec. 31, 2023, its
properties were leased to 258 different tenants, with a weighted
average remaining lease term (based on annualized rental income) of
approximately 6.4 years. The U.S. government is its largest tenant,
representing approximately 19.5% of its annualized rental income as
of Dec. 31, 2023.
* * *
In May 2025, S&P Global Ratings raised its issuer credit rating on
Office Properties Income Trust (OPI) to 'CCC-' from 'SD' (selective
default) and its issue-level ratings on the senior unsecured notes
that were part of the exchange to 'CC' from 'D'. S&P lowered its
issue-level rating on the company's 2050 senior unsecured notes,
which were not part of the debt exchange, to 'CC' from 'CCC-'. The
recovery rating on all the unsecured notes without guarantees
remains '5'.
S&P said, "We also lowered our issue-level rating on the company's
March 2027 and March 2029 senior secured notes to 'CCC+' from 'B-',
with the recovery rating remaining '1'. We also lowered our
issue-level rating on the company's September 2029 senior secured
notes to 'CCC-' from 'CCC', with the recovery rating remaining
'3'.
"We also assigned our 'CCC+' and '1' recovery rating to the
company's new senior priority guaranteed unsecured notes due 2030.
The negative outlook on OPI reflects our view that an event of
default (perhaps via another distressed debt exchange or a debt
restructuring) is likely over the near term."
S&P Global Ratings completed its review of OPI following its debt
exchange. Significant near-term debt commitments remain and the
company's liquidity is constrained. As such, specific events of
default are envisioned, including another debt exchange, over the
next six months.
OLD SCHOOL: Unsecureds Will Get 100% in Liquidating Plan
--------------------------------------------------------
Old School, Inc., filed with the U.S. Bankruptcy Court for the
District of Delaware a Combined Disclosure Statement and Chapter 11
Plan of Liquidation dated September 16, 2025.
The Debtor was founded in 2006, and over the course of its 19-year
history, the Debtor has provided financing to approximately 1,000
of the approximately 8,000 charter schools in the United States,
supporting more than 2 million kids' education, and deploying over
$3 billion in capital.
The Debtor operated three primary lines of business: (i) Money To
Buy Your School; (ii) Money To Run Your School; and (iii) Kids To
Fill Your School.
In April 2025, as a result of Debtor's efforts, the Debtor received
a proposal from a potential strategic acquirer for 100% of the
stock and all related securities of the Debtor. This party would
eventually become the Purchaser. The eventual Purchaser's initial
proposal would have provided meaningful value to the Debtor's
enterprise, including to Orthogon. In late May 2025, following
additional diligence, the Purchaser provided a revised proposal
that contemplated a section 363 bankruptcy sale. On June 3, 2025,
the Debtor engaged Rock Creek to lead the sale process and provide
financial advisory support during the Chapter 11 Case.
On July 2, 2025, the Debtor filed a notice of designation11 naming
the Purchaser as the Stalking Horse Bidder in accordance with the
Bidding Procedures Order and designating the Purchaser's bid as the
stalking horse bid (the "Stalking Horse Bid"). The Debtor received
no objections, informal or otherwise, to the designation of the
Purchaser as the Stalking Horse Bidder, and the Court entered the
Stalking Horse Order permitting the Debtor to enter into a purchase
agreement with the Stalking Horse Bidder (the "Stalking Horse
Agreement") and designating the Stalking Horse Bid as a Qualified
Bid.
The Bankruptcy Court held a contested hearing and approved the Sale
on July 25, 2025, and entered the Sale Order approving the Sale on
July 26, 2025, overruling the Orthogon Sale Objection. The Sale
closed on July 29, 2025.
Since the Closing of the Sale, the Debtor has focused on
efficiently winding down its business, preserving Cash, and
monetizing its remaining Assets. The Debtor's remaining Assets
(which, upon the Effective Date, shall constitute the Plan
Administration Assets) currently consist of (i) Remaining Cash,
(ii) after payment of Allowed Professional Fees Claims, Cash in the
Professional Fee Reserve (if any), (iii) after payment of Allowed
Professional Fee Claims, any retainers, deposits, or similar
instruments or agreements held by the Debtor's Professionals, (iv)
the Excluded Assets, (v) the Retained Causes of Action, (vi) any
outstanding New Purchased Receivables (if any), and (vii) any and
all other Assets of the Debtor other than Purchased Assets.
This Combined Disclosure Statement and Plan provides for the Plan
Administration Assets, to the extent not already liquidated, to be
liquidated over time and the proceeds thereof to be distributed to
holders of Allowed Claims and Allowed Preferred Equity Interests in
accordance with the terms of the Combined Disclosure Statement and
Plan and the treatment of Allowed Claims and Allowed Interests. The
Plan Administrator will effect such liquidation and distributions.
Class 3 consists of General Unsecured Claims against the Debtor.
Each Holder of an Allowed General Unsecured Claim shall receive,
from the Plan Administration Assets, in full and final
satisfaction, settlement, and release of and in exchange for such
Allowed General Unsecured Claim: (i) Cash equal to the amount of
such Allowed General Unsecured Claim plus post-petition interest
accrued from the Petition Date through the Effective Date at the
applicable contract rate, or, if there is no such rate, at the
federal judgment rate in effect as of the Petition Date; or (ii)
such other treatment which the Debtor or the Plan Administrator, as
applicable, and the Holder of such Allowed General Unsecured Claim
have agreed upon in writing.
The allowed unsecured claims total $3,698,506.43. This Class will
receive a distribution of 100% of their allowed claims. Class 3 is
Unimpaired.
Class 4 consists of Preferred Equity Interests in the Debtor.
Preferred Equity Interests shall be cancelled, released, and
extinguished as of the Effective Date, and will be of no further
force or effect. Each Holder of an Allowed Preferred Equity
Interest shall receive, from the Plan Administration Assets, in
full and final satisfaction, settlement, and release of and in
exchange for such Allowed Preferred Equity Interest: (i) a pro rata
Distribution of Cash on account of such Allowed Preferred Equity
Interest; or (ii) such other treatment which the Debtor or the Plan
Administrator, as applicable, and the Holder of such Allowed
Preferred Equity Interest have agreed upon in writing.
The Combined Disclosure Statement and Plan will be implemented by,
among other things, (i) the appointment of the Plan Administrator
as the sole officer and director of the Post-Effective Date Debtor
as of the Effective Date and (ii) the making of Distributions to
Holders of Allowed Claims and Allowed Preferred Equity Interests
from the Plan Administration Assets.
All consideration necessary to make all monetary payments in
accordance with the Combined Disclosure Statement and Plan shall,
as applicable, be obtained from the Plan Administration Assets to
be monetized by the Plan Administrator.
A full-text copy of the Combined Disclosure Statement and Plan
dated September 16, 2025 is available at
https://urlcurt.com/u?l=K23A5l from PacerMonitor.com at no charge.
Counsel for the Debtor:
POTTER ANDERSON & CORROON LLP
Aaron H. Stulman, Esq.
Brett M. Haywood, Esq.
James R. Risener III, Esq.
Ethan H. Sulik, Esq.
1313 North Market Street, 6th Floor
Wilmington, Delaware 19801
Tel: (302) 984-6000
Facsimile: (302) 658-1192
Email: astulman@potteranderson.com
bhaywood@potteranderson.com
jrisener@potteranderson.com
esulik@potteranderson.com
GOODWIN PROCTER LLP
Howard S. Steel, Esq.
Stacy Dasaro, Esq.
Kizzy L. Jarashow, Esq.
James Lathrop, Esq.
The New York Times Building
620 Eighth Avenue
New York, New York 10018-1405
Tel: (212) 813-8800
Facsimile: (212) 355-3333
Email: hsteel@goodwinlaw.com
sdasaro@goodwinlaw.com
kjarashow@goodwinlaw.com
jlathrop@goodwinlaw.com
About Old School Inc.
Old School, Inc., is a non-public corporation incorporated in
Delaware.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-11016) on June 8, 2025,
with $10,000,001 to $50 million in assets and liabilities.
Judge Craig T. Goldblatt presides over the case.
James R. Risener, III, Esq. at Potter Anderson & Corroon LLP
represents the Debtor as legal counsel.
OMNICARE LLC: Files Voluntary Chapter 11, Inks $110M DIP Financing
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Omnicare, LLC, a subsidiary of CVS Health (NYSE: CVS), announced on
Sept. 22, 2025, that it has initiated a voluntary court-supervised
Chapter 11 process to resolve issues related to its recent
litigation in the U.S. District Court for the Southern District of
New York. The Company also intends to use this process to address
other financial challenges facing the broader long-term care
pharmacy industry and to evaluate its restructuring options,
including the implementation of a standalone restructuring or sale
strategy.
Omnicare remains fully focused on meeting the pharmacy needs of its
customers and long-term care residents. During the court-supervised
process, Omnicare is continuing to provide safe and reliable
pharmacy services to long-term care facilities. Omnicare customers
and patients can expect to continue to access pharmacy and clinical
services without disruption.
David Azzolina, President of Omnicare said, "Omnicare has a proud
history of providing industry-leading, pharmacy and clinical care
solutions to long-term care providers and their residents. Omnicare
has been engaged in a civil lawsuit alleging technical violations
of pharmacy law based on practices the government knew about and
approved. There were no allegations of harm to any Omnicare
patients nor did the government allege that any patient got
anything other than the medicine they needed when they needed it.
The District Court nevertheless imposed an extreme and, we believe,
unconstitutional penalty. Given that ruling and a number of other
issues facing our business, we now are taking necessary steps to
move forward and ensure the continued delivery of safe and reliable
pharmacy service to our customers."
Mr. Azzolina continued, "Supporting our customers and residents is
our top priority. As we move through this process, we remain fully
committed to providing optimal care for the residents and customers
we serve. We are grateful to our facility and senior living
community partners for their continued support. I want to thank the
entire Omnicare team for their unwavering dedication and passion
they bring to delivering the high level of service and clinical
expertise that sets Omnicare apart."
Additional Information About the Court-Supervised Process
Omnicare has commenced voluntary Chapter 11 proceedings in the U.S.
Bankruptcy Court for the Northern District of Texas.
In connection with this process, Omnicare has entered into an
agreement for $110 million in debtor-in-possession financing. Upon
court approval, Omnicare expects this financing, along with cash
generated from operations, will provide sufficient liquidity for
Omnicare to meet its ongoing business obligations during the
court-supervised process.
Omnicare is filing a number of customary motions seeking court
authorization to continue to support its ongoing operations during
the court-supervised process. Subject to approval of these motions,
Omnicare expects to uphold its go-forward commitments to its
stakeholders, including continued payment of employee wages and
benefits without interruption. Omnicare fully expects to pay
vendors and suppliers in full under normal terms for goods and
services provided after the filing date.
Additional information regarding Omnicare's court-supervised
process is available at www.OmnicareRestructuring.com.
Court filings and other information related to the proceedings,
including instructions on how to file a proof of claim, are
available on a separate website administered by Omnicare's claims
agent, Stretto, at https://cases.stretto.com/Omnicare, by calling
Stretto representatives toll-free at (833) 570-5323 or (949)
276-9547 for calls originating outside of the U.S. or Canada, or by
sending an email to TeamOmnicare@stretto.com.
Advisors
Jenner & Block LLP and Haynes Boone are serving as legal counsel,
Houlihan Lokey is serving as investment banker and Alvarez & Marsal
is serving as restructuring advisor to Omnicare.
About CVS Health
CVS Health is a leading health solutions company building a world
of health around every consumer, wherever they are. As of June 30,
2025, CVS Health had approximately 9,000 retail pharmacy locations,
more than 1,000 walk-in and primary care medical clinics, a leading
pharmacy benefits manager with approximately 87 million plan
members, and a dedicated senior pharmacy care business serving more
than 800,000 patients per year. CVS Health also serves an estimated
more than 37 million people through traditional, voluntary and
consumer-directed health insurance products and related services,
including highly rated Medicare Advantage offerings and a leading
standalone Medicare Part D prescription drug plan. CVS Health's
integrated model uses personalized, technology driven services to
connect people to simply better health, increasing access to
quality care, delivering better outcomes, and lowering overall
costs.
About Omnicare
Omnicare is a national leading provider of pharmacy services to the
long-term care market, which includes skilled nursing facilities
and independent and assisted living communities, addressing the
needs of an aging population across the continuum of senior care.
OPA! SIGNATURE: Seeks Chapter 7 Bankruptcy in California
--------------------------------------------------------
Matthew Gonzalez of Silicon Valley Business Journal reports that
Opa Signature Foods, LP, the parent company of Opa! Restaurant
Group, entered Chapter 7 bankruptcy in San Jose on September 19,
2025, beginning formal liquidation proceedings. According to court
filings, the company's Santa Clara address is listed as the
debtor’s location.
The decision follows widespread closures at several South Bay
restaurants, including Campbell, Morgan Hill, and Santa Clara.
Coverage of the filing suggests the bankruptcy is a final wind-down
of the Greek dining chain's business, with no plans for
reorganization and the likely permanent closure of all remaining
outlets, the report states.
About Opa! Signature Foods LP
Opa! Signature Foods LP is a full-service caterer delivering
personalized dining experiences for business events and special
occasions.
Opa! Signature Foods LP sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. N.D. Cal. Case No. 25-51451) on September
19, 2025.
The Debtor is represented by Bennett G. Young, Esq. of Jeffer
Mangels Butler And Mitchell LLP.
OPENLANE INC: S&P Affirms 'B' Issuer Credit Rating, Outlook Pos.
----------------------------------------------------------------
S&P Global Ratings affirmed its 'B' issuer credit rating on
OPENLANE Inc. and assigned its 'B' issue-level rating and '3'
recovery rating to the proposed term loan B. The '3' recovery
rating indicates its expectation for meaningful (50%-70%; rounded
estimate: 60%) recovery in the event of a default.
S&P said, "The positive outlook reflects the improving
profitability of OPENLANE's Marketplace segment and its strong
aggregate FOCF generation, which we believe will support
deleveraging over the next 12 months. We also believe the potential
conversion of the company's remaining preferred shares to common
equity would lead to a significant improvement in its credit
metrics that would support a higher rating.
"Our revised analytical approach reflects our separate assessments
of OPENLANE's distinct Marketplace and Finance segments. We
continue to assess the company's Marketplace segment under our
existing Corporate and Infrastructure Finance rating methodology.
However, in assessing OPENLANE's finance segment, we now apply our
Financial Institutions rating methodology, which we believe is
better suited. We then combine our assessments of the two segments
to arrive at our overall view of the company's creditworthiness.
"The affirmation and positive outlook reflect our expectation that
OPENLANE will continue to increase its revenue, generate solid
FOCF, and reduce the leverage of its Marketplace segment
comfortably below 6x, despite the slight increase in its debt from
the proposed term loan. We believe the company's continued strong
execution in its Marketplace segment positions it to expand its
market share while realizing an improvement in its operational
performance, an increase in its cash flow generation, and a
reduction in its leverage. Following the 2022 divestiture of its
physical auction business, OPENLANE strategically transitioned to a
fully digital model. Since then, the company has prioritized
operational discipline, as reflected by its targeted investments in
technology enhancements and a streamlined user interface aimed at
increasing its platform adoption and expanding its active customer
base. This focus has helped OPENLANE consistently outperform its
broader industry, which is also undergoing a structural shift to
digital from physical that has generated strong momentum for
providers of digital solutions.
"More recently, OPENLANE has significantly improved the performance
of its Marketplace segment, including by expanding its S&P Global
Ratings-adjusted EBITDA by over 50% year over year during the first
six months of fiscal year 2025. This expansion primarily stemmed
from the modest price increases management implemented in both its
U.S. and Canadian operations during the early part of the year
while its volumes remained largely flat. Although OPENLANE
increased its dealer-to-dealer volumes by approximately 18% year
over year during this period, these gains were almost fully offset
by the nearly 11% decline (on a slightly larger base) in its
commercial segment volumes, which account for a significant
proportion of off-lease vehicles. These off-lease volumes, which
declined due to lower new vehicle lease originations in the past,
reduced the number of vehicles available for remarketing; however,
we expect its pipeline will recover strongly by mid-2026 as
subsequent increase in lease originations lead to an increase in
the number of vehicles entering the remarketing channel. While we
forecast OPENLANE's strong ongoing dealer-to-dealer volume growth
will normalize somewhat, we anticipate a low-to mid-single-digit
percent increase in its combined volumes, coupled with the benefits
from modest price increases, will likely support an approximately
9%-11% expansion in its profitability in fiscal year 2026.
"We estimate that the company's increased EBITDA and the consequent
rise in its FOCF generation--part of which it could use to fund
debt prepayments--will likely facilitate about a half turn
reduction in its Marketplace segment leverage (which we estimate at
6.1x for fiscal 2024 on a pro-forma basis after adjusting for the
proposed debt), enabling it to sustain leverage approaching the
mid-5x area in fiscal year 2026.
"We believe leverage could fall much faster if the remaining
preferred shares are converted to common equity in 2026. Subsequent
to its proposed debt issuance to redeem 53% of its outstanding
series A preferred stock, OPENLANE's capital structure will
comprise the remaining 47% of its preferred stock, which we will
continue to recognize as debt (reported at its book value of about
$288 million). However, based on prevailing stock prices, we
believe there is a high probability the holders of these shares
will convert them to common stock before June 10, 2026,
because--after that date--the company will be able to redeem them
at 105% of liquidation preference. If this planned conversion is
completed as proposed, we will stop adjusting the Marketplace
segment's debt for this amount, leading to a reduction in the
segment's adjusted debt and an improvement in OPENLANE's overall
credit metrics. Nonetheless, we remain cautious should the company
decide to redeem more preferred shares with debt or pursue a more
accelerated share buyback of its common shares in the public
markets upon their conversion.
"We expect the Finance segment will sustain a consistent
operational performance and generate steady FOCF. OPENLANE's
finance segment, through which its offers floorplan financing to
independent vehicle dealers, operates at a smaller scale relative
to the broader floorplan financing space. This segment had reported
assets of about $2.7 billion and operated with adequate leverage
(adjusted debt to equity) of about 3.5x as of June 30, 2025.
Although the company competes with other specialty lenders, banks,
and financial institutions, such as NextGear, in this segment, its
customer base comprises dealers with relatively weaker credit
quality who would find it difficult to access funding from
more-established financial institutions. Despite the weakness of
its customer base, this segment has averaged a healthy net yield of
about 13.5% while maintaining average credit provisions and loss
rates of close to 2% over the past few quarters, supported by its
robust credit underwriting standards. We believe that OPENLANE can
sustain these rates on a long-term basis and expect this segment
will continue to generate reported FOCF of about $150 million on an
annual basis. We think the company could potentially use this FOCF
for further debt repayment, which would support a
higher-than-anticipated level of deleveraging.
"The positive outlook reflects the improving profitability of
OPENLANE's Marketplace segment and its strong aggregate FOCF
generation, which we believe will support deleveraging over the
next 12 months. We also believe the potential conversion of the
company's remaining preferred shares to common equity would lead to
a significant improvement in its credit metrics that would support
a higher rating."
S&P could revise its outlook on OPENLANE to stable if:
-- Its Marketplace segment volumes decline significantly or its
margins tighten sharply, leading to weaker FOCF and segment
leverage remaining above 6x. This could occur if its softer
off-lease volumes do not recover and its dealer-to-dealer volumes
decline; or
-- Management pursues an aggressive financial policy and raises
additional debt to redeem its remaining preferred shares, weakening
its credit metrics; or
-- Its Finance segment leverage (as measured by debt to adjusted
total equity) increases above 4.5x, its credit loss rates rise
materially, or its liquidity deteriorates.
S&P could raise its rating on OPENLANE if:
-- It further expands its Marketplace business while sustaining
EBITDA margins of greater than 10% such that its leverage declines
comfortably below 6x and it maintains FOCF to debt of comfortably
above 5% or the conversion of its preferred shares to common equity
significantly reduces the leverage of its Marketplace segment
leverage; and
-- Its Financing segments continues to generate steady FOCF.
S&P could also raise its rating on OPENLANE if it reduces the
leverage in its Financing business (as measured by debt to adjusted
total equity) below 2.75x while maintaining a steady operating
performance.
OSCAR A. LOPEZ: Jarrod Martin Named Subchapter V Trustee
--------------------------------------------------------
The U.S. Trustee for Region 7 appointed Jarrod Martin, Esq., a
practicing attorney in Houston, as Subchapter V trustee for Oscar
A. Lopez Trucking, LLC.
Mr. Martin will be paid an hourly fee of $650 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Martin declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Jarrod B. Martin, Esq.
1200 Smith Street, Suite 1400
Houston, TX 77002
Phone: 713-356-1280
Email: JBM.Trustee@chamberlainlaw.com
About Oscar A. Lopez Trucking LLC
Oscar A. Lopez Trucking, LLC provides freight transportation
services from its headquarters in Houston, Texas, operating
primarily in interstate general freight. The company owns a fleet
of trucks and flatbed trailers, including Kenworth and Peterbilt
tractors. It employs drivers to manage its operations.
Oscar A. Lopez Trucking filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. S.D. Texas Case No.
25-35337) on September 10, 2025. In its petition, the Debtor
reported estimated assets between $500,000 and $1 million and
estimated liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor is represented by David L. Venable, Esq.
OWL VENICE: Gets OK to Use Cash Collateral Until Nov. 1
-------------------------------------------------------
The U.S. Bankruptcy Court for the Central District of California
granted OWL Venice, LLC's motion to use cash collateral effective
as of the petition date.
The court authorized the Debtor to continue using cash collateral
under the same terms as the earlier interim order, with the added
ability to roll over unused funds from one week to another in line
with its budget filed on September 9. This authorization extends
through November 1.
A final hearing on the motion is scheduled for October 29.
Additionally, the Debtor must file an updated projected budget by
October 15, and a variance report by October 22. Any objections to
the motion are due by October 22.
The Debtor estimates approximately $244,000 in secured debt and
$1.23 million in unsecured debt, with the business valued around
$40,000. It intends to repay secured debt over three to five years
while proposing reasonable payments to unsecured creditors after
priority and administrative claims are addressed. The business'
cyclical sales pattern, with increases expected during holiday
seasons, supports the Debtor's projection of successful
reorganization through continued operations.
About OWL Venice LLC
OWL Venice LLC, doing business as OWL Venice, offers handcrafted
broth elixirs, organic skincare products, and multi-day gut health
cleanse programs across Los Angeles County. It also provides health
coaching as an additional wellness service.
OWL Venice sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-16451) on July
29, 2025. In its petition, the Debtor reported up to $50,000 in
assets and between $1 million and $10 million in liabilities.
Honorable Bankruptcy Judge Sheri Bluebond handles the case.
The Debtor is represented by Giovanni Orantes, Esq., at The Orantes
Law Firm, A.P.C.
PACER PRINT: Seeks to Hire Lucove Say & Co. as Accountant
---------------------------------------------------------
Pacer Print seeks approval from the U.S. Bankruptcy Court for the
Central District of California to employ Lucove, Say & Co. as
accountant.
The firm will render these services:
a. review the Debtor's financial status and to work to
implement further accounting and financial changes;
b. review the Debtor's financial records and assist counsel in
determining what avoidance actions, if any, should be brought
against insiders and others for the benefit of the estate;
c. prepare tax returns, to handle audits and to take steps
necessary to reduce the estate's liabilities; and
d. render other accountancy services for the Debtor for which
services of an accountant may be necessary during the pendency of
this case.
The firm will be paid at these rates:
Richard Say, CPA $300 per hour
Cameron Say, CPA $200 per hour
The firm received a retainer in the amount of $3,000.
Richard Say, CPA, a principal of CPAs, assured the court the firm
is a "disinterested person" within the meaning of 11 U.S.C.
101(14).
The firm can be reached through:
Richard Say, CPA
Lucove Say & Co.
23901 Calabasas Road #2085
Calabasas, CA 91302
Phone: (818) 224-4411
Fax: (818) 225-7054
About Pacer Print
Pacer Print, a company in Simi Valley, Calif., provides custom
packaging and commercial printing services.
Pacer Print filed Chapter 11 petition (Bankr. C.D. Calif. Case No.
25-10187) on February 18, 2025, with up to $10 million in both
assets and liabilities. Peter Varady, managing agent, signed the
petition.
Judge Ronald A. Clifford III oversees the case.
Steven R. Fox, Esq., at the Fox Law Corporation, Inc., represents
the Debtor as bankruptcy counsel.
PARK RIVER: Fitch Affirms 'B-' LongTerm IDR, Outlook Stable
-----------------------------------------------------------
Fitch Ratings has assigned a 'B' rating with a Recovery Rating of
'RR3' to Park River Holdings, Inc.'s (Park River) proposed offering
of first lien senior secured term loan B (TL B) and senior secured
notes due 2031. Proceeds will refinance the existing TL B due 2027,
repay ABL borrowings and a portion of its unsecured notes, and pay
related fees. Fitch has also assigned a 'CCC'/'RR6' rating to Park
River's proposed second lien secured notes. The second lien notes
will be exchanged for the company's existing unsecured notes due
2029.
Fitch has also affirmed Park River's Long-Term Issuer Default
Rating (IDR) at 'B-' and its ABL facility at 'BB-'/'RR1'. The
Rating Outlook is Stable.
Park River's 'B-' IDR reflects its modest competitive position,
weak credit metrics, moderate profitability, potential to generate
positive FCF, ample liquidity position, and well-laddered debt
maturities. The cyclicality of residential construction markets and
the sponsor's aggressive capital allocation strategy are also
incorporated in the 'B-' IDR. The Stable Outlook reflects Fitch's
view that Park River's metrics will remain within Fitch's
sensitivities despite subdued demand environment.
Key Rating Drivers
Weak Credit Metrics: Park River's EBITDA leverage was 7.3x for the
LTM ended June 30, 2025, down from 7.8x at YE 2024, primarily due
to higher EBITDA, partially driven by recent acquisitions. Fitch
projects EBITDA leverage to settle around 7.5x by YE 2025 due to a
weak operating environment, and to fall below 7.5x in 2026 through
a combination of debt reduction and EBITDA expansion. Fitch
forecasts EBITDA interest coverage to remain above 1.5x in 2025 and
2026.
Moderate Profitability and FCF: Park River's Fitch-adjusted EBITDA
margin was 12% in 2024, driven by lower raw material cost and
reduced transportation expense from its in-house logistics model.
Fitch forecasts EBITDA margins between 12% and 13% for 2025 and
2026, despite a subdued demand environment, as the company
continues to benefit from recent operational initiatives and
accretive margins from recent acquisitions. The company had a
negative FCF margin of 3.3% in 2024. Fitch projects a positive low
single-digit FCF margin in 2025, driven by working capital
optimization.
Aggressive Capital Allocation Strategy: Fitch expects the
management to continue to grow Park River through debt-financed
M&A. After refraining from large acquisitions since 2021, Park
River completed five debt-financed bolt-on acquisitions totaling
approximately $300 million during 2024 and YTD July 2025. Fitch
anticipates the company will further pursue inorganic growth
through additional bolt-on acquisitions, likely at a slower pace.
Fitch believes ownership has a high leverage tolerance, as
evidenced by the high leverage at the close of the acquisition of
PrimeSource and combination with Dimora Brands in December 2020,
and during the $855 million of net acquisitions in 2021.
Subdued Demand Environment: Fitch expects new residential
construction and residential remodeling activity to remain
challenged amid uncertain tariff policies and higher interest
rates. Residential construction is projected to decrease slightly
in 2025 and improve marginally in 2026.Fitch forecasts repair and
remodel spending to stay negative to flat in 2025, with modest
growth in following years. Fitch's rating case assumes flat to
low-single digit revenue growth in 2025, supported by completed
acquisitions. Revenue is expected to increase 2%-4% in 2026 as
construction activity improves.
Modest Competitive Position: Park River's competitive position is
weaker than higher-rated building product manufacturer peers due to
the highly fragmented nature of the distribution industry and its
exposure to commoditized product offerings. However, Fitch believes
the company's scale, broad product offering, and brand equity
associated with its proprietary brands provide competitive
advantages relative to other building products distributors, as
evidenced by its higher profitability margins. Fitch estimates that
approximately 70% of sales come from Park River's proprietary
branded product offerings.
Cyclical End Markets: Fitch views Park River's end-market exposure
as relatively favorable compared to issuers with greater exposure
to new construction activity. Fitch estimates that about 70% of
Park River's revenues come from the more stable residential repair
and remodel markets, while the remaining 30% from the highly
cyclical new residential construction. However, some of this
benefit is tempered by the lack of exposure to non-residential
end-markets, which have different construction cycles and can
moderate the impact of declines in residential activity.
Peer Analysis
Park River's end-market exposure is a credit strength relative to
other 'B' category building products distributor and manufacturer
peers, such as LBM Acquisition, LLC (LBM; B/Negative), Doman
Building Materials Group Ltd. (Doman; B+/Stable), and Chariot Buyer
LLC (doing business as [dba] Chamberlain Group; B-/Stable). Park
River has similar credit metrics compared to Chamberlain Group, but
significantly lower profitability metrics. Park River has higher
margin than LBM but operates at a smaller scale with similar
leverage. Doman has lower margins than Park River but stronger
credit metrics.
Park River generates majority of its revenue from the less-cyclical
repair and remodel end markets relative to these peers, with
considerably less exposure to volatile lumber prices. Overall
financial flexibility among these peers is comparable, with no
material debt maturities in the near- to intermediate-term.
Key Assumptions
- Revenue to remain flat to slightly higher in 2025 and grows by
2%-4% in 2026;
- EBITDA margins between 12% and 13% in 2025 and 2026;
- Capex of around 1.0% of revenues;
- FCF margin in the low single digits in 2025 and 2026, driven by
working capital optimization;
- Acquisitions total $140 million in 2025, with none assumed for
2026;
- No shareholder distributions during the forecast period.
- EBITDA leverage between 7.3x to 7.8x in 2025 and 7.0x to 7.5x in
2026;
- Average SOFR at 4.25% in 2025 and 3.75% in 2026.
Recovery Analysis
The recovery analysis assumes that Park River would be reorganized
as a going-concern (GC) in bankruptcy rather than liquidated. Fitch
has assumed a 10% administrative claim.
Fitch's GC EBITDA estimate of $270 million estimates a
post-restructuring sustainable level of EBITDA. The GC EBITDA is
based on Fitch's assumption that a default would occur from further
declines in the residential new construction and repair and remodel
end markets, combined with losses of certain key customers. Fitch
had previously used a $255 million GC EBITDA. The $15 million
increase in GC EBITDA reflects the impact of acquisitions.
Fitch estimates annual revenues to be about 15% below June 30,
2025, LTM pro forma levels and Fitch-calculated EBITDA margin
around 11.5% (roughly 140bps below EBITDA margin for LTM ended June
30, 2025) would capture the lower revenue base of the company after
emerging from a housing downturn, plus a sustainable margin profile
after right sizing. This results in Fitch's $270 million GC EBITDA
assumption.
Fitch assumes a 6.0x GC EBITDA multiple to calculate the enterprise
value (EV) in a recovery scenario. The 6.0x multiple is below the
purchase multiples of 9.2x for PrimeSource, 10.5x for Dimora, 11.2x
for Nationwide, and 9.5x for Wolf. The 6.0x multiple is comparable
to the multiple used for LBM Acquisition, LLC, a pure distributor
with slightly lower margins but which is considerably larger than
Park River.
The 6.0x multiple is higher than the 5.5x multiple utilized for New
AMI I (B/Stable) and Doman Building Materials (B+/Stable). These
peers are smaller in scale, have lower margins and have narrower
product offering than Park River. Park River's GC EBITDA multiple
is lower than Chamberlain Group's at 6.5x due to Chamberlain's
leading market position and meaningfully stronger profitability
metrics through the cycle.
Fitch assumes that in a recovery scenario, the borrowing base under
the company's $790 million billion ABL revolver would shrink as
inventory and receivable balances decline with lower revenue and
EBITDA. Fitch assumes the ABL revolver would have $500 million
outstanding at recovery (75% of the LTM borrowing base),
considering potential reductions in the borrowing base due to
contracting sales and volumes. Fitch had previously assumed $550
million drawn on the ABL facility.
The lower revolver outstanding assumption reflects the company's
borrowing availability under its borrowing base over the past four
quarters. In the recovery analysis, the ABL would have
prior-ranking claims over the senior secured term loan.
The analysis results in a recovery corresponding to an 'RR1' for
the $790 million ABL and 'RR3' for $1.8 billion of first lien debt,
which includes the proposed term loan B and senior secured notes.
The second lien debt receives recoveries corresponding to an
'RR6'.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- EBITDA interest coverage sustained below 1.5x;
- (CFO-capex)/debt consistently negative;
- Fitch's expectation that FCF generation will approach neutral or
consistently turn negative, resulting in a diminished liquidity
position.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Fitch's expectation that EBITDA leverage will be sustained below
6.5x;
- (CFO-capex)/debt sustained above 2.5%;
- The company maintains a strong liquidity position with no
material short-term debt obligations;
- EBITDA interest coverage sustained above 2.0x.
Liquidity and Debt Structure
As of June 30, 2025, Park River has ample liquidity with $8.1
million in unrestricted cash on the balance sheet and $316.8
million in borrowing availability under its $790 million ABL
facility, which matures in October 2029. The company's near-term
debt maturities are limited to 1% annual amortization of the
proposed term loan B until due in April 2031. The company's senior
unsecured notes mature in February 2029 and August 2029. The
proposed senior secured notes will mature in 2031, along with the
proposed term loan B and second lien notes.
Issuer Profile
Park River Holdings, Inc. is a leading national provider of
specialty branded interior and exterior residential building
products. The company's product offerings include construction
fasteners, cabinet knobs and pulls, decking, fence, gate and
functional hardware, railing systems, and perimeter security.
Summary of Financial Adjustments
Fitch adds back nonrecurring transaction expenses, stock-based
compensation and inventory step-up charges to the Fitch-adjusted
EBITDA.
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
----------- ------ -------- -----
Park River
Holdings, Inc. LT IDR B- Affirmed B-
senior secured LT B New Rating RR3
senior secured LT BB- Affirmed RR1 BB-
Senior Secured
2nd Lien LT CCC New Rating RR6
PARK RIVER: Moody's Affirms 'B3' CFR, Outlook Remains Stable
------------------------------------------------------------
Moody's Ratings affirmed Park River Holdings, Inc.'s (dba
PrimeSource) corporate family rating at B3 and probability of
default rating at B3-PD. At the same time, Moody's affirmed the B3
rating on the existing senior secured 1st lien term loan due
December 2027 and Caa2 rating on the senior unsecured notes due
2029. Moody's assigned B3 ratings to the company's proposed $910
million senior secured 1st lien term loan B and $910 million senior
secured notes, both due April 2031, and assigned a Caa2 rating to
the proposed $538 million 2nd lien exchange senior secured notes
due 2030. The B3 rating on the existing 1st lien term loan and the
Caa2 ratings on the existing senior unsecured notes will be
withdrawn at close. The outlook remains stable.
Proceeds from the proposed $910 million term loan B, $910 million
senior secured notes and $538 million 2nd lien notes will be used
to repay the company's existing $1.5 billion 1st lien term loan B
due December 2027, $192 million in outstanding borrowings on its
unrated ABL credit facility due October 2029, $100 million of the
outstanding senior unsecured notes due 2029, and a $20 million
seller note from its July 2025 acquisition of Fortress Railing
Products. Additionally, the remaining $538 million of senior
unsecured notes will be exchanged at par for the new 2nd lien notes
due 2030. Proceeds will also be used to pay fees and expenses.
The ratings affirmation with a stable outlook reflects Moody's
expectations that PrimeSource's recent acquisitions and operational
initiatives should continue to benefit credit metrics, despite
persistent demand softness across both residential repair &
remodeling and new construction. Moody's expects leverage to
decline to near 7.0x debt/EBITDA by 2026 and interest coverage to
improve to above 1.7x EBITDA/interest over the same period. The
affirmation is also supported by PrimeSource's revenue scale of
over $2.5 billion, solid EBITDA margin, expanding market position,
and end market diversity.
RATINGS RATIONALE
PrimeSource's B3 CFR reflects the company's leveraged capital
structure and high fixed charges. Organic year-over-year revenue
declines across several product categories have been offset by the
benefit of recent acquisitions, contributing to some leverage
improvement to 7.4x debt/EBITDA as of the last twelve months ended
June 30, 2025. Moody's forward view includes limited organic growth
due to continued weakness in new residential construction and
repair & remodeling. Fixed charges including cash interest, term
loan amortization and operating and finance lease payments are over
$200 million per year, significantly constraining excess cash flow.
Intense competition among distributors also constrains credit
quality. Despite maintaining a branded product portfolio, some of
PrimeSource's products are available from other distributors,
making it difficult to increase pricing significantly and maintain
profitability on those products.
Providing an offset to PrimeSource's leveraged capital structure
and other credit challenges is the company's good and improving
profitability. Moody's expects adjusted EBITDA margin of
approximately 14% through 2026, which is a key credit strength.
Margins have expanded consistently since 2023, benefiting from
PrimeSource's operational initiatives aimed at reducing overall
inventory and increasing efficiency via a hub-and-spoke
distribution center model. PrimeSource has also made progress in
reducing its revolver borrowings using free cash flow generation,
which has been supported by a decrease in inventory levels.
Moody's views PrimeSource's liquidity as good, supported by
expected free cash flow generation and revolver availability.
Moody's expects PrimeSource to generate positive free cash flow
throughout Moody's projected period after considering earnings
growth and margin expansion counterbalanced by a high interest
burden and modest working capital investment. The company's cash
balance was $8 million as of June 30, 2025. Further, liquidity is
supported by the company's $790 million asset-based revolving
credit facility with $667 million of borrowing base availability,
of which approximately $200 million will be drawn post-transaction.
Moody's expects the company to continue to repay borrowings using
cash flow generation.
The Caa2 ratings on the second lien exchange notes reflects the
subordination to the company's first lien secured debt.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if PrimeSource exhibits solid organic
growth, and the company deleverages such that adjusted
debt-to-EBITDA approaches 6.0x and adjusted EBITA-to-interest
expense is maintained near 2.0x. Preservation of good liquidity and
more conservative financial policies would support upwards rating
movement.
The ratings could be downgraded if PrimeSource's adjusted
debt-to-EBITDA remains above 7.0x and EBITA-to-interest expense is
sustained near 1.0x. A deterioration in liquidity, an aggressive
acquisition with additional debt or significant shareholder return
activity could result in downward rating pressure as well.
The principal methodology used in these ratings was Distribution
and Supply Chain Services published in December 2024.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Park River Holdings, Inc., headquartered in Irving, Texas, is a
specialty branded building products distributor. Clearlake Capital
Group, L.P., through its affiliates, is the owner of PrimeSource.
PC LEARNING: Gets Interim OK to Use Cash Collateral
---------------------------------------------------
PC Learning Centers, Inc. received interim approval from the U.S.
Bankruptcy Court for the Southern District of New York to use the
cash collateral of its secured creditors.
The court's interim order authorized the Debtor to use the cash
collateral of Citibank N.A. and the U.S. Small Business
Administration for the limited purpose of funding its September 15
gross payroll and related taxes amounting to $13,659.73.
As adequate protection for the Debtor's use of their cash
collateral, both creditors will be granted perfected security
interests, with the same priority that the creditors held in their
pre-bankruptcy collateral.
The final hearing is set for October 9. The deadline for filing
objections is on October 6.
The cash collateral at issue is claimed by two secured creditors:
Citibank, which holds a lien based on a 1999 UCC-1 financing
statement and is owed $329,647.91, and the SBA, which filed its own
UCC-1 statement in 2020 and is owed about $467,477.
As of the bankruptcy filing on September 9, the Debtor had
approximately $25,718 in its operating account, $5,649 in accounts
receivable, and a $150,000 security deposit held by its landlord.
The Debtor's six-month post-petition budget outlines anticipated
revenues and operating expenses through March 2026. The projections
show that the business expects monthly losses, totaling a net
negative income of $118,313 over the six-month period. Despite
these projected losses, the Debtor maintains that use of the cash
collateral will prevent the value of the creditors' collateral from
diminishing, as the funds will be used solely to support ongoing
business operations and maintain the enterprise as a going
concern.
About PC Learning
Centers
PC Learning Centers, Inc., doing business as NYC Seminar and
Conference Center (NYCSCC), operates a 9,300-square-foot event and
conference facility in New York City's Flatiron District, Chelsea
neighborhood. The center provides flexible seminar and meeting
spaces accommodating 6 to 200 participants, supporting hybrid
events with integrated audiovisual and technology infrastructure,
including internet connectivity, video conferencing, and on-site
tech support.
NYCSCC offers event planning services, catering options,
customizable room configurations and online booking, targeting
corporate meetings, training sessions, and professional seminars.
PC Learning Centers filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. S.D. N.Y. Case No. 25-11964) on
September 9, 2025, with up to $50,000 in assets and $1 million to
$10 million in liabilities. Tod Shapiro, vice president of PC
Learning Centers, signed the petition.
Judge Michael E. Wiles presides over the case.
Kenneth L. Baum, Esq., at the Law Offices of Kenneth L. Baum, LLC
represents the Debtor as the bankruptcy counsel.
PHILLIPS ACRES: Seeks to Hire C. Scott Kirk as Bankruptcy Counsel
-----------------------------------------------------------------
Phillips Acres, Inc. seeks approval from the U.S. Bankruptcy Court
for the Eastern District of North Carolina to hire C. Scott Kirk,
Attorney At Law, PLLC as counsel.
The firm will render these services:
(a) prepare on behalf of the Debtor all necessary legal
documents necessary for its reorganization;
(b) perform all necessary legal services in connection with
the Debtor's reorganization; and
(c) perform all other legal services for the Debtor which may
be necessary for a Chapter 11 case.
The firm will be paid at these hourly rates:
C. Scott Kirk, Attorney $350
Paralegal $100
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $15,500 from Debtor.
Mr. Kirk 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:
C. Scott Kirk, Esq.
C. Scott Kirk, Attorney at Law, PLLC
1025C Director Court
Greenville, NC 27858
Telephone: (252) 689-6249
Email: scott@csklawoffice.com
About Phillips Acres, Inc.
Phillips Acres, Inc. owns and manages agricultural real estate in
Farmville, North Carolina, comprising three parcels totaling 108.1
acres at 499 Albritton Road. The property includes four turkey
houses, a waste lagoon, and surrounding fields and forests.
Phillips Acres, Inc. filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.C. Case No.
25-03601) on September 16, 2025, listing $500,001 to $1 million in
assets and $1,000,001 to $10 million in liabilities.
Judge Pamela W Mcafee presides over the case.
Christopher Scott Kirk, Esq. at C. Scott Kirk, Attorney At Law,
PLLC represents the Debtor as counsel.
PINSEEKERS DEFOREST: Taps Capitol Tax & Accounting as Accountant
----------------------------------------------------------------
PinSeekers DeForest Operations LLC seeks approval from the U.S.
Bankruptcy Court for the Western District of Wisconsin to employ
Capitol Tax & Accounting Group LLC as accountant.
The firm will prepare the Debtor's 2024 federal and state tax
return.
The firm will receive $3,750 for its services.
Patrick Paulus, CPA, owner and founder of Capitol Tax, assured the
court that his firm is a "disinterested person" within the meaning
of 11 U.S.C. 101(14).
The firm can be reached through:
Patrick Paulus, CPA
Capitol Tax & Accounting Group LLC
740 Regent Street, Suite 106
Madison, WI 53715
Telephone: (608) 630-8917
Facsimile: (608) 630-8918
Email: clientinfo@cap-tag.com
About PinSeekers DeForest Operations LLC
PinSeekers DeForest Operations LLC operates a hybrid golf
entertainment facility located in DeForest, Wisconsin, just outside
of Madison. The facility's year-round offerings include Toptracer
golf suites, which are equipped with all-weather luxury suites
suitable for golfers of all skill levels. The facility also
features mini bowling, with a scaled-down version of traditional
bowling called duckpin bowling, a custom-built putting course that
caters to all levels of skill and age, and high-definition multi
sports simulators. PinSeekers provides a spacious event space for
corporate gatherings, networking events, meetings, or parties. The
venue also includes a restaurant and bar, offering a diverse menu
for casual dining.
PinSeekers DeForest Operations LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. W.D. Wis. Case No. 25-10326) on
Feb. 18, 2025. In its petition, the Debtor estimated assets
between $1 million and $10 million and liabilities between $10
million and $50 million.
The Debtor is represented by Rebecca R. DeMarb, Esq. at SWANSON
SWEET LLP.
PINSTRIPES HOLDINGS: Taps Epiq Corporate as Administrative Advisor
------------------------------------------------------------------
Pinstripes Holdings, Inc. and its affiliates seek approval from the
U.S. Bankruptcy Court for the District of Delaware to employ Epiq
Corporate Restructuring, LLC as administrative advisor.
The firm will provide these services:
(a) assist with, among other things, solicitation, balloting
and tabulation of votes, and prepare any related reports, as
required in support of confirmation of a Chapter 11 plan, and in
connection with such services, process requests for documents from
parties in interest;
(b) prepare an official ballot certification and, if
necessary, testify in support of the ballot tabulation results;
(c) assist with the preparation of the Debtors' schedules of
assets and liabilities and statements of financial affairs and
gather data in conjunction therewith;
(d) manage and coordinate any distributions pursuant to a
Chapter 11 plan; and
(e) provide such other processing, solicitation, balloting and
other administrative services described in the Engagement
Agreement.
The hourly rates of Epiq's professionals are as follows:
IT/Programming $65 - $80
Case Managers $85 - $170
Project Managers/Consultants/Directors $175 - $185
Solicitation Consultant $185
Executive Vice President, Solicitation $190
Before the petition date, the Debtors provided Epiq a retainer in
the amount of $25,000.
In addition, Epiq will seek reimbursement for expenses incurred.
Kathryn Tran, a consulting director at Epiq, 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:
Kathryn Tran
Epiq Corporate Restructuring, LLC
777 Third Avenue, 11th Floor
New York, NY 10017
About Pinstripes Holdings
Pinstripes Holdings, Inc. operates a dining and entertainment
concept restaurants. The company provides Italian-American cuisine
with bowling, bocce, and private event services. It also offers
off-site events catering services. The company was incorporated in
2006 and is based in Northbrook, Illinois.
Pinstripes Holdings and four of its affiliates sought protection
for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Del.
Lead Case No. 25- 11677) on September 8, 2025.
The Debtors tapped Young Conaway Stargatt & Taylor, LLP as counsel;
CR3 Partners LLC as restructuring advisor; and Hilco Corporate
Finance LLC as investment banker. The Debtors' notice and claims
agent is Epiq Corporate Restructuring LLC.
PINSTRIPES HOLDINGS: Taps James Katchadurian of CR3 Partners as CRO
-------------------------------------------------------------------
Pinstripes Holdings, Inc. and its affiliates seek approval from the
U.S. Bankruptcy Court for the District of Delaware to employ CR3
Partners, LLC to provide the Debtors with James Katchadurian, as
chief restructuring officer and additional assistance from CR3
Partners personnel.
CR3's scope of services include:
a) provide oversight and support to the Debtor and the
Debtors' other professionals in connection with execution of the
Debtors' business plan, reorganization plan, any sales process, and
the overall administration of activities within the chapter 11
proceeding;
b) provide oversight and assistance in connection with the
preparation of financial reporting and related disclosures required
by the Court, including the Schedules of Assets and Liabilities,
the Statement of Financial Affairs and Monthly Operating Reports,
and any other disclosures required by the Debtor in connection with
the bankruptcy process, or in keeping with CR3 Partners’
professional and ethical responsibilities;
c) provide oversight and assistance in connection with the
preparation of financial information for distribution to creditors
and others, including, but not limited to, cash flow projections
and budgets, cash receipts and disbursements, analysis of various
asset and liability accounts, and analysis of proposed transactions
for which Court approval is sought;
d) participate in meetings and provide assistance to any
official committee(s) appointed in the case, the Office of the
United States Trustee for the District of Delaware (the "U.S.
Trustee"), other parties in interest, including contractual
counterparties, and professionals hired by the same;
e) evaluate and make recommendations as needed to maximize the
value of the Debtors' assets;
f) provide oversight and assistance in connection with the
preparation of analysis of creditor claims;
g) provide oversight and assistance in connection with the
evaluation and analysis of avoidance actions, including, fraudulent
conveyances and preferential transfers, and in the defense and
prosecution of other litigation, if necessary;
h) provide testimony in litigation/bankruptcy matters as
required;
i) evaluate the cash flow generation capabilities of the
Debtor for valuation maximization opportunities;
j) provide oversight and assistance in connection with
communications and negotiations with constituents including
investors and other critical constituents to the successful
restructuring of the Debtor, as well as to directly communicate
with stakeholders where appropriate, and to establish communication
protocols;
k) manage professionals engaged by the Debtor, or committees
or other stakeholders involved in a chapter 11 or restructuring of
the Debtor, and directly communicate with such stakeholders as
appropriate;
l) assist in development of a plan of reorganization and in
the preparation of information and analysis necessary for the
development of a plan and disclosure statement, and confirmation of
a plan in the chapter 11 proceeding; and
m) perform other tasks as directed by the Board of Directors
and agreed to by CR3 Partners, including all tasks necessary to
facilitate the Debtors' restructuring, or in keeping with CR3
Partners' ethical responsibilities, in CR3 Partners' sole
discretion.
The firm's hourly rates:
James Katchadurian (Senior
Managing Director / Partner) $1,195
Michael Juniper (Managing
Director / Partner) $895
Director, Manager and/or Senior
Associate $350 - $795
CR3 Partners does not hold any interest adverse to the Debtors'
estates, and is a "disinterested person" as defined by section 101
(14) of the Bankruptcy Code.
The firm can be reached through:
James Katchadurian
CR3 Partners, LLC
13355 Noel Road, Suite 2005
Dallas, TX 75240
Phone: (914) 646-9451
Email: james.katchadurian@cr3partners.com
About Pinstripes Holdings
Pinstripes Holdings, Inc. operates a dining and entertainment
concept restaurants. The Debtor provides Italian-American cuisine
with bowling, bocce, and private event services. It also offers
off-site events catering services. The Debtor was incorporated in
2006 and is based in Northbrook, Illinois.
Pinstripes Holdings and four of its affiliates sought protection
for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Del.
Lead Case No. 25- 11677) on September 8, 2025.
The Debtors tapped Young Conaway Stargatt & Taylor, LLP as counsel;
CR3 Partners LLC as restructuring advisor; and Hilco Corporate
Finance LLC as investment banker. The Debtors' notice and claims
agent is Epiq Corporate Restructuring LLC.
PINSTRIPES HOLDINGS: Taps Young Conaway Stargatt as Counsel
-----------------------------------------------------------
Pinstripes Holdings, Inc. and its affiliates seek approval from the
U.S. Bankruptcy Court for the District of Delaware to employ Young
Conaway Stargatt & Taylor, LLP as counsel.
The firm's services include:
a. providing legal advice with respect to the Debtors' powers
and duties as debtors in possession in the continued operation of
their business, management of their properties, and the potential
sale of their assets;
b. preparing documents in connection with and pursuing
approval of a disclosure statement and confirmation of a plan;
c. preparing, on behalf of the Debtors, necessary
applications, motions, answers, orders, reports, and other legal
papers;
d. appearing in Court and protecting the interests of the
Debtors before the Court; and
e. performing all other legal services for the Debtors that
may be necessary and proper in these Chapter 11 Cases.
Compensation will be payable to Young Conaway on an hourly basis,
plus reimbursement of actual and necessary expenses incurred by
Young Conaway.
The firm's hourly rates are:
Michael R. Nestor, Partner $1,425
Sean M. Beach, Partner $1,235
Elizabeth S. Justison, Partner $930
Shella Borovinskaya, Associate $615
Mariam Khoudari, Associate $615
Troy Bollman, Paralegal $385
The firm received retainer payment in the amounts of $100,000.
Young Conaway received additional retainer payments of $75,000 on
June 3, 2025, $50,000 on August 20, 2025, and
$220,000 on August 29, 2025.
Consistent with the United States Trustees' Appendix B - Guidelines
for Reviewing Applications for Compensation and Reimbursement of
Expenses Filed Under 11 U.S.C. Sec. 330 by Attorneys in Larger
Chapter 11 Cases (the U.S. Trustee Guidelines), which became
effective on November 1, 2013, the firm state as follows:
a. Young Conaway has not agreed to a variation of its standard
or customary billing arrangements for this engagement.
b. None of the Firm's professionals included in this
engagement have varied their rate based on the geographic location
of the chapter 11 cases.
c. Young Conaway was retained by the Debtors pursuant to the
Engagement Agreement, dated as of May 5, 2025. The billing rates
and material terms of the prepetition engagement are the same as
the rates and terms described in the application.
d. The Debtors have approved or will be approving a
prospective budget and staffing plan for Young Conaway's engagement
for the post-petition period. In accordance with the U.S. Trustee
Guidelines, the budget may be amended as necessary to reflect
changed or unanticipated developments.
Michael Nestor, a partner at Young Conaway Stargatt & Taylor, LLP,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Michael R. Nestor, Esq.
Sean M. Beach, Esq.
Elizabeth S. Justison, Esq.
Shella Borovinskaya, Esq.
Mariam Khoudari, Esq.
Young Conaway Stargatt & Taylor, LLP
Rodney Square
1000 N. King Street
Wilmington, DE 19801
Telephone: (302) 571-6600
Emails: mnestor@ycst.com
sbeach@ycst.com
ejustison@ycst.com
sborovinskaya@ycst.com
mkhoudari@ycst.com
About Pinstripes Holdings
Pinstripes Holdings, Inc. operates a dining and entertainment
concept restaurants. The company provides Italian-American cuisine
with bowling, bocce, and private event services. It also offers
off-site events catering services. The company was incorporated in
2006 and is based in Northbrook, Illinois.
Pinstripes Holdings and four of its affiliates sought protection
for relief under Chapter 11 of the Bankruptcy Code (Bankr. D. Del.
Lead Case No. 25- 11677) on September 8, 2025.
The Debtors tapped Young Conaway Stargatt & Taylor, LLP as counsel;
CR3 Partners LLC as restructuring advisor; and Hilco Corporate
Finance LLC as investment banker. The Debtors' notice and claims
agent is Epiq Corporate Restructuring LLC.
PRO QUIP: Hires Van Horn Law Group P.A. as Bankruptcy Counsel
-------------------------------------------------------------
Pro Quip, LLC seeks approval from the U.S. Bankruptcy Court for the
Southern District of Florida to hire Van Horn Law Group, P.A. as
counsel.
The firm will provide these services:
a. give advice to the debtor with respect to its powers and
duties as a debtor in possession and the continued management of
its business operations;
b. advice the debtor with respect to its responsibilities in
complying with the U.S. Trustee's Operating Guidelines and
reporting Requirements and with the rules of the court;
c. prepare motions, pleadings, orders, applications, adversary
proceedings, and other legal documents necessary in the
administration of the case;
d. protect the 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.
The firm will be paid at these rates:
Chad Van Horn $500 per hour
Law clerks/Paralegals/Associates $175 to $350 per hour
Prior to the filing of this case, the firm was paid a retainer in
the amount of $15,000 plus $2,500 for the filing fee and costs for
a total amount of $17,500.
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
Chad T. Van Horn, Esq., a partner at Van Horn Law Group, P.A.,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Chad T. Van Horn, Esq.
Van Horn Law Group, PA
500 NE 4th Street, Suite 200
Fort Lauderdale, FL 33301
Tel: (561) 621-1360
Email: info@cvhlawgroup.com
About Pro Quip
Pro Quip, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-20194) on August 29,
2025, with $500,001 to $1 million in assets and $100,001 to
$500,000 in liabilities.
Judge Peter D. Russin presides over the case.
Chad T. Van Horn, Esq., represents the Debtor as legal counsel.
PROPHASE LABS: COVID Testing Subsidiaries Enter Chapter 11
----------------------------------------------------------
ProPhase Labs, Inc. a next generation biotech, genomics and
consumer products company, announced that its three COVID-19
testing laboratory companies filed for reorganization under Chapter
11 in United States Bankruptcy Court for the District of New
Jersey, advancing the Crown Medical Collections initiative to the
key next step.
This bankruptcy action is strictly limited to the Company's
COVID-19 lab testing units, which are collectively owed tens of
millions of dollars by insurance companies. Successful collections
have the potential to be multiples of the Company's current market
capitalization. As a reorganization, the Company is taking the
necessary steps to restore financial stability and position the
laboratories for long-term viability and growth. One objective of
the bankruptcy filing is to streamline and accelerate recovery of
funds that the Company believes were lawfully owed for approved and
completed testing services. In many instances, the insurance
companies had previously approved claims but underpaid the amounts
required by law. The Company is confident in the merits of these
claims and intends to pursue all available avenues in bankruptcy
court to collect these funds efficiently.
"Filing the lab subsidiaries in bankruptcy court was the critically
important next step that we have all been waiting for, said Ted
Karkus, CEO and Chairman of ProPhase Labs, Inc. "The Crown Medical
Collections group of attorneys will now directly approach these
insurance companies with litigation and the potential for early
settlements."
Mr. Karkus continued, "Crown Medical continues to estimate $50
million or more cash collections for the company net of all legal
and contingency fees. Crown Medical's $50 million net estimate also
includes Crown Medical's estimate for negotiations with the
insurance companies for expedited settlements instead of protracted
litigations. We may potentially enjoy significant collections
during Q4 of this year, that could be multiples of the entire
current market capitalization of the company."
Importantly, this process does not involve or impact ProPhase Labs,
Inc., the parent company, or its other initiatives. The Company
continues to advance significant projects, including the
development of a groundbreaking esophageal cancer test, the
BE-Smart(TM) esophageal test, that holds the promise of saving
thousands of lives and may reduce healthcare costs by billions of
dollars annually. The Company looks forward to positive updates on
next steps in the commercialization of this vital test shortly. In
addition, the company's Nebula Genomics and DNA Complete
subsidiaries continue to make strong progress with innovative
genomic and DNA-based testing.
Finally, the parent company's exploration of a crypto treasury
strategy is entirely unrelated to the bankruptcy proceeding
involving the lab subsidiaries.
The Company remains focused on innovation and growth in key areas
of health technology, and this legal action is a necessary step to
ensure that funds lawfully owed are collected and can be invested
in our continuing mission.
About ProPhase Labs Inc.
ProPhase Labs Inc. (Nasdaq: PRPH) is a next-generation biotech,
genomics and consumer products company. Its mission is to build a
healthier world through bold innovation and actionable insight. It
is revolutionizing healthcare with industry-leading Whole Genome
Sequencing solutions, groundbreaking diagnostic development, such
as our potentially life-saving test for the early detection of
esophageal cancer, and a world class direct-to-consumer marketing
platform for cutting edge OTC dietary supplements. ProPhase
develops, manufacture, and commercialize health and wellness
solutions to enable people to live their best lives. It is
committed to executional excellence, smart diversification, and a
synergistic, omni-channel approach. ProPhase Labs' valuable
subsidiaries, their synergies, and significant growth underscore
its potential for long-term value. www.ProPhaseLabs.com
About ProPhase Diagnostics NJ Inc.
ProPhase Diagnostics NJ Inc. develops genomic testing solutions,
potential cancer diagnostics and therapeutics, and manufactures and
markets consumer health and wellness products. The subsidiaries
operate within the diagnostics segment, providing laboratory
testing services that were primarily focused on COVID 19 during the
pandemic and are now engaged in efforts to recover large insurance
receivables tied to those operations.
ProPhase Diagnostics NJ Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D.N.J. Case No. 25-19833) on September
22, 2025. In its petition, the Debtor reports estimated assets of
$32,287,616 and estimated liabilities of $465,161.
Honorable Bankruptcy Judge Christine M. Gravelle handles the case.
The Debtor is represented by Thaddeus R. Maciag, Esq. at MACIAG
LAW, LLC.
QUALITY FIRST: Seeks to Hire Mark D Bohnet CPA LLC as Accountant
----------------------------------------------------------------
Quality First Construction LLC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of Louisiana to hire Mark
D Bohnet CPA LLC as accountant.
The firm's hourly rates are:
Amy Bodet (accounting) $180
Sherri Underwood (accounting) $180
Ellen Binnings (accounting) $180
Mark Bohnet (all services) $320
Larissa Lieser (tax related) $180
Mark Bohnet, a certified public accountant and principal at Mark D
Bohnet CPA LLC, disclosed in a court filing that his firm is
"disinterested" within the meaning of Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Mark Bohnet, CPA
Mark D Bohnet CPA, LLC
1433 W. Causeway Approach
Mandeville, LA 70471
Phone: (985) 231-5715
About Quality First Construction LLC
Quality First Construction LLC provides marine transportation,
construction, and logistics services along the Gulf Coast. Its
operations include coastal restoration, dredging, oil and gas
support, emergency response and salvage, vessel repairs and
maintenance, and environmental services. Founded in 2005, the
Company operates a fleet of vessels and continues to invest in
infrastructure and workforce development.
Quality First Construction LLC sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D. La. Case No.
25-11157) on June 6, 2025. In its petition, the Debtor reports
estimated assets and liabilities between $1 million and $10 million
each.
Honorable Bankruptcy Judge Meredith S. Grabill handles the case.
The Debtors are represented by Ryan J. Richmond, Esq. at STERNBERG,
NACCARI & WHITE, LLC.
QUALITY PROPERTIES: Hires Wembley's Inc. as Real Estate Broker
--------------------------------------------------------------
Quality Properties USA, LLC seeks approval from the U.S. Bankruptcy
Court for the Central District of California to employ Kamyar
Rezaie of Wembley's Inc. as real estate broker.
The firm's services include:
a. ordering, analyzing and preparing documentation necessary
to market the Debtor's property commonly known as 22128 Burton
Street, Canoga Park, CA 91304 for sale;
b. listing the Subject Property for sale on appropriate
listing services based on the nature of the property, responding to
purchase inquiries, and soliciting reasonable offers for the
Subject Property;
c. conveying all reasonable purchase offers to the Debtor,
advising the Debtor concerning the offers, and subject to the
Debtor's approval, confirming acceptance of offers;
d. on behalf of the Debtor, preparing any and all documents
require to consummate the sale of the subject property.
The broker will receive a total compensation of 1.5 percent of the
listing price or if purchase agreement.
Mr. Rezaie disclosed in the court filings that he is a
"disinterested person" within the meaning of 11 U.S.C. Sec.
101(14).
The broker can be reached through:
Kamyar Rezaie
Wembley's Inc.
5000 North Parkway Calabasas, Suite 114
Calabasas, CA 91302
Phone: (818) 703-9337
Email: krezaie@wembleysinc.com
About Quality Properties USA
Quality Properties USA, LLC filed voluntary Chapter 7 petition
(Bankr. C.D. Cal. Case No. 25-10021) on January 6, 2025. The case
was converted to one under Chapter 11 on April 4, 2025. In its
petition, the Debtor disclosed up to $1 million in both assets and
liabilities.
Judge Martin R. Barash oversees the case.
Anthony O. Egbase, Esq., and Shana Y. Stark, Esq., at A.O.E. Law
and Associates, APC represents the Debtor as counsel.
Velocity Commercial Capital, LLC, as lender, is represented by
Joshua M. Nyman, Esq., at Ramsaur Law Office.
RELIANT LIFE: Seeks to Hire Melville Capital as Insurance Broker
----------------------------------------------------------------
Reliant Life Shares, LLC seeks approval from the U.S. Bankruptcy
Court for the Central District of California to employ Melville
Capital to market and sell certain life insurance policies.
The firm will provide advisory and brokerage services relating to
the Debtor's right, title and interest in certain policies as both
the grantor of the trust that owns the policies and as a
beneficiary of the subtrust or trust that owns each of the
policies.
The firm's services include:
(i) advising the Debtor with respect to issues concerning the
valuation, marketing, sales or potential sales of the policies in a
manner designed to maximize the value of the policies, including,
without limitation, with respect to any conversion feature
contained in Policy;
(ii) if needed, and in accordance with the Health Insurance
Portability and Accountability Act of 1996 ("HIPAA"), collecting
health information on the Insured and various premium illustration
scenarios from the applicable carrier(s) under the policies (each,
a "Carrier");
(iii) soliciting and marketing the policies to potential
Purchasers;
(iv) educating potential Purchasers on the existence of the
Case;
(v) assisting the Debtor in recommending bidding procedures,
if necessary, with respect to the policies;
(vi) assisting the Debtor with negotiating and coordinating
the sale(s) of the policies;
(vii) assisting the Debtor with obtaining approval of the
Bankruptcy Court for any use of the grantor interest in the trust
to cause a sale of the policies;
(viii) assisting the Debtor with transferring the policies (in
whole and/or in part) to the successful Purchaser(s); and
(ix) providing such other related services which the Debtor
deems necessary or prudent to best maximize its interests as a
beneficiary of the policies, other than any services which, in
Melville's sole determination, contravene any of Melville's
professional standards or internal policies.
Melville will receive a cash fee equal to 5 percent of the purchase
price for each Policy.
As disclosed in the court filings, Melville is a "disinterested
person" within the meaning of 11 U.S.C. 101(14).
The firm can be reached through:
Doug Himmel
MELVILLE CAPITAL
42 Deer Park Avenue, 2nd Floor
Babylon, NY, 11702
Tel: (866) 511-5990
Email: INFO@MELVILLECAPITAL.COM
About Reliant Life Shares
Reliant Life Shares LLC is an investment service in Los Angeles,
California.
Reliant Life Shares LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code {Bankr. C.D. Cal. Case No. 24-11695) on Oct. 7,
2024. In the petition filed by Nicholas Rubin, chief restructuring
officer, the Debtor reports estimated assets and liabilities
between $10 million and $50 million each.
The Honorable Bankruptcy Judge Martin R. Barash oversees the case.
The Debtor tapped Raines Feldman Littrell LLP as counsel and Force
Ten Partners LLC as restructuring advisor. Stretto is the claims
agent.
RENAISSANCE ACADEMY: Moody's Upgrades Revenue Rating to Ba1
-----------------------------------------------------------
Moody's Ratings has upgraded Renaissance Academy, UT's revenue
rating to Ba1 from Ba2. The outlook is stable. The charter school
academy currently has $11.8 million in outstanding revenue debt.
The upgrade is driven by the academy's consistent enrollment
demand, steady operations, healthy spendable liquidity, and low
risk of charter nonrenewal by its state level authorizer.
RATINGS RATIONALE
The Ba1 rating reflects Renaissance Academy's solid competitive
profile as a provider of a unique dual language curriculum to
students in grades K-9. The academy's consistent student
enrollment and operational stability will continue to result in
healthy spendable liquidity and satisfactory annual debt service
coverage on outstanding revenue debt. The risk of charter
non-renewal is low, supported by the academy's competitive academic
performance and perpetual charter contract with the state
authorizer. Overall leverage is moderate, and annual fixed costs
will remain manageable.
RATING OUTLOOK
The stable outlook reflects the likelihood that the academy will
maintain near full enrollment for the foreseeable future, which
will contribute to steady operations and overall financial health.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATING
-- Material strengthening of competitive profile including
sustained full enrollment, bolstered student waitlist and improved
academic performance
-- Increased scale of operations while maintaining strong days
cash on hand, healthy EBIDA margins and increased annual debt
service coverage
-- Significant decrease to the academy's long-term leverage
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATING
-- Deterioration to the school's competitive profile including a
softening of enrollment or weakening of academic performance
-- Material narrowing of operating margins, annual debt service
coverage to below 1.1x, or decreases to days cash on hand
- Material increase in leverage
PROFILE
Renaissance Academy is a K-9 charter school located in Lehi, UT
(Aa1). The school offers a world language curriculum, with
offerings in Spanish, Arabic, and a dual-immersion Chinese program.
The school has operated since 2006 and currently enrolls
approximately 760 students. The school is authorized by the Utah
State Charter School Board and benefits from a perpetual charter.
METHODOLOGY
The principal methodology used in these ratings was US Charter
Schools published in April 2024.
REYNA HOSPITALITY: Samuel Dawidowicz Named Subchapter V Trustee
---------------------------------------------------------------
The U.S. Trustee for Region 2 appointed Samuel Dawidowicz as
Subchapter V trustee for Reyna Hospitality Group, Inc.
Mr. Dawidowicz will be paid an hourly fee of $565 for his services
as Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Dawidowicz declared that he is a disinterested person according
to Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Samuel Dawidowicz
215 East 68th Street
New York, NY 10065
Phone: (917) 679-0382
About Reyna Hospitality Group
Reyna Hospitality Group, Inc. sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-12020) on
September 16, 2025, listing between $500,001 and $1 million in
assets and liabilities.
Judge Lisa G. Beckerman presides over the case.
Robert Leslie Rattet, Esq., at Davidoff Hutcher & Citron, LLP
represents the Debtor as legal counsel.
RGN INVESTMENTS: Linda Leali Named Subchapter V Trustee
-------------------------------------------------------
The Acting U.S. Trustee for Region 21 appointed Linda Leali, Esq.,
as Subchapter V trustee for RGN Investments, LLC.
Ms. Leali will be paid an hourly fee of $450 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Leali declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Linda M. Leali
Linda M. Leali, P.A.
2525 Ponce De Leon Blvd., Suite 300
Coral Gables, FL 33134
Telephone: (305) 341-0671, ext. 1
Facsimile: (786) 294-6671
Email: leali@lealilaw.com
About RGN Investments LLC
RGN Investments, LLC filed a petition under Chapter 11, Subchapter
V of the Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-20830) on
September 17, 2025, with $100,001 to $500,000 in assets and up to
$50,000 in liabilities.
Judge Scott M. Grossman presides over the case.
The Debtor is represented by:
Joshua Liszt, Esq.
Liszt Law, P.A.
3200 N. Military Trail, Suite 110
Suite 100
Boca Raton, FL 33431
Phone: (561) 400-9053
josh@lisztlawpa.com
RHEUMATOLOGY WELLNESS: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------------
Rheumatology Wellness Care of WNY, PLLC received interim approval
from the U.S. Bankruptcy Court for the Western District of New York
to use cash collateral to fund operations.
The court's interim order authorized the Debtor to use cash
collateral in accordance with its budget pending the final hearing
on October 6.
As adequate protection, M&T Bank and other creditors holding
pre-bankruptcy liens will be granted roll-over or replacement liens
on the same assets that served as their pre-bankruptcy collateral.
As additional protection, M&T Bank will receive a monthly cash
payment of $3,561.78 from the Debtor.
The Debtor is a New York professional limited liability company
formed in 2015, wholly owned and managed by Dr. Mary Margaret
O’Neil.
As of the petition date, the Debtor reported secured debt to M&T
Bank in the approximate amount of $145,000, secured by a first lien
on all of its personal property; and to Kapitus LLC in the
approximate amount of $308,048, secured by a second lien. However,
the Debtor estimates that the total liquidation value of its assets
is only around $116,000, and it believes that the Kapitus lien is
wholly unsecured due to insufficient collateral value.
About Rheumatology Wellness Care of WNY
Rheumatology Wellness Care of WNY, PLLC sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. W.D. N.Y. Case No.
25-11089) on September 15, 2025. In the petition signed by Mary
Margaret O'Neil, MD, managing member, the Debtor disclosed up to
$500,000 in assets and up to $1 million in liabilities.
Judge Carl L. Bucki oversees the case.
Arthur G. Baumeister, Jr., Esq., at Baumeister Denz LLP, represents
the Debtor as legal counsel.
RIZO-LOPEZ FOODS: Taps Donlin Recano as Claims and Noticing Agent
-----------------------------------------------------------------
Rizo-Lopez Foods, Inc. seeks approval from the U.S. Bankruptcy
Court for the Eastern District of California to hire Donlin, Recano
& Company, LLC as the claims and noticing agent.
The firm will oversee the distribution of notices and will assist
in the maintenance, processing and docketing of proofs of claim
filed in the Debtor's Chapter 11 case.
The firm will bill these hourly fees:
Senior Bankruptcy Consultant $167 - $203
Case Manager $153 - $167
Consultant $126 - $149
Technology Programming $86 - $122
Clerical $40 - $50
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
The firm received a retainer in the amount of $15,000.
Lisa Terry, a senior legal director at Donlin, Recano & Company,
Inc., 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:
Lisa Terry
Donlin, Recano & Company, Inc.
48 Wall Street
New York, NY 10016
Telephone: (619) 346-1628
About Rizo-Lopez Foods, Inc.
Rizo-Lopez Foods, Inc. produces Mexican-style dairy products
including cheeses, sour creams, and desserts under the Tio
Francisco and Don Francisco brands.
Rizo-Lopez Foods, Inc. filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Ca. Case No.
25-25004) on September 15, 2025. At the time of filing, the Debtor
estimated $10 million to $50 million in assets and $50 million to
$100 million in liabilities. The petition was signed by Edwin Rizo
as chief executive officer.
Judge Christopher M Klein presides over the case.
Hagop T. Bedoyan, Esq. at MCCORMICK, BARSTOW, SHEPPARD, WAYTE &
CARRUTH represents the Debtor as counsel.
ROYAL OAKS: Fitch Lowers IDR to 'BB', Outlook Negative
------------------------------------------------------
Fitch Ratings has downgraded the rating on the following bonds
issued on behalf of Royal Oaks Life Care Community, AZ (Royal Oaks)
to 'BB' from 'BB+':
- $95,100,000 The Industrial Development Authority of the City of
Glendale, AZ Senior Living revenue bonds (Royal Oaks - Inspirata
Pointe Project), series 2020A;
- $32,500,000 The Industrial Development Authority of the City of
Glendale, AZ Senior Living revenue bonds, series 2016.
Fitch has also downgraded Royal Oaks' Issuer Default Rating (IDR)
to 'BB' from 'BB+'.
The Rating Outlook is Negative.
Entity/Debt Rating Prior
----------- ------ -----
Royal Oaks Life Care
Community (AZ) LT IDR BB Downgrade BB+
Royal Oaks Life
Care Community (AZ)
/General Revenues/1 LT LT BB Downgrade BB+
Royal Oaks' downgrade to 'BB' from 'BB+' reflects Inspirata
Pointe's expansion underperformance versus plan, prolonged cash
burn and weakening operating performance. Construction delays and
slower-than-expected fill have kept operating ratios above 120% in
FY 2024-FY 2025, with Fitch expecting them to remain above 110% for
the next several years.
Demand softened on the legacy campus, with independent living unit
(ILU) occupancy declining to 82% in FY 2025 from preconstruction
levels above 93%, while Inspirata Pointe is filling slowly at 89%
as of April 2025. The lag in occupancy has depressed revenue versus
projections and, alongside elevated expenses, reflects critically
weak cost containment. Although cash-to-adjusted debt remains
adequate at about 50% as of FYE 2025, continued operating pressure
is likely to erode headroom.
Furthermore, the Royal Oaks Board of Trustees has designated $5
million of unrestricted cash for transfer to Aventur, Royal Oaks'
parent formed in October 2024. Fitch views any transfers outside
the obligated group (OG) as detrimental to Royal Oaks' financial
stability until operating performance stabilizes, reinforcing the
downgrade.
Aventur acquired The Glen, a non-performing rental life plan
community (LPC) in Shreveport, LA, on May 1, 2025. While The Glen
sits outside the OG, Fitch remains concerned that Aventur could
transfer additional funds from Royal Oaks to support The Glen.
The Negative Outlook reflects Fitch's concern that cash burn will
persist as the current expansion continues to fill slowly, keeping
occupancy weak in existing ILUs and limiting revenue generation.
With muted top-line contribution, operating ratios are expected to
remain elevated, indicating continued operating pressure. Royal
Oaks is also considering a reconfiguration of its ALU which would
weaken liquidity. Taken together, these trends point to ongoing
strain on liquidity and leverage metrics, and are likely to drive
further deterioration of the balance sheet over the outlook
horizon.
SECURITY
The bonds are secured by a gross revenue pledge and mortgage pledge
of the OG. There is no debt service reserve fund (DSRF) associated
with the series 2016 bonds. A fully funded DSRF supports the series
2020A bonds.
KEY RATING DRIVERS
Revenue Defensibility - 'bbb'
Soft Occupancy
Royal Oaks is a single-site LPOC in Sun City, AZ (about 20 miles
northwest of Phoenix) with moderate local competition from three
other Type A/Type B communities within eight miles. While
management originally expected Inspirata Pointe to reach a
stabilized 95% ILU occupancy by May 2022, construction delays
postponed openings and the project has yet to achieve even 90%
occupancy, with 89% occupancy at end-April 2025. Presales for the
expansion were soft throughout construction — rising only from
30% in March 2020 to 82% by July 2023 — while occupancy in
existing ILUs has trailed the 94% forecast for several years,
slipping from consistently above 93% pre-expansion to 90% in 2023
and averaging 83% in FY 2025 (YE Feb. 28).
Management reports ongoing difficulty selling the south-facing
Flagstaff and Jerome units, citing buyer hesitancy due to heat and
glare exposure. To address this sales impediment and improve
marketability, Royal Oaks is installing motorized shades in these
units among other incentives.
Although Arizona issuers can face seasonal effects, multiple
seasons have passed without recovery, suggesting the newer units
may be siphoning demand from legacy ILUs and that weak sales
velocity in the expansion reflects broader softening in overall
demand. Assisted living (ALU) and memory care occupancy have
averaged about 75% over several years — below forecast
assumptions of 98% in ALUs and 91%-97% in memory care — though
weaker results are partly due to fewer direct admits, and Royal
Oaks does not rely heavily on external admissions and does not
offer skilled nursing.
If occupancy in Inspirata Pointe does not improve and existing ILU
occupancy further deteriorates, overall revenue defensibility could
be more consistent with a weak assessment; however, Fitch currently
expects the revenue defensibility profile to remain within the
midrange assessment given midrange pricing flexibility and sound
market characteristics.
Operating Risk - 'bb'
Weaker Operating Results Contributing to Cash Burn
Royal Oaks' operating metrics have deteriorated considerably since
the launch of Inspirata Pointe. Fitch expects Royal Oaks' operating
performance to improve after Inspirata Pointe fills but remain
consistent with the weak assessment. Royal Oaks' operating ratio
(OR) was above 120% in FY 2024 and FY 2025 reflecting operational
stress from lower-than-expected revenues due to the lagging
occupancy combined with high expenses.
The net operating margin (NOM) was also very weak at -10% in FY
2025, while NOM-adjusted was comparatively better but still modest
at 11%. These measures improved somewhat for the first quarter
ending May 2025 at 118.5% OR and 12.8% NOM-adjusted, but both
continue to indicate cash burn. Fitch expects cost management
metrics to improve incrementally as the expansion fills with
operating ratios decreasing to 110% by FY 2030. Failure to sustain
improved operating results will likely pressure Royal Oaks' cash
position further.
Royal Oaks' feasibility study projected an OR of approximately 105%
for FY 2025, but actual performance was over 120%, indicating
materially weaker operating leverage and mounting cost containment
pressure. The variance is driven by a combination of
higher-than-expected expenses and revenues falling short of
projections, the latter tied to lagging occupancy in both the
Inspirata Pointe expansion and legacy community. As fixed and
semi-fixed operating costs have not scaled down in line with softer
census and slower move-ins, the unfavorable mix of expense overruns
and revenue underperformance has pushed the operating ratio well
above feasibility expectations, underscoring the need for tighter
expense management and improved sales velocity to restore operating
metrics toward plan.
Capital related metrics are similarly expected to improve but
remain weak after stabilization. On average over the past four
years, revenue-only maximum annual debt service (MADS) coverage
averaged 0x, debt to net available has averaged 23.9 times and MADS
has averaged 21.3% of revenue. Fitch expects debt to net available
to approach 10x in FY 2030.
Capital Spending
Management actively invests in maintaining and expanding the campus
with capital expenditures averaging over 400% of depreciation over
the past five years. The average age of plant is favorably low at
approximately eight years reflecting the newly constructed
Inspirata Pointe.
Management is evaluating a campus reconfiguration that would close
the outdated care center located in the middle of the campus and
consolidate all health services on the east side. The proposed plan
is intended to reduce operating expenses by concentrating personnel
and clinical resources in a single area, improving staffing
efficiency, coverage, and workflow. To replace the current care
center, management is considering constructing a smaller,
approximately 16-unit healthcare building on the east side that
better aligns with current demand and care delivery models.
Management anticipates funding the project from excess cash flow.
The proposed healthcare center project remains preliminary and has
not entered the design phase; therefore, reliable cost estimates
and timelines are not yet available. As a result, Fitch did not
include this project — or any other discretionary capital
initiatives — in its capital expenditure projections for Royal
Oaks. Current capex expectations reflect routine maintenance and
lifecycle replacements only, consistent with sustaining the
existing plant rather than expanding or reconfiguring facilities.
Financial Profile - 'bb'
Weakened Financial Profile
Unrestricted cash and investments totaled approximately $61 million
at audited FYE25, equating to about 565 days cash on hand and
roughly 48% cash-to-adjusted debt, providing a moderate but
diminishing liquidity buffer as Inspirata Pointe continues to fill.
Continued operating pressure from elevated expenses and lagging
revenues is slowly eroding balance sheet flexibility, with
unrestricted cash and investments declining to about $58 million as
of May 31, 2025 from roughly $65 million at FYE24.
Given Royal Oaks' midrange revenue defensibility and elevated
ongoing operating risk from the expansion, Fitch expects the
financial profile to remain at the low end of the 'bb' assessment
through the stress case. MADS coverage has aligned with a weak
assessment, averaging about .8x over the past four years.
FY 2025 MADS coverage was 2.1x, driven primarily by $2.6 million of
donations and $8.4 million of investment gains; excluding these
nonrecurring items, FY 2025 MADS coverage was approximately 0.6x
and revenue-only MADS coverage was negative .3x, underscoring
limited underlying cash flow relative to debt service. Management
indicates it expects to meet the 1.2x DSCR covenant on FY 2026
results. Absent improved cost-containment measures and a sustained
increase in occupancy, the balance sheet cushion is likely to
contract further.
Asymmetric Additional Risk Considerations
Fitch views governance and management as an asymmetric risk for
Royal Oaks given the lack of clear independence from Aventur, the
parent organization. Management reports there is sufficient
separation between the two entities; however, the CEO and CFO of
Aventur are the former COO and CFO of Royal Oaks. Decision
authority and controls appear insufficiently segregated between the
OG and the parent, elevating the risk that Royal Oaks' resources
could be redirected to broader system objectives that do not align
with its near-term credit stabilization.
Transfers from Royal Oaks to Aventur have already occurred, and
current governance controls do not provide robust guardrails to
prevent additional outflows despite Royal Oaks' weakened operating
profile. The MTI prohibits transfers exceeding 10% of total
operating revenues for the OG and transfers that would result in a
DSCR of less than 1.2x. Royal Oaks is also expected to pay
management fees to Aventur in the future, with stipulations that
such fees will not cause a covenant violation; while this
constraint is positive, it does not fully mitigate the potential
for cash leakage before operating performance stabilizes.
Fitch believes that the timing and direction of cash movements are
misaligned with Royal Oaks' former 'BB+' credit position. The
Inspirata Pointe expansion has not fully stabilized, with occupancy
well behind forecasts, sales velocity lagging in Royal Oaks'
existing ILU product, and operating ratios elevated. Cash burn
remains higher than projections and has not moderated sufficiently
to support discretionary transfers without compromising liquidity
and balance sheet headroom.
Risk is further exacerbated by the fact that the retirement
community acquired by Aventur is in a separate geographic location
(Shreveport, LA) and was unable to meet both its days cash on hand
and coverage covenants as of FYE 2024. According to the latest
disclosure on EMMA, The Glen is currently working to stabilize its
own expansion project and had only 84 days cash on hand and 1.2x
coverage. In Fitch's view, any transfers outside the OG prior to
operating stabilization are credit negative and heighten downside
risk.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Royal Oaks' liquidity position offers limited financial cushion.
Failure to reach cash-to-adjusted above 30% even in a stress case
would pressure the rating further;
- Operating ratios sustained above 115%, NOM-adjusted sustained
below 11% and revenue-only MADS coverage sustained below 0.25x;
- Deterioration in ILU occupancy below 86% in the existing
community, deterioration in occupancy in Inspirata Pointe below 80%
would further pressure the rating.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Positive rating action is not likely in the near term and would
require sustained operating improvement and stabilized occupancy;
- The Outlook could be revised to Stable if cost containment leads
to operating ratios expected to remain approximately 105% or
lower.
PROFILE
People of Faith, Inc., d/b/a Royal Oaks (the corporation), is a
Type A life plan community with 502 ILUs, 119 ALUs, and 56 memory
care private suites located in Sun City, AZ.
The OG includes the corporation only. There is a limitation on
asset transfers outside the OG under the indenture; they are
limited to 10% of total assets. The consolidated financials include
two non-OG members, Cactus Sky Holdings, LLC and People of Faith
Foundation Inc. (the foundation). Cactus Sky Holdings' purpose is
to purchase and hold land for future development. The foundation's
primary purpose is to support the corporation. The foundation had
cash and investments of $28.5 million at FYE25.
In October 2024, Royal Oaks established a parent company, Aventur,
Inc., and modified its articles of incorporation and bylaws to
state the Aventur, Inc. is the sole member of Royal Oaks. Aventur,
Inc. manages the Glen, a rental LPC in Shreveport, LA. Former Royal
Oaks CFO Carter Smitherman is the CFO of Aventur. Carter continues
to represent Royal Oaks on public disclosure calls.
The corporation had a development fund which maintained funds for
capital projects and program enhancements. The corporation's board
approved a decision to consolidate philanthropic efforts that
resulted in the transfer of the assets and liabilities of the
development fund to the foundation in FY 2020. Fitch uses the
corporation only (OG) column in its analysis. Total operating
revenue in FY 2025 for the corporation was $30 million.
Sources of Information
In addition to the sources of information identified in Fitch's
applicable criteria specified below, this action was informed by
data from DIVER by Solve.
ESG Considerations
Royal Oaks Life Care Community (AZ) has an ESG Relevance Score of
'4' for Management Strategy due to governance practices that have
negatively affected credit quality, including cash transfers
outside the obligated group at a time when Royal Oaks should be
preserving liquidity. which has a negative impact on the credit
profile, and is relevant to the rating[s] in conjunction with other
factors.
Royal Oaks Life Care Community (AZ) has an ESG Relevance Score of
'4' for Group Structure due to the parent's acquisition of a
non-performing asset in a distant geographic region. These factors
elevate asymmetric risk and are relevant to the ratings in
conjunction with other considerations., which has a negative impact
on the credit profile, and is relevant to the rating[s] in
conjunction with other factors.
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.
SAN MATEO IG: Court OKs Interim Use of Cash Collateral
------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Texas,
McAllen Division, granted San Mateo IG, LLC interim approval to use
cash collateral to fund operations.
The interim order authorized the Debtor to utilize cash collateral
for the expenditures outlined in its budget.
Additionally, the Debtor was authorized to pay monthly payments of
$1,000 to the Subchapter V trustee from cash collateral.
A final hearing is scheduled for October 15.
ABL RPC Residential Credit Acquisition, LLC, the Debtor's secured
creditor, holds a senior lien on virtually all of the Debtor's
assets, including real estate, accounts, and intangible property,
pursuant to a loan and security agreement dated April 22, 2024, and
documented by a UCC-1 filing with the Texas Secretary of State.
Despite negotiations, ABL has not consented to the use of cash
collateral, requiring the Debtor to seek court approval.
The Debtor owns 12 leased residential townhomes in McAllen, Texas,
which generate rental income used to pay for insurance, taxes, and
bankruptcy-related services. Formed in 2024, San Mateo continues to
operate as a debtor-in-possession following its Chapter 11 filing
on August 4.
A copy of the Debtor's budget is available at
https://shorturl.at/uBLr9 from PacerMonitor.com.
About San Mateo IG
San Mateo IG, LLC filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. S.D. Texas Case No. 25-70219) on
August 4, 2025, with $1,000,001 to $10 million in assets and
liabilities.
Judge Eduardo V. Rodriguez presides over the case.
Michael G. Colvard, Esq. at Martin & Drought, P.C. represents the
Debtor as legal counsel.
ABL RPC Residential Credit Acquisition, LLC, as secured creditor is
represented by:
Travis H Gray, Esq.
Jack O'Boyle & Associates
P.O. Box 815369
Dallas, TX 75381
Phone: 972.247.0653
Fax: 972.247.0642
ecf@jackoboyle.com
SCARLET KITCHEN: Claims to be Paid From Available Cash and Income
-----------------------------------------------------------------
Scarlet Kitchen & Lounge, LLC filed with the U.S. Bankruptcy Court
for the Central District of California a Plan of Reorganization for
Small Business dated September 15, 2025.
The Debtor is a California limited liability company formed in
2018. Its principal place of business is located at 30865 Gateway
Pl, Mission Viejo, CA 9269.
Paige Riordan is the Debtor's Managing Member and Executive Chef.
Ms. Riordan holds a 76% interest in the Debtor. Her separated
spouse, Matthew Riordan, holds a 24% interest in the Debtor.
On the Petition Date, the property of Debtor's estate consisted of
(i) cash of $305, (ii) accounts receivable of $3,325, (iii) food
and alcohol inventory worth $22,000, (iv) dining furniture and
kitchen equipment worth approximately $170,965, and (v) an Alcohol
Beverage Control (ABC) license worth approximately $80,000.
The claims against the Debtor's bankruptcy estate total
$780,310.60. This Plan has a 60-month term which ends on December
31, 2030. Over this term, the Debtor will have $300,000.00 in
projected disposable income.
Under the Plan, the Debtor proposes to pay $311,784.49 to
creditors. Plan payments will be paid on a quarterly basis with
each quarterly payment due not later than the last day of each
calendar quarter (i.e., March 31, June 30, September 30, and
December 31).
This Plan of Reorganization proposes to pay creditors of the Debtor
from disposable operating income from normal business operations.
Overall, the Plan projects to pay a 20.9% distribution to general
unsecured creditors. With respect to each class of creditors, the
Plan provides as follows:
* The Plan provides for the payment of administrative expense
claims ($42,483.12 est.) in full by 3Q'26, and payment of priority
tax claim in full (and with 7% interest) by 1Q'29.
* The Plan provides for the payment of $120,000.00 total to
general unsecured claims from 1Q'29 to 4Q'30, which shall be
distributed pro rata to holders of allowed general unsecured
claims.
Class 3(a) consists of General Unsecured Claims. Each allowed Class
3(a) claim shall receive a pro rata distribution of equal quarterly
payments in the amount of $15,000.00 beginning in 1Q'29 and ending
in 4Q'30. The allowed unsecured claims total $615,787.25. This
Class is impaired.
The Class 3(b) claim constitute past-due rent payments and related
charges for the months of April, May, and June 2025. Debtor has
been informed that the underlying lease was assigned from Sendero
Retail LLC to Regency Centers in or around August 2025. Under this
Plan, Debtor will assume the lease and cure the past-due arrears
pursuant to Section 365 of the Bankruptcy Code. The Class 3(b)
claim will be in paid in full with equal quarterly payments in the
amount of $10,638.84 beginning in 1Q'26 and ending in 4Q'26. The
amount of claim in this Class total $42,555.37.
Each holder of a Class 4 Interest will retain their rights and
interests without impairment and will not receive any payments on
account for their Class 4 Interests during the life of the Plan.
The Plan will be funded with the following: (i) cash on hand, (ii)
Debtor's protected disposable income over a period of sixty months,
and (iii) pursuit of other estate claims and causes of action, if
any.
A full-text copy of the Plan of Reorganization dated September 15,
2025 is available at https://urlcurt.com/u?l=RttJwl from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Donald W. Reid, Esq.
LAW OFFICE OF DONALD W. REID
PO Box 2227
Fallbrook, CA 92088
Telephone: (951) 777-2460
E-mail: don@donreidlaw.com
About Scarlet Kitchen & Lounge
Scarlet Kitchen & Lounge, LLC is a California limited liability
company formed in 2018.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-11641) on June 17,
2025, listing up to $500,000 in assets and up to $1 million in
liabilities. Paige Riordan, owner and executive chef, signed the
petition.
Judge Scott C. Clarkson oversees the case.
Donald Reid, Esq., at the Law Office of Donald W. Reid, represents
the Debtor as legal counsel.
SEQUOIA GROVE: Gets Interim OK to Use Cash Collateral
-----------------------------------------------------
Sequoia Grove, Inc. received interim approval from the U.S.
Bankruptcy Court for the Southern District of Texas, Houston
Division, to use the cash collateral of Wells Fargo Bank, N.A. to
fund operations.
The interim order authorized the Debtor to use the bank's cash
collateral in accordance with its budget through October 14 or
until occurrence of so-called termination events that are not cured
by the Debtor or waived by the bank.
Termination events include violation of the interim order; failure
to provide required financial disclosures; failure to file a
Chapter 11 plan by December 15; failure to confirm a plan by
February 13, 2026; and dismissal or conversion of the Debtor's
Chapter 11 case.
To protect Wells Fargo's interests, the court granted the bank
superpriority claims and replacement liens on the Debtor's assets,
subordinate only to the fee carveout. These liens do not apply to
any Chapter 5 avoidance actions.
In addition, the Debtor must make monthly payments of $4,438.31 to
cover principal and interest due under the promissory note.
The next hearing is set for October 15.
The Debtor said it needs to use cash collateral, including cash,
accounts receivable, and proceeds from inventory, to pay employees
and maintain regular business operations. The collateral is subject
to a secured loan from Wells Fargo, which has a perfected security
interest in all of the Debtor's business assets, including real
property and certain vehicles. The outstanding loan balance is
approximately $1.55 million and monthly payments of $16,161 are due
under the loan terms.
The Debtor filed for Chapter 11 on September 16 under Subchapter V,
and no trustee has been appointed. The business employs seven
salaried workers and operates in pool and outdoor construction
services. As of the filing, the Debtor had only $14,203 in cash and
no accounts receivable.
A copy of the interim order is available at https://is.gd/O3SRBG
from PacerMonitor.com.
About Sequoia Grove, Inc.
Sequoia Grove, Inc. doing business as GM Outdoor Living, Pool &
Spa, designs, builds, renovates, and maintains custom swimming
pools, outdoor living spaces, and kitchens for residential clients
in the Greater Houston area from its base in Humble, Texas. The
Company also partners with third-party financial institutions to
provide customer financing for pool construction and outdoor living
projects.
Sequoia Grove sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-35441) on September
16, 2025. In the petition signed by Martin Rafter, president and
CEO, the Debtor disclosed up to $500,000 in assets and up to $10
million in liabilities.
Judge Jeffrey P. Norman oversees the case.
Leonard Simon, Esq., at Pendergraft & Simon, LLP, represents the
Debtor as legal counsel.
SF OAKLAND: Seeks to Use Cash Collateral
----------------------------------------
SF Oakland Bay LLC asks the U.S. Bankruptcy Court for the Northern
District of California for authority to use cash collateral and
provide adequate protection.
The Debtor operates a parking garage located at 401 Main Street/38
Bryant Street in San Francisco, which serves nearby residential and
commercial buildings. The Debtor's entire revenue stream consists
of monthly parking fees, which are vital for meeting ordinary
business expenses and administrative costs during the bankruptcy.
Due to financial distress caused by restrictive long-term license
agreements that limit rate increases while operating costs continue
to rise, the Debtor seeks court permission to use existing and
future revenues -- classified as cash collateral -- to fund ongoing
operations, including loan payments, HOA dues, insurance, property
taxes, and professional fees.
The Debtor identifies four creditors with potential interests in
the cash collateral, in order of lien priority. First, the Bank of
Hawaii holds a first deed of trust on the garage, which includes a
security interest in rents and personal property, and has
stipulated to allow the use of cash collateral under certain terms,
including maintaining current payments and receiving replacement
liens. Second, the U.S. Small Business Administration holds a
perfected second lien, and the Debtor proposes granting it a
replacement lien and maintaining current loan payments as adequate
protection. Third, 21st Century Corporation, an insider, holds a
third-priority deed of trust and has also consented to the Debtor's
proposed use of funds. Fourth, Continental Casualty Insurance
claims a fourth priority interest through a personal property
judgment lien filed just 68 days before the bankruptcy filing. The
Debtor argues that this lien is preferential and subject to
avoidance under 11 U.S.C. Section 547, and thus no adequate
protection is proposed for CCI.
The Debtor relies on 11 U.S.C. 552(b)(1) to assert that the first
three liens continue to attach to post-petition revenues, since
each lender has a valid security interest in rents, profits, or
account proceeds. However, the Debtor also proposes, as an
alternative, granting replacement liens to the secured creditors to
preserve their rights.
CCI, lacking a consensual security agreement, does not qualify for
continued lien rights on post-petition assets under 11 U.S.C.
either sections 552(b)(1) or 552(b)(2). Because its lien was
created shortly before the petition date to enforce a pre-existing
judgment, the Debtor considers it preferential and believes it
should ultimately be avoided. The Debtor emphasizes that operations
cannot continue without access to these funds and that no known
objections have been raised by non-consenting lienholders. With
consents already secured from the Bank of Hawaii and 21st Century,
and given the preferential nature of CCI's lien, the Debtor
believes the interests of all creditors are adequately protected
and asks the court to approve the motion.
A hearing on the matter is set for October 16, 2025.
About SF Oakland Bay LLC
SF Oakland Bay, LLC operates a parking garage located at 401 Main
Street/38 Bryant Street in San Francisco, which serves nearby
condominiums, offices, and residences.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Calif. Case No. 25-30699) on September
3, 2025, listing up to $10 million in assets and liabilities.
Judge Hannah L. Blumenstiel oversees the case.
Peter Hadiaris, Esq., at the Law Office of Peter N. Hadiaris,
represents the Debtor as bankruptcy counsel.
SHARPLINK GAMING: Continues Stock Buyback; ETH Treasury Hits $3.86B
-------------------------------------------------------------------
SharpLink Gaming, Inc. announced the purchase of 1,000,000 shares
of its common stock at an average purchase price of $16.67 per
share as part of the Company's ongoing stock buyback program, which
was initially announced in late August 2025.
Key Highlights for the Week Ending September 14, 2025
* No capital was raised through the ATM facility.
* Total staking rewards rose to 3,240 ETH since launching
SharpLink's treasury strategy on June 2, 2025.
* Total ETH holdings increased to 838,152, currently valued at
$3.86 billion.
* ETH Concentration is 3.97, up over 98% since June 2, 2025.
A total of 1,938,450 shares of common stock have been repurchased
by the Company since initiating its stock buyback program earlier
this month, inclusive of the 1,000,000 share buyback which occurred
on Monday, September 15, 2025.
The Company continues to believe its common stock is significantly
undervalued in the market, and that stock repurchases represent the
best method to maximize stockholder value under current market
conditions. As of September 14, 2025, SharpLink had a NAV of $3.86
billion, representing a NAV per fully diluted share of
approximately $18.55*, and no outstanding debt obligations.
Moreover, nearly 100% of its ETH is staked, generating material
revenue for the Company. SharpLink expects to continue repurchasing
additional shares based on market conditions using cash on hand,
cash available from operating activities like staking, or
alternative forms of financing.
Joseph Chalom, Co-CEO of SharpLink, stated "Ethereum is rapidly
emerging as the cornerstone of the digital asset economy, with
momentum accelerating as institutions announce tokenization across
stocks and funds, regulators provide greater clarity across global
markets, and central banks prepare for easing monetary policy. We
are excited about the historic opportunity and believe SharpLink is
uniquely positioned to participate in, and help demonstrate, the
transformative potential of Ethereum."
"We continue to be focused on stockholder value. By expanding our
ETH concentration, we are reinforcing our commitment to align the
long-term interests of SharpLink, Ethereum and our shareholders,
while showcasing how digital assets can be responsibly and
strategically deployed to drive meaningful value creation,"
concluded Chalom.
* The sum of the current market cap of SBET using assumed diluted
shares outstanding plus our total debt, less our most recently
reported cash balance. Does not factor in cash proceeds from
warrant exercises. Assumed diluted shares outstanding represents
the sum of:
(i) the Company's actual shares of common stock issued and
outstanding as of the end of each reporting period, inclusive of
any disclosed ATM sales, plus
(ii) the additional shares that would be issued upon the
assumed exercise or settlement of all outstanding warrants,
pre-funded warrants, stock option awards, and restricted stock
units.
About SharpLink Gaming
SharpLink Gaming, Inc., operates as a marketing partner to
sportsbooks and online casino gaming operators globally. SharpLink
Gaming operates as a marketing partner to sportsbooks and online
casino gaming operators globally. Based in Minneapolis, Minnesota,
the Company operates PAS.net, an affiliate marketing network that
facilitates player acquisition and engagement for regulated iGaming
operators. It also manages a portfolio of state-specific affiliate
websites targeting local sports betting and online casino
audiences. It also manages a portfolio of state-specific affiliate
websites targeting local sports betting and online casino
audiences.
Cherry Bekaert LLP, the Company's auditor since 2022, included a
"going concern" qualification in its audit report dated March 14,
2025, for the fiscal year ended December 31, 2024. The firm cited
recurring losses and negative operating cash flows as factors that
raise substantial doubt about the Company's ability to continue
operating.
As of Dec. 31, 2024, the Company had $2.57 million in total assets
against $488,300 in total liabilities. As of June 30, 2025, the
Company had $453.92 million in total assets, including $382.4
million in digital tangible assets, against $1.393 million in total
liabilities.
SHERWOOD HOSPITALITY: Seeks Cash Collateral Access
--------------------------------------------------
Sherwood Hospitality Group, LLC and DVKOCR Tigard, LLC ask the U.S.
Bankruptcy Court for the District of Oregon for approval of a fifth
modification to a previously entered order, which governs the use
of cash collateral that are subject to secured creditors' liens.
Specifically, the Debtors seek to extend their authority to use
cash collateral from September 18 to a new proposed outside date of
October 20. This extension would allow them to continue operating
under the same terms and conditions already established in the
existing cash collateral agreements, subject to one new
modification.
Both Debtors own and manage single asset real estate properties,
which fall under a special category defined by the Bankruptcy Code.
The cash collateral in question is primarily tied to liens held by
secured creditors L-O Sherwood Finance, LLC and L-O Tigard Finance,
LLC.
In addition to the date extension, the Debtors are seeking to
modify Paragraph 9d of the cash collateral order by adding a new
condition under which the authority to use cash collateral would
terminate. The added clause stipulates that if the court grants
relief from the automatic stay in favor of the lien creditors
concerning either of the real estate properties, the Debtors'
access to cash collateral will terminate, following any temporary
stay that may be ordered.
The Debtors further note that all other provisions of the original
cash collateral order, as well as the four previously modified
versions, will remain in full force and effect unless specifically
modified by a court order. The Debtors emphasize that this fifth
stipulated modification is consistent with the Bankruptcy Code,
particularly with 11 U.S.C. Section 363(c)(2)(A), which allows the
use of cash collateral with creditor consent.
The Debtors previously obtained court approval to use the cash
collateral of L-O Sherwood Finance, LLC and L-O Tigard Finance,
LLC. The court's order extended the original expiration date of
August 18 to September 18.
About Sherwood Hospitality Group
Sherwood Hospitality Group LLC, doing business as Hampton Inn
Sherwood Portland, operating as Hampton Inn Sherwood Portland, is a
hospitality company based in Sherwood, Oregon. The Company manages
a hotel offering amenities like free breakfast, free Wi-Fi, a
heated indoor pool, and a fitness center.
Sherwood Hospitality Group LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Or. Case No. 25-30484) on
February 17, 2025. In its petition, the Debtor reports estimated
assets between $1 million and $10 million and estimated liabilities
between $10 million and $50 million.
Judge Peter C. Mckittrick handles the case.
The Debtor is represented by Douglas R. Ricks, Esq., at Sussman
Shank, LLP.
Secured creditors L-O Sherwood Finance, LLC and L-O Tigard Finance,
LLC are represented by Ballard Spahr, LLP. Ballard Spahr may be
reached through:
David W. Criswell, Esq.
Andrew J. Geppert, Esq.
Alena Ivanov, Esq.
Ballard Spahr LLP
601 SW Second Ave., Suite 2100
Portland, OR 97204
Telephone: 503.778.2100
criswelld@ballardspahr.com
gepperta@ballardspahr.com
ivanova@ballardspahr.com
SIERRA NEVADA: Hires Harris Law Practice as Bankruptcy Attorney
---------------------------------------------------------------
Sierra Nevada Builders, L.L.C. seeks approval from the U.S.
Bankruptcy Court for the District of Nevada to hire Harris Law
Practice LLC as bankruptcy attorneys.
The firm will render these services:
a) examine and prepare records and reports as required by the
Bankruptcy Code, Federal Rules of Bankruptcy Procedure and Local
Bankruptcy Rules;
b) prepare applications and proposed orders to be submitted to
the Court;
c) identify and prosecute claims and causes of action
assertable by Debtor on behalf of the estate;
d) examine proofs of claim anticipated to be filed and the
possible prosecution of objections to certain claims;
e) advise the Debtor and prepare documents in connection with
the contemplated ongoing operation of the Debtor’s business;
f) assist and advise the Debtor in performing other official
functions as set forth in Section 521, et seq., of the Bankruptcy
Code; and
g) advise and prepare a plan of reorganization, and related
documents, and confirmation of said plan, as provided in Section
1121, et seq., of the Bankruptcy Code.
The firm will be paid at these hourly rates:
Stephen R. Harris, Esq. $635
Norma Guariglia, Esq. $525
Paraprofessional services $175
On August 8, 2025, the Debtor paid Harris Law an advance retainer
of $7,500.
Stephen R. Harris, Esq., a partner at Harris Law Practice, assured
the court that his firm is a "disinterested person" within the
meaning of 11 U.S.C. 101(14).
The counsel can be reached through:
Stephen R. Harris, Esq.
Harris Law Practice LLC
850 E. Patriot Blvd., Suite F
Reno, NE 89511
Tel: (775) 786-7600
Fax: (775) 786-7764
Cell: (775) 690-9120
Email: steve@harrislawreno.com
About Sierra Nevada Builders
Sierra Nevada Builders, L.L.C. filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. D. Nev. Case No.
25-50741) on August 13, 2025, with up to $50,000 in assets and
$100,001 to $500,000 in liabilities.
Judge Hilary L. Barnes presides over the case.
Stephen R. Harris, Esq., at Harris Law Practice, LLC represents the
Debtor as bankruptcy counsel.
SIMBA IL HOLDINGS: John-Patrick Fritz Named Subchapter V Trustee
----------------------------------------------------------------
The U.S. Trustee for Region 16 appointed John-Patrick Fritz as
Subchapter V trustee for Simba IL Holdings, LLC.
Mr. Fritz will be paid an hourly fee of $725 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred. The compensation for his trustee administrators
(Jason Klassi, Linda Riess and Connie Ray) is $300 per hour.
Mr. Fritz declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
John-Patrick M. Fritz
Levene, Neale, Bender, Yoo & Golubchik, L.L.P.
2818 La Cienega Avenue
Los Angeles, CA 90034
Telephone: (310) 229-1234
Facsimile: (310) 229-1244
About Simba IL Holdings
Simba IL Holdings, LLC operates as a nonbank holding company that
manages equity interests in subsidiary businesses.
Simba IL Holdings filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-12616) on
September 16, 2025, with $10 million to $50 million in assets and
$100 million to $500 million in liabilities. Mordechai H. Ferder,
manager, signed the petition.
Leonard M. Shulman, Esq., at Shulman Bastian Friedman Bui & O'Dea,
LLP represents the Debtor as legal counsel.
SINOBEC GROUP: To Sell Aluminum Assets to Acquisition Canalum
-------------------------------------------------------------
PricewaterhouseCoopers Inc., in its capacity as the duly-appointed
foreign representative of Sinobec Group Inc. and its affiliates,
seeks permission from the U.S. Bankruptcy Court for the Northern
District of Illinois, Western Division, to sell Assets, free and
clear of liens, claims, interests, and encumbrances.
On May 23, 2025, the Debtors commenced the Canadian Proceeding
under the CCAA to initiate a restructuring under the supervision of
the Canadian Court.
On May 26, 2025, the Canadian Court entered: (a) the First Day
Initial Order, which, among other things, ordered a broad stay of
proceeding against the Debtors and their properties, appointed the
Foreign Representative as the Monitor in the Canadian Proceeding
(Monitor), and declared the Province of Quebec as the "centre of
main interest" of the Debtors.
The Debtors want to sell Assets to Acquisition Canalum Inc., and to
assign certain of the Debtors'
contracts to Purchaser.
The purchase price payable for the Purchased Assets, exclusive of
all applicable sales and transfer Taxes, shall be the amount of
$20,175,000 payable in cash.
On September 16, 2025, the Monitor filed an Application for the
Issuance of an Approval and Vesting Order in the Canadian
Proceeding.
In light of the Debtors’ current circumstances and after careful
consideration of all alternatives, the Monitor determined
Acquisition Canalum's offer was the most advantageous to the
Debtors and their stakeholders.
The principal shareholder of the Purchaser is AA Metals Inc., a
Florida-based company. The Foreign Representative understands that
AA Metals is well-known within the aluminum industry and that,
post-closing, it intends to leverage its strategic position with
respect to the Purchased Assets.
The purchased assets are all of the Seller Group Members right,
title and interest, in, to and under, or relating to, the following
properties, assets and rights owned or used or held for use by the
Seller Group Members' in connection with the Business.
The Foreign Representative believes that the terms of the Purchase
Agreement and Vesting Order are reasonable and fair under the
circumstances, and that the Sale Transaction provides the highest
and best return for the Debtors' assets.
The Foreign Representative submits that consummating the Sale
Transaction on an expedited basis is critical to preserving the
value of the Purchased Assets. The Foreign Representative
understands that the Lenders are supportive of the Sale
Transaction.
The Foreign Representative seeks entry of the Order, recognizing
and enforcing the Vesting Order; approving the Sale Transaction,
including the assumption and assignment of the Assigned Agreements;
and granting related relief.
The Foreign Representative submits that the sale of the Purchased
Assets free and clear of all liens, claims, and interests, as
provided in the Vesting Order and the Proposed Order, satisfies the
statutory prerequisites of section 363(f) of the Bankruptcy Code.
The Foreign Representative submits that a sale to Acquisition
Canalum of the Purchased Assets free and clear of all liens,
claims, encumbrances, and other interests is consistent with the
best interests of the Debtors' estates and creditors.
The relief sought by the Foreign Representative herein is time
sensitive and is necessary for the Debtors to implement the Sale
Transaction in compliance with the timing requirements set forth in
the Purchase Agreement.
About Sinobec Group Inc.
Sinobec Group Inc.is a privately held North American suppliers of
niche aluminum and related products, operating from their
headquarters in St-Laurent, Quebec, with assets across Canada and
the United States. They source and distribute aluminum sheets,
coils, billets, ingots, extrusions, stainless steel, and other
industrial components to over 600 customers in sectors such as
aerospace, transportation, construction, and renewable energy. A
small share of revenue comes from B2B retail distribution of
sanitary ware and aluminum-based building products.
Sinobec Group sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Il.) on May 26, 2025. The Debtors disclose
unknown estimated assets and liabilities. The other debtor
affiliates are Sinobec Resources LLC, Sinometal Resources Inc.,
9184872 Canada Inc., Canadian Metal Service Center Inc., Marquis
Metal Material Inc., Icon Best Shower and Railings USA, Inc.,
Sinobec Trading Inc., Icon Best Shower Enclosures and Railings
Inc., and Icon Best Product Solutions USA Inc.
The Foreign Representative is PricewaterhouseCoopers Inc. The
Foreign Representative's counsel is David A. Agay, Esq., at
MCDONALD HOPKINS LLC, in Chicago Illinois.
SKYWISE LOUNGE: Hires Wisdom Professional Services as Accountant
----------------------------------------------------------------
Skywise Lounge LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of New York to hire Wisdom Professional
Services Inc as accountant.
The firm will provide these services:
a. gather and verify all pertinent information required to
compile and prepare monthly operating reports; and
b. prepare monthly operating reports for the Debtor in
Bankruptcy Case.
The firm will be paid at $300 per report
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Michael Shtarkman, a Certified Public Accountant at Wisdom
Professional, Services, Inc., disclosed in a court filing that the
firm is a "disinterested person" as the term is defined in Section
101(14) of the Bankruptcy Code.
The firm can be reached at:
Michael Shtarkman, CPA
Wisdom Professional, Services, Inc.
626 Sheepshead Bay Road Suite 640
Brooklyn, New York 11224
626 Sheepshead Bay Road Suite 640
Brooklyn, NY 11224
Tel: (718) 554-6672
Email: mshtarkmancpa@gmail.com
About Skywise Lounge LLC
Skywise Lounge LLC filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No.
24-45066) on Dec. 2, 2024, listing $500,001 to $1 million in both
assets and liabilities.
Judge Jil Mazer-Marino presides over the case.
Alla Kachan, Esq. at Law Offices Of Alla Kachan P.C. represents the
Debtor as counsel.
SO-BEN REALTY: Section 341(a) Meeting of Creditors on October 20
----------------------------------------------------------------
On September 18, 2025, So-Ben Realty LLC filed Chapter 11
protection in the District of Massachusetts. According to court
filing, the Debtor reports between $500,000 and $1 million in debt
owed to 1 and 49 creditors. The petition states funds will be
available to unsecured creditors.
A meeting of creditors under Section 341(a) to be held on October
20, 2025 at 01:30 PM as Telephonic Meeting. Dial-in Number:
888-330-1716 Participant Code: 1093908.
About So-Ben Realty LLC
So-Ben Realty LLC holds principal real estate assets at 164-170
Hampshire Street and 262 Oak Street, both in Holyoke,
Massachusetts.
So-Ben Realty LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-40985) on September
18, 2025. In its petition, the Debtor reports estimated estimated
assets between $1 million and $10 million and estimated liabilities
between $500,000 and $1 million.
The Debtor is represented by James P. Ehrhard, Esq. of 27 Mechanic
Street.
SOLAR MOSAIC: Loan Servicing Business Transferred After Ch. 11 Plan
-------------------------------------------------------------------
Solar Servicing LLC, a wholly owned subsidiary of Forbright Bank,
announced on September 22, 2025, that it has completed its
transaction to acquire the loan servicing operations of Solar
Mosaic LLC, following the completion of Mosaic's court-approved
Chapter 11 Plan of Reorganization.
Through the transaction, Mosaic's loan servicing operations have
successfully transitioned to Solar Servicing, and the Company plans
to continue Mosaic's loan servicing operations as usual, ensuring
borrowers can continue to pay their loans as planned and that
collections will be remitted to loan owners.
"Forbright's deep bench of management talent and the hard work of
the new team members from Mosaic enabled this complicated
transaction to be executed to a high standard for the benefit of
all servicing clients," said John Delaney, Executive Chairman and
Founder of Forbright Bank.
"We are thrilled to welcome new team members from Mosaic, and we
look forward to building Solar Servicing into a powerful driver of
innovation and customer success," said Don Cole, Chief Executive
Officer of Forbright Bank. "By combining our deep expertise with
new capabilities, we are confident the business will deliver
exceptional service and meaningful value to our customers and
stakeholders."
Under the terms of the transaction, borrowers' payment terms and
schedules remain unchanged and there are plans in place to avoid
disruptions in service. Mosaic's various payment methods are
active, and borrowers can continue to make payments as they have
done prior to this announcement. For loans that were partially
funded as of the bankruptcy filing, a dedicated pipeline team has
been hired to support system installers and loan owners as they
work towards a resolution. Mosaic will complete the wind down of
its remaining assets.
Advisors
Paul Hastings LLP served as legal counsel, BRG served as chief
restructuring officer, Jefferies served as the investment banker,
and C Street Advisory Group served as strategic communications
advisor to Mosaic. Blank Rome LLP served as legal counsel and Huron
Consulting Group served as financial advisor to Forbright Bank.
About Forbright Bank
Forbright is an FDIC-insured bank and commercial lender focused on
helping to build a brighter future. Forbright is committed to
exceptional client service by providing seamless, innovative
personal banking services to depositors and creative financing
solutions to middle market businesses and investors in healthcare,
technology, financial services, real estate, and other industries.
Solar Servicing LLC is a wholly owned subsidiary of Forbright
Bank.
About Solar Mosaic
Mosaic is an industry-leading fintech platform for sustainable home
improvements. Founded in 2010, Mosaic is a pioneer in clean energy
lending providing innovative solutions for financing solar, battery
storage, and more. Mosaic has funded $15 billion in loans to date,
helping more than 500,000 households make their homes more
sustainable and efficient.
On June 6, 2025, Mosaic Sustainable Finance Corporation and four
affiliated debtors each filed a voluntary petition for relief under
Chapter 11 of the United States Bankruptcy Code (Bankr. S.D. Tex.
Lead Case No. 25-90156). The cases are pending before the Honorable
Christopher M. Lopez.
The Company tapped Paul Hastings LLP as legal counsel, BRG for
managing director Mark A. Renzi as chief restructuring officer, and
C Street Advisory Group as strategic communications advisor. Kroll,
formerly Prime Clerk LLC, is the claims agent.
Blank Rome LLP is serving as legal counsel and Huron Consulting
Group is serving as financial advisor to Forbright Bank.
SOLUNA HOLDINGS: Signs $35.5M Credit Facility With Generate Lending
-------------------------------------------------------------------
Soluna Holdings, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that the Company caused its
subsidiaries Soluna DVSL ComputeCo, LLC, Soluna DVSL II ComputeCo,
LLC, and Soluna KK I ComputeCo, LLC to enter into a Credit and
Guaranty Agreement with Generate Lending, LLC, as administrative
agent and collateral agent, and Generate Strategic Credit Master
Fund I-A, L.P.
The Credit Agreement provides for senior secured term loan
commitments in an aggregate principal amount of up to $35.5
million, comprised of:
(i) Tranche A-1 ($5.5 million),
(ii) Tranche A-3 ($11.5 million), and
(iii) Tranche B ($18.5 million).
In addition, the Credit Agreement permits the Borrowers to request
one or more Additional Tranche Loan Commitments (as defined in the
Credit Agreement), in the aggregate amount of up to $64.5 million,
subject to the approval of the Lender and the Agent, for
project-level financing of eligible projects.
On September 12, 2025, the Borrowers borrowed $12,623,591 under the
Credit Agreement, comprised of Tranche A-1 loans and Tranche A-3
loans. The Company can draw upon Tranche B from September 12, 2025
until October 31, 2026, subject to the conditions set forth in the
Credit Agreement.
The maturity date for the Tranche A and Tranche B loans is the
earlier of:
(i) payment of outstanding principal, interest, and fees and
(ii) September 12, 2030.
Additional Tranche Loan Commitments will have maturity dates as set
forth in their respective amendments to the Credit Agreement.
Use of Proceeds and Security:
Proceeds from the Credit Agreement will be used to finance,
refinance, develop and construct the Company's Dorothy 1A, Dorothy
2 and Kati data center projects, fund a debt service reserve
account, and pay fees and expenses. Loans bear interest at a
variable rate based on either ABR or Term SOFR, as set forth in the
Credit Agreement. The applicable interest rate for SOFR loans is
equal to Term SOFR plus a margin of 10.0% per annum, and for ABR
loans is equal to the ABR plus a margin of 9.0% per annum. The
Credit Agreement provides for a SOFR rate floor of 3.50% per annum.
The Borrowers are required to pay a commitment fee of 1.00% per
annum on undrawn amounts of the Tranche B Loan Commitments and any
Additional Tranche Loan Commitments.
During the continuance of an event of default, a default rate
applies equal to the otherwise applicable rate plus 2.0% per annum.
Loans are subject to scheduled amortization, fees and prepayment
premiums.
The obligations are guaranteed by certain Company subsidiaries and
secured by first-priority liens on substantially all assets of the
Borrowers and guarantors, including pledges of equity interests,
security interests in deposit and other collateral accounts
(subject to control agreements), and mortgages/deeds of trust on
the relevant project sites.
Key Terms and Covenants:
The Credit Agreement contains customary representations and
warranties, affirmative and negative covenants, and events of
default for financings of this type. Events of default under the
Credit Agreement include, among other things, non-payment of
principal, interest or fees, inaccuracy of representations and
warranties, breach of covenants, cross-default to certain material
indebtedness, bankruptcy and insolvency, and change of control.
Upon the occurrence and during the continuance of an event of
default, the lenders may declare all outstanding principal and
accrued but unpaid interest under the Credit Agreement immediately
due and payable and may exercise the other rights and remedies
provided under the Credit Agreement and related loan documents.
Negative covenants in the Credit Agreement include, among other
things, restrictions on the Borrowers and guarantors with respect
to incurring additional indebtedness, creating liens on assets,
selling assets or making fundamental changes, making restricted
payments, entering into affiliate transactions, and using loan
proceeds for unauthorized purposes. The Credit Agreement also
restricts investments, capital expenditures, and speculative
transactions, and requires that all deposit and securities accounts
be subject to control agreements.
Financial covenants require:
(i) a minimum trailing Debt Service Coverage Ratio of 1.60:1.00
and
(ii) a minimum Forward Contracted Debt Service Coverage Ratio of
1.20:1.00, in each case as further described in the Credit
Agreement.
The facility also includes customary mandatory prepayment
provisions.
Private Placement:
Pursuant to the Credit Agreement, the Company issued to Generate
Strategic Credit Master Fund I-B, L.P., an affiliate of the Lender
and the Agent, in a private placement:
(i) a pre-funded warrant to purchase up to 2,000,000 shares of
common stock of the Company, par value $0.001 per share; and
(ii) a common warrant to purchase up to 2,000,000 shares of
Common Stock.
The Warrants issued to the Holder in the Private Placement were
issued and sold without registration under the Securities Act of
1933, as amended, or state securities laws in reliance on the
exemptions provided by Section 4(a)(2) of the Securities Act
promulgated thereunder and in reliance on similar exemptions under
applicable state laws.
Pre-Funded Warrant:
The Pre-Funded Warrant is exercisable immediately and expires on
the five-year anniversary of the date of issuance. The Pre-Funded
Warrant is exercisable at an exercise price of $0.0001 per share of
Common Stock. The Pre-Funded Warrant is exercisable in whole or in
part by delivering to the Company a duly executed exercise notice
and by payment in full in immediately available funds for the
number of shares of Common Stock purchased upon such exercise or,
at the option of each holder, by means of a cashless exercise, in
which case the holder would receive upon such exercise the net
number of shares of Common Stock determined according to the
formula set forth in the Pre-Funded Warrant.
The Holder does not have the right to exercise any portion of the
Pre-Funded Warrant if the Holder, together with its affiliates,
would beneficially own in excess of 9.99% of the number of shares
of Common Stock outstanding immediately after giving effect to such
exercise. The Holder may increase or decrease the beneficial
ownership limitation up to 9.99%, provided, however, that any
increase in the beneficial ownership limitation shall not be
effective until 61 days following notice of such change to the
Company.
Common Warrant:
The Common Warrant has an exercise price of $1.18 per share of
Common Stock. The Common Warrant is exercisable upon issuance and
expires on the five-year anniversary of the date of issuance. The
Common Warrant is exercisable, at the option of the Holder, in
whole or in part by delivering to the Company a duly executed
exercise notice and, at any time a registration statement
registering the resale or other disposition of the shares of Common
Stock underlying the Common Warrants under the Securities Act is
effective and available for such shares, or an exemption from
registration under the Securities Act is available for such shares,
by payment in full in immediately available funds for the number of
shares of Common Stock purchased upon such exercise. If at the time
of exercise more than six months after the issuance date there is
no effective registration statement registering, or the prospectus
contained therein is not available for the resale or other
disposition of the shares of Common Stock underlying the Common
Warrant, then the Common Warrant may also be exercised, in whole or
in part, at such time by means of a cashless exercise, in which
case the holder would receive upon such exercise the net number of
shares of Common Stock determined according to the formula set
forth in the Common Warrant.
The Holder does not have the right to exercise any portion of the
Common Warrant if the Holder, together with its affiliates, would
beneficially own in excess of 9.99% of the number of shares of our
Common Stock outstanding immediately after giving effect to such
exercise. The Holder may increase or decrease the beneficial
ownership limitation up to 9.99%, provided, however, that any
increase in the beneficial ownership limitation shall not be
effective until 61 days following notice of such change to the
Company.
Registration Rights Agreement:
In connection with the Credit Agreement, the Company has entered
into a registration rights agreement with the Holder, pursuant to
which the Company has agreed to file one or more registration
statements on Form S-3 covering the resale or other disposition of
the Warrants and the shares of Common Stock issuable upon the
exercise of the Warrants.
Pursuant to the Registration Rights Agreement, the Company has,
among other things, agreed to:
(i) file a registration statement covering the Registrable
Securities no later than 15 days after the date the Company entered
into the Registration Rights Agreement,
(ii) cause such registration statement to be declared effective
under the Securities Act as soon as reasonably practicable but, in
any event, no later than 75 days after the Filing Date (or 30 days
if the Securities and Exchange Commission does not review such
registration statement), and
(iii) use its best efforts to keep any such registration
statement continuously effective until:
(a) the date that all of the Registrable Securities have been
publicly sold by the Holder,
(b) the date that all of the Registrable Securities have been
previously sold in accordance with Rule 144,
(c) such time as both:
(x) all of such Registrable Securities may be sold by the
Holder without any restriction pursuant to Rule 144, including
holding period, volume or manner-of-sale restrictions pursuant to
Rule 144 and without the requirement for the Company to be in
compliance with the current public information requirement under
Rule 144, and
(y) the Holder, together with its affiliates, holds less than
3.0% of the Company's then outstanding shares of Common Stock, or
(d) five years from the effective date of the first registration
statement filed with the SEC registering for resale the Registrable
Securities.
Board Observer Letter Agreement:
Also in connection with the Credit Agreement, pursuant to a letter
agreement between the Company and Generate Strategic Credit Master
Fund I-A, L.P., dated as of September 12, 2025, so long as any
Commitments are outstanding and until all Obligations (each as
defined in the Credit Agreement) shall have been paid in full,
Generate Strategic Credit Master Fund I-A, L.P. shall have the
right to designate one representative to serve as a non-voting
observer of the meetings of the Company's Board of Directors and
committees, subject to certain exceptions.
Press Release:
On September 16, 2025, the Company issued a press release
announcing its entrance into the Credit Agreement. A copy of the
press release is available at https://tinyurl.com/yc7t7uv8
About Soluna Holdings
Headquartered in Albany, N.Y., Soluna Holdings, Inc. designs,
develops, and operates digital infrastructure that transforms
surplus renewable energy into global computing resources. The
Company's modular data centers can be co-located with wind, solar,
or hydroelectric power plants and support compute-intensive
applications, including Bitcoin mining, generative AI, and
scientific computing. This approach aids in energizing a greener
grid while providing cost-effective and sustainable computing
solutions.
Albany, N.Y.-based UHY LLP, the Company's auditor since 2021,
issued a "going concern" qualification in its report dated March
31, 2025, attached in the Company's Annual Report on Form 10-K for
the year ended Dec. 31, 2024, citing that the Company was in a net
loss, has negative working capital, and has significant outstanding
debt that raise substantial doubt about its ability to continue as
a going concern.
As of June 30, 2024, Soluna Holdings had $98.68 million in total
assets, $48.74 million in total liabilities, and $49.93 million in
total equity.
SOUTH TEXAS: Unsecureds Will Get 31.96% of Claims over 5 Years
--------------------------------------------------------------
South Texas Corral LLC filed with the U.S. Bankruptcy Court for the
Southern District of Texas a Plan of Reorganization dated September
15, 2025.
The Debtor started operations in August 2014. The Debtor's
operations are a Golden Corral franchise restaurant. The Debtor is
currently owned 100% by Gaspar Hernandez. Ownership interests will
remain unchanged following confirmation.
The Debtor filed this case on June 17, 2025. Debtor proposes to pay
allowed unsecured based on the liquidation analysis and cash
available. Debtor anticipates having enough business and cash
available to fund the plan and pay the creditors pursuant to the
proposed plan. It is anticipated that after confirmation, the
Debtor will continue in business. Based upon the projections, the
Debtor believes it can service the debt to the creditors.
The Debtor will continue operating its business. The Debtor's Plan
will break the existing claims into six classes of Claimants. These
claimants will receive cash repayments over a period of time
beginning on or after the Effective Date.
Class 5 consists of Allowed Impaired Unsecured Claims. All allowed
unsecured creditors shall receive a pro rata distribution at zero
percent per annum over the next five years according to the
projections. Creditors shall receive monthly disbursements based on
the projection distributions of each 12-month period with the first
monthly payment due 30 days after the Effective Date. Debtor will
distribute $523,500.00 to the general allowed unsecured creditor
pool over the 5-year term of the plan, including the under-secured
claim portions.
The Debtor's General Allowed Unsecured Claimants will receive
31.96% of their allowed claims under this plan. Any potential
rejection damage claims from executory contracts that are rejected
in this Plan will be added to the Class 5 unsecured creditor pool
and will be paid on a pro-rata basis. The allowed unsecured claims
total $1,637,598.11.
Class 6 consists of Equity Interest Holders (Current Owners). The
current owners will receive no payments under the Plan; however,
they will be allowed to retain ownership in the Debtor. Class 6
Claimants are not impaired under the Plan.
The Debtor anticipates the continued operations of the business to
fund the Plan.
A full-text copy of the Plan of Reorganization dated September 15,
2025 is available at https://urlcurt.com/u?l=nrHYJt from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Robert C. Lane, Esq.
The Lane Law Firm, PLLC
6200 Savoy, Suite 1150
Houston, TX 77036
Tel: (713) 595-8200
Fax: (713) 595-8201
Email: notifications@lanelaw.com
About South Texas Corral LLC
South Texas Corral LLC established in 2014, operates a Golden
Corral buffet restaurant franchise in Brownsville, Texas. The
Company offers dine-in and takeout services featuring a wide
variety of food options including breakfast, lunch, and dinner
buffets.
South Texas Corral LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-10113) on June 17,
2025. In its petition, the Debtor reports total assets of $149,674
and total liabilities of $1,636,260.
Honorable Bankruptcy Judge Eduardo V. Rodriguez handles the case.
The Debtors are represented by Robert C. Lane, Esq. and Kyle K.
Garza, Esq. at THE LANE LAW FIRM, PLLC.
SOYUZ MEDIA: Seeks Approval to Hire Estelle Miller as Accountant
----------------------------------------------------------------
Soyuz Media Inc. seeks approval from the U.S. Bankruptcy Court for
the Eastern District of New York to employ Estelle Miller, a
certified public accountant practicing in Bellmore, New York.
The accountant will provide these services:
(a) gather and verify all pertinent information required to
compile and prepare monthly operating reports; and
(b) prepare monthly operating reports for the Debtor.
The accountant will be paid at the rate of $300 per report, plus
reimbursement for expenses incurred.
Ms. Miller received an initial retainer of $3,000 from the Debtor.
Ms. Miller disclosed in a court filing that she is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The accountant can be reached at:
Estelle Miller, CPA
Bellmore, NY 11710
Telephone: (347) 570-7002
Email: estellemillercpa@gmail.com
About Soyuz Media Inc.
Soyuz Media Inc. sought protection for relief under Chapter 11 of
the Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-40074) on January
7, 2025, listing up to $50,000 in assets and $100,001 to $500,000
in liabilities.
Judge Nancy Hershey Lord presides over the case.
Alla Kachan, Esq. at Law Offices Of Alla Kachan P.C. represents the
Debtor as counsel.
SPECTACLE BIDCO: S&P Downgrades ICR to 'B', Outlook Negative
------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on Spectacle
Bidco Holdings Inc. (dba as Cirque du Soleil) to 'B' from 'B+' and
its issue-level rating on the company's senior secured credit
facility to 'B' from 'B+'. The recovery rating on the facilities
remains '3'.
S&P said, "The negative outlook reflects our expectation that
Cirque will end 2025 with high leverage of about 6.5x. While we
have a base-case assumption that the company could reduce S&P
Global Ratings-adjusted leverage to 5.5x-6.0x in 2026 and improve
its S&P Global Ratings-adjusted EBITDA margin primarily due to cost
cutting initiatives and the nonrecurrence of show closing costs, we
believe operating trends could remain challenged and there are
execution risks returning to organic revenue growth and sustainable
profitability.
"Cirque has underperformed our base-case expectations throughout
2025 because of weak demand across its portfolio of resident and
touring shows and we now expect Cirque's S&P Global
Ratings-adjusted leverage to increase to about 6.5x at year end
2025.
"The downgrade to 'B' reflects our forecast for leverage to
increase to 6.25x-6.75x at the end of 2025, which is up from 5.1x
in 2024. Cirque has underperformed our expectations through the
first half of 2025 due to continued soft demand for both its
resident and touring shows. We expect the company will continue to
underperform our previous forecast and its budget through the end
of 2025 and finish the year with S&P Global Ratings-adjusted
leverage of approximately 6.5x, which is high for the 'B' rating.
"Through the first six months of the year, revenue within Cirque's
resident segment declined 6%, while its touring revenue declined
18%. These have been driven primarily by weak demand, especially
for the company's touring shows, as well as fewer shows in
self-promote in 2025 compared with 2024. In the second half of
2024, Cirque closed its Songblazers touring show and Blue Man Group
residency in Shanghai. Additionally, in the first quarter of 2025,
it closed its Bazzar touring show and stopped its Blue Man Group
operations in New York and Chicago. Additionally, the company
decided to pull back on the creation of a new Arena 2025 touring
show. Spectacle has also opened or announced new resident shows in
the second half of 2025 including Alizé in Berlin, Blue Man Group
in Orlando, and Ludo in Nuevo Vallarta. While we believe Cirque
could offset some the revenue loss with new attractions and
additional shows, in the interim the revenue decline and
restructuring costs will cause a decline in its EBITDA margin to
about 9% in 2025.
"We expect Cirque's leverage will begin to improve in 2026
following the completion of its cost mitigation programs. We
believe the company will manage its cost base such that it reduces
leverage below our 6x downgrade threshold in 2026. Its S&P Global
Ratings-adjusted leverage stood at 6.5x as of June 30, 2025.
Beginning in late 2024, Cirque implemented cost cuts, primarily
through significant headcount reductions, which it expects will
generate $45 million-$50 million of run rate savings.
"The company also intends to reduce its capital expenditure (capex)
in 2025 in order to preserve liquidity. We expect fewer
restructuring and closing costs in 2026 compared with 2025 that
will result in S&P Global Ratings-adjusted EBITDA margin expansion
of 75-100 basis points, and S&P Global Ratings-adjusted leverage
could decline to 5.5x-6.0x. Notably, our forecast assumes Cirque is
able to improve demand for its shows, it does not close any
additional shows in 2026, and additional restructuring costs do not
recur next year. As a result, and assuming modest revenue growth,
we think its plausible that the company grows S&P Global
Ratings-adjusted EBITDA about 10% in 2026. Nonetheless, we believe
there remains a high degree of uncertainty around the
intermediate-term demand for Cirque's programming, and we could
lower the rating if the company underperforms our current base
case."
Cirque's cash on hand, long-dated maturities, and access to $85
million under its $100 million revolver as of June 30, 2025,
provide it with sufficient flexibility to weather industry
softness. The company had approximately $25 million cash as of June
30, 2025, a $550 million term loan B due in March 2030, and a $100
million revolver maturing in March 2028.
The concentration of Cirque's EBITDA generation in Las Vegas poses
a risk to its profitability and cash flow. The company benefits
from strong brand recognition but has limited business diversity.
Most of its resident shows are in Las Vegas, which accounts for
nearly half of its total EBITDA. In S&P's view, this indicates a
high risk for earnings volatility. Although Cirque has launched
international touring to help diversify its geographic exposure, it
believes the relatively stronger performance of its Las Vegas-based
resident shows over time will lead to continued concentration
risk.
Cirque benefits from its solid brand recognition. This has
historically enabled it to form strategic partnerships with venue
providers that help cover the costs of developing new shows.
Although the past two years have presented demand and programming
challenges, the typical contract terms and historical longevity of
its shows can last for upward of 20 years, which provide it with
some revenue and cash flow predictability during periods of
programming stability. Cirque's primary partnership is with MGM in
the Las Vegas market, which accounted for a large proportion of its
revenue prior to the COVID-19 pandemic. This guarantees Cirque's
operating costs, an additional premium, and royalties from box
office sales. Competitive pressures from other entertainment and
leisure providers partially offset these factors. Additionally, S&P
believes the company has a moderate counterparty concentration with
MGM, which owns the venues for five of its resident shows.
S&P said, "The negative outlook reflects our view that Cirque's
operating trends will remain challenged for the rest of 2025, as
well as the execution risks involved with returning to organic
revenue growth and sustainable profitability to improve credit
metrics next year. However, we currently assume in our base case
that Cirque could reduce its S&P Global Ratings-adjusted leverage
to 5.5x-6.0x in 2026 if the company can stabilize its show offering
and attendance demand, benefit from its cost cutting initiatives,
and improve its S&P Global Ratings-adjusted EBITDA margin.
"We could lower our rating on Cirque if the company sustains S&P
Global Ratings-adjusted leverage above 6x, which would likely be
the result of continued softness in either the company's touring or
resident segments in such a manner that leads Cirque to lower
average ticket prices, resulting in reduced EBITDA margin and
minimal free operating cash flow.
"We could revise the outlook to stable if Cirque can successfully
increase demand for its shows, reduce its cost basis, and avoid the
costs of additional show closures in a manner that improves its S&P
Global Ratings-adjusted EBITDA margin and sustains our measure of
leverage below 6x. We could raise our rating on Cirque if it
sustains S&P Global Ratings-adjusted leverage below 5x with a
sufficient cushion to weather potentially softer economic
conditions in 2026. We would also expect Cirque to generate healthy
levels of free operating cash flow in order to consider an
upgrade."
SPIRIT AIRLINES: Asks Court OK for Ch. 11 Global Deal with AerCap
-----------------------------------------------------------------
Emily Lever of Law360 reports that on September 23, 2025, Spirit
Airlines urged a New York bankruptcy court to approve a
comprehensive deal with AerCap, its largest lessor, framing the
resolution as a significant move in stabilizing the company's
latest Chapter 11 restructuring.
About Spirit Airlines
Spirit Airlines, LLC (SAVE) is a low-fare carrier committed to
delivering the best value in the sky by offering an enhanced travel
experience with flexible, affordable options. Spirit serves
destinations throughout the United States, Latin America and the
Caribbean with its Fit Fleet, one of the youngest and most
fuel-efficient fleets in the U.S. On the Web:
http://wwww.spirit.com/
Spirit Airlines and its affiliates sought Chapter 11 protection
(Bankr. S.D.N.Y. Case No. 24-11988) on Nov. 18, 2024, after
reaching terms of a pre-arranged plan with bondholders.
At the time of the filing, Spirit Airlines reported $1 billion to
$10 billion in both assets and liabilities. Judge Sean H. Lane
oversees the case.
The Debtors tapped Davis Polk & Wardwell, LLP as legal counsel;
Alvarez & Marsal North America, LLC, as financial advisor; and
Perella Weinberg Partners LP as investment banker. Epiq Corporate
Restructuring, LLC, is the claims agent.
Paul Hastings, LLP and Ducera Partners, LLC serve as legal counsel
for the Ad Hoc Group of Convertible Noteholders.
Akin Gump Strauss Hauer & Feld, LLP and Evercore Group LLC
represent the Ad Hoc Group of Senior Secured Noteholders.
The official committee of unsecured creditors retained Willkie Farr
& Gallagher LLP as counsel.
Citigroup Global Markets, Inc., is serving as financial advisor and
Latham & Watkins LLP is serving as legal counsel to Frontier.
2nd Attempt
Spirit Airlines and its affiliates sought Chapter 11 protection
(Bankr. S.D.N.Y. Case No. 25-11896) on August 29, 2025. In its
petition, the Debtors reports estimated assets and liabilities
between $1 billion and $10 billion each.
Honorable Bankruptcy Judge Sean H. Lane handles the case.
The Debtor is represented by Marshall Scott Huebner, Esq. and
Darren S. Klein, Esq. at Davis Polk & Wardwell LLP.
SPIRIT AVIATION: Seeks to Hire Ordinary Course Professionals
------------------------------------------------------------
Spirit Aviation Holdings, Inc. and its affiliates seek approval
from the U.S. Bankruptcy Court for the Southern District of New
York to retain non-bankruptcy professionals in the ordinary course
of business.
The Debtors need ordinary course professionals to perform services
for matters unrelated to these Chapter 11 cases.
The Debtors seek to pay OCPs 100 percent of the fees and expenses
incurred.
The Debtors do not believe that any of the OCPs have an interest
materially adverse to them, their estates, creditors, or other
parties in interest in connection with the matter upon which they
are to be engaged.
The OCPs include:
-- Abogados Sierra, S.C.
-- Casillas, Santiago & Torres Law LLC
-- Chico & Nunes, P.C.
-- Clark Hill PLC
-- Cohen Ziffer
-- Condon & Forsyth LLP
-- Cravath Swaine & Moore LLP
-- Daugherty Fowler
-- Estudio Spingarn & Marks S.A.
-- Ford & Harrison LLP
-- Fox Rothschild
-- Franco Law Firm
-- Frank, Weinberg & Black PLC
-- Greenberg Traurig, LLP
-- Greenspoon Marder LLP
-- Haystack
-- Jones Day
-- Jose Lloreda Camacho & Co S.A.S.
-- Kirstein & Young, PLLC
-- Littler Mendelson, P.C.
-- Mcafee & Taft A Professional Corporation
-- Miller & Chevalier Chartered
-- Morell Cartegena Dapena
-- Morris James LLP
-- Myers, Fletcher & Gordon
-- Nason Yeager
-- Nassar Abogados
-- O'Melveny & Myers LLP
-- Paul, Weiss, Rifkind, Wharton & Garrison LLP
-- Philippi Prirtocarrizosa Ferrero
-- Potter Anderson & Corroon LLP
-- Smith, Gambrell & Russell, LLP
-- Studio Legal Sonia Cabrera
-- Taft Stettinius & Hollister LLP
-- The Foont Law Firm, LLC
-- Victor Rane Group Inc
-- Walkers
About Spirit Aviation Holdings, Inc.
Spirit Aviation Holdings, Inc. and its subsidiaries operate Spirit
Airlines, a U.S.-based low-cost carrier providing air
transportation services across the United States, Latin America,
and the Caribbean.
Spirit Aviation Holdings, Inc. and its affiliates filed their
voluntary petition for relief under Chapter 11 of the Bankruptcy
Code (Bankr. S.D.N.Y. Lead Case No. 25-11897) on August 29, 2025.
Marshall Scott Huebner, Esq. at Davis Polk & Wardwell LLP
represents the Debtors as counsel.
TALPHERA INC: L. Lytton, Lytton-Kambara Foundation Hold 8% Stake
----------------------------------------------------------------
Laurence W. Lytton and Lytton-Kambara Foundation disclosed in a
Schedule 13G filed with the U.S. Securities and Exchange Commission
that as of September 10, 2025, they beneficially own 3,636,364
shares of Talphera, Inc.'s Common Stock, representing 8% of the
outstanding shares. This calculation reflects 20,522,655 shares
outstanding as of August 7, 2025, and an additional 25,036,360
shares issued in a private placement on September 10, 2025. Both
Reporting Persons share voting and dispositive power over these
shares.
Lytton-Kambara Foundation may be reached through:
Laurence W. Lytton, Reporting Person / President
467 Central Park West
New York, N.Y. 10025
A full-text copy of Laurence W. Lytton's Schedule 13G SEC report is
available at: https://tinyurl.com/47j4bd69
About Talphera
Headquartered in San Mateo, California, Talphera, Inc. --
www.talphera.com -- is a specialty pharmaceutical company focused
on the development and commercialization of innovative therapies
for use in medically supervised settings. Talphera's lead product
candidate, Niyad, is a lyophilized formulation of nafamostat and is
currently being studied under an investigational device exemption
(IDE) as an anticoagulant for the extracorporeal circuit, and has
received Breakthrough Device Designation status from the U.S. Food
and Drug Administration (FDA).
Walnut Creek, Calif.-based BPM LLP, the Company's auditor since
2023, issued a "going concern" qualification in its report dated
March 31, 2025, attached to the Company's Annual Report on Form
10-K for the year ended Dec. 31, 2024, citing that the Company has
suffered recurring operating losses and negative cash flows from
operating activities since inception and expects to continue to
incur operating losses and negative cash flows in the future. These
matters raise substantial doubt about its ability to continue as a
going concern.
As of September 30, 2024, Talphera had $21 million in total assets,
$11.4 million in total liabilities, and $9.6 million in total
stockholders' equity.
THYNG VENTURES: Seeks Subchapter V Bankruptcy in Iowa
-----------------------------------------------------
On September 22, 2025, Thyng Ventures LLC filed Chapter 11
protection in the Southern District of Iowa. According to court
filing, the Debtor reports $1,016,853 in debt owed to 1 and 49
creditors. The petition states funds will be available to unsecured
creditors.
About Thyng Ventures LLC
Thyng Ventures LLC owns a property at 129 S. Jefferson, Mt.
Pleasant, Iowa, 52641, with an estimated value of $265,000 based on
comparable market analysis.
Thyng Ventures LLC sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Iowa Case No. 25-01627) on
September 22, 2025. In its petition, the Debtor reports total
assets of $292,000 and total liabilities of $1,016,853.
Honorable Bankruptcy Judge Lee M. Jackwig handles the case.
The Debtor is represented by Robert Gainer, Esq. of CUTLER LAW FIRM
PC.
TIN CUP: Seeks Approval to Hire DeMarco Mitchell as Legal Counsel
-----------------------------------------------------------------
The Tin Cup Tavern LLC seeks approval from U.S. Bankruptcy Court
for the Northern District of Texas to hire DeMarco Mitchell, PLLC
as counsel.
The firm will provide these services:
a. take all necessary action to protect and preserve the
Estate;
b. prepare on behalf of the Debtor all necessary motions,
applications, answers, orders, reports, and papers in connection
with the administration of the estate;
c. formulate, negotiate, and propose a plan of reorganization;
and
d. perform all other necessary legal services in connection
with these proceedings.
The firm will be paid at these rates:
Robert T. DeMarco $450 per hour
Michael S. Mitchell $300 per hour
Barbara Drake, Paralegal $125 per hour
The firm was paid a retainer in the amount of $12,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Robert DeMarco, Esq., a partner at Demarco Mitchell, PLLC,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Robert T. DeMarco, Esq.
Michael S. Mitchell, Esq.
Demarco Mitchell, PLLC
12770 Coit Road, Suite 850
Dallas, TX 75251
Tel: (972) 991-5591
Email: robert@demarcomitchell.com
mike@demarcomitchell.com
About The Tin Cup Tavern LLC
The Tin Cup Tavern LLC operates a casual dining and entertainment
venue in Campbell, Texas, offering pub-style food, alcoholic
beverages, and live music events. The establishment provides
patrons with indoor and outdoor seating along with recreational
amenities such as pool tables, dartboards, and cornhole. It serves
customers primarily in the Hunt County area through dine-in
services and community-oriented promotions.
The Tin Cup Tavern LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-33337) on August 29,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtor is represented by Robert T. DeMarco, Esq. at DEMARCO
MITCHELL, PLLC.
TITAN CNG: Taps Mark E. Palmer of Theseus Strategy Group as CRO
---------------------------------------------------------------
Titan CNG LLC and its affiliated debtors seek approval from the
U.S. Bankruptcy Court for the District of Delaware to hire Mark E.
Palmer, managing director of Theseus Strategy Group LLC, as their
chief Restructuring officer.
Mr. Palmer's duties as CRO to the Debtors include:
(a) approving all cash disbursements, in coordination with the
Debtors' obligations under the Shared Services and Funding
Agreement, to maximize, protect, and preserve the assets of the
Debtors;
(b) approving sales of assets and authorizing motions and/or
applications for the sale of assets outside the ordinary course of
business;
(c) overseeing the restructuring of the Debtors' lease and
finance agreements for their Equipment;
(d) assisting the Debtors and their advisors with obtaining
Court approval for the sale and/or assumption and assignment of any
Equipment lease or finance agreements;
(e) managing the claims reconciliation process, including,
without limitation, initiating and pursuing any necessary
litigation involving claims filed against the Debtors, and
approving or seeking approval, as applicable, of any settlements to
be executed by the Debtors in connection therewith;
(f) to the extent required, attending hearings, meetings, and
other events related to the Chapter 11 Cases as the Debtors'
representative;
(g) directing the preparation of information, including any
reports and the schedules needed for the Chapter 11 Cases, and
having access to all of the Debtors' materials necessary for such
preparation;
(h) participating in meetings with lessors, lenders and third
parties and their respective representatives on all material
matters related to the Debtors and the administration of the
Chapter 11 Cases;
(i) assisting with leadership of the Chapter 11 Cases,
including, but not limited to, developing and confirming a chapter
11 plan to the extent practicable; and
(j) taking any and all actions necessary to fulfill the
responsibilities, including executing all necessary documentation
on behalf of the Debtors to effectuate the same.
EVO Parent agreed to pay Mr. Palmer a monthly flat fee of $12,500,
and a one-time flat fee of $150,000 upon the successful
consummation of a "material liability restructuring". Pursuant to
CRO Agreement, and as a result of the increase in services required
as CRO, the Monthly Fee was increased to $22,500 per month and the
Restructuring Success Fee was increased to $200,000, each of which
remain obligations of, and shall be paid by, EVO Parent.
Mr. Palmer can be reached at:
Mark E. Palmer
22 Ardmion Park
Asheville NC 28801
Telephone: (646) 768-8790
Cell: (646) 696-9029
Email: mark@theseusstrategy.com
About Titan CNG LLC
Titan CNG LLC is an Arizona-based company specializing in
compressed natural gas (CNG) equipment leasing and services.
Titan CNG LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 25-11525) on August 14, 2025. In its
petition, the Debtor reports estimated assets between $100,000 and
$500,000 and estimated liabilities between $10 million and $50
million.
The Debtor is represented by Natasha M. Songonuga, Esq. at Archer &
Greiner, P.C.
TLC MEDICAL: To Sell Saint Lucie Property to Tanjaynk Tracey
------------------------------------------------------------
TLC Medical Group Inc. seeks permission from the U.S. Bankruptcy
Court for the Southern District of Florida, West Palm Beach
Division, to sell Property free and clear of liens, claims,
interests, and encumbrances.
The Debtor provides medical services related to cardiology and
primary care.
The Debtor owns vacant lot consisting of 1.4 acres, zoned as
General Commercial, located on a corner, next to a large amount of
development.
The Vacant Lot is legally described as follows: Lot 48, St. Lucie
West Plat No. 184 St. Lucie Center - Rep lat, according to the map
or plat thereof as recorded in Plat Book 57, Page 33, Public
Records of Saint Lucie County, Florida.
On or about September 17, 2025 , the Debtor executed a Contract to
Sell of the Property to Tanjaynk Tracey (Buyer) which is an
unrelated third party for the sum of $1,150,050.00.
The Debtor and the Buyer have negotiated the Contract and the
transaction contemplated therein at arm’s length and in good
faith and the closing date is September 30, 2025.
The Debtor believes the sale price is fair and reflects the market
value of the Vacant Lot. Debtor believes the Vacant Lot has been
properly marketed, and a cash buyer is in the estates best
interest. The current deposit is $50,000.00.
The Vacant Lot is subject to a First Mortgage lien in favor of
Barry Schnittman.
The Debtor respectfully requests the net proceeds after the amounts
detailed to be held in trust by Debtor's counsel and not disbursed
without further order of the Court.
About TLC Medical Group Inc.
TLC Medical Group Inc. provides medical services related to
cardiology and primary care.
TLC Medical sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Fl. CASE NO.: 24–21588-MAM) on November 4,
2024.
Judge Mindy A. Mora presides over the case.
Susan D. Lasky, Esq, represents the Debtor as legal counsel.
TOMS RIVER REGIONAL: Downgraded After Possible Bankruptcy Warning
-----------------------------------------------------------------
Aashna Shah of Bloomberg Law reports that the Toms River Regional
School District's bond rating was cut to A- from A by S&P Global
Ratings after officials threatened to pursue bankruptcy. While the
downgrade lifted the credit from negative CreditWatch, S&P kept a
negative outlook, pointing to state budget intervention and the
district's dependence on extraordinary tax increases and land
sales.
About Toms River Regional School District
Toms River Regional School District is a full-service regional
public school district serving the rapidly growing coastal
community of Toms River.
TPI COMPOSITES: Comm. Taps Berkeley Research as Financial Advisor
-----------------------------------------------------------------
The official committee of unsecured creditors of TPI Composites,
Inc. and its subsidiaries seeks approval from the U.S. Bankruptcy
Court for the Southern District of Texas to hire Berkeley Research
Group, LLC as its financial advisor.
The firm will render these services:
a) develop strategies to maximize recoveries from the Debtors'
assets and advise and assist the Committee with such strategies;
b) monitor liquidity and cash flows throughout the Cases and
scrutinize cash disbursements and capital requirements;
c) develop and issue periodic monitoring reports to enable the
Committee to effectively evaluate the Debtors' performance relative
to projections and any relevant operational issues;
d) advise and assist the Committee in its analysis and
monitoring of the historical, current and projected financial
affairs of the Debtors;
e) advise and assist the Committee with respect to any
debtor-in-possession financing arrangements and/or use of cash
collateral including evaluation of asserted liens thereon;
f) analyze both historical and ongoing intercompany and/or
related party transactions and/or material unusual transactions of
the Debtors and non-debtor affiliates;
g) advise and assist the Committee in its assessment of the
Debtors' employee needs and related costs, including any recent
(including prepetition) employee bonuses or retention payments and
any proposed employee bonuses such as any proposed Key Employee
Incentive Plan or Key Employee Retention Plan for the Debtors'
insiders and employees, and providing expert testimony related
thereto;
h) evaluate the Debtors' and non-debtors' business
plan/operational restructuring, including the impact of industry
trends, customer programs, and their impact to actual and
forecasted financial results as well as monitoring the
implementation of related strategic initiatives;
i) prepare valuations of the Debtors' assets, including the
value of equity of any consolidated and/or publicly traded
subsidiary;
j) identify and develop strategies related to the Debtors'
intellectual property;
k) advise and assist the Committee in reviewing and evaluating
any court motions (including any assumption or rejection motions or
objections thereto), applications, or other forms of relief filed
or to be filed by the Debtors, or any other parties-in-interest;
l) advise and assist the Committee and Counsel in their review
of any potential prepetition liens of secured parties;
m) advise the Committee with respect to any potential
preference payments, fraudulent conveyances, and other potential
causes of action that the Debtors' estates may hold against
insiders and/or third parties and assist with any investigations
related to such matters as required;
n) identify and assess the value of unencumbered assets;
o) as appropriate and in concert with the Committee's other
professionals, analyze and monitor any sale processes and
transactions and assess the reasonableness of the process and the
consideration received;
p) assist with the development and review of a cost/benefit
analysis with respect to the assumption or rejection of various
executory contracts and leases;
q) monitor the Debtors' claims management process, including
analyzing guarantees and claims by entity, including preparing
related summaries;
r) review and provide analysis of any bankruptcy plan and
disclosure statement relating to the Debtors including, if
applicable, the development and analysis of any bankruptcy plans
proposed by the Committee to assess their achievability;
s) attend Committee meetings, court hearings, and auctions as
may be required;
t) work with the Debtors' tax advisors to ensure that any
restructuring or sale transaction is structured to minimize tax
liabilities to the estate as well as assist with the review of any
tax issues associated with, for example, claims/stock trading,
preservation of net operating losses, and refunds from any plan of
reorganization and/or asset sales;
u) Work with the Debtors' bankruptcy professionals; and
v) provide other services as may be requested from time to
time by the Committee and its counsel, consistent with the role of
a financial advisor including rendering expert testimony, issuing
expert reports and/or preparing for litigation, valuation and/or
forensic analyses that have not yet been identified but as may be
requested from time to time by the Committee and its Counsel.
The current standard hourly rates for BRG personnel are:
Managing Directors $1,140 to $1,395
Associate Directors & Directors $900 to $1,100
Professional Staff $445 to $885
Support Staff $185 to $395
Following negotiations between BRG and the Committee, BRG has
agreed to discount its "Managing Director" rates by 10 percent.
David Galfus, a managing director at Berkeley Research Group, LLC,
disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
David Galfus
Berkeley Research Group, LLC
250 Pehle Avenue, Suite 301
Saddle Brook, NJ 07663
Tel: (201) 587-7117
Cell: (201) 888-6733
Email: dgalfus@thinkbrg.com
About TPI Composites Inc.
TPI Composites -- https://tpicomposites.com/ -- is a leading
wind-blade manufacturer and the only independent wind blade
manufacturer with a global footprint.
TPI Composites Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-34655) on August 11,
2025. The company listed $500 million to $1 billion in estimated
assets, along with $1 billion to $10 billion in estimated
liabilities.
Honorable Bankruptcy Judge Christopher M. Lopez handles the case.
The Debtor is represented by Gabriel Adam Morgan, Esq. at Weil,
Gotshal & Manges LLP.
Oaktree Capital Management L.P., as DIP agent, is represented by:
William A. (Trey) Wood III, Esq.
Bracewell, LLP
711 Louisiana Street, Suite 2300
Houston, TX 77002
Telephone: (713) 221-1166
Facsimile: (713) 221-1212
E-mail: trey.wood@bracewell.com
TPI COMPOSITES: Committee Hires Munsch Hardt Kopf as Co-Counsel
---------------------------------------------------------------
The official committee of unsecured creditors of TPI Composites,
Inc. and its subsidiaries seeks approval from the U.S. Bankruptcy
Court for the Southern District of Texas to hire Munsch Hardt Kopf
& Harr, P.C. as co-counsel.
The firm will render these services:
a. assist Lowenstein in advising and representing the
Committee with respect to the administration of these Chapter 11
Cases and the exercise of oversight with respect to the Debtors'
affairs;
b. serve as conflicts counsel, as necessary;
c. assist the Committee in maximizing the value of the
Debtors' assets for the benefit of all creditors;
d. advising Lowenstein and the Committee on practice and
procedure before the United States Bankruptcy Court for the
Southern District of Texas and regarding the Local Rules and local
practice;
e. appear before this Court and protect the interests of the
Committee; and
f. perform all other legal services for the Committee which
may be appropriate, necessary and proper in these Chapter 11
Cases.
Munsch Hardt's current hourly rates are:
John D. Cornwell - Shareholder $750
Brenda L. Funk - Shareholder $680
Heather Valentine - Paralegal $235
Shareholders $580 to $825
Associates $400 to $475
Paraprofessionals $235
The following is provided in response to the request for additional
information contained in paragraph D.1. of the 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
during the 12 months prepetition period. If your billing rates and
material financial terms have changed post petition, explain the
difference and the reasons for the difference.
Response: Munsch Hardt did not represent the Committee prior to
its selection as Committee co-counsel of August 26, 2025.
Question: Has your client approved your prospective budget and
staffing plan and, if so, for what budget period?
Response: Munsch Hardt expects to develop a budget and staffing
plan to reasonably comply with the U.S. Trustee's request for
information and additional disclosures, as to which Munsch Hardt
reserves all rights. The Committee has approved Munsch Hardt's
proposed hourly billing rates.
John Cornwell, Esq., managing shareholder of Munsch Hardt Kopf &
Harr 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:
John D. Cornwell, Esq.
Munsch Hardt Kopf & Harr, P.C.
700 Milam St., Ste. 800
Houston, TX 77002
Telephone: (713) 222-1470
About TPI Composites Inc.
TPI Composites -- https://tpicomposites.com/ -- is a leading
wind-blade manufacturer and the only independent wind blade
manufacturer with a global footprint.
TPI Composites Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-34655) on August 11,
2025. The company listed $500 million to $1 billion in estimated
assets, along with $1 billion to $10 billion in estimated
liabilities.
Honorable Bankruptcy Judge Christopher M. Lopez handles the case.
The Debtor is represented by Gabriel Adam Morgan, Esq. at Weil,
Gotshal & Manges LLP.
Oaktree Capital Management L.P., as DIP agent, is represented by:
William A. (Trey) Wood III, Esq.
Bracewell, LLP
711 Louisiana Street, Suite 2300
Houston, TX 77002
Telephone: (713) 221-1166
Facsimile: (713) 221-1212
E-mail: trey.wood@bracewell.com
TPI COMPOSITES: Committee Taps Lowenstein Sandler LLP as Counsel
----------------------------------------------------------------
The official committee of unsecured creditors of TPI Composites,
Inc. and its subsidiaries seeks approval from the U.S. Bankruptcy
Court for the Southern District of Texas to hire Lowenstein Sandler
LLP as counsel.
The firm's services include:
(a) advising the Committee with respect to its rights, duties,
and powers in the Chapter 11 Cases;
(b) assisting and advising the Committee in its consultations
with the Debtors relative to the administration of the Chapter 11
Cases;
(c) assisting the Committee in analyzing the claims of the
Debtors' creditors and the Debtors' capital structure and in
negotiating with holders of claims and equity interests;
(d) assisting the Committee in its investigation of the acts,
conduct, assets, liabilities, and financial condition of the
Debtors and of the operation of the Debtors' business;
(e) assisting the Committee in analyzing (i) the Debtors'
prepetition financing, (ii) proposed use of cash collateral, and
(iii) the Debtors' proposed debtor-in-possession financing ("DIP
Financing"), the terms and conditions of the proposed DIP Financing
and the adequacy of the proposed DIP Financing budget;
(f) assisting the Committee in its investigation of the liens
and claims of the holders of the Debtors' prepetition debt and the
prosecution of any claims or causes of action revealed by such
investigation;
(g) assisting the Committee in its analysis of, and
negotiations with, the Debtors or any third party concerning
matters related to, among other things, the assumption or rejection
of certain leases of nonresidential real property and executory
contracts, asset dispositions, sale of assets, financing of other
transactions and the terms of one or more plans of reorganization
or liquidation for the Debtors and accompanying disclosure
statements and related plan documents;
(h) assisting the Committee in its investigation into the
prepetition activity of and potential causes of action against
applicable third parties;
(i) assisting and advising the Committee as to its
communications to unsecured creditors regarding significant matters
in the Chapter 11 Cases;
(j) representing the Committee at hearings and other
proceedings;
(k) reviewing and analyzing applications, orders, statements
of operations, and schedules filed with the Court and advising the
Committee as to their propriety;
(l) assisting the Committee in preparing pleadings and
applications as may be necessary in furtherance of the Committee's
interests and objectives in the Chapter 11 Cases, including without
limitation, the preparation of retention papers and fee
applications for the Committee's professionals, including
Lowenstein Sandler;
(m) assisting the Committee and providing advice concerning
any proposed sale of the Debtors' assets, including issues
concerning any potential competing bidders and the auction
process;
(n) assisting the Committee with respect to issues that may
arise concerning the Debtors' employees;
(o) preparing, on behalf of the Committee, any pleadings,
including without limitation, motions, memoranda, complaints,
adversary complaints, objections, or comments in connection with
any of the foregoing; and
(p) performing such other legal services as may be required or
are otherwise deemed to be in the interests of the Committee in
accordance with the Committee's powers and duties as set forth in
the Bankruptcy Code, Bankruptcy Rules, or other applicable law.
The firm's hourly rates are:
Partners of the Firm $775 – $2,175
Of Counsel $890 – $1,575
Senior Counsel and Counsel $675 – $1,595
Associates $550 – $1,150
Paralegals, Practice Support
and Assistants $225 – $505
The following is provided in response to the request for additional
information contained in paragraph D.1. of the 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
during the 12 months prepetition period. If your billing rates and
material financial terms have changed postpetition, explain the
difference and the reasons for the difference.
Response: Lowenstein Sandler did not represent the Committee
prior to the Petition Date.
Question: Has your client approved your prospective budget and
staffing plan and, if so, for what budget period?
Response: Lowenstein Sandler expects to develop a budget and
staffing plan to reasonably comply with the U.S. Trustee's request
for information and additional disclosures, as to which Lowenstein
Sandler reserves all rights. The Committee has approved Lowenstein
Sandler's proposed hourly billing rates.
Jeffrey Cohen, Esq., a partner at Lowenstein Sandler, 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:
Jeffrey L. Cohen, Esq.
Lowenstein Sandler LLP
1 Lowenstein Dr.
Roseland, NJ 07068
Telephone: (973) 597-2500
About TPI Composites Inc.
TPI Composites -- https://tpicomposites.com/ -- is a leading
wind-blade manufacturer and the only independent wind blade
manufacturer with a global footprint.
TPI Composites Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-34655) on August 11,
2025. The company listed $500 million to $1 billion in estimated
assets, along with $1 billion to $10 billion in estimated
liabilities.
Honorable Bankruptcy Judge Christopher M. Lopez handles the case.
The Debtor is represented by Gabriel Adam Morgan, Esq. at Weil,
Gotshal & Manges LLP.
Oaktree Capital Management L.P., as DIP agent, is represented by:
William A. (Trey) Wood III, Esq.
Bracewell, LLP
711 Louisiana Street, Suite 2300
Houston, TX 77002
Telephone: (713) 221-1166
Facsimile: (713) 221-1212
E-mail: trey.wood@bracewell.com
TRAC CONSTRUCTION: Seeks to Hire Michael L. Walker as Counsel
-------------------------------------------------------------
TRAC Construction Group Inc. seeks approval from the U.S.
Bankruptcy Court for the Eastern District of New York to hire The
Law Offices of Michael L. Walker, Esq., PLLC as its counsel.
The firm will render these services:
(a) advise the Debtor of its rights, powers, and duties in the
management of its business and property under Chapter 11;
(b) prepare on behalf of the Debtor all necessary and
appropriate legal documents and review financial and other reports
to be filed in this Chapter 11 case;
(c) advise the Debtor concerning, and prepare responses to,
legal papers that may be filed by other parties in this bankruptcy
case;
(d) advise the Debtor with respect to, and assist in the
negotiation, and documentation of, financing agreements and related
transactions;
(e) review the nature and validity of any liens asserted
against the Debtor's property and advise concerning the
enforceability of such liens;
(f) advise the Debtor regarding its ability to initiate
actions to collect and property for the benefit of its estate;
(g) advise and assist the Debtor in connection with any
potential asset sales and property dispositions;
(h) advise the Debtor concerning executory contract and
unexpired lease assumptions, assignments, and rejections as well as
lease restructuring and re-characterizations;
(i) advise the Debtor in connection with the formulation,
negotiation, and promulgation of a plan or plans of reorganization,
and related transactional documents;
(j) assist the Debtor in reviewing, estimating, and resolving
claims asserted against its estate;
(k) commence and conduct litigation necessary and appropriate
to assert rights held by the Debtor, protect the assets of its
Chapter 11 estate, or otherwise further the goal of completing its
successful reorganizations; and
(l) provide non-bankruptcy services for the Debtor.
Michael Walker, Esq., will be paid at his hourly rate of $400, plus
reimbursement for expenses incurred.
Mr. Walker disclosed in a court filing that his firm is a
"disinterested person" as defined in Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Michael L. Walker, Esq.
The Law Offices of Michael L. Walker, Esq., PLLC
9052 Fort Hamilton Parkway, 2nd Floor Suite
Brooklyn, NY 11209
Telephone: (718) 680-9700
Email: mwalker@michaelwalkerlaw.com
About TRAC Construction Group Inc.
TRAC Construction Group Inc. is a commercial construction company
focusing on infrastructure projects in New York City.
TRAC Construction Group Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No.
25-43105) on June 27, 2025. In its petition, the Debtor reports
estimated assets between $1 million and $10 million and estimated
liabilities between $500,000 and $1 million.
Honorable Bankruptcy Judge Nancy Hershey Lord handles the case.
The Debtors are represented by Michael L. Walker, Esq. at The Law
Office Of Michael Walker.
TRAVEL + LEISURE: Fitch Affirms 'BB-' LongTerm IDR, Outlook Stable
------------------------------------------------------------------
Fitch Ratings has affirmed Travel + Leisure Co.'s (TNL) Long-Term
Issuer Default Rating (IDR) at 'BB-'. Fitch has also affirmed the
senior secured loans and notes at 'BB+' with a Recovery Rating of
'RR2'. The Rating Outlook is Stable.
The rating reflects TNL's top three position in the timeshare
industry, and strong FCF and leverage profile. The recurring nature
of the timeshare operating model consistently generates positive
FCF, with flexible inventory investment. This is offset by a recent
increase in loan loss provision, exchange business declines, and
general exposure to the discretionary travel industry.
Key Rating Drivers
Stable Leverage Profile: TNL ended 2024 with EBITDA leverage of
3.9x, down from 4.1x the prior year. Fitch's leverage calculation
includes the company's net interest margin from timeshare
financing, marking a variation from its criteria. Fitch excludes
related nonrecourse debt and applies an adjustment to ensure proper
capitalization of the company's captive finance operations. TNL
targets a net debt/adjusted EBITDA ratio of 2.25x-3.00x, which
includes financing income, nets gross recourse debt with cash, and
excludes nonrecourse debt.
Solid Operating Model: TNL generates a substantial portion of
revenue from recurring sources, at roughly 75% of 2024 revenue.
These mainly consist of vacation ownership interests (VOI) upgrade
sales, property management fees, consumer financing, exchange
transactions and subscription revenue. The operating model is also
prepaid by nature, as roughly 80% of the 809,000 owners as of Dec.
31, 2024, have no loans outstanding. Fitch views these factors as a
credit positive, as they provide greater visibility into future
revenue and offer a buffer against inflationary pressures or
economic downturns, given the lock-in rate component.
Mixed Performance: Recent performance demonstrates TNL's ability to
attract new owners and improve margins to counter declines in
exchange members and increases in loan losses. The company expects
the loan loss provision to be 21% in 2025, which is a slightly
higher than the 2024 level. In the travel and membership segment,
the number of exchange members and transactions continues to
steadily decline. The increasingly consolidated industry poses
challenges for the exchange business, as a single dominant
timeshare company can fulfil an array of existing options.
Well-Positioned in a Competitive Industry: With 270+ resorts in
destination cities, TNL is the largest timeshare operator based on
owner families, which provides economies of scale and facilitates
third-party marketing relationships. TNL is well positioned within
the timeshare industry and has a diversified portfolio of vacation
ownership brands operating under the vacation ownership business
line, including Club Wyndham, WorldMark by Wyndham, Margaritaville
Vacation Club, Sports Illustrated Resorts, and Accor Vacations
Club.
Industry Cyclicality: The domestic timeshare market is mature, with
above-average economic cyclical sensitivity due to the consumer
discretionary nature of the product. The industry has a variety of
competitive alternatives, including hotels and alternative lodging
accommodation businesses such as Airbnb, Inc., Vrbo and FlipKey.
The consolidation of the industry into fewer, well-capitalized
companies has allowed the industry to sustain and recover more
quickly from economic downturns.
Variation from Published Criteria: Fitch's Corporate Rating
Criteria calls for deconsolidation of the company's financial
services operations and assumes a hypothetical capital injection to
achieve the target standalone capital structure. A variation from
Fitch's Corporate Rating Criteria was made as Fitch-adjusted EBITDA
incorporates income earned from the company's financial services
operations, which considers the cash generated by Wyndham Consumer
Finance, Inc., the wholly owned consumer financing subsidiary that
flows up directly to TNL, to be stable and sustainable.
Peer Analysis
TNL is the largest timeshare operator, with close to 809,000 owner
families in its system. Comparable peers by size include Marriott
Vacations, with 700,000 owner families, followed by HGV, with
725,000 members.
TNL's and Marriott Vacations' revenues are diversified relative to
HGV due to the inclusion of their respective timeshare exchange
networks, RCI and Interval International. Additionally, Marriott
Vacations has greater brand diversification relative to HGV and TNL
through its relationship with Marriott International, Inc. and
ILG's exclusive licenses to use the Starwood and Hyatt timeshare
brands.
Key Assumptions
- Total revenues grow by low single digits in 2025 through 2027;
- EBITDA margins at approximately 24% through 2027;
- Financing income and expense included within EBITDA;
- Base interest rates applicable to the company's outstanding
variable rate debt obligations reflect current SOFR forward curve;
- Capital return through share repurchases and dividends totalling
roughly $430 million in 2025 through 2027;
- All debt maturities through 2027 addressed by refinancing.
Recovery Analysis
Fitch assigns a 'RR2' Recovery Rating on the secured debt given the
existence of securitized loans in a captive finance subsidiary.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Severe disruption in the asset-backed securities (ABS) markets
such that TNL needs to provide material support to its captive
finance subsidiary;
- Consistently negative FCF and a material decline in liquidity;
- EBITDA leverage sustained above 4.5x.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- EBITDA leverage sustained below 3.5x;
- Greater cash flow diversification by brand or business line;
- Evidence of through-the-cycle sustainability in the company's
capital light inventory sources, such that it does not materially
affect TNL's financial flexibility and operational strategy.
Liquidity and Debt Structure
At 2Q25, TNL had $212 million in cash and cash equivalents and $596
million of available capacity under its $1.0 billion RCF.
Because TNL is reliant on the ABS market to help fund its timeshare
customer lending activities, a significant economic downturn
resulting in tightened credit markets could pressure TNL's
securitization market access and potentially require the company to
provide support to its finance subsidiary. This risk is mitigated
by the company's annual extension of its two-year $600 million
receivable securitization warehouse facility.
As of 2Q25, the combined availability of TNL's U.S. dollar and
Australian dollar/New Zealand dollar conduit facilities totaled
$364 million, with capacity of $747 million.
Issuer Profile
TNL, a timeshare company, operates in two segments. Vacation
Ownership develops, markets, sells and manages VOIs, and provides
consumer financing for VOI sales. Travel and Membership runs
Resorts Condominium International, the world's largest vacation
exchange network, expanding member travel options and
partnerships.
Criteria Variation
Fitch incorporated income from consumer financing operations to
EBITDA
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
----------- ------ -------- -----
Travel + Leisure Co. LT IDR BB- Affirmed BB-
senior secured LT BB+ Affirmed RR2 BB+
TRI-BOROUGH HOME: Hires JLD Tax Resolution as Accountant
--------------------------------------------------------
Tri-Borough Home Care Ltd. seeks approval from the U.S. Bankruptcy
Court for the Eastern District of New York to hire JLD Tax
Resolution Group as his accountant.
The professional services that JLD will render include:
a. reconstruction of accounting records;
b. preparation and/or amendment of required federal and state
tax returns;
c. preparation and review of monthly operating reports;
d. assistance with quantifying and/or negotiating claims of
the Internal Revenue Service and other governmental units; and
e. forensic accounting services to support the Debtor's
reorganization effort.
JLD proposes to be compensated at a flat fee structure, consisting
of a $25,000 retainer deposit and a monthly payment of $4,500,
inclusive of filing fees.
Carmela G. Walrond, Esq, a partner of JLD, assured the court that
the firm is a "disinterested person" under sections 101(14) and
327(a) of the Bankruptcy Code.
The firm can be reached through:
Carmela G. Walrond, Esq.
JLD Tax Resolution Group
512 2nd Street
Union City, NJ 07087
Phone: (201) 604-2432
About Tri-Borough Home Care Ltd.
Tri-Borough Home Care Ltd. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41887) on April
17, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated liabilities up to
$50,000.
Honorable Bankruptcy Judge Nancy Hershey Lord handles the case.
The Debtor is represented by Julio E. Portilla, Esq. at Law Office
Julio E. Portilla, P.C.
TRI-BOROUGH HOME: Taps JLD Tax Resolution Group as Accountant
-------------------------------------------------------------
Tri-Borough Home Care Ltd. seeks approval from the U.S. Bankruptcy
Court for the Eastern District of New York to hire JLD Tax
Resolution Group as accountant.
The professional services that JLD will render include:
a. reconstruction of accounting records;
b. preparation and/or amendment of required federal and state
tax returns;
c. preparation and review of monthly operating reports; and
d. assistance with quantifying and/or negotiating claims of
the Internal Revenue Service and other governmental units.
The Debtor proposes to compensate JLD at its $25,000 down payment
retainer deposit, and $4,500 per month, applicable filing fees
until the bankruptcy case has concluded.
Carmela G. Walrond, Esq, a partner of JLD, assured the court that
the firm is a "disinterested person" under sections 101(14) and
327(a) of the Bankruptcy Code, according to court filings.
The firm can be reached through:
Carmela G. Walrond, Esq.
JLD Tax Resolution Group
5 Montgomery St, Ste 202
Jersey City, NJ 07302
Phone: (201) 479-2572
About Tri-Borough Home Care Ltd.
Tri-Borough Home Care Ltd. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-41887) on April
17, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated liabilities up to
$50,000.
Honorable Bankruptcy Judge Nancy Hershey Lord handles the case.
The Debtor is represented by Julio E. Portilla, Esq. at Law Office
Julio E. Portilla, P.C.
TRICO MILLWORKS: Hires Bernstein Shur Sawyer as Bankruptcy Counsel
------------------------------------------------------------------
Trico Millworks Inc. seeks approval from the U.S. Bankruptcy Court
for the District of Maine to hire Bernstein, Shur, Sawyer & Nelson,
P.A. as general bankruptcy counsel.
The firm's services include:
(a) advising the Debtors with regard to the requirements of the
Bankruptcy Court, Bankruptcy Code, Bankruptcy Rules, Local Rules,
and the Office of the United States Trustee, as they pertain to the
Debtors;
(b) advising the Debtors with regard to certain rights and
remedies of the bankruptcy estate and rights, claims, and interests
of creditors and bringing such claims as the Debtors, in their
business judgment, decide to pursue;
(c) representing the Debtors in any proceeding or hearing in the
Bankruptcy Court involving the estates;
(d) conducting examinations of witnesses, claimants, or adverse
parties, and representing the Debtors in any adversary proceeding
(except to the extent that any such adversary proceeding is in an
area outside of BSSN's expertise);
(e) reviewing and analyzing various claims of the Debtors'
creditors and treatment of such claims and preparing, filing, or
prosecuting any objections thereto or initiating appropriate
proceedings regarding leases or contracts to be rejected or
assumed;
(f) preparing and assisting the Debtors with the preparation of
reports, applications, pleadings, motions, and orders, including,
but not limited to, applications to employ professionals, interim
statements and operating reports, initial filing requirements,
schedules and statements of financial affairs, cash collateral
motion papers, and motions with respect to the Debtors' use of
estate property (to the extent necessary);
(g) assisting the Debtors in the analysis, formulation,
negotiation, and preparation of all necessary documentation
relating to the sale of the Debtors' assets, as appropriate;
(h) assisting the Debtors in the negotiation, formulation,
preparation, and confirmation of a plan; and
(i) performing any other services that may be appropriate in
BSSN's representation of the Debtors as general bankruptcy counsel
in the cases.
The firm will be paid at these rates:
Adam R. Prescott, Attorney (Shareholder) $495 per hour
Kathrine Flynn, Paraprofessional $175 per hour
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
Mr. Prescott disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Adam R. Prescott, Esq.
Bernstein, Shur, Sawyer & Nelson, P.A.
100 Middle Street
PO Box 9729
Portland, Maine 04104
Tel: (207) 774-1200
Fax: (207) 774-1127
Email: aprescott@bernsteinshur.com
About Trico Millworks Inc.
Trico Millworks Inc. designs, fabricates, and installs custom
architectural millwork for commercial construction projects across
Maine and New Hampshire. Founded in 2000, the Company serves
schools, medical facilities, and office buildings, providing
cabinetry, doors, stair components, reception and display fixtures,
and other interior woodwork, and holds QCP Certification from the
Architectural Woodwork Institute. Trico Millwork collaborates with
contractors on projects ranging from small fit-ups to large-scale
millwork packages.
Trico Millworks Inc. sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Me. Case No. 25-20222) on
September 15, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Michael A. Fagone handles the case.
The Debtor is represented by Adam Prescott, Esq. at BERNSTEIN SHUR
SAWYER & NELSON, P.A. BCM ADVISORY GROUP is the Debtor's Financial
Advisor.
TRICOLOR AUTO: Vervent Takes Over Loan Servicing After Ch. 7
------------------------------------------------------------
In response to the Tricolor Holdings Chapter 7 bankruptcy filing,
Vervent Inc. has been authorized to step in as a successor
servicer. Previously designated as backup servicer, Vervent has
been given authority to assume servicing for the majority of
Tricolor Holdings approximate 100,000 subprime auto loans, ensuring
continued support for impacted borrowers.
Before the Tricolor Holdings collapse, Vervent was designated as
backup servicer, a role designed to protect consumers in the event
of servicer or loan originator failure. Vervent was not involved in
Tricolor Holdings originating practices or servicing operations
prior to the collapse. On September 19, a bankruptcy trustee court
ruling authorized Vervent to assume servicing duties to ensure
continuity of service and borrower support.
Vervent is working closely with Wilmington Trust (Indenture
Trustee) and JPMorgan Chase Bank (Administrator) to facilitate the
court-supervised transfer of servicing. The company has already
begun the process of onboarding borrower data, converting accounts
into its servicing systems, and preparing its customer service
teams to handle increased volume.
"Our top priority is making sure borrowers are treated in a fair
and transparent manner," said David Johnson, CEO of Vervent. "We
know how disruptive it can be when access to vehicle information
and loan servicing is suddenly lost. Our team is working quickly
and carefully to restore normal operations and provide clear
communication throughout the transition."
As successor servicer, Vervent's responsibilities include:
-- Managing loan payments and account servicing
-- Securing and transferring funds
-- Handling vehicle inventory such as titles and keys
-- Assisting customers with loan payoffs, payment plans and
insurance claims
-- Working with regulatory agencies to ensure compliance with all
laws, rules, and regulations
Loan terms and payment obligations remain unchanged. Borrowers will
receive updates as the bankruptcy process continues.
Support for Impacted Tricolor Borrowers
Borrowers are still responsible for making payments. Please
continue to manage your account and make payments as you normally
would.
Tricolor Customer Service: 1-888-44TRICO (1-888-448-7426)
Email: Tricolor@acct-admin.com
Prefer to Manage Your Account Online? All payment portals are
active. You can continue making payments and manage your account
online.
The Importance of Reliable Backup Servicing Safeguards
Now more than ever, Capital Markets Services such as Backup
Servicing, secure eVaults, Collateral and Liquidation Agent
capabilities play a critical role in structured finance. These
safeguards offer investors assurance that portfolios can be
converted and serviced with minimal to no disruption, and it
provides issuers and trustees with a reliable partner committed to
support borrowers and maintain portfolio performance.
"This situation highlights why having an experienced and capable
backup servicer is so critical," added Johnson. "This critical
safeguard is built into financial systems to protect consumers when
things go wrong. Our job now is to step in, stabilize the
situation, and make sure borrowers are taken care of."
Vervent has activated emergency protocols to address urgent
borrower needs. With over 35 years of experience, the company has
successfully managed multiple high-pressure servicing transfers,
including converting distressed auto portfolios in compressed time
frames and handling high volumes of consumer communications -- all
while maintaining service quality.
About Vervent:
As a fintech leader in the industry, Vervent sets the global
standard for outperformance by delivering superior expertise,
future-built technology, and meaningful services. We support our
partners with primary strategic services including Primary Loan &
Lease Servicing, Backup Servicing/Capital Markets Services, eVault
Solutions, Managed Services, and Credit Card Servicing. Vervent
empowers companies to accelerate business, drive compliance, and
maximize service.
About Tricolor Auto Acceptance
Tricolor Auto Acceptance is an Irving, Texas-based subprime auto
lender.
Tricolor Auto Acceptance, together with its parent Tricolor Auto
Group and other affilites sought relief under Chapter 7 of the U.S.
Bankruptcy Code(Bankr. N.D. Tex. Case No. 25-33497) on September
10, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 billion and $10 billion each.
The Debtor is represented by Thomas Robert Califano, Esq. at Sidley
Austin LLP.
TRUCK & TRAILER: Hires Modestas Law Offices as Bankruptcy Counsel
-----------------------------------------------------------------
Truck & Trailer Leasing Avenue seeks approval from the U.S.
Bankruptcy Court for the Northern District of Illinois to hire
Modestas Law Offices, P.C. as its bankruptcy counsel.
The firm's services include:
(a) negotiating with creditors;
(b) preparing a plan and financial statements;
(c) examining and resolving claims filed against the estate;
(d) preparing pleadings filed in the case;
(e) interacting with the trustee in this case;
(f) attending court hearings; and
(g) representing the Debtor in matters before the Court.
Saulius Modestas, Esq., founder of Modestas Law, will charge $530
per hour for his services.
Mr. Modestas assured the court that he does not hold or represent
an interest adverse to the Estate, and that he is a disinterested
person within the meaning of Sec. 327(a).
The firm can be reached through:
Saulius Modestas, Esq.
Modestas Law Offices, P.C.
401 S. Frontage Rd.
Burr Ridge, IL 60527-7115
Telephone: (312) 251-4460
Facsimile: (312) 277-2586
Email: smodestas@modestaslaw.com
About Truck & Trailer Leasing Avenue LLC
Truck & Trailer Leasing Avenue LLC specializes in long-distance
freight transportation services, operating in Illinois.
Truck & Trailer Leasing Avenue LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-05906) on
April 16, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Jacqueline P. Cox handles the case.
The Debtor is represented by Saulius Modestas, Esq. at MODESTAS LAW
OFFICES, P.C.
VILLA CHARDONNAY: Seeks to Hire Totaro & Shanahan LLP as Counsel
----------------------------------------------------------------
Villa Chardonnay Horses With Wings Inc. seeks approval from the
U.S. Bankruptcy Court for the Southern District of California to
hire Totaro & Shanahan, LLP as counsel.
The firm's services include:
a. counseling of Debtor through meetings and phone calls,
discussions concerning the requirements of the Bankruptcy Code, the
Federal Rules of Bankruptcy Procedure, the Local Bankruptcy Rules,
and the United States Trustee Guidelines;
b. documenting preparation or amendments concerning the
petition and schedules, status reports, review and consultation
concerning Monthly Operating Reports, and personal attendance at
all hearings;
c. consulting with Debtor's representative concerning
documents needed and reports to be prepared and consultation with
real estate counsel re title and other issues;
d. assisting Debtor in preparation of documents for compliance
with the requirements of the Office of the United States Trustee;
e. negotiating with secured and unsecured creditors regarding
the amount and payment of their claims;
f. discussing with Debtor's representative concerning the
Disclosure Statement and plan of reorganization;
g. preparing of the Disclosure Statement and Chapter 11 Plan
of Reorganization and any amendments/changes to the same unless
filed as a Sub-V case which does not require a disclosure
statement;
h. submitting of ballots to creditors, tally of ballots and
submission to the Court;
i. responding to any objections to disclosure statement and/or
plan;
j. negotiating with creditors as to values, etc., and the plan
of reorganization; and
k. responding to any motions for relief from stay, motions to
dismiss or any other motions or contested matters.
The firm will be paid at these rates:
Attorney $550 per hour
Paralegal $150 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Michael R. Totaro, Esq., a partner at employ Totaro & Shanahan,
LLP, disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Michael R. Totaro, Esq.
Totaro & Shanahan, LLP
P.O. Box 789
Pacific Palisades, CA 90272
Telephone: (310) 804 2157
Email: Ocbatty@aol.com
About Villa Chardonnay Horses With Wings Inc.
Villa Chardonnay Horses With Wings Inc., based in Julian,
California, operates as a nonprofit animal sanctuary providing care
for rescued horses, cats, dogs, goats, and other animals, with a
focus on senior and special-needs animals. The organization
maintains a large, peaceful environment for these animals and
relies on donations and volunteer support to sustain its
operations. It is classified within the animal welfare and rescue
sector.
Villa Chardonnay Horses With Wings Inc. sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. S.D. Cal. Case No. 25-03692)
on September 1, 2025. In its petition, the Debtor reports total
assets of $3,978,280 and total liabilities of $7,073,342.
The Debtor is represented by Michael R. Totaro, Esq. at TOTARO &
SHANAHAN, LLP.
VIVA LIBRE: Seeks to Hire Red Hot Properties as Consultant
----------------------------------------------------------
Viva Libre Restaurant Concepts, Inc. seeks approval from the U.S.
Bankruptcy Court for the Central District of California to hire Red
Hot Properties to serve as consultant.
The firm will provide the Debtor with a valuation analysis of its
business interest to support values provided for in the Debtor's
Chapter 11, Subchapter V Plan of Reorganization.
The firm will receive a lump sum immediate payment of $1,000 for
the detailed valuation and an interim monthly payment on an hourly
basis at a rate of $300 per hour for other work that may arise in
the court of the bankruptcy proceeding at a maximum amount of
$2,400 per month.
As disclosed in the court filings, Red Hot Properties is a
"disinterested person" as defined by 11 U.S.C. Section 101(14).
The firm can be reached through:
Siavosh "Sam" Ardalan
Red Hot Properties
4790 Irvine Blvd., Suite 105-594
Irvine, CA 92620
Phone: (714) 858-0507
About Viva Libre Restaurant Concepts
Viva Libre Restaurant Concepts Inc. operates Blue Agave Southwest
Grill, a Mexican and Southwestern fusion restaurant based in Yorba
Linda, California. The restaurant offers dishes like Mahi Mahi,
Mazatlan Mango Wrap and Montego Bay Coconut Shrimp.
Viva Libre filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-11186) on May 1,
2025. In its petition, the Debtor reported between $500,000 and $1
million in assets and between $1 million and $10 million in
liabilities.
Judge Theodor Albert handles the case.
The Debtor is represented by Christopher James Langley, Esq., at
Shioda Langley & Chang, LLP.
VMR CONTRACTORS: Court Extends Cash Collateral Access to Oct. 24
----------------------------------------------------------------
VMR Contractors Inc. received another extension from the U.S.
Bankruptcy Court for the Northern District of Illinois, Eastern
Division to use cash collateral.
The order authorized the Debtor to use cash collateral through
October 24 in accordance with its budget and the terms of the order
entered on March 1, 2023.
The budget shows total expenses of $488,000 for the period ending
October 24. These expenses include payroll, payroll taxes, steel
purchases, office supplies, union benefits, and other expenses.
The next hearing is scheduled for October 20.
As previously reported, several entities may claim an interest in
the Debtor's cash collateral. Those potential claimants are:
1. State of Illinois, which recorded state tax liens on April
28 and June 14, 2022, in the total amount of $32,346.
2. Internal Revenue Service, which recorded federal tax liens
with the Illinois Secretary of State, including a lien November 16,
2016, in the amount of $424,956. Other tax liens also have been
recorded; the IRS has asserted it is owed $819,234. The Debtor
disputes a large portion of this amount, including an obligation
from 2015 of $560,027, which appears to be clearly erroneous
because it is wholly disproportionate to the Debtor's operations.
3. Old National Bank, whose predecessor, Bridgeview Bank
Group, filed on August 1, 2018, a financing statement with the
Illinois Secretary of State as document number 023614561. The
amount owed to Old National is approximately $160,633.
About VMR Contractors
VMR Contractors, Inc. is in the business of supplying and
installing rebar for road construction projects.
VMR Contractors sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. N.D. Ill. Case No. 22-14211) on Dec. 8,
2022, with $500,001 to $1 million in assets and $1 million to $10
million in liabilities. Vincent Roberson, president of VMR
Contractors, signed the petition.
Judge Benjamin Goldgar oversees the case.
The Debtor is represented by William J. Factor, Esq., at The Law
Office of William J. Factor, Ltd.
WALKER EDISON: Moves Closer to Settlement of $13M DIP, Sale
-----------------------------------------------------------
Alex Wittenberg of Law360 Bankruptcy Authority reports that on
Tuesday, Sept. 23, 2025, Walker Edison informed a Delaware
bankruptcy judge that it is close to finalizing an agreement with
lenders, unsecured creditors, and additional parties to share
proceeds from its planned asset sale. The court raised concerns
about whether adequate notice of the arrangement had been
provided.
About Walker Edison Holdco
Walker Edison, a Delaware corporation headquartered in West Jordan,
Utah, designs and distributes affordable, ready-to-assemble home
furnishings, operating primarily through e-commerce channels rather
than traditional retail stores. Its business is managed by Walker
Edison Intermediate, LLC and Walker Edison Holdco, LLC, and it owns
EW Furniture, LLC, a Utah-based subsidiary. The company sources
most products from suppliers in Asia and Brazil, distributing them
through its Ohio and California centers or directly via major
e-commerce platforms including Wayfair, Amazon, Walmart, Target,
and Home Depot, with gross sales of roughly $124.6 million in
2024.
Walker Edison Holdco, LLC and three affiliates filed Chapter 11
petitions (Bankr. D. Del. Lead Case No. 25-11602) on August 28,
2025. At the time of the filing, Walker Edison Holdco listed up to
$50,000 in assets and between $100 million and $500 million in
liabilities.
Judge Thomas M. Horan oversees the cases.
The Debtors tapped Morris, Nichols, Arsht & Tunnell, LLP as legal
counsel; Lincoln International, LLC as investment banker; MACCO
Restructuring Group, LLC as transformation advisor. Epiq Corporate
Restructuring, LLC is the Debtors' notice, claims and
administrative agent.
WATERBRIDGE MIDSTREAM: Moody's Ups CFR to Ba3, Outlook Stable
-------------------------------------------------------------
Moody's Ratings upgraded WaterBridge Midstream Operating LLC's
(WaterBridge Midstream) Corporate Family Rating to Ba3 from B2,
Probability of Default Rating to Ba3-PD from B2-PD, and backed
senior secured term loan rating to Ba3 from B2, while revising the
outlook to stable from negative. Moody's also assigned a
Speculative Grade Liquidity (SGL) rating of SGL-2 to WaterBridge
Midstream.
Concurrently, Moody's upgraded WaterBridge NDB Operating LLC's
(WaterBridge NDB) CFR to Ba3 from B2, PDR to Ba3-PD from B2-PD, and
senior secured term loan rating to Ba3 from B2, while the outlook
on WaterBridge NDB's ratings remains stable.
WaterBridge NDB is merging with WaterBridge Midstream, with
WaterBridge Midstream as the surviving entity, after which Moody's
will withdrew WaterBridge NDB's CFR and PDR. WaterBridge Midstream
is assuming WaterBridge NDB's term loan.
"The upgrades of WaterBridge ratings reflect expected merger
benefits, including greater operational scale, a more diversified
customer base, and expanded geographic presence, particularly in
the highly economic Permian Basin," commented Jonathan Teitel, a
Moody's Vice President.
RATINGS RATIONALE
WaterBridge Midstream's and WaterBridge NDB's Ba3 CFRs reflect
sizable scale and moderate leverage post-merger. Proceeds from the
initial public offering (IPO) of stock in the parent company
WaterBridge Infrastructure LLC (WaterBridge Infrastructure), are
allocated for redeeming preferred equity, debt reduction, and
boosting cash reserves of the combined entity, thereby enhancing
liquidity and financial flexibility to support growth capital
spending and further growth in revenue and earnings. The combined
business operates crucial midstream infrastructure for managing
produced water in oil production, capitalizing on improved
economies of scale to deliver disposal services more competitively.
It derives the majority of revenue under long-term, fixed-fee
contracts, which mitigates commodity price risk, although produced
water volumes rely on capital spending by oil producers. The
business benefits from significant customer-dedicated acreage.
While revenue concentration in the Delaware Basin introduces event
risks such as shifts in drilling and completion activities,
transportation constraints, and weather disruptions, the merger
diversifies customer exposure within the highly economic
oil-producing region. There is some revenue concentration among top
customers, but these include counterparties with strong credit
profiles.
Governance considerations were one of the key drivers in this
rating action, including Moody's positive assessments of the new
financial policies, as well as the elimination of the preferred
equity, the simplification of the organizational and capital
structures, and benefits from the expected debt refinancing
transaction. Following the merger and the refinancing, the
management targets to maintain its debt/EBITDA below 3.0x.
WaterBridge Midstream's SGL-2 rating reflects Moody's expectations
for the company to maintain good liquidity post-merger. WaterBridge
Midstream will continue to have its $100 million revolver due 2028
while WaterBridge NDB's $100 million revolver due 2027 is also
being retained. As of August 31, 2025, WaterBridge Midstream had
$25 million in outstanding borrowings on its revolver and
WaterBridge NDB had $80 million outstanding (it expects to borrow
$10 million more prior to completion of the IPO). However, revolver
borrowings will be entirely repaid with proceeds from the IPO and
proceeds added to the balance sheet will boost cash to roughly $350
million. Capital expenditures associated with growth projects are
likely to result in negative free cash flow in the first half of
2026. As a result, the cash that is added to the balance sheet is
important to support liquidity. The business plans to establish a
new $500 million revolver as part of its planned refinancing
transaction, increasing revolver capacity by $300 million,
alleviating the need for a high cash balance. The existing
revolvers' financial covenants are expected to be amended such that
both facilities include a minimum debt service coverage ratio of
1.1x and a maximum net leverage ratio of 5.0x. The term loans have
minimum debt service coverage ratios of 1.1x. Moody's expects
compliance with these financial covenants.
WaterBridge Infrastructure, through its subsidiary WBI Operating
LLC (WBI), the indirect parent company of WaterBridge Midstream and
WaterBridge NDB, plans to establish the new 5-year senior secured
revolver to replace WaterBridge Midstream's and WaterBridge NDB's
revolvers. WBI's new revolver is expected to require that it issue
at least $750 million in senior unsecured notes, using these
proceeds to repay term loan borrowings. The new revolver's maturity
would spring three months ahead of any debt that matures prior to
the revolver. In conjunction with the merger, Desert Environmental,
LLC (Desert Environmental) is being contributed to the combined
business. Desert Environmental is repaying and terminating its
credit facilities as part of this transaction, including its $14
million term loan and $2 million revolver. After the merger and the
IPO, there will be no preferred equity outstanding.
WaterBridge Midstream's and WaterBridge NDB's senior secured term
loans, due 2029, are rated Ba3, the same as the CFRs, due to all
the debt ranking pari passu. Post-merger, WaterBridge Operating LLC
(WaterBridge Midstream's parent company) and WaterBridge
Infrastructure will guarantee both term loans and both revolvers.
As of August 31, 2025, existing term loan balances were $1.141
billion for WaterBridge Midstream and $571 million for WaterBridge
NDB.
The stable outlooks anticipate increasing produced water volumes
driving EBITDA growth, as well as maintenance of the pro forma
leverage profile and good liquidity while pursuing growth
opportunities. The stable outlook also assumes that the company
successful completion of the merger and execution of refinancing
plans in a timely manner.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to an upgrade include building a successful
track record operating as a public company and further growing
scale while maintaining a solid leverage profile with debt/EBITDA
sustained below 3.0x; consistent positive free cash flow
generation; significantly reduced volume risks; and maintaining
conservative financial policies and strong liquidity.
Factors that could lead to a downgrade include an increase in
leverage, with debt/EBITDA above 4.0x; debt-funded growth or
dividends that lead to higher leverage; increased counterparty
risks; or deteriorating liquidity.
Prior to the merger WaterBridge Midstream, headquartered in
Houston, Texas, operated water midstream infrastructure in the
Southern Delaware and Arkoma Basins. It was majority owned by
investment funds of Five Point Energy LLC (Five Point). WaterBridge
NDB, also headquartered in Houston, operated water midstream
infrastructure in the Northern Delaware and Eagle Ford Basins. It
was also majority owned by investment funds of Five Point, while
other shareholders included Devon Energy Corporation (Baa2 stable)
and GIC. Post-merger, the combined business is set to operate
through subsidiaries of WaterBridge Infrastructure.
The principal methodology used in these ratings was Midstream
Energy published in February 2022.
WaterBridge Midstream's Ba3 rating is three notches above the
scorecard-indicated outcome of B3. The difference reflects, among
other factors, the greater scale, improved business and financial
profiles, and stronger credit metrics post-merger with WaterBridge
NDB.
For WaterBridge NDB, the net effect of any adjustments applied to
rating factor scores or scorecard outputs under the primary
methodology(ies), if any, was not material to the ratings addressed
in this announcement.
WEABER INC: Committee Taps Dentons as Bankruptcy Counsel
--------------------------------------------------------
The official committee of unsecured creditors of Weaber, Inc. seeks
approval from the U.S. Bankruptcy Court for the Middle District of
Pennsylvania to employ Dentons as its counsel.
The firm will render these services:
a. advise the Committee with respect to its rights, duties and
powers in this case;
b. assist and advise the Committee in its consultations with
the Debtors relating to the administration of the Chapter 11
Cases;
c. assist the Committee in analyzing the claims of the
Debtors' creditors and the Debtors' capital structures and in
negotiating with the holders of claims and, if appropriate, equity
interests;
d. assist the Committee's investigation of the acts, conducts,
assets, liabilities and financial condition of the Debtors and
other parties involved with the Debtors, and of the operation of
the Debtors' businesses;
e. assist the Committee in its analysis of, and negotiations
with the Debtors or any other third party concerning matters
related to, among other things, the assumption or rejection of
certain leases of non-residential real property and/or executory
contracts, asset dispositions, financing transactions and the terms
of a plan of reorganization or liquidation for the Debtors;
f. assist and advise the Committee as to its communications,
if any, to the general creditor body regarding significant matters
in this case;
g. represent the Committee at all hearings and other
proceedings;
h. review and analyze, as well as advise the Committee with
respect to, applications, orders, statements of operations and
schedules filed with the Court;
i. assist the Committee in preparing pleadings and
applications as may be necessary in furtherance of the Committee's
interests and objectives; and
j. perform such other services as may be required and are
deemed to be the in the interests of the Committee in accordance
with the Committee's powers and duties as set forth in the
Bankruptcy Code.
Dentons' customary hourly rates are:
James R. Irving, Partner (Louisville) $975
Thomas D. Maxson, Partner (Pittsburgh) $920
Troy A. Lawrence, Associate (Portland) $530
David K. Boydstun, Associate (Louisville) $480
Campbell Flaherty, Associate (Pittsburgh) $410
Samantha Hayes, Paralegal (Portland) $410
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
James R. Irving, Esq., a partner at Dentons, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached at:
James R. Irving, Esq.
David K. Boydstun, Jr., Esq.
DENTONS UNITED STATES, LLP
3500 PNC Tower
101 South Fifth Street
Louisville, KY 40202
Phone: (502) 587 3606
Email: james.irving@dentons.com
david.boydstun@dentons.com
About Weaber Inc.
Weaber Inc. manufactures and distributes hardwood lumber products
across the United States. Combining advanced production technology
with strict quality standards, it supplies flooring, trim, paneling
and other specialty hardwood components in both full-truckload and
small-lot deliveries.
Weaber Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. M.D. Pa. Case No. 25-02167) on August 1, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $10 million and $50 million each.
Honorable Bankruptcy Judge Henry W. Van Eck handles the case.
The Debtor is represented by Albert A. Ciardi, III, Esq. at Ciardi
Ciardi and Astin.
WELLMADE FLOOR: Seeks to Hire Ordinary Course Professionals
-----------------------------------------------------------
Wellmade Floor Coverings International, Inc. and Wellmade
Industries MFR NA LLC seeks approval from the U.S. Bankruptcy Court
for the Northern District of Georgia to retain non-bankruptcy
professionals in the ordinary course of business.
The Debtors need ordinary course professionals to perform services
for matters unrelated to these Chapter 11 cases.
The Debtors seek to pay OCPs 100 percent of the fees and expenses
incurred.
The Debtors do not believe that any of the OCPs have an interest
materially adverse to them, their estates, creditors, or other
parties in interest in connection with the matter upon which they
are to be engaged.
The OCPs include:
CliftonLarsonAllen
c/o Adam Matheson, Esq.
220 South Sixth Street, Suite 300
Minneapolis, MN 55402-1436
-- Tax, Accounting, Advisory, Assurance
Venable
c/o Stephen Gallagher, Esq.
1850 Towers Crescent Plaza, Suite 400,
Tysons, VA 22182
-- Intellectual Property Law
About Wellmade Floor Coverings International
Wellmade Floor Coverings International Inc. manufactures and
distributes hard-surface flooring products, including bamboo,
hardwood, and vinyl. The privately owned Company is based in the
United States, with a manufacturing facility in Cartersville,
Georgia, and sales offices and warehousing in Portland, Oregon. A
non-debtor affiliate operates in China.
Wellmade Floor Coverings International Inc. and its affiliates
sought relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
N.D. Ga. Lead Case No. 25-58764) on August 4, 2025. In its
petition, Wellmade Floor reports estimated assets between $50
million and $100 millio million and $50 million.
Honorable Bankruptcy Judge Sage M. Sigler handles the cases.
The Debtors are represented by Greenberg Traurig, LLP. Kurtzman
Carson Consultants, LLC d/b/a Verita Global is the Debtors' claims,
noticing, solicitation and administrative agent.
WELLPATH HOLDINGS: Chapter 11 Protects Co. from Inmate Stroke Suit
------------------------------------------------------------------
Parker Quinlan of Law360 reports that a federal judge in North
Carolina has ruled that Wellpath LLC, the healthcare provider for
the Mecklenburg County Jail, cannot be held liable in a lawsuit
tied to the death of Jamil Stafford, an incarcerated man who
suffered a fatal stroke.
Judge Kenneth D. Bell said Monday, September 22, 2025, that
bankruptcy protections shield Wellpath from the claims, but he
allowed the case to continue against Sheriff Garry L. McFadden and
several Wellpath employees accused of violating Stafford's
constitutional rights, according to the report.
The judge dismissed arguments that Wellpath's insurance could
provide coverage, finding no evidence such a policy exists. Still,
six employees will remain defendants in the case after Bell
determined there was enough evidence to support allegations of
"deliberate indifference" to Stafford's medical needs. Civil rights
claims against Sheriff McFadden also survived, though negligence
claims related to his hiring of Wellpath were rejected on immunity
grounds, according to Law360.
The lawsuit was filed in 2024 by Stafford's mother, Lessie Thomas,
who contends that jail staff ignored clear warning signs of her
son's stroke. Bell noted that while the family faces a "steep
uphill climb" in proving its claims, the case will move forward
against those individuals most directly involved. The litigation,
Thomas v. McFadden et al., continues in the U.S. District Court for
the Western District of North Carolina, the report states.
About Wellpath Holdings
Wellpath Holdings, Inc., formerly known as CCS-CMGC Holdings, Inc.,
is a provider of medical and mental healthcare in jails, prisons,
and inpatient and residential treatment facilities.
Wellpath Holdings and its affiliates sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Texas Lead Case
No. 24-90533) on Nov. 11, 2024. Timothy Dragelin, chief
restructuring officer and chief financial officer, signed the
petitions. At the time of the filing, the Debtors reported $1
billion to $10 billion in assets and liabilities.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Marcus A. Helt, Esq., at McDermott Will & Emery,
LLP, as bankruptcy counsel; FTI Consulting, Inc., as financial
advisor; and Lazard Freres & Co., LLC and MTS Partners, LP as
investment banker.
WHITEHALL PHARMACY: Hires Sykes & Company P.A. as Accountant
------------------------------------------------------------
Whitehall Pharmacy LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Arkansas to employ Sykes &
Company, P.A. as accountant.
The firm will provide cash flow management and analysis and
month-end general ledger reporting and processing.
The firm will be paid at these rates:
Controllership $3,741.67 per month
Rx Onboarding $15,000 flat rate
Sykes & Company, P.A. does not hold or represent any interest
adverse to the Debtor or its estate, according to court filings.
The firm can be reached through:
Ollin B. Sykes, CPA
Terri S. Harrell
Sykes & Company, P.A.
401 E Church St 3rd Floor
Edenton, NC 27932
Phone: (252) 482-7644
Email: terri@sykes-cpa.com
About Whitehall Pharmacy
Whitehall Pharmacy LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Ark. Case No. 25-12406) on July 21,
2025, listing up to $10 million in both assets and liabilities.
Judge Phyllis M. Jones oversees the case.
Charles Darwin Davidson, Sr., Esq., at Davidson Law Firm serves as
the Debtor's counsel.
WINDSTREAM SERVICES: Fitch Rates New 7-Yr. Secured Term Loan 'BB-'
------------------------------------------------------------------
Fitch Ratings has assigned a 'BB-' rating and Recovery Rating of
'RR1' to Uniti's subsidiary Windstream Services LLC's proposed
seven- year senior secured term loan. The net proceeds will be used
to refinance the 10.5% senior secured notes due 2028 maturity in
part.
Fitch expects the combination of Uniti and Windstream to generate
significant operating synergies from the recombination. Fitch
expects the continued decline in legacy services and the negative
impact of elevated capex over the next four years to result in
higher leverage, negative FCF, and reduced interest coverage.
Key Rating Drivers
Windstream Acquisition: On May 3, 2024, Uniti announced its
acquisition of Windstream. The merger closed on Aug. 1, 2025. The
merger positions the combined company in Tier II and Tier III
markets with significant opportunities to increase its fiber build
to drive attractive fiber broadband sub growth. Management projects
up to $100 million in operating expense and $20 million-$30 million
in capex synergies.
Fitch expects the merger will provide operating efficiencies as the
company brings more combined traffic on net and targets incremental
opportunities within the combined network. The combined company
aims to reach two million subscribers by the end of 2025 (up from
the prior target of about 1.9 million by 2027). Uniti targets an
additional 1.5 million homes passed by YE 2029. The company's fiber
plant passed 37% of its footprint at YE 2024 and plans to pass
approximately 43% by YE 2025.
Revenue Pressures Continue: Fitch expects the combined company to
experience revenue pressure in the near term, particularly in the
Uniti Solutions segment due to declining legacy products-related
revenue and effects of competition. This pressure should be offset
over time with growth in the consumer fiber business as the company
continues to pass additional households with fiber and increases
penetration levels as well as emerging opportunities related to
AI-driven growth.
Elevated Leverage: Fitch expects the PF leverage of the combined
company as of YE 2025 to be in the low-6x range. Leverage is
expected to remain elevated over the next several years due to
revenue and EBITDA pressures from Windstream's legacy revenue and
high capex for planned Fiber to the Home deployments. Fitch expects
EBITDA/Interest coverage to be weak for the rating over the next
several years.
Negative FCF: Fitch expects capex needs to result in material cash
flow deficits for the next three-plus years due to the elevated
capex to fund the FTTH build. Uniti is expected to access the
capital markets, including potential ABS funding, to fund expected
cash flow shortfalls. However, Fitch expects FCF should start to
improve after 2028 as these expenditures decrease and EBITDA shows
improvement.
Limited Liquidity: Liquidity at June 30, 2025 for standalone Uniti
was approximately $740 million, consisting of about $240 million in
cash and revolver availability of about $500 million. The $500
million revolving facility matures in September 2027. Liquidity at
June 30, 2025 for standalone Windstream was approximately $491
million, consisting of about $163 million in cash and revolver
availability of about $328 million. The combined company has
limited maturities until 2028 when roughly $2.85 billion of secured
debt matures. Fitch expects the company will need to raise
additional capital to fund the cash flow shortfalls.
Parent-Subsidiary Linkage: Windstream Services LLC, Uniti Group
LLC, Uniti Fiber Holdings Inc and Uniti Group Inc. have the same
IDR because of comprehensive cross-guarantee provisions in
long-dated bonds.
Peer Analysis
Uniti is a hybrid company with characteristics of an incumbent
operator through its Kinetic business unit (ILEC business) which
operates in smaller urban or rural areas of 18 states. They also
provide business services through their Uniti Solutions (CLEC). The
Fiber Infrastructure businesses provides infrastructure to other
communication providers, hyperscalers and wireless towers.
Legacy Uniti's network is one of the largest independent fiber
providers in the U.S., along with Zayo Group Holdings, Inc. The
business models of Uniti and Zayo are unlike the wireline business
of communications services providers, including AT&T Inc.
(BBB+/RWN), Verizon Communications Inc. (A-/Stable) and Lumen
Technologies (CCC+/Rating Watch Positive). Uniti and Zayo are
infrastructure providers, which may be used by communications
service providers to offer retail services including wireless,
voice, data and internet.
The Windstream acquisition provides access to Windstream's 4.3
million Kinetic households. The combined company will own 237,000
national wholesale fiber route miles, with first mover advantage in
Tier II and Tier III markets. In addition, it brings an Enterprise
business similar to AT&T, Verizon and Lumen, although significantly
smaller
Uniti has a similar business profile to both Frontier
Communications Parent, Inc. (B+/Rating Watch Positive) and
Cincinnati Bell Inc. (B/Stable). Uniti has less exposure to the
residential market than Frontier. Consumers account for about
one-third of Uniti's revenue but over half of Frontier's.
Frontier will have a larger scale than the combined company and
operates at slightly lower leverage compared with the combined
company's expected leverage of about 6x in 2025. Cincinnati Bell is
further along in their fiber transition, having largely completed
their Cincinnati build and are 60+% complete with their Hawaii
build and have lower leverage.
Key Assumptions
For the Combined Company
- $3.76 billion of pro forma 2025 revenue for the combined Uniti
and Windstream;
- Pro forma 2025 EBITDA of $1.5 billion;
- Revenue expected to decline low single digits in 2026, flat in
2027 before turning to low single digit growth thereafter;
- EBITDA margins show general improvement over time as higher
margin fiber business becomes a larger portion of the whole;
- Combined pro forma capex expected to be $1.25 billion in 2025 and
$1.33 billion in 2026;
- Preferred equity dividends paid in kind.
Recovery Analysis
The recovery analysis assumes that Uniti would be considered a
going concern in a bankruptcy and that the company would be
reorganized rather than liquidated. Fitch has assumed a 10%
administrative claim. The recovery analysis reflects new Uniti's
standalone credit silo waterfall. The revolvers are assumed to be
fully drawn.
The going-concern EBITDA estimate reflects Fitch's view of
sustainable, post-reorganization EBITDA, upon which Fitch bases the
valuation of the company. This leads to a post-reorganization
EBITDA estimate of $1335 million. EBITDA pressures could result
from increased competitive pressures from cable and fixed wireless
access companies as well as slower than expected demand from
hyperscalers and other wholesale customers.
Post-reorganization valuation uses a 6.0x enterprise value
multiple. The multiple reflects the higher asset value of the fiber
networks as Uniti continues to build out its network.
The multiple is in line with the range for telecom companies
published in Fitch's "Telecom, Media and Technology Bankruptcy
Enterprise Values and Creditor Recoveries" report. The most recent
report indicates a median of 5.4x.
Other wireline companies, with significant investments in fiber,
have traded at enterprise multiples of between 8.5x-14x EBITDA over
the last two years.
The recovery analysis produces a Recovery Rating of 'RR1' for the
secured debt, reflecting strong recovery prospects, and 'RR5' for
the senior unsecured debt, reflecting the lower recovery prospects
of unsecured debt, given its position in the capital structure.
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 7.5x on a sustained basis;
- Deterioration in operating profile and market position due to
competitive forces;
- EBITDA interest coverage sustained below 1.5x
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Consistent gains in revenue and EBITDA that provide a clear path
towards positive FCF;
- EBITDA leverage sustained below 5.5x;
- Successful fiber deployment execution, including continued
improvement in consumer fiber customer penetration
Liquidity and Debt Structure
Standalone Uniti had approximately $740 million of liquidity on
June 30, 2025, consisting of unrestricted cash of approximately
$240 million and revolver availability of $500 million. The $500
million revolving facility matures in September 2027. Subsequent to
2Q25 end, Uniti funded a $371 million payment to Windstream
shareholders as part of their merger using cash and revolver
availability.
Standalone Windstream had approximately $491 million of liquidity
on June 30, 2025, consisting of about $163 million in cash and
revolver availability of about $328 million.
The next maturities for Uniti Group Inc are the revolving credit
facilities and 7.5% convertible senior notes due in 2027.
Issuer Profile
Uniti offers bundled broadband and voice services to consumers
primarily in rural areas in 18 states as well as services to
Enterprise customers and Wholesale offerings. On Aug. 1, 2025,
Uniti completed its re-merger with Windstream.
Date of Relevant Committee
24-Aug-2025
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
----------- ------ --------
Windstream Services, LLC
senior secured LT BB- New Rating RR1
WRIGHT HOUSES: Taps Edwin M. Shorty Jr. as Bankruptcy Counsel
-------------------------------------------------------------
Wright Houses NOLA LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Louisiana to hire Edwin M.
Shorty, Jr. & Associates, A.P.L.C. as its legal counsel.
The firm will render these services:
(a) provide legal advice with respect to the Debtor's powers
and duties as debtor in possession in the continued management and
operation of its businesses and properties;
(b) attend meetings with representatives of the Debtor's
creditors and other parties in interest;
(c) take all necessary action to protect and preserve the
estate of the Debtor;
(d) prepare on behalf of the Debtor motions, applications,
answers, orders, reports, and papers necessary to the
administration of the Debtor's estates;
(e) take any necessary action on behalf of the Debtor to
obtain confirmation of its plan;
(f) appear before this Court to protect the interests of the
Debtor before this Court;
(g) perform all other necessary legal services and provide all
other necessary legal advice to the Debtor in connection with this
chapter 11 case;
(h) represent the Debtor in connection with obtaining
post-petition financing, if any;
(i) advise the Debtor concerning and assist in the negotiation
and documentation of financing agreements, cash collateral orders
and related transactions;
(j) investigate the nature and validity of liens asserted
against the property of the Debtor, and advise the Debtor
concerning the enforceability of said liens;
(k) investigate and advise the Debtor concerning, and take
such action as may be necessary to collect, income and assets in
accordance with applicable law, and the recovery of property for
the benefit of the estates of the Debtor;
(l) advise and assist the Debtor in connection with any
potential property dispositions;
(m) advise the Debtor concerning executory contract and
unexpired lease assumptions, assignments and rejections and lease
restructuring and recharacterizations;
(n) assist the Debtor in reviewing, estimating and resolving
claims asserted against the estate;
(o) commence and conduct litigation necessary and appropriate
to assert rights held by the Debtor, protect assets of the chapter
11 estate or otherwise further the goal of completing the
successful reorganization of the Debtor; and
(p) perform all other legal services for the Debtor which may
be necessary and proper in these proceedings.
Edwin M. Shorty, Jr., will be paid at these hourly rates:
Attorneys $350
Paralegals $85
Edwin M. Shorty, Jr., will also be reimbursed for reasonable
out-of-pocket expenses incurred.
Edwin M. Shorty, Jr., a partner at Edwin M. Shorty, Jr. &
Associates, assured the Court that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code and does not represent any interest adverse to the Debtor and
its estates.
Edwin M. Shorty, Jr. can be reached at:
Edwin M. Shorty, Jr., Esq.
EDWIN M. SHORTY, JR. & ASSOCIATES, A.P.L.C.
650 Poydras Street, Suite 2515
New Orleans, LA 70130
Tel: (504) 207-1370
About Wright Houses NOLA LLC
Wright Houses NOLA LLC filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. E.D. La. 25-11964)
on Sep. 3, 2025, listing $500,001 to $1 million in assets and
$100,001 to $500,000 in liabilities.
Edwin M. Shorty, Jr., Esq., at Edwin M. Shorty, Jr. & Associates
represents the Debtor as legal counsel.
XPO INC: Moody's Affirms 'Ba2' CFR & Alters Outlook to Positive
---------------------------------------------------------------
Moody's Ratings has affirmed the ratings of XPO, Inc. (XPO),
including the Ba2 corporate family rating and Ba2-PD probability of
default rating. Moody's also affirmed XPO's Ba1 senior secured bank
credit facilities rating and senior secured notes rating, along
with the Ba3 rating on the company's senior unsecured notes. The
outlook was changed to positive from stable. The SGL-2 speculative
grade liquidity rating remains unchanged.
The affirmation of the ratings with a positive outlook reflects
Moody's expectations that XPO's operating performance will continue
to improve into 2026, driven by cost reduction initiatives and
profitable growth from its network expansion following the
acquisition of certain terminals previously owned by Yellow
Corporation. In addition, Moody's expects a slow recovery in key
transport areas such as freight volumes and spot pricing over the
next year. Moody's anticipates that XPO will maintain a prudent
approach to capital allocation while achieving profitable growth
and stronger credit metrics, even in the face of end-market
headwinds. Moody's projects that XPO will sustain solid profit
margins and strong interest coverage, with debt-to-EBITDA
stabilizing under 3.0x in 2026.
RATINGS RATIONALE
XPO's ratings reflect the company's significant position in the
North American market as a key player among less-than-truckload
(LTL) transportation operators. The company faces exposure to the
cyclical and competitive freight trucking industry. The industry
remains in an extended downturn because of the soft economic
environment and lower freight prices. While freight market
conditions will continue to be volatile because of higher labor
costs and excess truck capacity, conditions have moderated over the
past few quarters. In the short term, Moody's anticipates XPO will
sustain organic revenue growth through improved service quality and
a more disciplined pricing environment among larger LTL carriers.
In addition, Moody's anticipates that XPO will benefit from ongoing
operational initiatives to enhance network efficiency and support
the expansion of its less-than-truckload operations.
The positive outlook reflects expectations that XPO will improve
profitability and maintain credit metrics despite current industry
challenges.
XPO is expected to maintain good liquidity, reflected in the SGL-2
speculative grade liquidity rating. Liquidity is supported by a
fully available $600 million revolving credit facility, a $200
million letters of credit facility with $67 million available and a
cash balance of $225 million as of June 30, 2025. Nonetheless,
Moody's expects free cash flow will remain positive in 2025,
primarily due to decreased capital expenditures for truck fleet
upgrades and lower cash taxes.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if XPO maintains prudent financial
practices, such as utilizing proceeds from a potential sale of its
European business to reduce debt. Additionally, an improvement in
margins, a sustained debt-to-EBITDA ratio approaching 3.0x and
EBITDA-to-interest coverage of approximately 5 times could further
support a ratings upgrade.
The ratings could be downgraded should end market softness leads to
declines in revenue and operating margin, or if the company pursues
a more aggressive financial strategy, such as significant debt
financed acquisitions or increased shareholder payouts.
Specifically, a downgrade could occur if adjusted debt-to-EBITDA
approaches 4.0x or if the company fails to improve EBIT margin from
the current level of 8.5%.
The methodologies used in these ratings were Surface Transportation
and Logistics published in April 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
XPO, Inc., headquartered in Greenwich, CT, is a leading
less-than-truckload carrier serving a broad set of customers across
multiple industries, including industrial/manufacturing, retail and
e-commerce, consumer goods and food & beverage.
[] 2025 Distressed Investing Conference: Registration Ongoing!
--------------------------------------------------------------
Registration is now open for the 32nd Annual Distressed Investing
Conference, presented by Beard Group, Inc. This two-day affair
kicks off with the Opening Night Cocktail Reception on Dec. 2nd
from 5:00-7:00 PM and followed by the Full Day Conference on
Dec. 3rd. Venue is the Harmonie Club in New York City.
Visit https://www.distressedinvestingconference.com/ for more
information.
Contact Will Etchison, Conference Producer, at Tel: 305-707-7493 or
will@beardgroup.com for sponsorship opportunities.
Thank you to last year's conference sponsors:
The 2024 Conference Co-Chairs:
* Kirkland & Ellis, LLP, as conference co-chair; and
* Foley & Lardner LLP, as conference co-chair
The 2024 Major Sponsors:
* Davis Polk & Wardwell LLP;
* Hilco Global;
* Locke Lord LLP;
* Morrison & Foerster LLP;
* Proskauer Rose LLP;
* Skadden, Arps, Slate, Meagher & Flom LLP;
* Wachtell, Lipton, Rosen & Katz; and
* Weil, Gotshal & Manges LLP
The 2024 Patron Sponsors were:
* Katten Muchin Rosenman LLP;
* Kobre & Kim; and
* Resolution Financial Advisors
The 2024 Supporting Sponsors were:
* C Street Advisory Group;
* Development Specialists, Inc.;
* Gilbert + Tobin;
* Paul Hastings;
* RJReuter;
* Sherwood Partners, Inc.;
* SSG Capital Advisors; and
* Stein Advisors LLC
The 2024 Media Partners were:
* BankruptcyData;
* CreditSights;
* Debtwire;
* The National Law Review;
* PacerMonitor;
* Pari Passu Newsletter;
* Reorg; and
* WSJ Pro Bankruptcy
The 2024 Knowledge Partner was:
* Creditor Rights Coalition
The 2024 Conference Replays are available for Purchase at
https://www.distressedinvestingconference.com/2024-video-replays--photos.html
[] Choate Adds Luke Barrett to Finance & Restructuring Team
-----------------------------------------------------------
Luke Barrett has joined Choate as a Principal in the Firm's
nationally recognized Finance and Restructuring Group. Barrett will
advise clients on a wide range of restructuring, bankruptcy and
insolvency matters, including large Chapter 11 cases and complex
out-of-court restructurings.
Barrett has extensive experience representing lenders, debtors,
secured and unsecured creditors, agents, trustees and equity
holders in Chapter 11 proceedings involving multinational, publicly
traded companies across a wide range of industries. He has
participated in transactions valued more than $340 million,
including representing lenders in debtor-in-possession financings,
senior secured term and first lien term loans, and revolving credit
facilities. In addition, Barrett has represented clients through
various stages of insolvency proceedings, from out of court
strategy development and implementation to courtroom advocacy.
"Our restructuring and bankruptcy practice continues to see strong
demand and Luke's experience handling high-profile, complex
restructuring and bankruptcy proceedings will be an immediate asset
to our clients," said John Ventola, Department Chair of Choate's
Finance and Restructuring Group. "He brings the strategic insight
and practical judgment needed to guide our clients through complex
insolvency challenges."
Prior to joining Choate, Barrett practiced at McDermott Will &
Schulte and Arnold & Porter. He is admitted in Massachusetts and
New York. Barrett earned his J.D., cum laude, from Boston College
Law School and a B.A. in History and Philosophy from the College of
the Holy Cross.
About Choate
Choate Hall & Stewart LLP, one of the nation's leading law firms,
represents national and international clients with a focus on a
core group of legal areas, including private equity, complex
investigations and litigation, intellectual property, business and
financial litigation, life sciences and technology, middle market
M&A, finance and restructuring, and wealth management services.
Choate partners and practice areas are consistently recognized by
Chambers USA, The Legal 500, Best Lawyers and Benchmark Litigation.
For more information, please visit choate.com.
Media Contact:
Sonia Mangino
Managing Director of Marketing & Business Development
Choate Hall & Stewart LLP
(617) 248-5000
[] Mega Bankruptcies Jump 33%, Exceeding Historical Average
-----------------------------------------------------------
Randi Love of Bloomberg Law reports that corporate bankruptcies
involving more than $1 billion in assets surged in the first half
of 2025, marking the busiest six-month stretch since the start of
the Covid-19 pandemic, according to a new report. Some distressed
companies cited weakened consumer demand and inflation as
contributing factors.
Cornerstone Research reported Wednesday that 32 mega bankruptcies
were filed in the past 12 months, including 17 in the first half of
2025, according to the report. The total represents a 33% increase
from the prior 12-month period, when 24 such cases were filed.
Historically, mega bankruptcies are defined as filings involving
more than $1 billion in assets.
[] Mega Bankruptcies Surge in 1H 2025 Amid Inflation, Policy Shift
------------------------------------------------------------------
The elevated pace of large corporate bankruptcy filings that began
in early 2023 continued through the latter half of 2024 and into
the first half of 2025, according to a new report from Cornerstone
Research.
The report, Trends in Large Corporate Bankruptcy and Financial
Distress-Midyear 2025 Update, found a 4% increase in Chapter 7 and
Chapter 11 filings among public and private companies with assets
exceeding $100 million. Over the last 12 months (2H 2024–1H
2025), 117 large companies filed for bankruptcy, up from 113 in the
previous 12 months (2H 2023–1H 2024). This figure is 44% above
the 2005–2024 annual average of 81 bankruptcies. The report also
found that the use of liability management transactions (LMTs)
reached a record level with 46 completed transactions in 2024 and
27 in 1H 2025.
Over the past 12 months, there were 32 mega bankruptcies (those
filed by companies with over $1 billion in reported assets), up
from 24 in the prior 12 months and well above the 2005–2024
historical average of 23. In the first half of 2025, there were 17
mega bankruptcies, the highest number of any half-year period since
the COVID-19 outbreak in 2020.
"Consistent with prior years, companies filing mega bankruptcies
over the last year have continued to fault high inflation and
interest rates, which have impacted consumer demand and raised the
costs of operating and raising capital," said Matt Osborn, a
principal at Cornerstone Research and coauthor of the report. "This
past year, large corporate bankruptcy filers have increasingly
pointed to shifts in the regulatory, legal, and policy landscape as
another key driver of financial distress, in particular policies
relating to renewable energy or international trade."
The manufacturing industry had the highest share of bankruptcy
filings across all industries, where 67% of manufacturing mega
bankruptcies cited the regulatory, legal, and policy landscape as a
key financial distress driver. Bankruptcy filings in the services
industry also remained elevated, where mega bankruptcies most often
cited shifts in consumer preferences, market competition, or other
industry factors.
The report further identified that LMTs have become more complex as
their use increases, with multiple deals in 2025 incorporating two
or more common elements, such as uptiering, drop-down, or
"double-dip." In 1H 2025, at least 22 LMTs that launched or closed
involved elements of uptiering, four involved drop-down LMTs, and
at least five transactions utilized the "double-dip" feature.
The most common venues for bankruptcies continued to be Delaware
and the Southern District of Texas, accounting for 40% and 24%,
respectively, over the past 12 months. The Northern District of
Texas topped the District of New Jersey and the Southern District
of New York for the first time during 2005–1H 2025 and became the
third most common venue for the first time since 2012.
Copy of the report:
https://www.cornerstone.com/wp-content/uploads/2025/09/Trends-in-Large-Corporate-Bankruptcy-and-Financial-Distress-Midyear-2025.pdf
About Cornerstone Research
Cornerstone Research provides economic and financial consulting and
expert testimony in all phases of complex disputes and regulatory
investigations. The firm works with an extensive network of
prominent academics and industry practitioners to identify the
best-qualified expert for each assignment. With a reputation for
high quality and effectiveness, Cornerstone Research has
consistently delivered rigorous, state-of-the-art analysis since
1989. The firm has more than 1,000 professionals in nine offices
across the United States, UK, and EU.
[^] Recent Small-Dollar & Individual Chapter 11 Filings
-------------------------------------------------------
In re Avalon Apartments LLC
Bankr. W.D. Wash. Case No. 25-12391
Chapter 11 Petition filed August 28, 2025
In re Islandman Investments LLC
Bankr. N.D. Ga. Case No. 25-59874
Chapter 11 Petition filed August 29, 2025
Filed Pro Se
In re Midwood Dental Services PC
Bankr. E.D.N.Y. Case No. 25-44344
Chapter 11 Petition filed September 10, 2025
See
https://www.pacermonitor.com/view/3F6MXEY/Midwood_Dental_Services_PC__nyebke-25-44344__0001.0.pdf?mcid=tGE4TAMA
represented by: Alla Kachan, Esq.
LAW OFFICES OF ALLA KACHAN, P.C.
E-mail: alla@kachanlaw.com
In re RMS Carriers, LLC
Bankr. D.S.C. Case No. 25-03590
Chapter 11 Petition filed September 12, 2025
See
https://www.pacermonitor.com/view/UAYO3VQ/RMS_Carriers_LLC__scbke-25-03590__0001.0.pdf?mcid=tGE4TAMA
represented by: W. Harrison Penn, Esq.
PENN LAW FIRM LLC
E-mail: hpenn@pennlawsc.com
In re Williams Properties 15206, LLC
Bankr. S.D. Fla. Case No. 25-20676
Chapter 11 Petition filed September 14, 2025
See
https://www.pacermonitor.com/view/F3OW7CY/WILLIAMS_PROPERTIES_15206_LLC__flsbke-25-20676__0001.0.pdf?mcid=tGE4TAMA
represented by: Vincent T. Brown, Esq.
THE BROWN LAW GROUP LLC
E-mail: vtblaw@bellsouth.net
In re Joan Elizabeth Dean
Bankr. W.D. Wash. Case No. 25-42257
Chapter 11 Petition filed September 14, 2025
represented by: Richard Pope, Esq.
In re Wildflower Investment Properties II, LLC
Bankr. C.D. Cal. Case No. 25-10580
Chapter 11 Petition filed September 15, 2025
See
https://www.pacermonitor.com/view/COKTJXA/Wildflower_Investment_Properties__canbke-25-10580__0001.0.pdf?mcid=tGE4TAMA
represented by: David N. Chandler, Jr., Esq.
DAVID NYLE CHANDLER P.C.
In re Joo Sung Lee
Bankr. N.D. Ga. Case No. 25-60641
Chapter 11 Petition filed September 15, 2025
represented by: Will B. Geer, Esq.
In re Javette C. Orgain
Bankr. N.D. Ill. Case No. 25-14193
Chapter 11 Petition filed September 15, 2025
See
https://www.pacermonitor.com/view/UKZILVA/Javette_C_Orgain__ilnbke-25-14193__0001.0.pdf?mcid=tGE4TAMA
represented by: Justin Storer, Esq.
THE LAW OFFICE OF WILLIAM J. FACTOR, LTD
E-mail: jstorer@wfactorlaw.com
In re 16 Frankel Road LLC
Bankr. E.D.N.Y. Case No. 25-73525
Chapter 11 Petition filed September 15, 2025
See
https://www.pacermonitor.com/view/QXEANGI/16_Frankel_Road_LLC__nyebke-25-73525__0001.0.pdf?mcid=tGE4TAMA
represented by: Anne Rosenbach, Esq.
ANNE ROSENBACH, PC
E-mail: Rosenbachlawfirm@gmail.com
In re Rheumatology Wellness Care of WNY, PLLC
Bankr. W.D.N.Y. Case No. 25-11089
Chapter 11 Petition filed September 15, 2025
See
https://www.pacermonitor.com/view/3M7GKDQ/Rheumatology_Wellness_Care_of__nywbke-25-11089__0001.0.pdf?mcid=tGE4TAMA
represented by: Arthur G. Baumeister, Jr., Esq.
BAUMEISTER DENZ LLP
E-mail: abaumeister@bdlegal.net
In re Speedhaus 405, LLC
Bankr. W.D. Okla. Case No. 25-12852
Chapter 11 Petition filed September 15, 2025
See
https://www.pacermonitor.com/view/6LAG4ZI/Speedhaus_405_LLC__okwbke-25-12852__0001.0.pdf?mcid=tGE4TAMA
represented by: Amanda R. Blackwood, Esq.
BLACKWOOD LAW FIRM, PLLC
E-mail: amanda@blackwoodlawfirm.com
In re Beyond Pulse, Inc.
Bankr. D. Ore. Case No. 25-33088
Chapter 11 Petition filed September 15, 2025
See
https://www.pacermonitor.com/view/PXBOIFA/Beyond_Pulse_Inc__orbke-25-33088__0001.0.pdf?mcid=tGE4TAMA
represented by: Theodore J. Piteo, Esq.
MICHAEL D. O'BRIEN & ASSOCIATES PC
E-mail: ted@pdxlegal.com
In re Monterey Bay Horsemanship & Therapeutic Center
Bankr. N.D. Cal. Case No. 25-51429
Chapter 11 Petition filed September 16, 2025
See
https://www.pacermonitor.com/view/Q5KYHQQ/Monterey_Bay_Horsemanship__Therapeutic__canbke-25-51429__0001.0.pdf?mcid=tGE4TAMA
represented by: Marc Voisenat, Esq.
LAW OFFICE OF MARC VOISENAT
E-mail: marcvoisenatlawoffice@gmail.com
In re Devendra Kumar
Bankr. D. Colo. Case No. 25-15946
Chapter 11 Petition filed September 16, 2025
See
https://www.pacermonitor.com/view/4B5SNTA/Devendra_Kumar__cobke-25-15946__0001.0.pdf?mcid=tGE4TAMA
In re New Beginnings of Tampa Inc
Bankr. M.D. Fla. Case No. 25-06751
Chapter 11 Petition filed September 16, 2025
See
https://www.pacermonitor.com/view/B2MN5DA/New_Beginnings_of_Tampa_Inc__flmbke-25-06751__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re City Massage, LLC
Bankr. S.D. Fla. Case No. 25-20791
Chapter 11 Petition filed September 16, 2025
See
https://www.pacermonitor.com/view/DNKZHZA/City_Massage_LLC__flsbke-25-20791__0001.0.pdf?mcid=tGE4TAMA
represented by: Tamara McKeown, Esq.
AARONSON SCHANTZ BEILEY P.A.
E-mail: tmckeown@aspalaw.com
In re JSI Chicago, LLC
Bankr. N.D. Ill. Case No. 25-14240
Chapter 11 Petition filed September 16, 2025
See
https://www.pacermonitor.com/view/GRK2ERQ/JSI_CHICAGO_LLC__ilnbke-25-14240__0001.0.pdf?mcid=tGE4TAMA
represented by: William E. Jamison, Jr., Esq.
WILLIAM E. JAMISON & ASSOCIATES
E-mail: wjami39246@aol.com
In re Akiva Ofshtein
Bankr. E.D.N.Y. Case No. 25-44429
Chapter 11 Petition filed September 16, 2025
represented by: J Ted Donovan, Esq.
In re Reyna Hospitality Group Inc
Bankr. S.D.N.Y. Case No. 25-12020
Chapter 11 Petition filed September 16, 2025
See
https://www.pacermonitor.com/view/P3TX7FA/Reyna_Hospitality_Group_Inc__nysbke-25-12020__0001.0.pdf?mcid=tGE4TAMA
represented by: Robert L. Rattet, Esq.
DAVIDOFF HUTCHER & CITRON LLP
E-mail: rlr@dhclegal.com
In re Itay Kahiri LLC
Bankr. S.D.N.Y. Case No. 25-12013
Chapter 11 Petition filed September 16, 2025
See
https://www.pacermonitor.com/view/ZG3WX7A/Itay_Kahiri_LLC__nysbke-25-12013__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Byrd's Nest B & B LLC
Bankr. W.D. Okla. Case No. 25-12867
Chapter 11 Petition filed September 16, 2025
See
https://www.pacermonitor.com/view/PS7WKUI/Byrds_Nest_B__B_LLC__okwbke-25-12867__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Morris Real Estate Solutions
Bankr. W.D. Pa. Case No. 25-22478
Chapter 11 Petition filed September 16, 2025
See
https://www.pacermonitor.com/view/BE5ONCQ/Morris_Real_Estate_Solutions__pawbke-25-22478__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re MAF Group LLC
Bankr. D.P.R. Case No. 25-04147
Chapter 11 Petition filed September 16, 2025
See
https://www.pacermonitor.com/view/Z2MFS5A/MAF_GROUP_LLC__prbke-25-04147__0001.0.pdf?mcid=tGE4TAMA
represented by: Homel Mercado Justiniano, Esq.
HOMEL MERCADO JUSTINIANO
E-mail: hmjlaw2@gmail.com
In re S & D Taller Del Maestro LLC
Bankr. D.P.R. Case No. 25-04152
Chapter 11 Petition filed September 16, 2025
See
https://www.pacermonitor.com/view/6S4MPRQ/S__D_TALLER_DEL_MAESTRO_LLC__prbke-25-04152__0001.0.pdf?mcid=tGE4TAMA
represented by: Juan C Bigas, Esq.
JUAN C. BIGAS LAW
E-mail: cortequiebra@yahoo.com
In re Mario E Ernst and Teri L Ernst
Bankr. C.D. Cal. Case No. 25-11239
Chapter 11 Petition filed September 17, 2025
In re Smart Place Inc.
Bankr. C.D. Cal. Case No. 25-11723
Chapter 11 Petition filed September 17, 2025
See
https://www.pacermonitor.com/view/DOY5QII/Smart_Place_Inc__cacbke-25-11723__0001.0.pdf?mcid=tGE4TAMA
represented by: Michael Kwasigroch, Esq.
LAW OFFICES OF MICHAEL D. KWASIGROCH
E-mail: attorneyforlife@aol.com
In re Rancho Hospitality Group, LLC
Bankr. N.D. Cal. Case No. 25-51437
Chapter 11 Petition filed September 17, 2025
See
https://www.pacermonitor.com/view/RHYGGYA/Rancho_Hospitality_Group_LLC__canbke-25-51437__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re RGN Investments LLC
Bankr. S.D. Fla. Case No. 25-20830
Chapter 11 Petition filed September 17, 2025
See
https://www.pacermonitor.com/view/F5UX4AQ/RGN_Investments_LLC__flsbke-25-20830__0001.0.pdf?mcid=tGE4TAMA
represented by: Joshua Liszt, Esq.
LISZT LAW, P.A.
E-mail: josh@lisztlawpa.com
In re Pastime Lounge, LLC
Bankr. D. Mont. Case No. 25-40070
Chapter 11 Petition filed September 17, 2025
See
https://www.pacermonitor.com/view/T3WR5GY/PASTIME_LOUNGE_LLC__mtbke-25-40070__0001.0.pdf?mcid=tGE4TAMA
represented by: Gary S. Deschenes, Esq.
DESCHENES & ASSOCIATES LAW OFFICES
E-mail: gsd@dalawmt.com
In re Sarr's Wholesale Furniture
Bankr. E.D.N.Y. Case No. 25-44438
Chapter 11 Petition filed September 17, 2025
See
https://www.pacermonitor.com/view/JDGUFSQ/Sarrs_Wholesale_Furniture__nyebke-25-44438__0001.0.pdf?mcid=tGE4TAMA
represented by: Julio E. Portilla, Esq.
JULIO E. PORTILLA
E-mail: jp@julioportillalaw.com
In re Lenore Tull
Bankr. E.D.N.Y. Case No. 25-44444
Chapter 11 Petition filed September 17, 2025
In re Gershon Mayer Soifer
Bankr. S.D.N.Y. Case No. 25-22872
Chapter 11 Petition filed September 17, 2025
represented by: Michael Koplen, Esq.
In re Red Energy Inc.
Bankr. C.D. Cal. Case No. 25-11733
Chapter 11 Petition filed September 18, 2025
See
https://www.pacermonitor.com/view/AWVTN4A/Red_Energy_Inc__cacbke-25-11733__0001.0.pdf?mcid=tGE4TAMA
represented by: Michael Kwasigroch, Esq.
LAW OFFICES OF MICHAEL D. KWASIGROGH
E-mail: attorneyforlife@aol.com
In re Immaculate Winks LLC
Bankr. M.D. Fla. Case No. 25-06837
Chapter 11 Petition filed September 18, 2025
See
https://www.pacermonitor.com/view/BAI4VSQ/Immaculate_Winks_LLC__flmbke-25-06837__0001.0.pdf?mcid=tGE4TAMA
represented by: Andrew Wit, Esq.
JENNIS MORSE
E-mail: awit@jennislaw.com
In re Lawrence T. Restieri and Amy A. Restieri
Bankr. N.D. Fla. Case No. 25-30901
Chapter 11 Petition filed September 18, 2025
represented by: Jodi Dubose, Esq.
In re Richard M. Blosser
Bankr. D. Mont. Case No. 25-20172
Chapter 11 Petition filed September 18, 2025
represented by: James Patten, Esq.
PATTEN PETERMAN BEKKEDAHL & GREEN
Email: APATTEN@PPBGLAW.COM
In re 268 Dean LLC
Bankr. E.D.N.Y. Case No. 25-44494
Chapter 11 Petition filed September 18, 2025
See
https://www.pacermonitor.com/view/QUO4Z5Q/268_Dean_LLC__nyebke-25-44494__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re 293 A Cooper Corp.
Bankr. E.D.N.Y. Case No. 25-44490
Chapter 11 Petition filed September 18, 2025
See
https://www.pacermonitor.com/view/TBDUI2Q/293_A_Cooper_Corp__nyebke-25-44490__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Nechama Bernstein
Bankr. E.D.N.Y. Case No. 25-44471
Chapter 11 Petition filed September 18, 2025
represented by: Vivian Sobers, Esq.
In re Christina Ottinger Fox
Bankr. E.D. Pa. Case No. 25-13800
Chapter 11 Petition filed September 18, 2025
represented by: Edmond George, Esq.
OBERMAYER REBMANN MAXWELL & HIPPEL LLP
In re CLESMA Inc.
Bankr. E.D. Tex. Case No. 25-42744
Chapter 11 Petition filed September 18, 2025
See
https://www.pacermonitor.com/view/A3SHBLQ/CLESMA_Inc__txebke-25-42744__0001.0.pdf?mcid=tGE4TAMA
represented by: Robert C Lane, Esq.
THE LANE LAW FIRM
E-mail: notifications@lanelaw.com
In re Paul Edwards Clampitt
Bankr. E.D. Tex. Case No. 25-42752
Chapter 11 Petition filed September 18, 2025
represented by: Sarah Cox, Esq.
In re Glen L. Hanson and Teresa A. Hanson
Bankr. W.D. Wisc. Case No. 25-12079
Chapter 11 Petition filed September 18, 2025
represented by: Joshua Christianson, Esq.
In re Fremont316, LLC
Bankr. C.D. Cal. Case No. 25-30758
Chapter 11 Petition filed September 19, 2025
See
https://www.pacermonitor.com/view/2UHN5CY/Fremont316_LLC__canbke-25-30758__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Sunset Fitness, LLC dba Hype Fitness
Bankr. C.D. Cal. Case No. 25-18336
Chapter 11 Petition filed September 19, 2025
See
https://www.pacermonitor.com/view/WZOA53Q/Sunset_Fitness_LLC_dba_Hype_Fitness__cacbke-25-18336__0001.0.pdf?mcid=tGE4TAMA
represented by: Michael Jay Berger, Esq.
LAW OFFICES OF MICHAEL JAY BERGER
E-mail:
michael.berger@bankruptcypower.com
In re South Hayward Ventures LLC
Bankr. N.D. Cal. Case No. 25-41728
Chapter 11 Petition filed September 19, 2025
See
https://www.pacermonitor.com/view/D455EUQ/South_Hayward_Ventures_LLC__canbke-25-41728__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re Luxury Rides, LLC
Bankr. E.D. La. Case No. 25-12104
Chapter 11 Petition filed September 19, 2025
See
https://www.pacermonitor.com/view/EI6B4QA/Luxury_Rides_LLC__laebke-25-12104__0001.0.pdf?mcid=tGE4TAMA
represented by: Patrick Garrity, Esq.
THE DERBES LAW FIRM, LLC
E-mail: pgarrity@derbeslaw.com
In re 4 Winoka Drive, LLC
Bankr. S.D.N.Y. Case No. 25-12045
Chapter 11 Petition filed September 19, 2025
See
https://www.pacermonitor.com/view/UBGZWSY/4_Winoka_Drive_LLC__nysbke-25-12045__0001.0.pdf?mcid=tGE4TAMA
Filed Pro Se
In re RWE Services, LLC
Bankr. N.D. Tex. Case No. 25-43579
Chapter 11 Petition filed September 19, 2025
See
https://www.pacermonitor.com/view/WXTGTFQ/RWE_Services_LLC__txnbke-25-43579__0001.0.pdf?mcid=tGE4TAMA
represented by: Clayton L. Everett, Esq.
NORRED LAW, PLLC
E-mail: clayton@norredlaw.com
*********
Monday's edition of the TCR delivers a list of indicative prices
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