251029.mbx
T R O U B L E D C O M P A N Y R E P O R T E R
Wednesday, October 29, 2025, Vol. 29, No. 301
Headlines
527 EDILIDO: Case Summary & Four Unsecured Creditors
5280 DISTILLING: Seeks Chapter 7 Bankruptcy in Colorado
6769 UNDERHILL: Has Deal on Cash Collateral Access
700 17TH STREET: U.S. Trustee Appoints Creditors' Committee
ACQUISITION INTEGRATION: Amends Unsecured Claims Pay Details
ADVENT TECHNOLOGIES: Issuance of $52M of Shares to Hudson OK'd
AMERICAN MACHINERY: Gets Court OK to Use Cash Collateral
ARIZONA STATE MASONRY: May Borrow $2.5MM from DIP Lender
ASCEND PERFORMANCE: Ad Hoc Term Lenders Amend Rule 2019 Statement
ASCEND PERFORMANCE: Amends Plan to Include Ascend Parent Interests
ASPEN CHAPEL: Updates Unsecured Claims Pay; Amends Plan
AZZ INC: S&P Affirms 'BB-' Issuer Credit Rating, Outlook Positive
BAND OF CODERS: Section 341(a) Meeting of Creditors on November 19
BEAN BROTHERS: Seeks to Hire RE/MAX Crossroads as Realtor
BIG STORM: To Sell Clearwater Property to TIDE LLC for $7.5MM
BRANDYWINE REALTY: S&P Alters Outlook to Negative,Affirms 'BB' ICR
BRC CAPITAL: Amends Unsecured Claims Pay Details
BUILDING CONSTRUCTION: Seeks Chapter 7 Bankruptcy in Georgia
CBRM REALTY: Plan Exclusivity Period Extended to January 14, 2026
CENTER FOR SPECIAL: Membership Interest Sale to 3 Daughters OK'd
CHINN BAKER: Hires Vivona Pandurangi PLC as Bankruptcy Counsel
CLOVERLEAF ELECTRIC: Gets OK to Use $188K in Cash Collateral
CONTEMPORARY MEDICAL: Hearing Today on Bid to Use Cash Collateral
CORNERSTONE GENERATION: S&P Rates Secured Credit Facilities 'BB-'
DCA OUTDOOR: Hires GlassRatner Advisory as Financial Advisor
DEPLOYED SOLDIERS: Unsecureds Will Get 100% of Claims in Plan
EDITH'S CRUST: Creditors to Get Proceeds From Liquidation
EMPIRE CORE: Seeks to Hire Kirby Aisner & Curley as Attorney
ERICA ITZHAK: NY Court Rules Garnishment a Preferential Transfer
EXACTECH INC: Court OKs Additional $19.1MM DIP Loan
FASHIONABLE INC: Gets OK to Use Cash Collateral Until Nov. 21
FLEMING INTERNATIONAL: Seeks Chapter 15 Bankruptcy in New York
GAI AIR: Case Summary & Three Unsecured Creditors
GIRARDI & KEESE: Bankruptcy Trustees Seek $3.2MM Clawback
GLORY DIVINE: Seeks to Hire Wilson Law Firm LLC as Attorney
GREG BEECHE: Case Summary & 18 Unsecured Creditors
HARLING INC: Court Extends Cash Collateral Access to Nov. 19
HARVEST SHERWOOD: Hires Cadwalader Wickersham as Special Counsel
HYPERION DEFI: Forsakringsaktiebolaget Avanza Holds 5.62 Stake
IMPACT STAFFING: Gets Interim OK to Use Cash Collateral
INTEGRATED BUILDING: Seeks Chapter 7 Bankruptcy in Georgia
JHRG MANUFACTURING: Gets Interim OK to Use Cash Collateral
JOSHUA CABINETRY: Section 341(a) Meeting of Creditors on Nov. 20
KAISER ALUMINUM: S&P Rates New $500MM Senior Unsecured Notes 'BB-'
KEIRAN INVESTMENTS: Gets Interim OK to Use Cash Collateral
KIDSVILLE LEARNING: Court Extends Cash Collateral Access to Nov. 13
LION RIBBON: Seeks to Extend Plan Exclusivity to Jan. 30, 2026
LUMMUS TECHNOLOGY: S&P Rates New Revolving Credit Facility 'B+'
LZLABS GMBH: Chapter 15 Case Summary
M + D PROPERTIES: Seeks to Hire Elkins Kalt as Bankruptcy Counsel
M + D PROPERTIES: Seeks to Hire Hanley Investment Group as Broker
MESEARCH MEDIA: Bankr. Court Won't Hear Software Rift vs Crivella
MEYER BURGER: Seeks to Extend Plan Exclusivity to January 21, 2026
MISSION MEDICAL: Hires Levene Neale Bender as Bankruptcy Counsel
MOD JEWELRY: Court Extends Cash Collateral Access to Dec. 11
MODEL TOBACCO: Says Amended Plan Resolves Potential Disputes
MODIVCARE INC: Seeks to Hire Cresa LLC as Real Estate Consultant
MONTANA VILLAGE: Gets Interim OK to Use Cash Collateral
MOUNTAIN SPORTS: Plan Exclusivity Period Extended to October 28
MULTICHAIN FOUNDATION: Chapter 15 Case Summary
NAVIDEA BIOPHARMACEUTICALS: Taps Epiq as Administrative Advisor
NEW NORMAL: Seeks to Hire Nuti Hart LLP as Bankruptcy Counsel
NYC ALPHA: Lender Seeks to Prohibit Cash Collateral Access
OFFSHORE SAILING: To Sell Life Changer Sailboat to Sail Caribbean
ORIGINAL MOWBRAY'S: Gets Final OK to Use Cash Collateral
PALMAS ATHLETIC: Hires Aquino de Cordova LLC as Consultant
PARIS312 LLC: Gets Interim OK to Use Cash Collateral Until Nov. 20
PING IDENTITY:S&P Assigns 'B' Issuer Credit Rating; Outlook Stable
POTTSVILLE OPERATIONS: Care Pavilion Unsec. Will Get 13.4% to 20.3%
POWELL 1023: Hires Dahiya Law Offices LLC as Bankruptcy Counsel
PREPAID WIRELESS: Court Tosses T-Mobile Bid to See Subscriber Info
PRESENTATION MEDIA: Gets Final OK to Use Cash Collateral
PRIMALEND CAPITAL: Unpaid Lenders Object to Missing Entity in Ch.11
PRIME CORE: Chapter 11 Administrator Nets $35MM From Crypto
PROST LLC: Unsecured Creditors Will Get 12.4% of Claims in Plan
RAZZOO'S INC: Seeks to Hire Stout Risius Ross as Financial Advisor
RENASCENCE INC: Gets OK to Use Cash Collateral Until Nov. 28
RHODIUM ENCORE: Files Amended Plan; Confirmation Hearing Dec. 3
ROLLING HILLS: Case Summary & Four Unsecured Creditors
ROUNDTABLE FORUM: Seeks Chapter 7 Bankruptcy in Georgia
RYAN HOHMAN: Unsecureds Will Get 100% of Claims in Plan
RYAN LLC: S&P Downgrades ICR to 'B' on Sustained Higher Leverage
SAKS INC: Faces Financial Distress, At Risk of Chapter 11 Filing
SCHAEFER RECOGNITION: Gets Interim OK to Use Cash Collateral
SECURITY TRANSPORT: Hires Daniel L. Freeland as Bankruptcy Counsel
SIGNATURE YHM: Hires Chris Daniel & Associates LLC as Appraiser
SOMETHING SWEET: Trust Funds Belong to PACA Claimants, Court Says
SOUND VISION: Final Cash Collateral Hearing Set for Oct. 30
STRANGE BIKINIS: Seeks Cash Collateral Access
STRATEGY INC: S&P Assigns 'B-' Issuer Credit Rating, Outlook Stable
SYNERGY MEDICAL: Unsecureds to Split $120K Dividend in Plan
TALPHERA INC: Purchasers Waive Conditions to Close $1.6M Placement
TALPHERA INC: Regains Compliance With Nasdaq's Minimum Bid Rule
ULTIMATE PAVERS: Gets Final OK to Use Cash Collateral
US MAGNESIUM: Committee Taps Cole Schotz P.C. as Counsel
US MAGNESIUM: Committee Taps Eversheds Sutherland as Co-Counsel
US MAGNESIUM: Committee Taps Province LLC as Financial Advisor
VG ENTERPRISE: S&P Assigns 'B+' ICR, Outlook Stable
VIEWBIX INC: Nissim Daniel Holds 5.72% Equity Stake
WELL RUN LLC: Gets Interim OK to Use Cash Collateral Until Nov. 2
WESTERN SKY: Unsecured Creditors to Split $71K over 55 Months
YOXALL FAMILY LAW: Seeks Chapter 7 Bankruptcy in Georgia
[] SEDA Experts Adds Ankur Keswani, Bankruptcy & Credit Specialist
*********
527 EDILIDO: Case Summary & Four Unsecured Creditors
----------------------------------------------------
Debtor: 527 Edilido LLC
527 E Dilido Drive
Miami Beach, FL 33139
Chapter 11 Petition Date: October 24, 2025
Court: United States Bankruptcy Court
Southern District of Florida
Case No.: 25-22584
Judge: Hon. Robert A Mark
Debtor's Counsel: Thomas Zeichman, Esq.
BEIGHLEY MYRICK UDELL LYNNE AND ZEICHMAN
2385 NW Executive Center Drive Suite 300
Boca Raton, FL 33431
Tel: (561) 549-9036
Email: tzeichman@bmulaw.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Mark Siffin as manager.
A full-text copy of the petition, which includes a list of the
Debtor's four unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/YYIZ2DI/527_EDILIDO_LLC__flsbke-25-22584__0001.0.pdf?mcid=tGE4TAMA
5280 DISTILLING: Seeks Chapter 7 Bankruptcy in Colorado
-------------------------------------------------------
Max Scheinblum of BusinessDen reports that Littleton-based 5280
Distilling is shutting down after seven years in business, filing
for Chapter 7 bankruptcy to liquidate its assets and close
operations. Founded in 2018, the Colorado distillery cited
declining sales and growing debts as reasons for the wind-down,
according to a recent filing.
Court documents show the company reported just $72,629 in revenue
through mid-October 2025, down from nearly $98,000 the prior year.
It listed $288,000 in assets against $1.1 million in liabilities,
including debts of $560,000 to the U.S. Small Business
Administration and $204,000 to Ready Cap Lending.
About 5280 Distilling
5280 Distilling, doing business as 52eighty Distilling, is a
Littleton-based distillery.
52eighty Distilling sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. D. Col. Case No. 25-16649) on October 14,
2025. In its petition, the Debtor reports estimated assets of
$288,000 and estimated liabilities of $1.1 million.
Honorable Bankruptcy Judge Joseph G. Rosania Jr. handles the case.
The Debtor is represented by Robertson B. Cohen, Esq.
6769 UNDERHILL: Has Deal on Cash Collateral Access
--------------------------------------------------
6769 Underhill Corp and U.S. Bank Trust Company, National
Association, as Trustee for Velocity Commercial Capital Loan Trust
2022-1, advise the U.S. Bankruptcy Court for the Eastern District
of New York that they have reached an agreement regarding the
Debtor's use of cash collateral and now desire to memorialize the
terms of this agreement into an agreed order.
The parties agree that the Debtor may use cash collateral, which
consists of post-petition rents and proceeds from two Brooklyn
properties at 67 and 69 Underhill Avenue, which secure a
pre-bankruptcy mortgage loan. The loan originated on November 26,
2019, with an initial principal balance of $3.185 million, and has
grown to an asserted debt of $3.984 million as of the petition
date, September 12, 2024.
U.S. Bank holds a perfected security interest in the properties and
their rents through a Term Note, Loan Agreement, and Mortgage. The
bank consented to the Debtor's use of its cash collateral strictly
under court-approved terms to maintain operations and avoid
liquidation. The U.S. Bank will be provided with adequate
protection in the form of monthly payments of $23,640 for at least
four months, to offset any diminution in the value of its
collateral.
The cash collateral period spans 120 days, beginning from the date
the court signs the order, but this consent can be terminated early
if an event triggering default occurs (e.g., trustee appointment,
Chapter 7 conversion, stay relief for foreclosure, failure to meet
payment deadlines, etc.). In case of default, the Debtor has a
five-day cure period, after which the bank may move to enforce
remedies, including foreclosure.
The Debtor must deposit all rental income and proceeds into a
debtor-in-possession (DIP) account and use those funds strictly in
line with a detailed monthly budget approved by the bank. The
budget shows projected monthly income of $28,071 and expenses of
$27,724, leaving a narrow net positive of $347. Major expenses
include mortgage payments, insurance, utilities, repairs, and
trustee fees.
The Debtor is also required to move forward with the sale of the
property, agreeing to file motions within 30 and 60 days,
respectively, to retain an auctioneer/broker and to establish
bidding procedures.
A hearing on the matter is set for November 13.
A copy of the motion is available at https://urlcurt.com/u?l=T7fdFo
from PacerMonitor.com.
About 6769 Underhill Corp
6769 Underhill Corp is an apartment building operator in Brooklyn,
N.Y.
6769 Underhill filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. E.D.N.Y. Case No.
24-43804) on Sep. 12, 2024, listing $1 million to $10 million in
both assets and liabilities. Hubert Drew, president of 6769
Underhill, signed the petition.
Judge Nancy Hershey Lord presides over the case.
Narissa A. Joseph, Esq. at the Law Office of Narissa A. Joseph
represents the Debtor as bankruptcy counsel.
U.S. Bank Trust Company, National Association, as Trustee for
Velocity Commercial Capital Loan Trust 2022-1, is represented by:
Bryan D. Leinbach, Esq.
Zeichner Ellman & Krause, LLP
730 Third Avenue
New York, NY 10017
Telephone: (212) 826-5317
Facsimile: (212) 753-0396
bleinbach@zeklaw.com
700 17TH STREET: U.S. Trustee Appoints Creditors' Committee
-----------------------------------------------------------
Gregoy Garvin, Acting U.S. Trustee for Region 19, appointed an
official committee to represent unsecured creditors in the Chapter
11 case of 700 17th Street, LLC.
The committee members are:
1. PMG Colorado, LLC (d/b/a PMG Construction)
2875 W. Oxford Ave., Ste. #1
Englewood, CO 80110
(720) 450-0527
jason@pmgconstruction.com
2. Denver Metro Electric, Inc
2635 W. 8th Ave.
Denver, CO 80204
(303) 888-0405
aaron@dmeelectric.net
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About 700 17th Street LLC
700 17th Street LLC is a single asset real estate company in
Denver, Colo.
700 17th Street sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Colo. Case. No. 25-16173) on September
24, 2025. In its petition, the Debtor reports estimated assets
between $1 million and $10 million and estimated liabilities
between $10 million and $50 million.
Honorable Bankruptcy Judge Kimberley H. Tyson handles the case.
The Debtor tapped Jeffrey A. Weinman, Esq., at Michael Best &
Friedrich, LLP as legal counsel.
ACQUISITION INTEGRATION: Amends Unsecured Claims Pay Details
------------------------------------------------------------
Acquisition Integration, LLC, submitted a First Amended Disclosure
Statement for Plan of Reorganization dated October 17, 2025.
The Plan provides that the Debtor shall continue as a corporate
entity but shall also be allowed to liquidate the majority of its
assets, which are subject to certain liens and interest, of which
the Liquidating Trustee will make disbursements based on certain
liens, interests, and claims provided for in the Plan.
Prepetition, the Debtor had multiple judgments entered against it.
Subsequently, these judgments and other significant financial
matters impeded the Debtor's capacity to secure loans essential for
sustaining its operations. One of those creditors, Axxeum, Inc.,
sought to obtain a temporary retaining order in state court
prohibiting the Debtor, from negotiating sale of its assets to
third parties in order to grant liquidity to pay creditors per
rata. In response to that attempt an emergency petition was filed.
Prepetition, the Debtor had multiple judgments entered against it.
Subsequently, these judgments and other significant financial
matters impeded the Debtor's capacity to secure loans essential for
sustaining its operations. One of those creditors, Axxeum, Inc.,
sought to obtain a temporary retaining order in state court
prohibiting the Debtor, from negotiating sale of its assets to
third parties in order to grant liquidity to pay creditors per
rata. In response to that attempt an emergency petition was filed.
The Plan provides a comprehensive strategy for repaying creditors
through the proceeds generated from the sale of Equity Interests of
the Debtor. The Plan classifies claims into two classes of Secured
Claims, one Priority class, one general Unsecured class, and one
Equity Interest class, with specific treatments and payment terms
for each.
Class 4 consists of all Allowed General Unsecured Claims. Claims in
Class 3 are impaired. The total amount of unsecured claims exceeds
$2,535,803.74. Allowed General Unsecured Claims in this class shall
be paid first by the Liquidating Trustee from funds accumulated in
the Liquidated Trust and second by the Reorganized Debtor. This
class shall also include all Secured Claims of Classes 2 and 3, to
the extent that the lien which secures those Claims has no value
and is therefore unsecured.
Provided that the holder of a Class 4 Claim has not yet been paid,
such holder of each such Allowed General Unsecured Claim shall
receive a Pro Rata distribution from Liquidating Trust on the later
of 30 days from the Effective Date or the Debtor's receipt of
sufficient funds from which a distribution can be made or as soon
as is reasonably practicable and subject to the Priority rules in
subparagraph (iii). Holders of an Allowed General Unsecured Claims
shall not be entitled to receive post-petition interest on its
Allowed Claim.
There are two sources for funding this Plan. The primary source for
funding this Plan comes from the Liquidating Trust. The secondary
source is from the net profits which the Reorganized Debtor expects
to earn over the life of MASPO Contract including any renewals or
extensions.
From and after the Effective Date, the Reorganized Debtor shall
continue in existence for all purposes to the same extent as it
existed and operated pre-petition and, further, to (i) administer
this Plan; (ii) make disbursements to Allowed Claim Holders
pursuant to the terms of this Plan; (iii) file appropriate tax
returns; and (iv) perform all such other acts and conditions
required by and consistent with consummation of the terms of this
Plan.
A full-text copy of the First Amended Disclosure Statement dated
October 17, 2025 is available at https://urlcurt.com/u?l=Xh03iD
from PacerMonitor.com at no charge.
Counsel to the Debtor:
Stuart M. Maples, Esq.
Thompson Burton PLLC
200 Clinton Avenue West, Suite 1000
Huntsville, Alabama 35801
Tel: (256) 489-9779
Fax: (256) 489-9720
Email: smaples@thompsonburton.com
About Acquisition Integration
Acquisition Integration, LLC provides logistics, distribution, and
technical services to the commercial and military aerospace and
vehicle industries. The Company partners with CAP Fleet to produce
upfitted police and special service vehicles for the U.S.
Government Services Administration. Based in the US, it operates
as an SBA-certified HUBZone and Service-Disabled Veteran-Owned
Small Business.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ala. Case No. 25-81168) on June 10,
2025. In the petition signed by David P. Bristol, member, the
Debtor disclosed up to $50 million in both assets and liabilities.
Judge Clifton R. Jessup Jr. oversees the case.
Stuart Maples, Esq., at Thompson Burton, PLLC, represents the
Debtor as legal counsel.
NOVO Tech, Inc., as DIP lender, is represented by:
Kevin D. Heard, Esq.
Heard, Ary & Dauro, LLC
303 Williams Avenue SW, Suite 921
Huntsville, AL 35801
Tel: (256) 535-0817
kheard@heardlaw.com
ServisFirst Bank, as secured creditor, is represented by:
Wes Bulgarella, Esq.
Maynard Nexsen, P.C.
1901 Sixth Avenue North
1700 Regions/Harbert Plaza
Birmingham, AL 35203
Tel: (205) 254-1000
wbulgarella@maynardnexsen.com
ADVENT TECHNOLOGIES: Issuance of $52M of Shares to Hudson OK'd
--------------------------------------------------------------
Advent Technologies Holdings, Inc. held its annual meeting of
stockholders. As of September 19, 2025, the record date of the
annual meeting, 3,291,634 shares of common stock were issued and
outstanding and 1,307,771 shares of common stock were present in
person or by proxy at the annual meeting. The final voting results
on each of the matters submitted to a vote of stockholders were as
follows:
Proposal No. 1: To elect Marc Seelenfreund, Seth Lukash, and Joseph
Celia, as a Class II director of the Board of Directors. The voting
results were as follows:
1. Director Nominee: Marc Seelenfreund
Votes For: 878,371
Votes Withheld: 223,878
Broker Non-Votes: 200,368
2. Director Nominee: Seth Lukash
Votes For: 898,871
Votes Withheld: 203,378
Broker Non-Votes: 200,368
3. Director Nominee: Joseph Celia
Votes For: 900,171
Votes Withheld: 202,078
Broker Non-Votes: 200,368
The nominees have been elected to serve on the Board of Directors
of the Company as a Class II director with a term expiring at the
2028 annual meeting of the Company's stockholders or until his
successor is duly elected and qualified in accordance with our
second amended and restated certificate of incorporation and
amended and restated bylaws, or his earlier death, resignation or
removal.
Proposal No. 2: To ratify the appointment of M&K CPAS, PLLC as the
Company's independent registered public accounting firm for the
fiscal year ending December 31, 2025. Approval of the proposal
required the affirmative vote of a majority of all votes cast at
the meeting. Abstentions had no effect on the result of the vote.
The proposal was approved by a vote of stockholders as follows:
Votes For: 1,161,826
Votes Against: 50,901
Abstentions: 89,890
Broker Non-Votes: N/A
Proposal No. 3: To approve, for purposes of complying with Nasdaq
Listing Rule 5635(d), the potential issuance and sale of 20% or
more of the Company's common stock, par value $0.0001 per share
pursuant to the purchase agreement with Hudson Global Ventures, LLC
pursuant to which Hudson Global has agreed to purchase from the
Company, from time to time, up to $52,000,000 of Common Stock. The
voting results were as follows:
Votes For: 760,448
Votes Against: 222,379
Abstentions: 119,422
Broker Non-Votes: 200,368
Proposal No. 4: To approve an amendment to the Amended and Restated
Advent Technologies Holdings, Inc. 2021 Incentive Plan to increase
the number of shares of Common Stock issuable under the Incentive
Plan from 530,976 to 1,011,627 and to incorporate provisions for
annual increases under the Incentive Plan on the first day of each
calendar year beginning on January 1, 2027 and ending on January 1,
2046, equal to the lesser of (A) 3% of the total shares of our
Common Stock outstanding on the last day of the immediately
preceding fiscal year and (B) such smaller number of shares as
determined by the Board. The voting results were as follows:
Votes For: 682,272
Votes Against: 285,309
Abstentions: 134,668
Broker Non-Votes: 200,368
Proposal No. 5: To approve, by a non-binding advisory vote, the
compensation of the Company's named executive officers. The voting
results were as follows:
Votes For: 829,029
Votes Against: 139,741
Abstentions: 133,479
Broker Non-Votes: 200,368
Proposal No. 6: To recommend, by a non-binding advisory vote, the
frequency of future advisory votes to approve the Company's named
executive officer compensation. The voting results were as
follows:
Every Year: 373,872
Every Other Year: 23,306
Every Three Years: 559,297
Abstentions: 145,774
Broker Non-Votes: N/A
Proposal No. 7: To approve the consideration of and action with
respect to such other business and matters as may properly come
before this meeting or any adjournments hereof. Approval of the
proposal required the affirmative vote of a majority of all votes
cast at the meeting. The voting results were as follows:
Votes For: 762,073
Votes Against: 174,472
Abstentions: 165,704
Broker Non-Votes: 200,368
About Advent Technologies
Headquartered in Livermore, Calif., Advent Technologies Holdings,
Inc. is an advanced materials and technology development company
operating in the fuel cell and hydrogen technology space. Advent
develops, manufactures and assembles the critical components that
determine the performance of hydrogen fuel cells and other energy
systems. To date, Advent's principal operations have been to
develop and manufacture Membrane Electrode Assembly (MEA), and fuel
cell stacks and complete fuel cell systems for a range of customers
in the stationary power, portable power, automotive, aviation,
energy storage and sensor markets.
The Woodlands, Texas-based M&K CPAS, PLLC, the Company's auditor
since 2024, issued a "going concern" qualification in its report
dated June 6, 2025, attached to the Company's Annual Report on Form
10-K for the fiscal year ended December 31, 2024, 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 financings to fund ongoing operations
all of which raises substantial doubt about its ability to continue
as a going concern.
As of June 30, 2025, the Company had $6.7 million in total assets,
against $36.1 million in total liabilities.
AMERICAN MACHINERY: Gets Court OK to Use Cash Collateral
--------------------------------------------------------
American Machinery Group, LLC got the green light from the U.S.
Bankruptcy Court for the Eastern District of Texas, Sherman
Division, to use cash collateral.
The court order authorized the Debtor to use cash collateral to
fund operations according to its budget, with replacement liens
granted to Commercial Credit Group Inc. to secure any reduction in
the value of its collateral.
Beginning this month and until further order of the court, the
Debtor must make monthly payments to CCG as follows: (i) $9,000 per
month for the first two months; and (ii) $13,500 per month starting
December 15 and until the secured creditor is paid in full or a
confirmed reorganization plan becomes effective.
Additionally, the Debtor was ordered to deposit 2% of monthly sales
into an escrow account for property taxes, maintain insurance
naming CCG as loss payee, and provide monthly financial reports.
The Debtor is prohibited from selling or transferring collateral
without consent.
Failure to comply with these provisions, missed payments, or
operational changes may trigger events of default, after which CCG
may seek relief from the automatic stay.
As of the petition date, the Debtor was obligated to CCG on
commercial equipment loan, which is evidenced by a Negotiable
Promissory Note and Security Agreement payable to the secured
creditor in the original face amount of $979,128.
To secure its obligations to CCG, the Debtor granted the secured
creditor security interests in and liens on its property and the
proceeds thereof, which in part, constitutes cash collateral.
The order is available at https://is.gd/BsJIlX from
PacerMonitor.com.
About American Machinery Group LLC
American Machinery Group, LLC is a Texas-based manufacturing
company operating in the machinery sector. It operates under the
name American Wranger Products, LLC.
American Machinery Group sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Texas Case No. 25-42411) on August 1,
2025. In its petition, the Debtor reported between $1 million and
$10 million in assets and liabilities.
Judge Brenda T. Rhoades oversees the case.
The Debtor is represented by David Lufkin, Esq.
ARIZONA STATE MASONRY: May Borrow $2.5MM from DIP Lender
--------------------------------------------------------
Judge Daniel P. Collins of the United States Bankruptcy Court for
the District of Arizona granted on a final basis the motion filed
by Arizona State Masonry, LLC authorizing the Debtor to obtain
post-petition secured financing.
The Motion is seeking entry of interim and final orders authorizing
the Debtor to obtain a post-petition loan up to an aggregate
principal amount of $2,500,000 from GPCCO LLC, a Delaware limited
liability company, with:
(a)(i) immediate funding of $750,000 upon entry of the Interim
Order and pending entry of a final order,
(ii) additional funding of $750,000 upon entry of this Final
Order, and
(iii) availability of up to $1,000,000 of accordion financing
as may be required for Debtor's expenses during the pendency of
this case and approved by DIP Lender, and
(b) the granting of:
(i) allowed super-priority administrative claim status for
the DIP Loan,
(ii) a junior lien on substantially all of the Debtor's
assets, subject to existing Senior Liens, and
(iii) a senior lien on all of the Debtor's unencumbered assets,
including Avoidance Actions.
The Debtor has need to obtain the DIP Financing to preserve its
assets, including to pay insurance, taxes, payroll, cure executory
contracts, and other necessary business expenses. According to the
Court, the Debtor's access to and use of the proceeds of the DIP
Financing are necessary and vital to ensure that the Debtor has
sufficient working capital and liquidity to preserve and maintain
the value of its estate, and to facilitate a reorganization of the
Debtor or a sale of its assets. The Debtor is unable to obtain
financing on more favorable terms from sources other than the DIP
Lender pursuant to, and for the purposes set forth in, the DIP Loan
Documents and are unable to obtain adequate unsecured credit
allowable under Section 503(b)(1) of the Bankruptcy Code as an
administrative expense.
The DIP Loan Documents and the DIP Loan have been the subject of
extensive negotiations conducted in good faith and at arm's-length
among the Debtor and the DIP Lender.
The Court finds consummation of the DIP Financing in accordance
with the terms of this Final Order and the DIP Loan Documents is in
the best interest of the Debtors' estates and is consistent with
the Debtors' exercise of their fiduciary duties.
The Debtor is authorized to borrow up to an aggregate principal
amount of $2,500,000 (plus interest, including any interest
capitalized and added to such principal amount, fees and other
expenses provided for in the DIP Loan Documents), in accordance
with the terms of this Final Order and the DIP Loan Documents.
A copy of the Court's Final Order dated October 21, 2025, is
available at https://urlcurt.com/u?l=UXEh3l from PacerMonitor.com.
About Arizona State Masonry LLC
Arizona State Masonry LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Ariz. Case No. 25-08405) on
September 5, 2025. In the petition signed by Shannon Dean, member,
the Debtor disclosed up to $10 million in assets and up to $50
million in liabilities.
Judge Daniel P. Collins oversees the case.
Thomas H. Allen, Esq., at Allen, Jones & Giles, PLC, represents the
Debtor as legal counsel.
ASCEND PERFORMANCE: Ad Hoc Term Lenders Amend Rule 2019 Statement
-----------------------------------------------------------------
An ad hoc group of term loan lenders to Ascend Performance
Materials Holdings Inc. and its debtor-affiliates, represented by
Gibson, Dunn & Crutcher LLP, as lead counsel, and Howley Law PLLC,
as Texas co-counsel, filed a Second Amended Verified Statement
pursuant to Federal Rule of Bankruptcy Procedure 2019 to inform the
Court of the Group's current members and the claims they held in
the Debtors' cases.
The Second Amended Verified Statement discloses that:
1. The Ad Hoc Group was formed in September 2024 and retained
attorneys affiliated with Gibson, Dunn & Crutcher LLP to represent
the group as counsel in connection with a potential restructuring
of the Debtors' outstanding debt obligations. Gibson Dunn contacted
Howley Law PLLC to serve as Texas co-counsel to the Ad Hoc Group in
March 2025.
2. The Group comprised of beneficial holders or the investment
advisors or managers for certain beneficial holders, in their
capacities as lenders under the (i) Term Loan Credit Agreement,
dated as of August 27, 2019, by and among Ascend Performance
Materials Holdings Inc., as Holdings, Ascend Performance Materials
Operations LLC, as Borrower, Wilmington Savings Fund Society, FSB,
as successor Administrative Agent and Collateral Agent, the
Guarantors party thereto and the Lenders party thereto; (ii) Super
Priority Term Loan Credit Agreement dated as of March 7, 2025, by
and among Holdings, Borrower, WSFS, as Administrative Agent and
Collateral Agent, the Guarantors party thereto and the Lenders
party thereto; and (iii) Superpriority Senior Secured
Debtor-in-Possession Credit Agreement dated as of April 23, 2025,
by and among Holdings, Borrower, WSFS, as Administrative Agent and
Collateral Agent, the Guarantors party thereto and the Lenders
party thereto.
3. Gibson Dunn and Howley do not represent or purport to
represent any other entities, do not represent the Ad Hoc Group as
a "committee," and do not undertake to represent the interests of,
and are not fiduciaries for, any creditor, party in interest, or
other entity that has not signed a retention agreement with Gibson
Dunn. In addition, the Ad Hoc Group does not represent or purport
to represent any other entities, does not represent the interests
of, nor act as a fiduciary for, any person or entity other than
itself.
4. Gibson Dunn and Howley do not hold any disclosable economic
interests in relation to the Debtors.
The names and addresses of each of the members of the Ad Hoc Group,
together with the nature and amount of the disclosable economic
interests held by each of them in relation to the Debtors, are:
1. Apex Credit Partners, LLC
520 Madison Ave, 12th Floor
New York, NY 10022
DIP Term Loan: $1,367,266.25
First Lien Term Loan: $10,089,233.31
Other Disclosable Economic Interests: N/A
2. ArrowMark Colorado Holdings
LLC, on behalf of certain funds and
accounts it manages or advises
100 Fillmore Street, Suite 325
Denver, CO 80206
DIP Term Loan; $124,141.45
First Lien Term Loan: $2,748,167.10
Other Disclosable Economic Interests: N/A
3. Bank of America N.A., solely with
respect to its US Distressed & Special
Situations Group
NC1-028-19-06, 150 N College St
Charlotte, NC 28255
DIP Term Loan: $183,678.09
First Lien Term Loan: $384,882.85
Other Disclosable Economic Interests: N/A
4. Blue Owl Liquid Credit Advisors
LLC
1 Greenwich Plaza, Suite C, 2nd Floor
Greenwich, CT 06830
DIP Term Loan: $424,187.69
First Lien Term Loan: $1,234,135.39 Other
Other Disclosable Economic Interests: N/A
5. Elmwood Asset Management LLC
575 5th Avenue, 34th Floor
New York, NY 10017
DIP Term Loan: $13,943,668.52
First Lien Term Loan: $32,365,028.87
Other Disclosable Economic Interests: N/A
6. Invesco Senior Secured
Management, Inc., on behalf of
certain funds and accounts it manages
or advises
225 Liberty Street
New York, NY 10281
DIP Term Loan: $39,335,450.73
First Lien Term Loan: $83,343,579.13
Other Disclosable Economic Interests: N/A
7. MJX Asset Management LLC
12 East 49th Street, 38th Floor
New York, NY
DIP Term Loan: N/A
First Lien Term Loan: $61,668,548.66
Other Disclosable Economic Interests: N/A
8. Nuveen Asset Management, LLC
8625 Andrew Carnegie Blvd.
Charlotte, NC 28262
DIP Term Loan: $38,593,459.43
First Lien Term Loan: $87,418,993.05
Other Disclosable Economic Interests: N/A
9. ORIX Advisers, LLC (d/b/a Signal
Peak Capital Management)
2001 Ross Avenue, Suite 1900
Dallas, TX 75201
DIP Term Loan: $352,614.55
First Lien Term Loan: $7,805,963.87
Other Disclosable Economic Interests: N/A
10. Saranac CLO VIII Limited
1540 Broadway, Suite 1630
New York, NY 10036
DIP Term Loan: N/A
First Lien Term Loan: $1,994,805.19
Other Disclosable Economic Interests: N/A
11. Silver Point Capital, L.P., as
Investment Manager on behalf of
certain affiliated Funds
2 Greenwich Plaza, Suite 1
Greenwich CT, 06830
DIP Term Loan: $263,377,878.13
First Lien Term Loan: $557,246,211.00
Other Disclosable Economic Interests: N/A
12. Strategic Value Capital Solutions II
MF LP
100 West Putnam Avenue
Greenwich, CT 06830
DIP Term Loan: N/A
First Lien Term Loan: $1,094,512.00
Other Disclosable Economic Interests: N/A
13. Strategic Value Excelsior Fund, L.P.
(Series VI)
Greenwich, CT 06830
DIP Term Loan: N/A
First Lien Term Loan: $42,266.00
Other Disclosable Economic Interests: N/A
14. Strategic Value Special Situations
Master Fund V, LP
Greenwich, CT 06830
DIP Term Loan: N/A
First Lien Term Loan: $5,366,626.00
Other Disclosable Economic Interests: N/A
15. Strategic Value Special Situations VI
MF, L.P.
Greenwich, CT 06830
DIP Term Loan: N/A
First Lien Term Loan: $914,920.00
Other Disclosable Economic Interests: N/A
16. Sycamore Tree Capital Partners, LP
(Certain funds and/or accounts, or
subsidiaries of such funds and/or
accounts, managed, advised,
controlled, or represented by Sycamore)
2101 Cedar Springs Road, Suite 1250
Dallas, TX 75201
DIP Term Loan: $101,374.02
First Lien Term Loan: $748,051.95
Other Disclosable Economic Interests: N/A
17. UBS Asset Management
11 Madison Avenue
New York, NY 10010
DIP Term Loan: $60,947,238.07
First Lien Term Loan: $141,361,574.24
Other Disclosable Economic Interests: N/A
* Includes certain funds, accounts, or other investment
vehicles managed, advised, or otherwise by UBS Asset
Management (Americas) LLC
18. Voya Investment Management LLC
7337 E. Doubletree Ranch Road
Scottsdale, Arizona 85258
DIP Term Loan: $5,309,121.27
First Lien Term Loan: $14,080,004.56
Other Disclosable Economic Interests: N/A
19. Western Alliance Bank
1 East Washington St.
Phoenix, AZ 85004
DIP Term Loan: $436,329.84
First Lien Term Loan: $9,659,201.63
Other Disclosable Economic Interests: N/A
Both firms may be reached at:
Tom Howley, Esq.
Eric Terry, Esq.
HOWLEY LAW PLLC
700 Louisiana Street, Suite 4220
Houston, TX 77002
Tel: 713-333-9125
E-mail: tom@howley-law.com
eric@howley-law.com
- and -
Scott J. Greenberg, Esq.
Jason Zachary Goldstein, Esq.
GIBSON, DUNN & CRUTCHER LLP
200 Park Avenue
New York, NY 10166
Tel: 212-351-4000
E-mail: sgreenberg@gibsondunn.com
jgoldstein@gibsondunn.com
- and -
AnnElyse Scarlett Gains, Esq.
GIBSON, DUNN & CRUTCHER
1700 M Street N.W.
Washington, D.C. 20036-3504
Tel: 202-955-8500
E-mail: agains@gibsondunn.com
About Ascend Performance Materials Holdings Inc.
Ascend Performance Materials Holdings Inc. is one of the largest,
fully-integrated producers of nylon, a plastic that is used in
everyday essentials, like apparel, carpets, and tires, as well as
new technologies, like electric vehicles and solar energy systems.
Ascend's business primarily revolves around the production and sale
of nylon 6,6 (PA66), along with the chemical intermediates and
downstream products derived from it. Common applications of PA66
includes heating and cooling systems, air bags, batteries, and
athletic apparel. Headquartered in Houston, Texas, Ascend has a
global workforce of approximately 2,200 employees, and operates
eleven manufacturing facilities that span the United States,
Mexico, Europe, and Asia.
Ascend Performance Materials Holdings Inc. and its affiliates filed
voluntary petitions for relief under Chapter 11 of the Bankruptcy
Code (Bankr. S.D. Tex. Lead Case No. 25-90127) on April 21, 2025.
In the petitions signed by Robert Del Genio, the chief
restructuring officer, the Debtors disclosed $1 billion to $10
billion in both estimated assets and liabilities.
Judge Christopher M. Lopez oversees the cases.
The Debtors tapped Kirkland & Ellis LLP and Bracewell LLP as
counsel; PJT Partners, Inc. as investment banker; FTI Consulting,
Inc. as restructuring advisor; and Deloitte LLP as tax advisor.
Epiq Corporate Restructuring LLC is the Debtors' claims, noticing,
and solicitation agent. GA Group Advisory & Valuation Services, LLC
serves as a valuation advisor.
The official committee of unsecured creditors retained Brown
Rudnick LLP as co-counsel; Parkins & Rubio LLP as Texas co-counsel;
AlixPartners, LLP as financial advisor; and Ducera Partners LLC and
Ducera Securities LLC as investment banker.
Gibson, Dunn & Crutcher LLP represents an Ad Hoc Group of Term Loan
Lenders. Howley Law PLLC, serves as the group's Texas co-counsel.
ASCEND PERFORMANCE: Amends Plan to Include Ascend Parent Interests
------------------------------------------------------------------
Ascend Performance Materials Holdings Inc. and affiliates submitted
a Disclosure Statement for the Second Amended Joint Plan of
Reorganization dated October 20, 2025.
In parallel with their operational restructuring, the Debtors have
been in negotiations with the Ad Hoc Group, the DIP ABL Agent, the
official committee of unsecured creditors (the "Committee"), the
Asset Financing Agreement Counterparties, and, through the Special
Committee, certain of the Excluded Parties, to reach an agreement
on a chapter 11 plan of reorganization that stabilizes the Debtors'
capital structure and puts the Company on strong financial and
operational footing to continue to maximize stakeholder value going
forward.
With respect to the Committee, after good-faith, arm's-length
negotiations among the Debtors, the Committee, and the Ad Hoc
Group, the parties agreed to the terms of the Committee Settlement
that provides for meaningful distributions to Holders of the
general unsecured claims, resolves the Committee's Claims and
causes of action against the Debtors and maximizes the value of the
Debtors' estate.
Specifically, the Committee Settlement provides for (a) the
bifurcation of the general unsecured claims into (i) Go-Forward
Vendor Claims, and (ii) General Unsecured Claims, (b) the
establishment of a cash pool to fund a recovery for the Go-Forward
Vendor Claims, (c) payment of fees accrued by Committee Advisors,
and (d) payment of certain amounts budgeted for the Committee's
go-forward advisor fees and an ombudsman to assist in the
resolution of remaining general unsecured claims. The Committee
Settlement not only secures meaningful recoveries for Holders of
Go-Forward Vendor Claims but is also supported by the Committee and
allows the Debtors to emerge from these Chapter 11 Cases in a
value-maximizing and orderly fashion, without further delay.
The Plan contemplates a recapitalization of the Debtors, through
which the Debtors will issue the New Interests to the Holders of
Term Loan Claims, implement both an Equity Rights Offering and a
Debt Rights Offering, enter into the Exit ABL Facility and the Exit
Holdco Loan Facility, adopt a Management Incentive Plan, and
establish a Litigation Trust. New Interests will also be issued in
satisfaction of DIP Term Loan Claims, while DIP ABL Claims will be
paid down in full in Cash or, solely at the election of each DIP
ABL Lender, rolled into the Exit ABL Facility.
Class 5B consists of General Unsecured Claims. In exchange for the
full and final satisfaction, settlement, release, and discharge of
the General Unsecured Claims, each Holder of an Allowed General
Unsecured Claim shall receive its Pro Rata share of the General
Unsecured Claim Distribution; provided that, in no event, shall any
Excluded Party receive any distribution on account of any
Litigation Trust Assets. The allowed unsecured claims total
$559,095,448.
Class 8 consists of Interests in Ascend Parent. In exchange for the
full and final satisfaction, settlement, release, and discharge of
the Allowed Interests in Ascend Parent each Holder of an Allowed
Interest in Ascend Parent shall receive its Pro Rata share of the
Ascend Interest Distribution, which shall come from amounts that
Holders of Allowed DIP Term Loan Claims would otherwise be entitled
to receive under the Plan.
Class 9 consists of Interests in APM Disc. Each Interest in APM
Disc shall be canceled, released, discharged, and extinguished
without any distribution and will be of no further force or effect,
and each Holder of an Interest in APM Disc shall not receive or
retain any distribution, property, or other value on account of its
Interest in APM Disc.
The Debtors and the Reorganized Debtors, as applicable, shall fund
distributions under the Plan with: (1) Cash on hand, including Cash
from operations, the DIP Facilities, and the proceeds of the Equity
Rights Offering and the Debt Rights Offering; (2) the Equity
Subscription Rights; (3) the Debt Subscription Rights; (4) the New
Interests; (5) the Exit ABL Facility; (6) the Exit Holdco Loan
Facility, as applicable; (7) the Asset Financing Takeback Debt; and
(8) the Litigation Trust Interests.
A full-text copy of the Disclosure Statement dated October 20, 2025
is available at https://urlcurt.com/u?l=x8VY8J from Epiq Corporate
Restructuring, LLC, claims agent.
Co-Counsel to the Debtors:
Jason G. Cohen, Esq.
Jonathan L. Lozano, Esq.
BRACEWELL LLP
711 Louisiana Street, Suite 2300
Houston, Texas 77002
Tel: (713) 223-2300
Fax: (800) 404-3970
Email: jason.cohen@bracewell.com
jonathan.lozano@bracewell.com
Co-Counsel to the Debtors:
Christopher Marcus, P.C.
Derek I. Hunter, Esq.
KIRKLAND & ELLIS LLP
KIRKLAND & ELLIS INTERNATIONAL LLP
601 Lexington Avenue
New York, New York 10022
Tel: (212) 446-4800
Fax: (212) 446-4900
Email: cmarcus@kirkland.com
derek.hunter@kirkland.com
About Ascend Performance Materials Holdings
The Debtors, together with their non-Debtor affiliates, are one of
the largest, fully-integrated producers of nylon, a plastic that is
used in everyday essentials, like apparel, carpets, and tires, as
well as new technologies, like electric vehicles and solar energy
systems. Ascend's business primarily revolves around the production
and sale of nylon 6,6 (PA66), along with the chemical intermediates
and downstream products derived from it. Common applications of
PA66 include heating and cooling systems, air bags, batteries, and
athletic apparel. Headquartered in Houston, Texas, Ascend has a
global workforce of approximately 2,200 employees and operates
eleven manufacturing facilities that span the United States,
Mexico, Europe, and Asia.
Ascend Performance Materials Holdings Inc. and its affiliates filed
voluntary petitions for relief under Chapter 11 of the Bankruptcy
Code (Bankr. S.D. Tex. Lead Case No. 25-90127) on April 21, 2025.
In the petitions signed by Robert Del Genio, chief restructuring
officer, the Debtors disclosed $1 billion to $10 billion in both
estimated assets and liabilities.
Judge Christopher M. Lopez oversees the cases.
The Debtors tapped Bracewell LLP and Kirkland & Ellis LLP as
counsel; PJT Partners, Inc. as investment banker; FTI Consulting,
Inc. as restructuring advisor; and Deloitte LLP as tax advisor.
Epiq Corporate Restructuring LLC is the Debtors' claims, noticing,
and solicitation agent.
ASPEN CHAPEL: Updates Unsecured Claims Pay; Amends Plan
-------------------------------------------------------
The Aspen Chapel, Inc., submitted a Corrected Third Amended
Disclosure Statement describing Third Amended Plan of
Reorganization dated October 17, 2025.
Following Plan confirmation, Debtor intends to continue to operate
The Chapel as an independent sacred space serving the Roaring Fork
Valley, consistent with the founder's vision of inclusiveness and
community unity.
The Chapel will continue to house the AJC (and likely the ACC)
consistent with their past usage in exchange for the monthly User
Fees provided in the Plan. As under the 1989 Agreement, AJC would
reimburse Debtor for 40% of the Chapel's operating costs. The ACC
has no written agreement with Debtor concerning The Chapel, and
Debtor accepts the ACC’s argument that it is a tenant at will
with no other rights in the building.
The ACC has historically paid the remaining 60% of the operation
and maintenance costs of The Chapel not paid by the AJC and the ACC
has retained all third-party user fees paid by others. Debtor
intends to negotiate a written agreement with the ACC pursuant to
which the ACC will pay a flat User Fee of $8,000 per month
(adjusted for inflation) for its scheduled use of The Chapel in
designated areas and at designated times to be mutually agreed.
Payments by the AJC and the ACC will not be sufficient to pay for
major repairs needed for The Chapel. Debtor will use the net TDR
sales proceeds to pay (1) the administrative expenses of Debtor's
reorganization, (2) Debtor's unsecured creditors, (3) the remaining
costs of major repairs to the Chapel (i.e., 60%), and (4) to
provide operating capital during a construction period of up to 12
months.
Class Two consists of all other allowed unsecured creditor claims,
including ACC's Claim Nos. 2 & 3. On July 29, 2024, Debtor objected
to the ACC's Claims as being duplicative, and because any claim
should be offset by the amounts the ACC owes Debtor for unpaid user
fees. Upon confirmation of its Third Amended Plan, Debtor shall be
deemed have withdrawn its objection to Claim 2 and ACC shall have
an allowed claim of $89,074 which shall be paid in full according
to the Plan along with all other unsecured allowed claims.
The remaining unsecured claims will be paid in full on the
Effective Date. Class Two is unimpaired.
Class Three consists of AJC's alternative claim for money damages
asserted in its Claim No. 4. As indicated, that Claim has been
mooted by the Court's April 22, 2024, Order recognizing the AJC's
occupancy right. Debtor's Plan affords AJC continued non exclusive
use of The Chapel consistent with the 1989 Agreement. Class Three
is unimpaired.
Class Four consists of equity; however, because Debtor is a
nonstock, non-profit corporation, there are no equity holders and,
accordingly, no members of this class.
The Debtor anticipates selling three Transferable Development
Rights ("TDRs") on the open market in 2026, and projects net
proceeds of $2,280,000 from those sales, after deducting selling
expenses and real estate commissions. The TDRs were approved by the
Pitkin County Board of County Commissioners in April 2024 and each
TDR permits a market buyer of the TDR to build 2,500 square feet of
residential floor area above the area County zoning rules would
otherwise allow.
The Debtor's TDRs become marketable following the full execution of
a Covenant Agreement by Debtor and the County. A market buyer for
three TDRs must then agree to purchase the TDRs at the prevailing
market price (Debtor projects the market price at $800,000 each, in
the Plan). Debtor will use the TDR proceeds to pay all allowed
claims and Administrative Expenses in full as provided in the Plan,
and to pay the otherwise unfunded cost of major repairs to The
Chapel as it existed in 1989, including measures to keep the
building compliant with applicable building codes and construction
standards.
Under the Plan, the AJC will also make monthly payments to
reimburse Debtor for 40% of its costs to operate The Chapel. AJC's
usage rights to the building are limited to the areas of the Chapel
as they existed in 1989, except with respect to AJC's offices and
classroom spaces which may be re-assigned by the Debtor to newly
constructed areas in order to enable the expansion of the kitchen
and community room of The Chapel.
The Debtor anticipates negotiating an agreement with the ACC to pay
a flat monthly User Fee of $8,000 per month, an amount equal to its
current monthly payment in effect since January 2023 and a figure
it has indicated it can afford to pay. The schedule for ACC's use,
and the areas designated for ACC's use, will be negotiated by the
parties to reflect the ACC's reasonable needs for its programming
operations and office space.
A full-text copy of the Third Amended Disclosure Statement dated
October 17, 2025 is available at https://urlcurt.com/u?l=MfCApO
from PacerMonitor.com at no charge.
Attorneys for the Debtor:
Jeffrey A. Weinman, Esq.
ALLEN VELLONE WOLF HELFRICH & FACTOR, P.C.
1600 Stout Street, 1900
Denver, CO 80202
Tel: 303-534-4499
Email: jweinman@allen-vellone.com
About The Aspen Chapel
The Aspen Chapel, doing business as Aspen Chapel of the Prince of
Peace, sought Chapter 11 bankruptcy protection (Bankr. D. Colo.
Case No. 22-11531) on May 3, 2022. In the petition filed by
Virginia C. Newton, as chair of the Board of Trustees, The Aspen
Chapel listed up to $10 million in assets and up to $500,000 in
liabilities.
The case is assigned to Judge Michael E. Romero.
Jeffrey Weinman, Esq., at Allen Vellone Wolf Helfrich & Factor PC
and Foster Graham Milstein & Calisher, LLP serve as the Debtor's
bankruptcy counsel and special counsel, respectively.
AZZ INC: S&P Affirms 'BB-' Issuer Credit Rating, Outlook Positive
-----------------------------------------------------------------
S&P Global Ratings affirmed its ratings on AZZ Inc., including its
'BB-' issuer credit rating and 'BB' issue-level rating on its
senior secured debt. S&P's recovery rating on the debt remains
'2'.
The positive outlook reflects S&P's expectation that AZZ will
sustain debt to EBITDA of 2x and generate robust free operating
cash flow (FOCF) amid mixed market conditions while executing on
growth opportunities.
S&P said, "The positive outlook reflects our expectation that AZZ
will sustain debt to EBITDA of 2x. We maintain this expectation
while assuming increasing discretionary growth spending. We expect
AZZ to generate robust cash flows over the next 12 months as
interest expenses decline from recent debt reduction and earnings
remain steady from active infrastructure, utilities, and
transmission investment. This will be offset by softer
nonresidential construction, HVAC, and appliance segments. We
expect FOCF of $100 million-$150 million in fiscal 2026 (ending
February 2026; excluding $233 million of AVAIL proceeds) and fiscal
2027 after building in our assumption of incremental capital
expenditure (capex) for modest growth investments. AZZ's tolling
business model should continue to support robust cash generation
that supports discretionary cash flow for annual acquisition
spending."
AZZ is building a credit cushion to execute on growth
opportunities. AZZ has continued to pay down its term loan this
year, resulting in trailing leverage declining below 2x. Cash flows
and proceeds from the sale of the electric products business line
of AZZ's AVAIL joint venture have supported $285 million of debt
reduction so far this year (additionally, it used proceeds from a
new trade receivables securitization facility to repay portion of
term loan). The company's S&P adjusted debt balance is $616 million
as of Aug. 31, 2025, compared to $960 million as of a year ago.
Going forward, AZZ has detailed a capital allocation plan that
includes executing on an acquisition pipeline to expand
geographically, build on service capabilities, enhance scale, and
drive higher margins. The company is aiming for M&A in the metals
coating space that are earnings accretive and cash flow positive.
The other pilar of capital allocation strategy is capex to target
organic growth opportunities with modernizing facilities and
enhancing its service offerings. AZZ has outlined a 1.5x-2.5x
leverage target while undertaking these organic growth investments
and potential bolt-on and tuck-in acquisitions.
S&P said, "Our base case is steady over the next 12 months but
market conditions are mixed. Softness could offset tariff
opportunities to replace imported coated steel volumes. We expect
AZZ to generate $360 million-$380 million of annual EBITDA over the
next two to three years, compared with $350 million and $330
million in fiscal 2025 and fiscal 2024, respectively. Metals
coatings, specifically galvanized steel demand, is robust in both
construction and electrical markets, driven by continued growth in
submarkets, including data centers, electrical transmission and
distribution, and solar power generation. While the Precoat segment
is picking up incremental market share from pre-painted steel and
aluminum imports, this is somewhat offset by overall contraction in
the pre-painted market from lower demand in end markets, including
industrial, particularly agriculture, transportation, and appliance
and HVAC.
"Tariffs provide an opportunity for AZZ to replace imported coated
steel volumes even as near-term softness may offset benefits this
year. We assume Section 232 tariffs are durable and that AZZ has
capacity to pick up incremental volumes." This could lead to
sustained market share gains if customers seek domestic galvanizing
and coating services to mitigate tariff costs. The U.S. imports 10%
of its painted steel coil needs from places like Europe, Korea, and
Japan.
There is less clarity around how much galvanized steel is imported
into the U.S. because it is often in the form of finished products,
but incrementally, customers may look to domestic services to
reduce overall tariff costs of imported steel. That said, customers
continue to seek lowest cost suppliers, so in the event the
economics for imports change, AZZ will have to rely on its
differentiated service level offering to retain market share. These
include a focus on orders with increasing customization, add-on
services, and quick turn-around deliveries.
AZZ has high exposure to the construction market, which brings
cyclical demand and seasonality. Construction accounts for 50%-60%
of AZZ's revenue, and seasonal fluctuations can affect volumes and
earnings. The construction industry faces risks such as project
delays or cancellations, skilled labor availability and wage
increases, and the impact of higher input costs and tariffs.
Backlogs of future construction projects continue to build up even
as uncertainties persist, and the impact on economic activity could
result in sponsors delaying project starts.
That said, S&P expects mid- to high-single-digit percent revenue
growth among U.S. engineering and construction issuers this year,
supported by record backlogs and energy transition momentum. AZZ's
other end markets are fairly diversified but also cyclical, with
transportation, industrial, and consumer end markets reflecting
about 10% each. Another growth opportunity for AZZ is the ramp-up
of its new greenfield aluminum coating mill in Washington, Miss.
this year. This new line will enable the company to serve a growing
market for aluminum cans in the food and beverage industry.
Supporting the ramp-up and capacity utilization is the fact that
75% of the plant's capacity is already contracted.
S&P's positive outlook reflects our expectation that AZZ will
sustain leverage of about 2x over the next 12 months, supported
by:
-- Strengthening FOCF generation boosted by steady earnings growth
declining interest expense;
-- Stable earnings supported by its toll processing business model
that enables cost pass-through and mitigates commodity price
volatility.
S&P could revise its outlook to stable over the next 12 months if
it expects AZZ's debt to EBITDA to rise above 3x on a sustained
basis. This could result from:
-- A deterioration in earnings leading to negative FOCF from a
drop in volumes due to sustained weak demand, loss of market share,
or from a sustained inability to pass through a range of unsteady
input costs; or
-- Increased debt to fund acquisitions; capex; or other
discretionary spending, such as shareholder returns.
S&P said, "We could raise our ratings on AZZ over the next 12
months if it continues to build on its track record of growing
earnings along with consistent financial policy and capital
allocation that supports leverage of about 2x. We would also expect
AZZ's business profile to continue improving scale, market
position, and profitability."
BAND OF CODERS: Section 341(a) Meeting of Creditors on November 19
------------------------------------------------------------------
On October 17, 2025, Band of Coders, LP filed a voluntary Chapter
11 bankruptcy petition in the U.S. Bankruptcy Court for the
Northern District of Georgia. The filing has been assigned case
number 25-21485.
Court documents show that Band of Coders, LP reported assets valued
between $1 million and $10 million, with liabilities in the range
of $100,001 to $1 million and 1–49 creditors.
A meeting of creditors under Section 341(a) to be held on
11/19/2025 at 02:00 PM via Telephone conference. To attend, Dial
888-330-1716 and enter access code 2346407.
About Band of Coders LP
Band of Coders LP operates in the management, scientific, and
technical consulting services sector.
Band of Coders, LP filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Codee (Bankr. N.D. Ga. Case No. 25-21485) on
October 17, 2025, listing between $1 million and $10 million in
assets and between $500,001 and $1 million in liabilities.
Judge Laurel M. Isicoff oversees the case.
William A. Rountree, Esq., at Rountree Leitman Klein & Geer, LLC,
represents the Debtor as legal counsel.
BEAN BROTHERS: Seeks to Hire RE/MAX Crossroads as Realtor
---------------------------------------------------------
Bean Brothers Hardware & Supply, LLC seeks approval from the U.S.
Bankruptcy Court for the Western District of North Carolina to hire
RE/MAX Crossroads as realtor.
The firm will market and sell the Debtor's property located at 969
Reepsville Road, Lincolnton, NC 28092 and 00 Reepsville Rd.
Lincolnton, NC.
The firm will receive a sales commission of 6 percent.
RE/MAX Crossroads does not represent any interest adverse to the
Debtor or the Debtor's estate, according to court filings.
The firm can be reached through:
Wayne Brooks
RE/MAX Crossroads
111 E. Main St.
Lincoln, NC 28092
Tel: (704) 736-1717
Email: waynebrooks.realestate@gmail.com
About Bean Brothers Hardware & Supply, LLC
Bean Brothers Hardware & Supply, LLC filed its voluntary petition
for relief under Chapter 11 of the Bankruptcy Code (Bankr. W.D.N.C.
Case No. 25-40202) on September 5, 2025, listing $500,001 to $1
million in both assets and liabilities.
Judge Ashley Austin Edwards presides over the case.
John C. Woodman, Esq. at Essex Richards represents the Debtor as
counsel.
BIG STORM: To Sell Clearwater Property to TIDE LLC for $7.5MM
-------------------------------------------------------------
Big Storm Brewery LLC and its affiliates, Big Storm Pinellas LLC
and Big Storm Real Estate LLC, to sell Property, free and clear of
liens, claims, interests, and encumbrances.
Joshua Rizack serves as Chief Restructuring Officer and oversees
ongoing operations.
Debtor Big Storm Real Estate, LLC is the 100% owner of the real
property located at 12707 49th Street N., Clearwater, FL 33762.
Debtor, Big Storm Brewery, LLC is the 100% owner of that certain
personal property, listed attached as Exhibit A (BSB Property) in
https://tinyurl.com/bdwzx9yc
Debtor, Big Storm Pinellas, LLC is the 100% owner of that certain
personal property known as liquor licenses attached as Exhibit B
(Liquor Licenses).
Debtors own 100% ownership interests in the Sale Property.
The Sale Property is being sold in "as is," "where is," and "with
all faults" condition, with no representations, guarantees, or
warranties of any kind, nature, or description whatsoever, whether
express or implied, oral or written, including but not limited to
any warranties of merchantability, fitness for a particular
purpose, title, or non-infringement. Buyer shall rely solely on its
own independent investigation and inspection of the Sale Property.
The auction of the Sale Property is expressly subject to (i) higher
and better offers that may be received and accepted by the Debtors
at the Auction pursuant to the Auction and Bidding Procedures.
The Chief Restructuring Officer, Mr. Rizack, will act as auctioneer
without charging any additional fees for conducting or overseeing
the auction and will be compensated solely at his approved hourly
rate as CRO, subject to Court approval of his fee application. Mr.
Rizack's role as auctioneer shall not create any conflicts of
interest with his duties as CRO, and he shall conduct the auction
in accordance with his fiduciary duties to the estate and all
creditors.
The Debtors have entered into a Purchase and Sale Agreement (PSA)
dated October 27, 2025, with TIDE LLC (Stalking Horse Bidder), for
the sale of Property for a total purchase price of $7,500,000,
subject to higher and better offers received in accordance with the
Auction and Bidding Procedures
The Debtors confirm that TIDE LLC is an independent third-party
purchaser with no common ownership, management, or control with the
Debtors or their affiliates.
The following assets are specifically excluded from the sale:
Hillsborough Liquor License, sports memorabilia, and all computers
with the exception of the POS system(s) used for standard
day-to-day operations currently in use. Excluded Assets shall also
include any cash, accounts receivable, tax refunds, insurance
proceeds, avoidance actions, causes of action or assets not
specifically identified as part of the Sale Property.
The Auction and Bidding Procedures expressly reference and are
governed by the PSA, which establishes the form of asset purchase
agreement to be executed by the successful bidder.
The PSA sets forth the material terms of sale, including the
purchase price, deposit, representations, warranties, and closing
conditions. The PSA also provides for a Break-Up Fee of 2% of the
purchase price ($150,000), payable only upon consummation of an
alternative transaction with a higher or better bidder, and subject
to this Court's approval.
The Debtors submit that the PSA was negotiated in good faith, at
arm’s length, and represents the highest and best offer currently
available for the Sale Property.
TIDE LLC is not affiliated with the Debtors, their principals,
members, officers, or any prior ownership group. The PSA was
negotiated at arm’s length and in good faith following
substantial due diligence and independent business judgment.
About Big Storm Brewery
Big Storm Brewery, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-04026) on June
16, 2025, listing up to $50,000 in assets and between $1 million
and $10 million in liabilities.
Judge Roberta A. Colton oversees the case.
Jake C. Blanchard, Esq., at Blanchard Law, P.A. is the Debtor's
bankruptcy counsel.
Joshua Rizack serves as Chief Restructuring Officer.
Briar Capital Real Estate Fund, LLC, as secured creditor, is
represented by Zachary J. Bancroft, Esq., at Baker, Donelson,
Bearman, Caldwell & Berkowitz, PC, in Orlando, Florida.
BRANDYWINE REALTY: S&P Alters Outlook to Negative,Affirms 'BB' ICR
------------------------------------------------------------------
S&P Global Ratings revised its outlook to negative from stable on
Brandywine Realty Trust. S&P affirmed its 'BB' issuer credit rating
on the company and the 'BB+' issue-level rating on its unsecured
notes. S&P's '2' recovery rating on the unsecured notes is
unchanged.
The negative outlook reflects S&P's expectation for credit metrics
to remain under pressure from delayed stabilization periods for
development projects. It also reflects refinancing risk related to
the company's short weighted-average debt maturity.
Prolonged stabilization periods for development projects and higher
interest expense will pressure credit metrics over the next year.
For the trailing 12 months ending June 30, fixed charge coverage
declined to 1.7x from 2.1x the prior year period driven by higher
interest expense from refinancings. S&P said, "We forecast fixed
charge coverage to decline to around 1.6x by year end from modestly
higher debt balances following the consolidation of its 3025 JFK, a
mixed-use project in Philadelphia, and higher interest expense from
refinancing lower coupon debt at higher rates. Debt leverage
increased over the same time frame with S&P Global adjusted debt to
EBITDA increasing to 8.3x compared to 7.9x the prior year period
and we expect it to increase to the high 8x area by year end from a
higher debt balance."
Moreover, Brandywine commenced construction of a boutique hotel in
Radnor which is expected to cost $59.5 million, be completed in the
second quarter of 2026, with stabilization in 2027. S&P said,
"Though this project complements Brandywine's Radnor mixed use
campus, the delay between funding this project and when it
generates EBITDA will pressure its credit metrics under our base
case. We anticipate this project along with remaining development
spend (approximately $140 million) will be partially funded with
construction financing."
S&P said, "We see potential for credit metrics to improve but this
will be largely dependent on progress leasing up non-stabilized
properties, capital required for future leasing, the timing of when
cash rents commence and begin contributing to EBITDA, and where
interest rates trend. We anticipate it will remain challenging to
lease up its completed but not yet leased life science project,
3151 Market, amid a tough fundraising environment for life science
tenants, which could keep demand muted. Its office project One
Uptown in Austin is likely to remain pressured as well from weaker
fundamentals in this submarket and competition from new supply.
"Brandywine's short weighted-average debt maturity presents
refinancing risk. We typically view companies with short debt
maturity ladders (less than three years for real estate entities)
as having greater refinancing risk relative to peers with longer
weighted-average debt maturities. Our weighted-average maturity
calculation does not consider any extension options and includes
the company's pro rata share of unconsolidated joint venture
debt."
Brandywine's weighted-average debt maturity is 3.1 years, proforma
for the repayment of its $245 million secured term loan using
proceeds from its recent $300 million unsecured note issuance, and
consolidation of its 3025 JFK joint venture project. The company's
upcoming debt maturities include a $178 million secured loan due in
July 2026 followed by a $250 million term loan in June 2027 and
$450 million of unsecured notes due in November 2027. If Brandywine
does not proactively address these upcoming maturities prior to
their maturity dates, its weighted-average debt maturity could fall
below three years over the next 12 months, causing us to view its
capital structure negatively unless S&P expects it to improve
relatively shortly.
S&P expects its stabilized portfolio's operating performance to
remain sound over the next 12 months, anchored by its Philadelphia
and Suburban Pennsylvania portfolio, partially offset by its Austin
portfolio. As of Sept. 30, 2025, Brandywine's core portfolio was
88.8% occupied and 90.4% leased, and same-store cash net operating
income (NOI) grew 2.1% compared with the prior-year period.
The company's Austin portfolio remains a weak spot and where most
vacancies are concentrated in as competition from new supply and
tempered demand from large, technology tenants has created a
challenged leasing environment. S&P said, "As of Sept. 30, the
portfolio was 77.7% leased (14% of NOI year to date), and we expect
this to decline by year end from a known move out in the fourth
quarter. Cash rental rates for leases signed through the third
quarter declined 12.5% when compared with the prior year period. We
expect future leasing activity in Austin will remain pressured as
the company prioritizes occupancy and manageable tenant
improvements in lieu of pushing rate."
Offsetting some of this pressure is continued stability in cash
flow generation within its Philadelphia Central Business District
(CBD) and suburban Pennsylvania portfolio (76% of NOI and 93%
leased) as the company benefits from being a premier landlord in
this market and tenants seek high quality space. Brandywine has
minimal lease expirations (5% of square feet) in 2026, which are
largely concentrated within its Pennsylvania portfolio. This should
sustain occupancy near current levels. S&P expects cash rental rate
growth of the portfolio will be relatively flat, with
low-single-digit percent rent growth for its Pennsylvania portfolio
dragged down by negative rental rates in Austin as the company
seeks to build occupancy.
S&P said, "The negative outlook our view the company's short
weighted-average debt maturity present elevated refinancing risk,
which could cause us to view its capital structure negatively.
Moreover, we anticipate credit metrics will remain under pressure,
from potential delays in development stabilizations and where
interest rates trend. We anticipate the operating portfolio should
generate sound operating performance buoyed by its manageable lease
expiration schedule next year.
"We also note that the company's recovery rating is at a '2' but at
the lower end of the range (70%) for that rating. Hence, if there
are changes in our forecast or assumptions, we may lower our issue
level ratings on the company's debt."
S&P could lower its ratings on Brandywine if:
-- The company's weighted average debt maturity falls below three
years on a sustained basis; or
-- S&P Global Ratings-adjusted fixed-charge coverage remains below
1.7x for a sustained period with no near-term pathway for
improvement; or
-- S&P Global Ratings-adjusted debt to EBITDA rises and remains
above 8.5x for a sustained period; or
-- Operating performance deteriorates beyond S&P's base-case
projections, with material declines in occupancy and same-store
property NOI turning negative and comparing unfavorably with
peers'.
S&P could consider revising the outlook to stable if:
-- The company lengthens its debt maturity ladder comfortably
above three years on a sustained basis;
-- S&P Global Ratings-adjusted fixed-charge coverage improves
above 1.7x and S&P Global Ratings-adjusted debt to EBITDA remains
below 8.5x, both on a sustained basis; and
-- Operating performance remains near current levels with healthy
cash net operating income growth and improved occupancy in its
Austin portfolio.
BRC CAPITAL: Amends Unsecured Claims Pay Details
------------------------------------------------
BRC Capital, LLC, submitted an Amended Disclosure Statement
describing Amended Plan of Reorganization dated October 20, 2025.
The Plan provides for distributions to the holders of Allowed
Claims from the future income stream that Debtors generates from
the operation of its business activities.
The Debtor has filed this Amended Disclosure Statement and the
Amended Plan. The gist of the amendments is to modify the treatment
of the Class 3 general unsecured claims to treat them has an
unimpaired convenience class paid in full on the Effective Date and
to reclassify the Class 2 Claim to the Illinois Department of
Revenue to treat the claim as unimpaired as it is being paid as
statutorily required under the Code within 5 years of the date of
the filing of the case.
With these amendments, the Plan will consist of no impaired classes
of claims and it will be presumed that all classes of claims under
the Plan have accepted the Plan.
The Debtor's Plan of Reorganization contemplates repayment of 100%
to all creditors with payments to be made to creditors over a total
of five years (60 months) from the Petition Date which will pay
approximately $614,700 throughout the life of the Plan. The Plan
will be funded by the Debtor from its business operations in the
amount of $10,000 per month, and an additional $250 per month
funded by the Debtor's Members over the life of the Plan. Louis
Morgan, the Debtor's managing member, will be responsible for the
administration of payments to Creditors under the terms of the
Plan.
Upon confirmation of the Plan, the Reorganized Debtor will either
retain its DIP checking account or open a new account separate from
its business operating account for the purposes of funding and
disbursements hereunder. The Reorganized Debtor will either pay
quarterly payments out of the existing DIP account or deposit the
monthly payment into that separate account and make distributions
to creditors quarterly on the last business day of each third month
following the Plan Effective Date until completion of all required
payments.
The Class 4 Claimants consist of the general unsecured creditors
(GUC) and will be paid as a convenience class on the Effective
Date. To be paid on the Effective Date. The allowed unsecured
claims total $6,653. This Class is unimpaired.
The Debtor intends to continue its operations which, based upon
historical data and the budget projections should generate net
positive cash flow sufficient to pay the distributions required
under the Plan. All distributions under the Plan will be made from
the Debtor's future income and supplemented by the Debtor's members
contributions.
On December 2, 2025, at 10:00 a.m., a hearing to consider approval
of this Disclosure Statement and Plan will be held by the Court or
by any other judge sitting in the Court's place, in Courtroom 619,
of the United States Courthouse, 219 S. Dearborn, Chicago,
Illinois.
A full-text copy of the Amended Disclosure Statement dated October
20, 2025 is available at https://urlcurt.com/u?l=k3Ahkk from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Konstantine T. Sparagis, Esq.
Law Offices of Konstantine Sparagis, P.C.
900 W. Jackson Blvd., Ste. 4E
Chicago, IL 60607
Telephone: (312) 753-6956
Email: gus@konstantinelaw.com
About BRC Capital LLC
BRC Capital LLC is a single asset real estate company based in
Flossmoor, Illinois.
BRC Capital LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-00789) on Jan. 20,
2025. In its petition, the Debtor estimated assets between $500,000
and $1 million and liabilities between $100,000 and $500,000.
Bankruptcy Judge Deborah L. Thorne handles the case.
The Debtor is represented by Konstantine T. Sparagis, Esq. at Law
Offices of Konstantine Sparagis PC.
BUILDING CONSTRUCTION: Seeks Chapter 7 Bankruptcy in Georgia
------------------------------------------------------------
Building Construction Solutions Inc. voluntarily filed for Chapter
7 bankruptcy in the Northern District of Georgia on October 23,
2025. According to the petition, the company's liabilities fall in
the range of $100,001 to $1 million. The filing shows that the
company has between 1 and 49 creditors.
About Building Construction Solutions Inc.
Building Construction Solutions, Inc., headquartered in Georgia,
provides professional construction and contracting services across
residential and commercial sectors. Its offerings include project
management, remodeling, and structural development, ensuring
tailored solutions that align with client expectations.
Building Construction Solutions Inc. sought relief under Chapter 7
of the U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-21513) on
October 23, 2025. In its petition, the Debtor reports estimated
assets up to $100,000 and estimated liabilities between $100,001
and $1 million.
Honorable Bankruptcy Judge James R. Sacca handles the case.
The Debtor is represented by William C. McCurdy, Jr., Esq. of
Mccurdy And Lowman, LLC.
CBRM REALTY: Plan Exclusivity Period Extended to January 14, 2026
-----------------------------------------------------------------
Judge Michael B. Kaplan of the U.S. Bankruptcy Court for the
District of New Jersey extended CBRM Realty Inc. and its
affiliates' exclusive periods to file a plan of reorganization and
obtain acceptance thereof to January 14, 2026 and March 15, 2026,
respectively.
As shared by Troubled Company Reporter, the Debtors explain that
they are simultaneously advancing solicitation, a sale, and
confirmation on a compressed schedule. Thus, the breadth of
entities, assets, stakeholders, litigation, and concurrent sale and
plan process collectively demonstrate the size and complexity of
these chapter 11 cases and weigh in favor of extending the
Exclusivity Periods.
The Debtors claim that they are not seeking an extension of the
Exclusivity Periods to pressure or prejudice any of their
stakeholders. Continued exclusivity will allow the Debtors to bring
these chapter 11 cases to an orderly conclusion by preventing
competing plans from derailing the solicitation of votes on the
Plan. Being required to defend against multiple plans would give
rise to uncertainty and confusion among voters that could put the
confirmation of the Plan at risk and cause substantial delay in
returning value to the Debtors' creditors.
Since the Petition Date, the Debtors have paid their postpetition
debts in the ordinary course of business or as otherwise provided
by Court order, which weighs in favor of an extension of the
Exclusivity Periods. Additionally, the Debtors have had ongoing and
transparent communications with their major creditors and the U.S.
Trustee regarding business operations, and plan to continue to meet
their postpetition obligations in the ordinary course.
The Debtors assert that they have already taken significant steps
in these chapter 11 cases by filing the Plan to effectuate an
orderly wind down process to allocate proceeds following the
closing of the sale of the NOLA Properties, which is ultimately the
best path forward for the Debtors' estates. Accordingly, an
extension of the Exclusivity Periods will allow the Debtors
adequate time to complete the solicitation of votes on this Plan
and move forward with obtaining court approval.
Counsel to the Debtors:
Andrew Zatz, Esq.
Barrett Lingle, Esq.
WHITE & CASE LLP
1221 Avenue of the Americas
New York, New York 10020
Tel: (212) 819-8200
Email: azatz@whitecase.com
barrett.lingle@whitecase.com
- and -
Gregory F. Pesce, Esq.
Adam Swingle, Esq.
WHITE & CASE LLP
111 South Wacker Drive
Chicago, Illinois 60606
Tel: (312) 881-5400
E-mail: gregory.pesce@whitecase.com
adam.swingle@whitecase.com
Co-Counsel to the Debtors:
Kenneth A. Rosen, Esq.
KEN ROSEN ADVISORS PC
80 Central Park West
New York, New York 10023
Tel: (973) 493-4955
E-mail: ken@kenrosenadvisors.com
About CBRM Realty
CBRM Realty Inc. is a Somerset, New Jersey-based real estate
investment firm.
CBRM Realty Inc. and affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D.N.J. Lead Case No. 25-15343) on
May 19, 2025. In its petition, the Debtor reports estimated assets
and liabilities (on a consolidated basis) between $100 million to
$500 million each.
Honorable Bankruptcy Judge Michael B. Kaplan handles the case.
The Debtors tapped White & Case LLP and Ken Rosen Advisors PC as
counsel, Islanddundon LLC as financial advisor, and Kurtzman Carson
Consultants, LLC, doing business as Verita Global, as claims,
noticing, and solicitation agent.
CENTER FOR SPECIAL: Membership Interest Sale to 3 Daughters OK'd
----------------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division, has permitted Michael Goldberg, Chapter 11 Trustee of the
case of The Center for Special Needs Trust Administration Inc. to
sell membership interests in 3 Daughters Brewing LLC (3DB), free
and clear of liens, claims, interests, 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 Court has authorized the Trustee , through Nperspective
Advisory Services, LLC and William A. Long, Jr., the Court
appointed Chief Restructuring Officer of Seaboard to sell the
membership interests to the buyer, 3 Daughters Brewing, LLC.
The Court determined that the Proposed Sale of the estate's
interest in the Founding Member Unit in 3 Daughters Brewing, LLC,
which Unit in turn is owned by Seaboard Craft Beer Holdings LLC,
and consists of a capital percentage ownership in 3DB of 2.65%, for
a purchase price of $84,867.51 was the result of arm’s-length,
good-faith negotiations, and determined by the formula set forth in
the Amended Operating Agreement of 3DB.
The Trustee and the Purchaser, 3DB, are proceeding in good faith
and the Purchase Price is fair and reasonable.
The Proposed Sale of the Founding Unit is undertaken by the
Purchaser, 3DB, in good faith, and accordingly, the reversal or
modification on appeal of the authorization provided herein to
consummate the sale and any transactions related to the sale shall
not affect the validity of the sale of the Founding Unit to the
Purchaser or its assigns, unless such authorization is duly stayed
pending such appeal.
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.
CHINN BAKER: Hires Vivona Pandurangi PLC as Bankruptcy Counsel
--------------------------------------------------------------
Chinn Baker Properties, LLC seeks approval from the U.S. Bankruptcy
Court for the Eastern District of Virginia to hire Vivona
Pandurangi, PLC as bankruptcy counsel.
The firm's services include:
a. serving as general bankruptcy counsel;
b. preparing schedules and related forms;
c. representing the Debtor at the initial debtor interview,
creditors' meeting and hearings before the Bankruptcy Court;
d. advising the Debtor of his duties and responsibilities
under the Bankruptcy Code;
e. assisting in preparation of monthly operating reports;
analyzing Debtor's financial matters; advising Debtor in connection
with executory contracts; drafting documents to reflect agreements
with creditors; resolving motions for relief from stay and adequate
protection; negotiating for obtaining financing and use of cash
collateral, as necessary;
f. determining whether reorganization, dismissal, or
conversion is in the best interests of the Debtor and his
creditors;
g. working with the creditors' committee and other counsel, if
any;
h. drafting any disclosure statement and plan of
reorganization and attending any hearings thereon; and
i. handling other matters that arise in the normal course of
administration of this bankruptcy estate.
The Debtor has agreed to pay a retainer of $12,000.
As disclosed in the court filings, Vivona Pandurangi is a
disinterested person within the meaning of 11 U.S.C. Sec. 327.
The firm can be reached through:
Jonathan B. Vivona, Esq.
VIVONA PANDURANGI, PLC
601 King Street, Suite 400
Alexandria, VA 22314
Tel: (571) 969-6540
Fax: (703) 337-0490
Email: jvivona@vpbklaw.com
About Chinn Baker Properties
Chinn Baker Properties, LLC filed Chapter 11 petition (Bankr. E.D.
Va. Case No. 25-12069) on October 7, 2025, listing between $500,001
and $1 million in assets and between $100,001 and $500,000 in
liabilities.
Jonathan B. Vivona, Esq. at Vivona Pandurangi, PLC represents the
Debtor as counsel.
CLOVERLEAF ELECTRIC: Gets OK to Use $188K in Cash Collateral
------------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of Michigan,
Southern Division, issued an interim order allowing Cloverleaf
Electric, LLC to use cash collateral to fund operations.
The court authorized the Debtor to use up to $188,680 in cash
collateral, plus a 10% variance, to pay operating expenses through
November 14 as outlined in the submitted budget.
Unless ordered otherwise by the court, Cloverleaf must keep the
following funds in a debtor-in-possession account: $2,224.11 (17%
of beginning cash as of Oct. 17) and 2% of all accounts receivable
collected.
Additionally, the Debtor must segregate $6,500 per month for
professional fees, which will remain property of the bankruptcy
estate until allowed under Section 330 of the Bankruptcy Code.
To protect the U.S. Small Business Administration and other secured
creditors, the court granted them replacement liens on
post-petition assets, excluding the segregated funds, and approved
the Debtor’s monthly payments to the SBA.
A final hearing is set for November 12.
About Cloverleaf Electric LLC
Cloverleaf Electric, LLC provides residential, commercial, and
industrial electrical contracting services across Michigan. It
installs, repairs, and maintains electrical systems for homes,
businesses, and manufacturing facilities, covering wiring,
lighting, control systems, and breaker panels. Founded in 2011 and
based in Troy, Michigan, the company serves clients across the
region.
Cloverleaf Electric filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. E.D. Mich. Case No. 25-50310) on
October 14, 2025, with $100,000 to $500,000 in assets and $1
million to $10 million in liabilities. Shawn Hosner, sole member
and manager, signed the petition.
Judge Mark A. Randon presides over the case.
Mark H. Shapiro, Esq., at Steinberg Shapiro & Clark represents the
Debtor as legal counsel.
CONTEMPORARY MEDICAL: Hearing Today on Bid to Use Cash Collateral
-----------------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of New York is
set to hold a hearing today to consider another extension of
Contemporary Medical Services, PC's authority to use cash
collateral.
The Debtor's authority to utilize cash collateral pursuant to the
court's October 17 interim order expires on October 31.
The interim order approved the payment of expenses from the cash
collateral belonging to TD Bank, N.A. and the U.S. Small Business
Administration in accordance with the Debtor's budget (subject to a
10% variance).
As adequate protection, TD Bank and the SBA were granted
post-petition replacement liens on all assets of the Debtor, with
the same priority as their pre-bankruptcy liens.
The interim order also established a carveout of up to $10,000 for
professional fees and $5,000 for fees and expenses of a Chapter 7
trustee.
Events triggering default include exceeding budget limits, failure
to make required payments, or conversion of the case to one under
Chapter 7. Upon default, the Debtor's authority to use cash
collateral terminates unless cured or otherwise ordered by the
court.
About Contemporary Medical Services PC
Contemporary Medical Services, PC filed a petition under Chapter
11, Subchapter V of the Bankruptcy Code (Bankr. E.D.N.Y. Case No.
25-73888) on October 8, 2025, listing between $500,001 and $1
million in assets and between $1 million and $10 million in
liabilities.
Judge Sheryl P. Giugliano presides over the case.
Joseph S. Maniscalco, Esq., at Lamonica Herbst Maniscalco
represents the Debtor as legal counsel.
CORNERSTONE GENERATION: S&P Rates Secured Credit Facilities 'BB-'
-----------------------------------------------------------------
S&P Global Ratings assigned its 'BB-' rating on Cornerstone
Generation LLC's senior secured credit facilities. The recovery
rating is '2'.
Energy Capital Partners (ECP), through its project financing
vehicle Cornerstone Generation LLC, acquired three gas-fired assets
that were formerly part of Lightstone HoldCo LLC from ArcLight
Capital Partners and Blackstone.
The portfolio has a total capacity of about 2.6 gigawatts (GW) in
the regional transmission organization (RTO) region of the
Pennsylvania-New Jersey-Maryland Interconnection (PJM). The
remaining coal asset from Lightstone Holdco LLC, Gavin, is not part
of this new project financing.
To fund the acquisition, ECP raised $1.525 billion in financing,
composed of a $1.4 billion senior secured first-lien term loan B
(TLB) and a $125 million senior secured revolving credit facility
(RCF), of which S&P expects $20 million to be drawn at close.
S&P said, "Our 'BB-' ratings reflect our expectation of strong
market fundamentals for the next few years supported by an expected
surge in power demand driven by AI and data centers' high energy
consumption, plus the strong results of recent PJM capacity
auctions, which should result in strong cash flow generation in the
upcoming years. The rating also reflects our view of high cash flow
visibility in the coming years due to energy hedges.
"Based on our view of the portfolio's expected operating
performance and projections of market-driven variables such as
energy and capacity prices in PJM, we forecast debt service
coverage ratios above 2x during the term loan B period, and a
minimum debt service coverage ratio (DSCR) of 1.42x in the post
refinancing period, where we model a fully amortizing repayment
profile through 2042.
"The stable outlook reflects our belief that improved energy and
capacity market dynamics and steady operating performance will
allow Cornerstone to reduce leverage throughout the life of the TLB
via its 50% cash flow sweep mechanism."
Cornerstone is composed of three assets with a total capacity of
about 2.6 GW. The assets include Lawrenceburg, an approximately 1.2
GW combined cycle gas turbine (CCGT) facility in Lawrenceburg,
Ind.; Waterford, a 905-megawatt (MW) CCGT in Waterford, Ohio; and
Darby, a 472 MW simple cycle peaking facility in Mount Sterling,
Ohio. All assets are in the RTO region of PJM and sell power into
the American Electric Power (AEP) Dayton Hub. Cornerstone engages
in hedging and bilateral capacity sales, although it primarily
sells energy and capacity on a merchant basis. The project is owned
by ECP.
S&P said, "The final terms of the issuance are commensurate with
our 'BB-' rating. The final issuance of $1.4 billion
project-finance debt is in-line with our expectations under our
preliminary rating, leading to our final 'BB-' rating. The issuance
size of $1.4 billion and pricing of SOFR + 325 bps are as expected
in our latest review, June 16, 2025. Additionally, in our base case
we continue to include $50 million of incremental debt that does
not require a rating reaffirmation. The final credit documents
provide for a typical project-finance structure, including
anti-filing mechanisms. The project will have an independent
manager whose vote is required for material actions, such as
initiating bankruptcy.
"PJM capacity prices are somewhat higher in our revised forecast,
increasing cashflows in the medium term. Recently cleared capacity
prices represent a slight improvement from our previous forecast,
bolstering Cornerstone's earnings profile since 40%-45% of its
gross margin is derived from capacity payments. Although capacity
prices have increased in the medium-term, long-term prices are
nominally the same as under our last review. Cornerstone's cash
flow and debt service coverage profile continue to be supportive of
our 'BB-' rating. The minimum DSCR is 1.42x and occurs in the
post-refinancing period.
"We have revised our valuation of Lawrenceburg and Waterford, the
portfolio's two CCGTs, which drives an improvement in the recovery
score. Given the current valuations of similar assets, we have
revised our distressed valuation of the portfolio's two CCGT's to
$450/KW from $400/KW. The revision of valuations, in addition to
there being less debt outstanding at our hypothetical time of
default, results in the recovery score improving to '2', from '3'.
"The stable outlook reflects our belief that improved energy and
capacity market dynamics and steady operating performance will
allow Cornerstone to achieve DSCRs of above 2x over the life of the
TLB and a minimum DSCR of about 1.4x in the refinancing period. We
expect a debt balance of about $870 million at maturity."
S&P could consider a negative rating action if Cornerstone's DSCR
falls below 1.35x on a sustained basis. This could occur if:
-- There is material deterioration in spark spreads and cleared
capacity prices.
-- If operational issues reduce generation or increase cost, or if
market or economic factors result in decreased levels of dispatch.
-- Additionally, S&P could also consider a negative rating action
if Cornerstone is unable to de-lever on pace with its expectations,
resulting in a higher debt balance at maturity and a lower minimum
DSCR in the term loan's refinancing period.
-- S&P could consider a positive rating action if Cornerstone is
able to de-lever faster than our expectations such that its minimum
DSCR increases beyond 1.8x in the refinancing period.
This could occur if:
-- Cornerstone can realize higher spark spreads than S&P
anticipates over its forecast, or if PJM capacity prices clear
higher than its current expectations.
-- Cornerstone can lock in cash flows via bilateral capacity sales
at prices higher than S&P anticipates, or if Cornerstone's dispatch
increases significantly beyond what our forecast contemplates; and
-- Cash flow sweeps are above S&P's expectations during the TLB
period so the amount outstanding at refinancing is materially lower
than the expected $870 million.
DCA OUTDOOR: Hires GlassRatner Advisory as Financial Advisor
------------------------------------------------------------
DCA Outdoor, Inc. seeks approval from the U.S. Bankruptcy Court for
the Western District of Missouri to hire GlassRatner Advisory &
Capital Group, LLC to provide financial advisory services.
The firm's services include:
a. assist the Debtor in preparing or supervising the
preparation of reports as may be required by applicable federal and
local bankruptcy statutes and rules, e.g., "Monthly Operating
Reports," and other reports as may be requested or required by the
court for the benefit of the court, creditors, and other
constituents in any Bankruptcy Case;
b. assist the Debtor with reviewing, evaluating and analyzing
the financial ramifications of proposed transactions for which the
Debtor may seek court approval;
c. assist the Debtor by testifying before the court, as may be
required, on behalf of the Debtor;
and;
d. assist the Debtor by performing such other duties or tasks
that fall within the customary responsibilities of a debtor in
possession's financial advisor as requested by the Debtor's
management and/or board of directors.
The firm will be paid at these rates:
Irene Byela $425
Senior Managing Directors $525 - $1075
Managing Directors $465 - $895
Others $250 - $625
As disclosed in the court filings, GlassRatner is disinterested as
such term is defined by Sec. 101(14) of the Bankruptcy Code.
The firm can be reached through:
Irene Byela
B Riley Advisory Services
GlassRatner Advisory & Capital Group, LLC
6195 Riverwood Dr
Atlanta, GA 30328-3734
Phone: (404) 483-8422
About DCA Outdoor Inc.
Established in 2016, DCA Outdoor Inc. is a vertically integrated
green industry organization headquartered in Kansas City,
Missouri.
DCA Outdoor connects various sectors -- including agricultural
production, landscape distribution, retail, agritourism, and
transportation -- through its family of brands. The DCA Outdoor
family comprises several brands including Schwope Brothers Tree
Farms, Utopian Plants, RIO, Anna Evergreen, Brehob Nurseries, KAT
Landscape, Colonial Gardens, PlantRight, PlantRight Supply, and
Utopian Transport.
DCA Outdoor sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. W.D. Miss. Case No. 25-50053) on February 20, 2025. In
its petition, the Debtor reported up to $50,000 in assets and
between $50 million and $100 million in liabilities.
Honorable Bankruptcy Judge Cynthia A. Norton handles the case.
The Debtor tapped Larry E. Parres, Esq., at Lewis Rice, LLC as
legal counsel and Creative Planning, LLC and its affiliate
BerganKDV as audit and tax professionals.
Summit Investment Management LLC, as DIP lender, can be reached
through:
Patrick Gilbert
Summit Investment Management, LLC
Wells Fargo Center
1700 Lincoln Street, Suite 2150
Denver, CO 80203
Office: (720) 221-3154
Cell: (651) 688-6127
E-mail: pgilbert@summit-investment.com
DEPLOYED SOLDIERS: Unsecureds Will Get 100% of Claims in Plan
-------------------------------------------------------------
Deployed Soldiers Network LLC filed with the U.S. Bankruptcy Court
for the District of Maryland a Small Business Plan of
Reorganization under Subchapter V dated October 17, 2025.
The Debtor is a Delaware Subchapter S corporation which provides
telecommunications services to deployed American servicemembers in
Kosovo, consulting services, and coating and overlay roofing
services.
The Debtor was registered under the laws of the State of Delaware
on November 23, 2004. Prior to 2025, the Debtor exclusively engaged
in telecommunication and consulting. In early 2025, the Debtor
expanded to provide roofing and arborist services to companies
installing solar panels onto building roofs. In an effort to
provide the arborist service, the Debtor purchased approximately
$500,000.00 of vehicles and machinery. To finance said vehicles and
machinery, the Debtor obtained financing in excess of $500,000.00,
all of which is secured.
Shortly after the purchase of the vehicles and equipment, the
arborist services offered by the Debtor were no longer required by
the solar installation companies contracting the Debtor.
Accordingly, the Debtor could not generate the income required to
repay the monthly amounts owed pursuant to the terms of the
financing agreement. Unable to continue its business under these
circumstances, the Debtor filed for relief under Chapter 11 of the
Bankruptcy Code.
Pursuant to Section 1190(2) of the Bankruptcy Code, the proposed
Plan provides that $23,480.47 will be paid to the general unsecured
class, which accounts for one hundred percent of the unsecured
claims. There are no avoidable prepetition transfers. As such,
after payment of priority and administrative claims, the
distribution to unsecured creditors in a Chapter 7 liquidation
would be the same or lower than under this Plan.
Class C consists of all allowed general unsecured claims against
the Debtor. In accordance with the provisions of Section 1191(d) of
the Bankruptcy Code, this class shall be paid in full within thirty
days of the Execution Date. The allowed unsecured claims total
$23,480.47. This class is unimpaired.
Funds for implementation of the Plan will be derived from the
Debtor's business income and cash on hand. The Debtor can afford to
make the payments herein because its existing Projected Disposable
Income, as indicated on the Projected Disposable Income Spreadsheet
attached hereto as Exhibit D, shows the ability to make the
payments required herein.
A full-text copy of the Plan of Reorganization dated October 17,
2025 is available at https://urlcurt.com/u?l=xVxVQA from
PacerMonitor.com at no charge.
About Deployed Soldiers Network LLC
Deployed Soldiers Network, LLC is an information technology company
that appears to provide specialized IT services related to military
personnel or veterans.
Deployed Soldiers Network sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Md. Case No.
25-17821) on August 26, 2025. In its petition, the Debtor reported
between $500,000 and $1 million in assets and liabilities.
The Debtor is represented by:
David Erwin Cahn
Law Office Of David Cahn, LLC
Tel: 301-799-8072
Email: david@cahnlawoffice.com
EDITH'S CRUST: Creditors to Get Proceeds From Liquidation
---------------------------------------------------------
Edith's Crust and Crumb, Inc. filed with the U.S. Bankruptcy Court
for the Eastern District of California a Plan of Reorganization for
Small Business dated October 17, 2025.
The Debtor was formed as a California corporation in 2016. Its only
business is a casual restaurant in Turlock, California which serves
pizza, baked goods, and sandwiches.
The Debtor has made the decision to sell the furniture, fixtures,
equipment, dishes, utensils, pots, and pans ("Restaurant
Equipment") to Adroit Capital, LLC, an unrelated entity, for
$25,000, the best offer obtained to date after substantial effort.
The Debtor's shareholders, George Kosmas and Ellen Kosmas on or
before June 11, 2030, will try (but will have no legal obligation)
to contribute sufficient funds to pay the unpaid administrative and
priority claims. George Kosmas suffers from cancer and is unable to
work. Ellen Kosmas is employed part-time in a government food
preparation kitchen.
The Debtor intends to immediately cease operations. The Debtor has
entered into an agreement to sell the Restaurant Equipment to
Adroit Capital, LLC for the sum of $25,000. It appears all of the
funds will go to the Internal Revenue Service because of its
secured claim.
The Plan of Reorganization proposes to pay creditors of the Debtor
from cash from liquidation of assets over a nine-month period.
The Plan provides for full payment of administrative, secured
claims, and priority claims, dependent on the shareholders having
the ability to contribute future funding. The Plan does not provide
for any payment of non-priority unsecured claims.
Class 3 consists of Non-priority unsecured claims. This class is
impaired by this Plan. The holders of claims in this class will
receive nothing.
Class 4 consists of Equity interests in the Debtor. This class is
not impaired. The shareholders will retain their shares in the
Debtor.
The Debtor intends to complete the sale of its assets pursuant to a
noticed motion, with the proceeds of sale going to the Internal
Revenue Service on account of its secured claim, which encumbers
the Restaurant Equipment.
To the extent there are insufficient funds to perform the terms of
this Plan, including payment of administrative fees allowed in the
future, George Kosmas and Edith Kosmas, the Debtor's shareholders,
will try (but will have no legal obligation) to pay the remaining
claims to the extent provided for in this plan.
A full-text copy of the Plan of Reorganization dated October 17,
2025 is available at https://urlcurt.com/u?l=JDIyzE from
PacerMonitor.com at no charge.
The attorney can be reached at:
David C. Johnston, Esq.
1600 G Street, Suite 102
Modesto, CA 95354
Tel: (209) 579-1150
Fax: (209) 900-9199
About Edith's Crust and Crumb
Edith's Crust and Crumb, Inc. was formed as a California
corporation in 2016.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. E.D. Calif. Case No. 25-90481) on June 12,
2025, with $100,001 to $500,000 in assets and liabilities.
Judge Christopher D. Jaime presides over the case.
David C. Johnston, Esq., represents the Debtor as legal counsel.
EMPIRE CORE: Seeks to Hire Kirby Aisner & Curley as Attorney
------------------------------------------------------------
Empire Core Group LLC seeks approval from the U.S. Bankruptcy Court
for the Southern District of New York to hire Kirby Aisner &
Curley, LLP as its attorneys.
The firm will render these services:
a. give advice to the Debtors with respect to their powers and
duties as a Debtors-in-Possession and the continued management of
their property and affairs;
b. negotiate with creditors of the Debtors and work out a plan
of reorganization and take the necessary legal steps in order to
effectuate such a plan including, if need be, negotiations with the
creditors and other parties in interest;
c. prepare the necessary legal papers required for Debtors who
seek protection from their creditors under Chapter 11 of the
Bankruptcy Code;
d. appear before the Bankruptcy Court to protect the interest
of the Debtors and to represent the Debtors in all matters pending
before the Court;
e. attend meetings and negotiate with representatives of
creditors and other parties in interest;
f. advise the Debtors in connection with any potential
refinancing of secured debt and any potential sale of the
businesses or their assets outside the ordinary course;
g. represent the Debtors in connection with obtaining
post-petition financing;
h. take any necessary action to obtain approval of a
disclosure statement and confirmation of a plan of reorganization;
and
i. perform all other legal services for the Debtors which may
be necessary for the preservation of the Debtors' estates and to
promote the best interests of the Debtors, their creditors and
their estates.
The firm's 2025 hourly rates are:
Partners $525 to $625
Associates $375 to $495
Law Clerks/Paralegals $175 to $250
Kirby Aisner received the sum of $51,738 as a pre-petition
retainer.
In addition, the firm will seek reimbursement for expenses
incurred.
Erica Aisner, Esq., an attorney at Kirby Aisner & Curley, 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:
Erica R. Aisner, Esq.
Kirby Aisner & Curley LLP
700 Post Road, Suite 237
Scarsdale, NY 10583
Telephone: (914) 401-9500
Email: eaisner@kacllp.com
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.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. N.Y. Case No. 25-22894) on September
22, 2025. In the petition signed by Florim Lajqi, CEO and member,
the Debtor disclosed up to $10 million in both assets and
liabilities.
Judge Sean H. Lane oversees the case.
Erica Aisner, Esq., at Kirby Aisner & Curley, LLP, represents the
Debtor as legal counsel.
ERICA ITZHAK: NY Court Rules Garnishment a Preferential Transfer
----------------------------------------------------------------
Judge John P. Mastando III of the United States Bankruptcy Court
for the Southern District of New York granted Erica Itzhak's
summary judgment motion in the adversary proceeding captioned as
Erica Itzhak, Plaintiff, -v- Yossef Kahlon, Defendant, Adv. Pro.
No. 25-01029 (JPM) (Bankr. S.D.N.Y.). Yossef Kahlon's motion to
dismiss is denied.
This is an adversary proceeding arising in the bankruptcy case In
re: Erica Itzhak, Case No. 24-10669. On Feb. 4, 2025, Plaintiff
filed Debtor's Complaint To Avoid Transfer Pursuant to 11 U.S.C.
Sec. 547. The Complaint seeks to avoid, as a preferential transfer,
a pre-petition lien on cooperative shares owned by Plaintiff/Debtor
Erica Itzhak related to the property located at 345 East 56th
Street, Apt. 4D, New York, NY 10022.
Plaintiff is a licensed attorney residing in New York. In March
2016, Defendant Kahlon commenced an action for legal malpractice
against Itzhak, styled Yossef Kahlon, et. al. v. Erica T. Yitzhak,
et. al., Case No. 24-5383, in the Supreme Court of the State of New
York, County of Nassau. On April 29, 2022, the State Court granted
summary judgment in favor of Defendant Kahlon on the malpractice
claim and entered a judgment for over $1.5 million against Itzhak.
On Feb. 15, 2024, Defendant Kahlon delivered an "Execution With
Notice to Garnishee" to the Sheriff thereby enforcing the Judgment
and creating a lien against the Shares related to the Property.
Kahlon has sought dismissal under Rule 12(b)(6) for failure to
state a claim upon which relief can be granted.
Itzhak's Summary Judgment Motion argues that:
(1) the Motion to Dismiss should be converted to a motion for
summary judgment pursuant to Rule 12(d); and
(2) summary judgment should be granted in favor of Plaintiff
based on a finding that the lien is a "preferential transfer" under
Section 547(b).
Itzhak contends that the preferential transfer occurred within 90
days of the Petition Date. Plaintiff asserts that a "prepetition
transfer" occurred under Section 101(54) when Defendant delivered
the Execution With Notice to Garnishee to the Sheriff to secure
Defendant's interest in the Shares. She also asserts that the
transfer was on account of an antecedent debt owed by
Plaintiff/Debtor to Defendant and was made while the Debtor was
insolvent.
In the Motion to Dismiss, Defendant argues that under New York law,
Defendant's judgment lien was perfected at the time the judgment
was entered on April 29, 2022. Defendant further argues that the
delivery of the execution to the Sheriff merely continued the
perfection of the Judgement from April 29, 2022, and thus the
transfer falls outside of the 90-day preference window prescribed
by Section 547.
The Court agrees with Plaintiff that the transfer occurred on Feb.
15, 2024, when Defendant delivered the Execution With Notice to
Garnishee to the Sheriff, thus establishing the Lien. The Court
disagrees with Defendant's contention that perfection occurred when
the Judgment was entered on April 29, 2022.
The Court finds that the lien obtained by Defendant on Feb. 15,
2024 constitutes a preferential transfer under Section 547(b).
A copy of the Court's Memorandum Opinion and Order dated October
21, 2025, is available at
https://urlcurt.com/u?l=tArP7y from PacerMonitor.com.
Attorneys for Plaintiff Erica Itzhak:
Scott S. Markowitz, Esq.
TARTER KRINSKY & DROGIN LLP
1350 Broadway, 11th Floor
New York, NY 10018
E-mail: smarkowitz@tarterkrinsky.com
Attorneys for Defendant Yossef Kahlon:
David Harris Haft, Esq.
DARROW EVERETT, LLP
1 SE 3rd Ave, Ste #2520
Miami, FL 33131
On April 19, 2024, Erica Itzhak filed a petition for relief under
Chapter 13 of the Bankruptcy Code. On July 1, 2024, the Chapter 13
case was converted to one under Subchapter V of Chapter 11 of the
Bankruptcy Code.
EXACTECH INC: Court OKs Additional $19.1MM DIP Loan
---------------------------------------------------
Exactech, Inc. and affiliates obtained an order from the U.S.
Bankruptcy Court for the District of Delaware approving the third
amendment to their existing debtor-in-possession credit agreement.
This amendment increases the DIP facility by approximately $19.1
million to provide additional liquidity needed as the Debtors
approach the anticipated effective date of their confirmed Chapter
11 plan and the closing of a related sale of substantially all
assets.
Exactech, founded in 1985 and headquartered in Gainesville,
Florida, is a global medical device company specializing in joint
replacement implants and surgical instruments. It operates in the
U.S. and nine international markets, employing roughly 900 people.
Exactech sells products in over 30 countries and focuses on hip,
knee, extremity implants, and navigation systems.
The Debtors filed Chapter 11 on October 29, 2024, and continue to
operate as debtors-in-possession. They are subject to an official
committee of unsecured creditors. Prior to filing, the Debtors
engaged with an ad hoc group of first lien lenders to restructure
pre-petition debt and obtain DIP financing. On the petition date,
the Debtors filed a motion to approve an initial $85 million DIP
facility, which was authorized on an interim basis shortly after,
and on a final basis in December 2024, enabling borrowing of the
full $85 million.
Subsequently, the Debtors sought and obtained approval of two prior
amendments to the DIP facility, which increased total borrowing
capacity to $145 million. The first and second DIP amendments
modified borrowing terms, liquidity provisions, covenants, and
events of default. These amendments were supported by declarations
from the chief restructuring officer who testified that the amended
facility would provide sufficient liquidity to operate until plan
confirmation.
Although a plan confirmation hearing was initially anticipated in
May, the Debtors elected to amend their Chapter 11 plan further,
filing a fifth amended plan in July. The court confirmed this plan
on September 17, along with approval of the asset sale to a buyer
formed for the benefit of the prepetition first lien and DIP
lenders. The plan and sale are expected to become effective and
close by October 31.
As the Debtors near these milestones, they require additional DIP
financing to meet obligations under the confirmed plan, including
funding escrow accounts for professional fees, payments to
wind-down officers, commercial general unsecured creditor trusts,
and settlement trusts. The $19.1 million increase ensures
sufficient liquidity to satisfy these obligations and complete the
sale and plan implementation.
The Debtors said that the payment of the incremental premiums is
reasonable and necessary to incentivize the DIP lenders to provide
the additional liquidity. The amendments also include prudent
restrictions to control professional fees and ensure proper use of
funds.
A copy of the DIP order is available at https://is.gd/KzG4Hx
About Exactech Inc.
Exactech Inc. -- https://www.exac.com/ -- is a joint-replacement
implant manufacturer owned by TPG Capital.
Exactech Inc. and its affiliates sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case No. 24-12441) on
Oct. 29, 2024. In the petition filed by Donna H. Edwards, as
general counsel and senior vice president, Exactech reported
between $100 million and $500 million in assets and liabilities.
Judge Laurie Selber Silverstein oversees the cases.
The Debtors tapped Young Conaway Stargatt & Taylor, LLP as legal
counsel, Centerview Partners, LLC as investment banker, Riveron
Management Services, LLC as restructuring advisor and Jesse York of
Riveron as chief restructuring officer. Kroll Restructuring
Administration, LLC is the claims agent and administrative
advisor.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors. Brown Rudnick LLP is the
committee's counsel.
On September 17, 2025, the court confirmed the Debtors' Joint
Chapter 11 plan.
FASHIONABLE INC: Gets OK to Use Cash Collateral Until Nov. 21
-------------------------------------------------------------
Fashionable, Inc. received fifth interim approval from the U.S.
Bankruptcy Court for the Middle District of Tennessee, Nashville
Division, to use cash collateral.
The fifth interim order authorized the Debtor's use of cash
collateral to pay its operating expenses from October 24 through
November 21.
CFT Clear Finance Technology Corp. and other lienholders will be
granted replacement liens on all property acquired by the Debtor
after the petition date, with the same priority as their
pre-bankruptcy liens.
As additional protection, CFT will receive biweekly payments of
$5,000.
The final hearing is scheduled for November 18.
CFT is represented by:
Justin Sveadas, Esq.
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
633 Chestnut Street, Suite 1900
Chattanooga, TN 37450
Phone: 423.209.4184
Fax: 423.752.9589
jsveadas@bakerdonelson.com
About Fashionable Inc.
Fashionable, Inc., doing business as ABLE, is a Nashville-based
women's clothing and accessories brand offering a thoughtfully
curated range of apparel, leather goods, jewelry, and footwear.
Fashionable sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Tenn. Case No. 25-01501) on April 8,
2025, listing between $1 million and $10 million in both assets and
liabilities. Misti Blasko, chief executive officer of fashionable,
signed the petition.
Judge Randal S. Mashburn oversees the case.
R. Alex Payne, Esq., at Dunham Hildebrand Payne Waldron, PLLC is
the Debtor's legal counsel.
FLEMING INTERNATIONAL: Seeks Chapter 15 Bankruptcy in New York
--------------------------------------------------------------
Janine Panzer of Bloomberg News reports that Fleming International
Reinsurance Ltd., a Bermuda-incorporated reinsurer with a
Cayman-based parent company, filed a Chapter 15 petition in the
Southern District of New York on October 26, 2025. The company,
previously known as JRG Reinsurance Company Ltd., is seeking
recognition of its Bermuda insolvency and provisional liquidation
proceedings.
The petition -- filed by foreign representatives from AlixPartners
UK and Kroll Bermuda -- aims to extend the Bermuda court's
jurisdictional protections to the United States. It also seeks to
stay domestic litigation, including an ongoing dispute with James
River Group, while the restructuring process continues abroad.
About Fleming International Reinsurance Ltd.
Fleming International Reinsurance Ltd. is a Bermuda-incorporated
reinsurer with a Cayman-based parent company.
Fleming International Reinsurance Ltd. sought relief under Chapter
15 of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-12353)
on October 26, 2025.
Honorable Bankruptcy Judge John P. Mastando III handles the case.
The Debtor is represented by Robert Drain, Esq. of Skadden, Arps,
Slate, Meagher & Flom LLP.
GAI AIR: Case Summary & Three Unsecured Creditors
-------------------------------------------------
Three affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
GAI Air, LLC (Lead Case) 25-90526
Chennault Aviation LLC
15900 Schank Road
Conroe, TX 77306
Kachina Air, Inc. 25-90527
15900 Schank Road
Conroe, TX 77306
AWMR, LLC 25-90528
15900 Schank Road
Conroe, TX 77306
Business Description: GAI Air, Kachina Air, and AWMR operate an
integrated aviation campus that provides
flight training, maintenance education, and
general aviation services.
Chapter 11 Petition Date: October 24, 2025
Court: United States Bankruptcy Court
Southern District of Texas
Judge: Hon. Christopher M Lopez
Debtors'
General
Bankruptcy
Counsel: Susan Tran Adams, Esq.
Brendon Singh, Esq.
TRAN SINGH LLP
2502 La Branch Street
Houston, Texas 77004
Tel: (832) 975-7300
Fax: (832) 975-7301
Email: stran@ts-llp.com
bsingh@ts-llp.com
Lead Debtor's
Estimated Assets: $10 million to $50 million
Lead Debtor's
Estimated Liabilities: $1 million to $10 million
The petitions were signed by Xian Hua Wang as president.
Full-text copies of the petitions are available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/EFWXPIA/GAI_Air_LLC__txsbke-25-90526__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/PND5UIY/Kachina_Air_Inc__txsbke-25-90527__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/PJMOTBI/AWMR_LLC__txsbke-25-90528__0001.0.pdf?mcid=tGE4TAMA
Lead Debtor's List of Three Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Investar Bank Promissory Note $6,074,321
2501 Palmer Highway Suite 100
Texas City, TX 77590
2. Investar Bank $405,000
2501 Palmer Highway Suite 100
Texas City, TX 77590
3. Regions Bank $63,595
250 Riverplace Parkway East
Birmingham, AL 35244
GIRARDI & KEESE: Bankruptcy Trustees Seek $3.2MM Clawback
---------------------------------------------------------
Rae Ann Varona of Law360 reports that bankruptcy trustees for
disgraced California attorney Tom Girardi's shuttered law firm and
New York attorney Joseph DiNardo have filed a lawsuit seeking to
recover over $3.1 million that they claim should have gone to a gas
explosion victim. Instead, they allege the funds were used to help
finance food and beverage ventures tied to DiNardo and his
associates.
According to the complaint, the transfers violated bankruptcy and
fraudulent conveyance laws, diverting money that rightfully
belonged to a settlement client. The trustees are asking the court
to claw back the funds for the benefit of Girardi Keese's creditors
and hold those involved accountable for misappropriating client
compensation.
About Girardi & Keese
Girardi and Keese or Girardi & Keese was a Los Angeles-based law
firm founded in 1965 by lawyers Thomas Girardi and Robert Keese. It
served clients in California in a variety of legal areas. It
wasknown for representing plaintiffs against major corporations.
An involuntary Chapter 7 petition (Bankr. C.D. Cal. Case No.
20-21022) was filed in December 2020 against GIRARDI & KEESE by
alleged creditors Jill O'Callahan, Robert M. Keese, John Abassian,
Erika Saldana, Virginia Antonio, and Kimberly Archie.
The petitioners' attorneys is Andrew Goodman, at Goodman Law
Offices, Apc.
Elissa D. Miller, a member of the firm SulmeyerKupetz, has been
appointed as Chapter 7 trustee for GIRARDI KEESE.
GLORY DIVINE: Seeks to Hire Wilson Law Firm LLC as Attorney
-----------------------------------------------------------
Glory Divine Home Care, LLC seeks approval from the U.S. Bankruptcy
Court for the Middle District of Louisiana to employ Wilson Law
Firm, LLC as attorney.
The firm will provide legal services necessary for the
administration of this case, including advising the Debtor on its
duties under the Bankruptcy Code, preparing and filing pleadings,
representing the Debtor in negotiations and hearings, assisting in
plan formulation, and other necessary services.
The firm will charge its customary hourly rates.
Wilson Law Firm has no interests adverse to the estate and is a
"disinterested person" within the meaning of 11 U.S.C. Sec.
101(14), according to court filings.
The firm can be reached through:
Kathleen M. Wilson, Esq.
Wilson Law Firm, LLC
1762 Dallas Drive
Baton Rouge, LA 70806
Tel: (225) 923-8237
Email: wilsonlawfirmllc@gmail.com
About Glory Divine Home Care, LLC
Glory Divine Home Care, LLC filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. M.D. La. Case No.
25-10941) on October 14, 2025, listing up to $50,000 in assets and
$1,000,001 to $10 million in liabilities.
Judge Michael A Crawford presides over the case.
Kathleen M Wilson, Esq. at Wilson Law Firm, LLC represents the
Debtor as counsel.
GREG BEECHE: Case Summary & 18 Unsecured Creditors
--------------------------------------------------
Debtor: Greg Beeche Logistics, LLC
356 Hudson River Road
Waterford, NY 12188
Business Description: Greg Beeche Logistics, LLC, based in
Waterford, New York, provides specialized
work access systems and support services for
construction and maintenance projects. The
Company offers engineering, logistics
planning, equipment installation, safety
compliance, and maintenance services for
structures requiring elevated or hard-to-
reach access. It has been involved in
projects including the United Nations
Secretariat Building, One World Trade
Center, and Goldman Sachs Tower.
Chapter 11 Petition Date: October 24, 2025
Court: United States Bankruptcy Court
Northern District of New York
Case No.: 25-11257
Judge: Hon. Patrick G Radel
Debtor's Counsel: Peter A. Orville, Esq.
ORVILLE & MCDONALD LAW, P.C.
30 Riverside Drive
Binghamton, NY 13905
Tel: 607-770-1007
Fax: 607-770-1110
Total Assets: $21,224,885
Total Liabilities: $16,537,466
The petition was signed by Gregory L. Beeche as 80% owner and
member.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/LVWS7DA/Greg_Beeche_Logistics_LLC__nynbke-25-11257__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 18 Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. AFCO Direct Insurance $50,484
Two Conway Park
150 N Field Dr., Ste. 190
Lake Forest, IL 60045
2. Crum & Forster Insurance $78,928
303 Madison Ave
Morristown, NJ 07960
3. D.H. Charles Engineering Engineering $0
4706 Hoen Avenue Services
Santa Rosa, CA 95405
4. Donald Packer Loan $1,035,000
1 Paddock Ct
Glen Head, NY 11545
5. Fabbrica LLC Refund Due $171,936
1 Market Cir
Windsor, CT 06095
6. Great American Risk Judgment $144,050
Solutions Surplus Lines
Insurance Company
301 E. Fourth St.
Cincinnati, OH 45202
7. Ironworkers Local 580 Employee Unknown
501 W. 42nd St. Benefits
2nd Fl
New York, NY 10036
8. James Pai Labor $2,730
15 Hadel Road
Scotia, NY 12302
9. John Pantanelli Confesssion $1,002,085
47-49 31st Street, LLC of Judgment
150 Old
Mamaroneck Rd.
White Plains, NY 10605
10. McCormick 103, LLC $11,188,213
11350 McCormick
Road, Ste. 902
Hunt Valley, MD 21031
11. McMaster-Carr Materials $4,460
Supply Company
600 N County Line Rd
Elmhurst, IL 60126
12. NYS Department of Withholding Tax $29,316
Taxation & Finance
Building 9
W.A. Harriman Campus
Albany, NY 12227
13. NYS Department of Withholding Tax $21,484
Taxation & Finance
Building 9
W.A. Harriman Campus
Albany, NY 12227
14. NYS Department of Sales/Use Tax $256,376
Taxation & Finance
Building 9
W.A. Harriman Campus
Albany, NY 12227
15. Sky Climber LLC Services $24,049
1600 Pittsburgh Dr
Delaware, OH 43015
16. U.S. Department of Fine $6,030
Labor - OSHA
PO Box 2422
Washington, DC 20013
17. William Cade Confession $1,598,000
7332 Grant Blvd of Judgment
New Port Richey, FL 34652
18. Wolberg Electrical Supplies $5,565
Supply Co., Inc.
35 Industrial Park Rd
Albany, NY 12206
HARLING INC: Court Extends Cash Collateral Access to Nov. 19
------------------------------------------------------------
Harling, Inc. received another extension from the U.S. Bankruptcy
Court for the Northern District of Illinois, Eastern Division, to
use cash collateral.
The interim order penned by Judge Jacqueline Cox authorized the
Debtor to use cash collateral retroactive to the date of filing the
Debtor's Chapter 11 case through November 19.
As protection from any diminution in the value of its collateral,
Byline Bank was granted a first-priority lien on property acquired
by the Debtor after the petition date, including all proceeds and
products thereof. This lien will have the same priority and extent
as the bank's pre-bankruptcy lien.
A further hearing is scheduled for November 18.
The Debtor previously entered into two loan agreements with Byline
Bank: one for $250,000 and another for $1.05 million, both secured
by the Debtor's assets, including equipment, inventory, accounts
receivable, and general intangibles. Byline Bank has filed proofs
of claim for $218,647 and $741,213 on those respective loans.
The Debtor's schedules list total assets of $29,137, primarily
composed of $21,447 in accounts receivable and $3,500 in office
furniture and equipment.
About Harling Inc.
Harling Inc. specializes in masonry facade repair, restoration, and
building waterproofing services for commercial, industrial, and
institutional buildings. It is based in Broadview, Ill.
Harling sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-04324) on March 1,
2025. In its petition, the Debtor reported between $100,000 and
$500,000 in assets and between $1 million and $10 million in
liabilities.
Judge Jacqueline P. Cox handles the case.
Joel Schechter, Esq., at the Law Offices of Joel A. Schechter is
the Debtor's legal counsel.
Byline Bank, as secured creditor, is represented by:
Martin J. Wasserman, Esq.
Carlson Dash, LLC
216 S. Jefferson St., Suite 303
Chicago, IL 60661
Phone: 312-382-1600
mwasserman@carlsondash.com
HARVEST SHERWOOD: Hires Cadwalader Wickersham as Special Counsel
----------------------------------------------------------------
Harvest Sherwood Food Distributors, Inc. and its affiliates filed a
supplemental application seeking approval from the U.S. Bankruptcy
Court for the Northern District of Texas to expand the scope of
employment of Cadwalader, Wickersham & Taft LLP as special counsel.
Since the Initial Application was filed, the Debtors have requested
that Cadwalader provide additional services to represent certain of
the Debtors and their affiliates in connection with the Debtors'
claims in In re Turkey Antitrust Litigation.
Accordingly, the Debtors seek to expand the scope of Cadwalader's
representation and employment to add the Turkey Litigation to the
Existing Cadwalader Representative Matters.
The firm will be paid at these fees:
a. The fees for Cadwalader's services pursuant to the Turkey
Engagement Letter will be thirty percent (30%) of the gross sum
recovered by Cadwalader on behalf of the Debtors, by settlement or
judgment, before deduction of any costs or disbursements.
b. If the Turkey Litigation is settled, in whole or in part,
by the Debtors' receipt of anything of value other than cash,
Cadwalader shall be entitled to receive, at its option, payment in
cash of the applicable contingent percentage set forth above of (1)
the present value of any noncash consideration plus (2) any cash
received upon settlement.
c. Cadwalader agrees to pay all costs and expenses of the
Turkey Litigation and shall be entitled to obtain payment and
reimbursement of all expenses and costs incurred through the date
of each settlement or judgment from the settlement or judgment in
accordance with the following:
i. to the extent any costs or expenses are attributable
exclusively to the Debtors' action, such costs or expenses shall be
reimbursed in full from the Debtors' recovery; and
ii. to the extent any costs or expenses are common across
Cadwalader's clients in this matter, a pro rata portion of such
common costs and expenses shall be reimbursed from the Debtors'
recovery on a reasonable basis of proportionate allocation.
As disclosed in the court filings, Cadwalader, Wickersham & Taft
LLP does not represent or hold any interest adverse to the debtor
or to the estate with respect to the matter on which it is to be
employed.
The firm can be reached through:
Philip J. Iovieno, Esq.
Cadwalader, Wickersham & Taft LLP
200 Liberty Street
New York, NY 10281
Tel. (212) 504-6868
Email: philip.iovieno@cwt.com
About Harvest Sherwood Food Distributors
Harvest Sherwood Food Distributors, Inc. and its affiliates sought
relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D.
Tex. Case No. 25-80109) on May 5, 2025, listing up to $10 billion
in assets and up to $1 billion in liabilities.
The Debtors tapped Sidley Austin LLP as counsel and Epiq Corporate
Restructuring, LLC as claims, noticing, and solicitation agent.
HYPERION DEFI: Forsakringsaktiebolaget Avanza Holds 5.62 Stake
--------------------------------------------------------------
Forsakringsaktiebolaget Avanza Pension disclosed in a Schedule 13G
filed with the U.S. Securities and Exchange Commission that as of
May 9, 2025, it beneficially owns 320,536 shares of Hyperion DeFi's
common stock, par value $0.001 per share, representing 5.62% of the
outstanding shares of this class.
Forsakringsaktiebolaget Avanza Pension may be reached through:
Marie Karlsfeldt, Middle Office
Box 1399, Stockholm, 11139, Sweden
46-8562225000
A full-text copy of Forsakringsaktiebolaget's SEC report is
available at: https://tinyurl.com/3w33xkfx
About Hyperion DeFi Inc.
Hyperion DeFi, Inc. formerly known as Eyenovia, Inc., is the first
U.S. publicly listed company building a long-term strategic
treasury of Hyperliquid's native token, HYPE. The Company is
focused on providing its shareholders with simplified access to the
Hyperliquid ecosystem, one of the fastest growing, highest
revenue-generating blockchains in the world.
New York, N.Y.-based Marcum LLP, the Eyenovia's auditor since 2020,
issued a "going concern" qualification in its report dated April
15, 2025, attached to the Company's Annual Report on Form 10-K for
the year ended December 31, 2024, citing that the Company has a
significant working capital deficiency, has incurred significant
losses and needs to raise additional funds to meet its obligations
and sustain its operations. These conditions raise substantial
doubt about the Company's ability to continue as a going concern.
As of June 30, 2025, the Company had $55.66 million in total
assets, against $18.30 million in total liabilities.
IMPACT STAFFING: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of Washington
granted Impact Staffing Solutions, LLC interim approval to use cash
collateral.
The Debtor may continue using Lone Oak's cash collateral under the
existing Factoring Agreement and Addendum, in the ordinary course
of business, until a final order is entered.
As adequate protection, Lone Oak is granted new, automatically
perfected liens on the Debtor's post-petition assets to secure any
new post-petition advances.
These liens maintain the validity, priority, extent and
enforceability as Lone Oak's pre-bankruptcy liens, excluding
security interests tied to avoidance actions or recoveries under 11
U.S.C. Section 506(c), 544, 545, 547, 548, and 549.
A final hearing is scheduled for November 17.
About Impact Staffing Solutions, LLC
Impact Staffing Solutions provides workforce and employment
placement services across the Pacific Northwest, linking businesses
with qualified candidates for seasonal, temporary, temp-to-hire,
and direct-hire roles. The Company operates through five regional
offices and serves a broad range of industries. It focuses on
supporting workforce growth through integrity, transparency, and
long-term relationships
between employers and job seekers.
Impact Staffing Solutions, LLC sought protection under Chapter 11
of the U.S. Bankruptcy Code (Bankr. E.D. Was. Case No. 25-01726)
with $1,000,001 to $10 million in both assets and laibilities. The
petition was signed by Jessica Lustig as member.
Judge Hon. Frederick P Corbit oversees the case.
The Debtor is represented by:
Geoffrey Groshong
Groshong Law PLLC
Tel: 206-508-0585
Email: geoff@groshonglaw.com
INTEGRATED BUILDING: Seeks Chapter 7 Bankruptcy in Georgia
----------------------------------------------------------
Integrated Building Services Inc. filed for Chapter 7 bankruptcy in
the U.S. Bankruptcy Court for the Northern District of Georgia on
October 23, 2025. Court documents show the company holds
liabilities both estimated between $100,001 and $1,000,000, with
1–49 creditors listed in the filing.
About Integrated Building Services Inc.
Integrated Building Services, Inc. is a commercial roofing and
building-envelope contractor that specializes in installing,
replacing, and maintaining low-slope and steep-slope roofing
systems for industrial, commercial, and institutional properties.
The company delivers comprehensive roofing solutions spanning
design, production, and project completion.
Integrated Building Services Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-62302) on
October 23, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $100,001 and $1 million each.
Honorable Bankruptcy Judge Jonathan W. Jordan handles the case.
The Debtor is represented by Ian M. Falcone, Esq. of The Falcone
Law Firm, P.C
JHRG MANUFACTURING: Gets Interim OK to Use Cash Collateral
----------------------------------------------------------
JHRG Manufacturing, LLC received another extension from the U.S.
Bankruptcy Court for the Eastern District of North Carolina,
Raleigh Division, to use cash collateral to fund operations.
The court issued a third interim order authorizing the Debtor to
use cash collateral consistent with its budget, pending a further
hearing on November 18.
The Debtor's 30-day budget projects total operational expenses of
$31,336.25.
The U.S. Internal Revenue Service and WBL SPO I, LLC may assert
interests in the Debtor's cash collateral.
As adequate protection, these secured creditors will be granted
post-petition replacement liens, subject to the Debtor's right to
challenge lien validity. These replacement liens will have the same
priority as the secured creditors' pre-bankruptcy liens.
The third interim order will remain in full force and effect until
the court terminates the order for cause, including, but not
limited to, breach of its terms and conditions.
A continued hearing on the motion is scheduled for November 18.
About JHRG Manufacturing LLC
JHRG Manufacturing LLC is a North Carolina-based company that
specializes in the production of personal protective garments and
safety-related items used in industrial and recreational settings.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. N.C. Case No. 25-03211 on August 20,
2025. In the petition signed by John E. Holland,
member and manager, the Debtor disclosed up to $500,000 in assets
and up to $1 million in liabilities.
Judge David M. Warren oversees the case.
Benjamin R. Eisner, Esq., at The Law Offices of George Oliver,
PLLC, represents the Debtor as bankruptcy counsel.
WBL SPO I, LLC, as secured creditor, is represented by:
William Walt Pettit
HUTCHENS LAW FIRM LLP
6230 Fairview Road, Suite 315
Charlotte, N.C. 28210
Telephone: (704) 362-9255
Telecopier: (704) 362-9268
walt.pettit@hutchenslawfirm.com
JOSHUA CABINETRY: Section 341(a) Meeting of Creditors on Nov. 20
----------------------------------------------------------------
On October 23, 2025, Joshua Cabinetry LLC voluntarily filed a
Chapter 11 bankruptcy case in the Northern District of Georgi. The
filing shows liabilities of $1 million–$10 million, with the
number of creditors estimated between 50 and 99.
A meeting of under Section 341(a) to be held on November 20, 2025
at 03:00 PM via Telephone conference. To attend, Dial 888-330-1716
and enter access code 6960876.
About Joshua Cabinetry LLC
Joshua Cabinetry LLC, headquartered in Georgia, provides expert
cabinetry and woodworking services with a focus on customization
and craftsmanship. The firm designs and installs superior-quality
cabinets for residential and commercial projects, offering
solutions such as kitchen and bathroom cabinetry, built-in
furnishings, and other tailored wood creations.
Joshua Cabinetry LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-62270) on October 23,
2025. In its petition, the Debtor reports estimated assets up to
$100,000 and estimated liabilities between $1 million and $10
million.
The Debtor is represented by Paul Reece Marr, Esq. of Paul Reece
Marr, PC.
KAISER ALUMINUM: S&P Rates New $500MM Senior Unsecured Notes 'BB-'
------------------------------------------------------------------
S&P Global Ratings assigned its 'BB-' issue-level rating and '4'
recovery rating to Franklin, TN-based specialty aluminum products
manufacturer Kaiser Aluminum Corp.'s proposed $500 million senior
secured notes due 2034. The company will use proceeds to repay its
existing senior unsecured notes due 2028 of the same amount. The
'4' recovery rating indicates its expectation for average (30%-50%;
rounded estimate: 35%) recovery in the event of a payment default.
S&P expects to withdraw our ratings on the existing 2028 notes
following completion of this leverage-neutral refinancing
transaction. S&P's ratings are based on the preliminary terms and
conditions of the proposed issuance.
S&P said, "Our 'BB-' issuer credit rating and stable outlook on
Kaiser are unchanged. The company's rolling-12-month leverage as of
Sep 30, 2025 is 3.9x, which is in line with our expectation for the
rating. The company benefitted from higher prices and improved
product mix over the course of 2025. While the company has reduced
inventory levels, higher metal prices have resulted in increased
working capital investments leading to lower free cash flow
generation in 2025.
"We expect product mix will continue to improve as the company
brings the new rolling coat line into operation and ramps up to
full production by the end of 2025. The new line will increase the
proportion of higher-margin packaging products, which has a ready
addressable market. Demand for aerospace and high strength products
remain robust given the multiyear backlog for aircrafts in the
aviation industry. As a result, we expect some strengthening of
Kaiser's credit metrics over the next 12 months. We believe Kaiser
could likely generate $250 million-$300 million of EBITDA, free
cash flow of $40 million-$70 million, and leverage at the higher
end of the 3x-4x range in fiscal 2025. We expect stronger earnings
and free cash flow generation in fiscal 2026 as capital
expenditures revert to sustaining levels, following periods of
capital intensity involving the new roll coat line and Trentwood
expansion projects. Hence, leverage could remain below 4x in fiscal
2026, all other things equal."
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- S&P's 'BB' issue-level rating and '4' recovery rating on Kaiser
Aluminum's senior unsecured notes are unchanged. The notes comprise
the proposed $500 million senior unsecured notes due 2034 and $550
million senior unsecured notes due in 2031.
-- The '4' recovery rating indicates S&P's expectation of average
(30%-50%; rounded estimate: 35%) recovery in the event of a payment
default.
-- S&P said, "We assess recovery prospects based on a
reorganization value of approximately $801 million, reflecting
emergence EBITDA of $145.7 million and a 5.5x multiple. The $142
million emergence EBITDA incorporates our adjusted assumption for
minimum capital expenditures of 2.5% (based on historical results)
and our standard 15% cyclicality adjustment for issuers in the
metals and mining downstream sector. The 5.5x multiple is in line
with multiples we assign to other companies in the metals and
mining downstream sector."
-- S&P's simulated default scenario contemplates a substantial
deterioration in the company's operating performance in 2029
stemming from difficulties brought about by weakening demand for
aluminum, global overcapacity, and increased competition from
imports. These factors could occur due to weakening in the
company's end markets, especially auto and aerospace, leading to
declining margins.
-- S&P said, "Our recovery analysis assumes that, in a
hypothetical default scenario, Kaiser's asset-based lending (ABL)
facility would be fully covered. We assume a 60% utilization rate
for the company's $575 million ABL facility at default, which
results in about $318 million outstanding at default."
Simulated default assumptions
-- Simulated year of default: 2029
-- EBITDA at emergence: $145.7 million
-- Implied enterprise value multiple: 5.5x
-- Gross enterprise value: $801 million
Simplified waterfall
-- Net enterprise value (after 5% administrative cost): $761
million
-- Priority claims (ABL revolving facility): $334 million
-- Remaining recovery value: $427 million
-- Estimated senior unsecured notes claim: $1.074 billion.
-- Expected recovery range for senior unsecured notes: 30%-50%
(rounded estimate: 35%)
Note: All debt amounts at default include six months' accrued
prepetition interest.
KEIRAN INVESTMENTS: Gets Interim OK to Use Cash Collateral
----------------------------------------------------------
Keiran Investments, LLC got the green light from the U.S.
Bankruptcy Court for the Western District of Texas, San Antonio
Division, to use cash collateral.
The court issued an interim order authorizing the Debtor to use
cash collateral to pay post-petition operating expenses in
accordance with its budget.
As adequate protection, secured creditors including Lendistry SBLC,
LLC, Bitty Advance and Forward Financing will be granted
replacement liens on all post-petition inventory and accounts of
the Debtor.
As of the petition date, the Debtor owed Lendistry $389,150; Bitty
Advance, $110,000; and Forward Financing, $85,000. These creditors
have a blanket security interest in all of the Debtor's assets.
The Debtor confirms the pre-bankruptcy liens of the three creditors
on its inventory, accounts and equipment as being perfected
pre-bankruptcy.
The Debtor disclosed a bank balance of $36,793 and reported that
its equipment and personal property had a book value of
approximately $1,025,000. However, the Debtor had no accounts
receivable at the time of filing.
A final hearing is scheduled for November 24.
About Keiran Investments LLC
Based in San Antonio, Texas, Keiran Investments, LLC operates as an
interstate freight carrier transporting general freight across
state lines. It maintains a fleet of tractors and trailers with
authority for property transport. Its operations are primarily
focused on logistics and trucking services within the United
States.
Keiran Investments sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-52341) on
October 4, 2025. In its petition, the Debtor reported zero assets
and total debts of $1,170,431.
Honorable Bankruptcy Judge Craig A. Gargotta handles the case.
The Debtor is represented by Morris E. "Trey" White, III, Esq., at
Villa & White, LLP.
KIDSVILLE LEARNING: Court Extends Cash Collateral Access to Nov. 13
-------------------------------------------------------------------
Kidsville Learning Centers, Inc. received another extension from
the U.S. Bankruptcy Court for the Southern District of Florida,
Miami Division, to use cash collateral.
The court extended the Debtor's authority to use cash collateral
until November 13 to pay the expenses set forth in its budget,
subject to a 10% variance.
As adequate protection, secured creditor Amerant Bank, N.A. will be
granted replacement liens on post-petition cash collateral,
maintaining the same validity, extent and priority as its
pre-bankruptcy liens.
To the extent it asserts liens on the cash collateral, the Internal
Revenue Service will be granted protection under Bankruptcy Code
Sections 361 and 363, with final determinations reserved for the
next hearing.
The court did not require any adequate protection payments at this
stage but directed the Debtor to remain current on post-petition
payroll trust fund taxes.
Additionally, the court directed the Debtor to escrow $1,000
monthly for Subchapter V trustee fees.
A final hearing is scheduled for November 13.
About Kidsville Learning Centers
Kidsville Learning Centers, Inc. filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. S.D. Fla. Case No.
25-21000) on September 21, 2025, with $100,001 to $500,000 in
assets and liabilities.
Judge Laurel M. Isicoff presides over the case.
Aramis Hernandez, Esq., represents the Debtor as legal counsel.
LION RIBBON: Seeks to Extend Plan Exclusivity to Jan. 30, 2026
--------------------------------------------------------------
Lion Ribbon Texas Corp. and affiliates asked the U.S. bankruptcy
Court for the Southern District of Texas to extend their
exclusivity periods to file a plan of reorganization and obtain
acceptance thereof to Jan. 30, 2026 and March 30, 2026,
respectively.
The Debtors explain that the application of factors to the facts
and circumstances of the Chapter 11 Cases demonstrates that the
requested extension of the Exclusive Periods is both appropriate
and necessary.
First, the size and complexity of the issues attendant to these
cases warrants approval of the requested relief. In this regard,
the Debtors have over $50 million in funded debt and over 500
parties in interest in the Chapter 11 Cases. Further, the
complexities of the Chapter 11 Cases were evidenced by the numerous
Transactions and the wide variety of Estate Assets sold and to be
sold by the Debtors. Thus, the first factor is clearly satisfied.
Second, termination of the Exclusive Periods would adversely impact
the Debtors' efforts to preserve and maximize the value of their
estates and to progress the Chapter 11 Cases, as the Debtors would
potentially face the prospect of a competing plan. Such termination
would disincentivize creditors and other stakeholders from
negotiating productively with the Debtors and would undermine the
Debtors' efforts toward a consensual chapter 11 plan.
Third, the progress that the Debtors have made in the Chapter 11
Cases, which, as noted above, has included obtaining postpetition
financing through the entry of the DIP Order, selling substantially
all of the Estate Assets through the entry of six Sale Orders,
consummating each of the six Transactions, and extensively
negotiating and progressing the proposed Plan and corresponding
Disclosure Statement, evidences satisfaction of the third and
fourth factors.
Fourth, the Debtors do not seek the extension of the Exclusive
Periods as a means to exert pressure on the relevant parties in
interest. Rather, the Debtors, in consultation with the Committee
and the DIP Lender, seek the requested extension of the Exclusive
Periods out of an abundance of caution simply to ensure the
progress made to date is not upended by a potential loss of their
Exclusive Periods in the event of further delay in filing the Plan
or any unexpected delay in the Plan confirmation process.
Finally, the Debtors continue to make timely payments on their
undisputed postpetition obligations. Accordingly, the seventh
factor weighs in favor of extending the Exclusive Periods.
Counsel to the Debtors:
Caroline A. Reckler, Esq.
LATHAM & WATKINS LLP
330 North Wabash Avenue, Suite 2800
Chicago, IL 60611
Tel: (312) 876-7633
Email: caroline.reckler@lw.com
- and -
Ray C. Schrock, Esq.
Adam S. Ravin, Esq.
Randall Carl Weber-Levine, Esq.
Meghana Vunnamadala, Esq.
LATHAM & WATKINS LLP
1271 Avenue of the Americas
New York, NY 10020
Phone: (212) 906-1200
Email: ray.schrock@lw.com
adam.ravin@lw.com
randall.weber-levine@lw.com
meghana.vunnamadala@lw.com
About Lion Ribbon Texas Corp.
Lion Ribbon Texas Corp. and affiliates design, manufacture, and
distribute consumer crafting, gifting, and stationery products for
celebrations, hobbies and creative play. They operate globally,
with facilities across North America and supporting operations in
India, Hong Kong, China, the United Kingdom, and Australia. They
supply both branded and private-label products to consumers and
major corporate clients.
The Debtors sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Lead Case No. 25-90164) on July 3, 2025. In
their petitions, the Debtors reported $100 million to $500 million
in assets and liabilities on a consolidated basis.
Judge Christopher M. Lopez handles the cases.
The Debtors are represented by Caroline A. Reckler, Esq., Ray C.
Schrock, Esq., Adam S. Ravin, Esq., Randall Carl Weber-Levine,
Esq., and Meghana Vunnamadala, Esq., at Latham & Watkins, LLP. The
Debtors tapped Huron Consulting Services, LLC as investment banker
and financial advisor; Deloitte Tax, LLP as tax services provider;
Liskow & Lewis, APLC as conflicts counsel; C Street Advisory Group,
LLC as communications advisor; and Kroll Restructuring
Administration, LLC as claims, noticing and solicitation agent.
On July 22, 2025, the Office of the U.S. Trustee appointed an
official committee of unsecured creditors in these Chapter 11
cases. The committee tapped Lowenstein Sandler LLP and Orrick,
Herrington & Sutcliffe LLP as counsel.
LUMMUS TECHNOLOGY: S&P Rates New Revolving Credit Facility 'B+'
---------------------------------------------------------------
S&P Global Ratings assigned its 'B+' issue-level rating and '3'
recovery rating to Lummus Technology Holdings V LLC's proposed
revolving credit facility due 2032. The '3' recovery rating
indicates its expectation for meaningful (50%-70%; rounded
estimate: 50%) recovery in the event of a payment default.
As part of the transaction, the company plans to increase the size
of its revolver by $105 million (to $280 million), upsize its
letter of credit facility by $145 million (to $345 million), and
raise $300 million (potentially up to $450 million) from an add-on
to its existing first-lien term loan. S&P said, "We expect Lummus
will use the proceeds from the incremental debt, along with cash on
hand, to fully repay its outstanding senior unsecured notes ($460
million). All our existing ratings on Lummus, including the 'B+'
issuer credit rating and our 'B+' issue-level rating and '3'
recovery rating on the existing term loan, are unchanged."
S&P said, "We view the transaction as leverage neutral and
anticipate it will provide the company will about $13 million of
annual interest-cost savings. The increased revolver availability
will also contribute to a marginal improvement in the company's
liquidity profile. Pro forma for the transaction, we expect Lummus'
leverage metrics will remain in line with our prior forecast. We
anticipate the company will improve its debt to EBITDA toward 5x in
2025 while its funds from operations to debt remains comfortably
above 6% (our current downside trigger). Our forecast assumes the
company increases its revenue and EBITDA by the double-digit
percent area in 2025. A material improvement in its current-year
bookings also provides a clear line of sight into earnings and cash
flow generation over the next 12 months. Lummus generally receives
cash ahead of revenue recognition and generates about 65% of its
earnings in any given year from its existing backlog, thus higher
project awards and bookings in 2025 provide visibility into its
revenue and EBITDA over the next 12 months. The company has
generated strong operating performance thus far in 2025 despite the
weakness across its petrochemical end markets. However, the current
petrochemical sector downturn, characterized by overcapacity,
historically low utilization, and trough margins, could lead to the
deferral of some projects already in progress. Additionally, a
further retrenchment in capital spending by Lummus' petrochemical
customers could make it more difficult for it to replenish its
backlog.
"The stable outlook reflects our assumption that Lummus' strong
bookings and backlog will offset reduced capital expenditure
(capex) and delayed investment by the company's petrochemical
customers in 2025. We anticipate Lummus' free cash flow will remain
positive despite a slight drag from working capital, stemming from
its execution on large heater projects throughout the year. We
believe the company will primarily use its free cash flow for
bolt-on acquisitions, including to purchase technologies
complementary to its licensing portfolio, as it has over the past
few years. We forecast Lummus will end the year with excess cash
due to its minimal ongoing capex requirements. That said, we do not
net the company's cash against its debt in our leverage
calculations or assume any debt repayment, given its
financial-sponsor ownership and past dividend distributions."
Issue Ratings--Recovery Analysis
Key analytical factors
-- The borrower under the credit agreement is Lummus Technology
Holdings V LLC, with guarantees provided by the its parent, Lummus
Technology Holdings III LLC, and by each existing and future wholly
owned material domestic restricted subsidiary of the borrower.
-- S&P's simulated default scenario considers a secular decline in
demand for the company's proprietary equipment, catalysts, and
technology due to petrochemical and refining overcapacity,
increased competition, and the commercialization of new
technologies. Additionally, a steep economic recession and weak
petrochemical and refined product demand could impair the company's
licensing activity and catalyst sales, accelerating its path toward
a payment default.
-- S&P said, "We estimate a gross recovery value of $1.234
billion, assuming emergence EBITDA of $206 million and a 6x
multiple. Our estimated emergence EBITDA reflects a decline from
current EBITDA levels, which we anticipate the company could return
to through cost-cutting measures during a bankruptcy process. This
would normalize its margins, albeit at lower top-line levels. We
used a 6x multiple to reflect the economic value of the company's
intellectual property, its ability to operate and generate high
cash flow margins, and its consistent No. 1 or No. 2 market share
in key process technologies. Lummus generates over three-quarters
of its EBITDA from its domestic operations."
Simulated default assumptions
-- Year of default: 2029
-- Emergence EBITDA: $206 million
-- Implied enterprise value multiple: 6x
-- Gross recovery value: $1.234 billion
Simplified waterfall
-- Gross recovery value: $1.234 billion
--Less 5% administrative expense: $62 million
--Less 35% of equity in Chevron Lummus Global LLC joint venture
not owned by borrower: $62 million
--Total recovery for first-lien debt: $1.111 billion
-- First-lien debt outstanding at default: $2.156 billion
--Recovery expectations: 50%-70% (rounded estimate: 50%)
Note: Debt amounts include six months of accrued interest that S&P
assumes will be owed at default. Collateral value includes asset
pledges from obligors (after priority claims) plus equity pledges
in nonobligors.
LZLABS GMBH: Chapter 15 Case Summary
------------------------------------
Chapter 15 Debtor: LzLabs GmbH
Richtiarkade 16
8304
Wallisellen
Switzerland
Business Description: LzLabs GmbH, based in Wallisellen,
Switzerland, develops software
solutions focused on modernizing legacy
mainframe applications and data,
operating in the IT sector. The
Company is wholly owned by Software
Defined Solutions LLC in the United
States and has four foreign
subsidiaries: LzLabs Canada Limited,
LzLabs Australia Pty. Limited, LzLabs
Limited, and Winsopia Limited. It
provides services including mainframe
strategy validation, technology
consulting, transformation, and managed
services to enterprise clients
worldwide.
Chapter 15 Petition Date: October 24, 2025
Court: United States Bankruptcy Court
Western District of Texas
Case No.: 25-60769
Foreign Representative: LzLabs GmbH
Richtiarkade 16
8304
Wallisellen
Switzerland
Signed by: Christopher Jarke
Foreign Proceeding: District Court of Bulach in Zurich,
Switzerland, Court File No. EC250012
C/Z1
Foreign
Representative's
Counsel: Garrick C. Smith, Esq.
MUNSCH HARDT KOPF & HARR, P.C.
500 N. Akard St., Suite 4000
Dallas TX 75201
Tel: (214) 855-7500
Email: gsmith@munsch.com
Estimated Assets: Unknown
Estimated Debt: Unknown
A full-text copy of the Chapter 15 petition is available for free
on PacerMonitor at:
https://www.pacermonitor.com/view/K277FUI/LzLabs_GmbH__txwbke-25-60769__0001.0.pdf?mcid=tGE4TAMA
M + D PROPERTIES: Seeks to Hire Elkins Kalt as Bankruptcy Counsel
-----------------------------------------------------------------
M + D Properties seeks approval from the U.S. Bankruptcy Court for
the Central District of California to hire Elkins Kalt Weintraub
Reuben Gartside LLP as general bankruptcy counsel.
The firm's services include:
(a) advising the Debtor with respect to its duties, powers,
and responsibilities, in the Debtor's bankruptcy case;
(b) ensuring that the Debtor complies with the Bankruptcy
Code, the Bankruptcy Rules, and the Local Bankruptcy Rules;
(c) advising the Debtor with respect to the various options
available for resolution of the bankruptcy case, including
liquidation of the Debtor's assets, and the filing of a plan of
reorganization;
(d) preparing on behalf of the Debtor all legal documents as
may be necessary;
(e) examining and advising the Debtor on claims and causes of
action that may belong to the Debtor's estate; and
(f) performing such other legal services as may be required by
the Debtor.
The firm will be paid at these rates:
Michael I. Gottfried $795 per hour
Roye Zur $695 per hour
Lauren N. Gans $575 per hour
The firm received a retainer in the amount of $61,553.
As disclosed in the court filings, Elkins Kalt Weintraub Reuben
Gartside is a "disinterested person" within the meaning of 11
U.S.C. Sec. 101(14) and does not hold or represent any interest
adverse to the estate.
The firm can be reached through:
Michael I. Gottfried, Esq.
Roye Zur, Esq.
Lauren N. Gans, Esq.
Elkins Kalt Weintraub Reuben Gartside LLP
10345 W. Olympic Blvd.
Los Angeles, CA 90064
Tel: (310) 746-4400
Fax: (310) 746-4499
Email: mgottfried@elkinskalt.com
rzur@elkinskalt.com
lgans@elkinskalt.com
About M + D Properties
M + D Properties sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-12674) on September
22, 2025, listing between $1 million and $10 million in assets and
liabilities.
Judge Scott C. Clarkson presides over the case.
Roye Zur, Esq., at Elkins Kalt Weintraub Reuben Gartside, LLP
represents the Debtor as legal counsel.
M + D PROPERTIES: Seeks to Hire Hanley Investment Group as Broker
-----------------------------------------------------------------
M + D Properties seeks approval from the U.S. Bankruptcy Court for
the Central District of California to hire Hanley Investment Group
as real estate broker.
The firm will market and sell the Debtor's property located at 6832
Beach Boulevard, Buena Park, Ca 90621.
The broker's total commission will be 5 percent of the gross sale
price.
Hanley Investment Group is disinterested within the meaning of 11
U.S.C. Secs. 327(a) and 101(14), according to court filings.
The firm can be reached through:
Lee Csenar
Hanley Investment Group, Inc.
3500 East Coast Highway, Suite 100
Corona Del Mar, CA 92625
Tel: (949) 585-7636
About M + D Properties
M + D Properties sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-12674) on September
22, 2025, listing between $1 million and $10 million in assets and
liabilities.
Judge Scott C. Clarkson presides over the case.
Roye Zur, Esq., at Elkins Kalt Weintraub Reuben Gartside, LLP
represents the Debtor as legal counsel.
MESEARCH MEDIA: Bankr. Court Won't Hear Software Rift vs Crivella
-----------------------------------------------------------------
Judge John C. Melaragno of the United States Bankruptcy Court for
the Western District of Pennsylvania granted the motion of Crivella
Holdings Limited, Crivella Technologies Limited and Arthur R.
Crivella to dismiss the amended complaint for declaratory judgment
and preliminary and permanent injunctive relief in the adversary
proceeding captioned as MESEARCH MEDIA TECHNOLOGIES LIMITED,
Plaintiff, v. CRIVELLA HOLDINGS LIMITED, CRIVELLA TECHNOLOGIES
LIMITED, and ARTHUR R. CRIVELLA, Defendants, Adversary No.
25-2049-JCM (Bankr. W.D. Pa.) pursuant to Rules 12(b)(1) and 12
(b)(6) of the Federal Rules of Civil Procedure and Rules 7012(b)(1)
and 7012(b)(6) of the Federal Rules of Bankruptcy Procedure. The
adversary proceeding is dismissed.
Plaintiff's Complaint seeks seven Counts of relief all related to
the parties' obligations under a Software License Agreement dated
July 1, 2019 and the parties' duties relating to the License,
particularly with regard to analyzing software known to the parties
as the "Knowledge Kiosk." Counts I and II are both claims of
fraudulent misrepresentation and constructive fraud against
Defendants Arthur Crivella and Crivella Technologies, respectively,
for intentionally making false statements and omissions regarding
their work on the Knowledge Kiosk software and failing to bill for
the cost of the actual work performed which Plaintiff states
resulted in Plaintiff spending $2 million in initial investment
capital and incurring an additional $3 million in debt. Count III
is a claim for unjust enrichment against Defendants Arthur Crivella
and Crivella Technologies for retaining the invoiced payments which
Plaintiff alleges were inequitable or unjust under the
circumstances.
Count IV of the Complaint is a claim for breach of contract against
Defendant Crivella Technologies for submitting invoices to the
Debtor and receiving payment for work that was allegedly not
related to or of benefit to the debtor. Count V seeks an accounting
of the amounts invoiced by Arthur Crivella and Crivella
Technologies and further demands reimbursement for any and all
monies paid in excess for work that should have been completed at
cost. Count VI is a claim for breach of contract against Crivella
Holdings Limited for breaching the License by failing to provide
the Plaintiff with all Future Patent Related IP. Count VII is for
breach of fiduciary duty against Defendant Arthur Crivella in his
roles as former Chief Technology Officer and Chairperson of the
Debtor's board of directors.
Crivella contends the adversary proceeding should be dismissed
under Rule 12(b)(1) for lack of subject matter jurisdiction stating
the Plaintiff fails to allege in the Complaint that the claims
constitute a core proceeding and that the Complaint fails to
establish related to jurisdiction under 28 U.S.C. Sec. 157.
Crivella also seeks relief under Rule 12(b)(6) since the Complaint
fails to state a claim upon which relief may be granted.
Defendants argue the state law claims, along with the claim under
the Declaratory Judgment Act, are not related to the underlying
bankruptcy and that a determination of the parties' contractual
rights under the License has no bearing on the bankruptcy estate
since the estate has been fully administered.
Defendants argue that the Complaint fails to state a claim upon
which relief can be granted thus it should be dismissed under Rule
12(b)(6) stating that the allegations in the Complaint do not state
plausible claims for relief. They argue that the Complaint fails to
meet the heightened pleading standard for fraud and merely restates
breach of contract claims as fraud claims.
The Court agrees with Defendants' assertion that it lacks
jurisdiction to hear the Complaint. The Court finds that the
Complaint's claims do not comprise a "core" proceeding.
The Court finds that any connection of the claims in the Complaint
to implementation of the Chapter 11 plan is too attenuated to be
considered a close nexus at this post-confirmation stage. According
to Judge Melaragno, "The estate has been fully administered, and
the outcome of this adversary proceeding could not conceivably have
any effect on the administration of the bankruptcy estate."
A copy of the Court's Memorandum Opinion dated October 22, 2025, is
available at https://urlcurt.com/u?l=yPugfw from PacerMonitor.com.
About MeSearch Media Technologies
RMS Funding Company, LLC, Game Creek Holdings, LLC and Trib Total
Media, LLC filed involuntary Chapter 11 petition against MeSearch
Media Technologies Limited (Bankr. W.D. Pa. Case No. 24-21982) on
August 13, 2024. Kirk B. Burkley, Esq., at Bernstein-Burkley, P.C.
represents the petitioning creditors in MeSearch's bankruptcy
case.
Judge John C. Melaragno oversees the case.
David L. Fuchs, Esq., at Fuchs Law Office, LLC serves as the
Debtor's counsel.
MEYER BURGER: Seeks to Extend Plan Exclusivity to January 21, 2026
------------------------------------------------------------------
Meyer Burger (Holding) Corp. and its affiliated debtors asked the
U.S. Bankruptcy Court for the District of Delaware to extend their
exclusivity periods to file a plan of reorganization and obtain
acceptance thereof to January 21, 2026 and March 23, 2026,
respectively.
Based on the weighing of the relevant factors, there is more than
sufficient cause to approve the extension of the Exclusive
Periods:
* The Chapter 11 Cases have involved complex legal and factual
issues. As described in more detail in the First Day Declaration,
the Debtors commenced the Chapter 11 Cases to conduct a value
maximizing Sale Process for the benefit of their stakeholders.
Since the Petition Date, the Debtors have worked diligently to
progress the Sale Process, which culminated in the Court’s
approval of a sale of substantially all of the Debtors' assets.
* The Debtors have made substantial good faith progress in the
Chapter 11 Cases while continuing to engage in discussions and
negotiations with key creditor constituencies. The Debtors have,
among other things: (i) minimized the adverse effects caused by the
commencement of the Chapter 11 Cases on their affairs by securing
various first-day relief; (ii) obtained entry of interim and final
orders approving the DIP Facility; (iii) filed their schedules and
statements; (iv) marketed and sold substantially all of their
assets through the Sale Process, (v) obtained entry of an order
establishing certain claims bar dates, and (vi) continued
negotiations with their key stakeholders (including, most notably,
the Committee and the Debtors' secured lenders) regarding a
potential exit path from chapter 11 including, without limitation,
the potential formulation of a chapter 11 plan.
* The requested extension of the Exclusive Periods is the
first such request made in the Chapter 11 Cases and comes
approximately four months after the Petition Date. The Debtors have
expended substantial time and resources in: (i) stabilizing their
affairs, (ii) marketing and selling their assets through the Sale
Process, (iii) complying with the requirements of the Bankruptcy
Code and the Bankruptcy Rules; and (iv) otherwise administering
their estates for the benefit of their stakeholders.
* The Debtors are not seeking an extension to prejudice the
Debtors' creditor constituencies or grant the Debtors any unfair
bargaining leverage. The Debtors have no ulterior motive in seeking
an extension of the Exclusive Periods. The Debtors have been in
regular communication with their creditor constituencies on
numerous issues facing their estates, including formulation of a
path forward for the Chapter 11 Cases, and have worked diligently
in the prepetition and postpetition periods to maximize the value
of their estates.
Consistent with their fiduciary duties, the Debtors will use the
extended Exclusive Periods to continue to negotiate with all
interested parties to develop, file, and solicit a chapter 11 plan
or to reach an alternative resolution of these Chapter 11 Cases.
The Debtors substantial progress in administering these Chapter 11
Cases supports the requested extension of the Exclusive Periods.
In addition, termination of the Exclusive Periods would adversely
impact the Debtors' efforts to preserve and maximize the value of
their estates and the progress of the Chapter 11 Cases. Such
termination may disincentivize creditors from negotiating with the
Debtors, inject uncertainty into the Chapter 11 Cases, and would
undermine the Debtors' efforts to successfully conclude these
Chapter 11 Cases.
The Debtors' Counsel:
Paul N. Heath, Esq.
Brendan J. Schlauch, Esq.
Jason M. Madron, Esq.
Zachary J. Javorsky, Esq.
Nicholas A. Franchi, Esq.
RICHARDS, LAYTON & FINGER, P.A.
One Rodney Square
920 North King Street
Wilmington, Delaware 19801
Tel: 302-651-7700
Fax: 302-651-7701
E-mail: heath@rlf.com
schlauch@rlf.com
madron@rlf.com
javorsky@rlf.com
franchi@rlf.com
About Meyer Burger (Holding) Corp.
Meyer Burger (Holding) Corp. sought protection under Chapter 11 of
the Bankruptcy Code (Bankr. D. Del. Case No. 25-11217) on June 25,
2025.
At the time of the filing, Debtor had estimated assets of between
$100 million to $500 million and liabilities of between $500
million to $1 billion.
Judge Craig T. Goldblatt oversees the case.
Richards, Layton & Finger, P.A. is Debtor's legal counsel.
MISSION MEDICAL: Hires Levene Neale Bender as Bankruptcy Counsel
----------------------------------------------------------------
Mission Medical Investors LLC seeks approval from the U.S.
Bankruptcy Court for the Central District of California to hire
Levene, Neale, Bender, Yoo & Golubchik L.L.P. as its bankruptcy
counsel.
The firm's services include:
a. advising the Debtor with regard to the requirements of the
Bankruptcy Court, Bankruptcy Code, Bankruptcy Rules and the Office
of the United States Trustee as they pertain to the Debtor;
b. advising the Debtor with regard to certain rights and
remedies of its bankruptcy estate and the rights, claims, and
interests of creditors;
c. representing the Debtor in any proceeding or hearing in the
Bankruptcy Court involving its estate unless the Debtor is
represented in such proceeding or hearing by other special
counsel;
d. conducting examinations of witnesses, claimants or adverse
parties and representing the Debtor in any adversary proceeding
except to the extent that any such adversary proceeding is in an
area outside of LNBYG's expertise or which is beyond LNBYG's
staffing capabilities;
e. preparing and assisting the Debtor in the preparation of
reports, applications, pleadings and orders;
f. representing the Debtor with regard to obtaining use of
debtor-in-possession financing and/or cash collateral;
g. assisting the Debtor in any asset sale process;
h. assisting the Debtor in negotiation, formulation,
preparation and confirmation of a plan of reorganization and the
preparation and approval of a disclosure statement in respect of
the plan; and
i. performing any other services which may be appropriate in
LNBYG's representation of the Debtor during its bankruptcy case.
The firm will be paid at these hourly rates:
David Neale, Attorney $750
Ron Bender, Attorney $750
Timothy Yoo, Attorney $750
David Golubchik, Attorney $750
Eve Karasik, Attorney $750
Gary Klausner, Attorney $750
Eric Israel, Attorney $750
Brad Krasnoff, Attorney $750
Edward Wolkowitz, Attorney $750
Beth Ann Young, Attorney $750
Monica Kim, Attorney $725
Philip Gasteier, Attorney $725
John Tedford, IV, Attorney $725
Daniel Reiss, Attorney $725
Todd Frealy, Attorney $725
Kurt Ramlo, Attorney $725
Richard Steelman, Jr., Attorney $725
Juliet Oh, Attorney $725
Todd Arnold, Attorney $725
Krikor Meshefejian, Attorney $725
John-Patrick Fritz, Attorney $725
Jeffrey Kwong, Attorney $725
Joseph Rothberg, Attorney $725
Michael D'Alba, Attorney $725
Carmela Pagay, Attorney $725
Anthony Friedman, Attorney $725
Lindsey Smith, Attorney $650
Robert Carrasco, Attorney $550
Paraprofessionals $300
In addition, the firm will seek reimbursement for expenses
incurred.
The firm received a retainer of $75,000 from the Debtor.
Mr. Klausner 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 Klausner, Esq.
Levene, Neale, Bender, Yoo & Golubchik LLP
2818 La Cienega Avenue
Los Angeles, California 90034
Telephone: (310) 229-1234
Facsimile: (310) 229-1244
Email: rb@lnbyg.com
About Mission Medical Investors LLC
Mission Medical Investors LLC, based in Los Angeles, California, is
a real estate investment company focused on healthcare properties.
Its primary asset is a medical office complex at 27882 Forbes Road
in Laguna Niguel, California, which houses multiple healthcare
providers including surgery centers, urgent care clinics, and
imaging facilities. The Company generates revenue by acquiring,
managing, and leasing medical office spaces to healthcare tenants.
Mission Medical Investors LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-17926) on
September 9, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $10 million and $50 million.
The Debtor is represented by Gary E. Klausner, Esq. at LEVENE,
NEALE, BENDER, YOO & GOLUBCHIK L.L.P.
MOD JEWELRY: Court Extends Cash Collateral Access to Dec. 11
------------------------------------------------------------
Mod Jewelry Group, Inc. and Steel Horse Jewelry, Inc. received
interim approval from the U.S. Bankruptcy Court for the Southern
District of Florida to use cash collateral to fund operations.
The interim order authorized the Debtors to use cash collateral
through December 11 to pay the expenses set forth in their budget,
subject to a 10% variance per line item and overall.
As adequate protection, the U.S. Small Business Administration will
be granted replacement liens on personal property acquired by the
Debtors after their Chapter 11 filing, with the same priority and
extent as their pre-bankruptcy liens.
The replacement liens do not apply to avoidance actions and assets
not subject to SBA's pre-bankruptcy rights and are subordinate to
statutory fees owed to the Clerk of Court and the U.S. Trustee.
The next hearing is scheduled for December 11.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/6JxSH from PacerMonitor.com.
About Mod Jewelry Group Inc.
Mod Jewelry Group, Inc. operates a branded jewelry business,
specifically focused on motorcycle-themed products.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-20333-PDR) on
September 4, 2025. In the petition signed by Len D. Weiss, chief
executive officer, the Debtor disclosed up to $500,000 in assets
and up to $10 million in liabilities.
Judge Peter D. Russin oversees the case.
Jordan L. Rappaport, Esq., at Rappaport Osborne & Rappaport, PLLC,
represents the Debtor as legal counsel.
MODEL TOBACCO: Says Amended Plan Resolves Potential Disputes
------------------------------------------------------------
MK Richmond, LLC and SS Richmond LLC submitted a First Amended
Disclosure Statement with respect to First Amended Plan of
Reorganization for Model Tobacco Development Group, LLC, dated
October 20, 2025.
The Property consists of two phases. "Phase 1" consists of an
apartment and amenities building, which are connected by
underground passageways, along with exterior amenities such as a
swimming pool. "Phase 2" consists of warehouse buildings and
surrounding areas. The Debtor owns both phases.
Counsel for the Plan Proponents engaged Matthew H. Barber, MAI, to
prepare an appraisal of the Property. Mr. Barber provided his
report, dated October 18, 2025. Mr. Barber opined in his report
that the current market value of the portion of the land and
improvements presently used for apartment rental, amenities and
parking has a fair market value of $33,244,000, and that the excess
land (including areas presently occupied by vacant warehouses) has
a fair market value of $4,552,000, for a total value of
$37,796,000.
Class 5 consists of Insider Claims. No payment will be made on
account of Insider Claims, which will be discharged on the
Effective Date. Since the holders of Class 5 Claims will not
receive any distribution or retain any property on account of such
claims, Class 5 is deemed to reject the Plan.
As discussed, to resolve potential disputes, CRBT and Raika have
agreed that CRBT will agree to forbear from enforcing its guaranty
against Raika while Plan payments are being made in accordance with
the Plan, and to release its claims against Raika under his
guaranty once the Reorganized Debtor has paid the full amount of
CRBT's prepetition claim. The Plan provides that the Reorganized
Debtor will indemnify Raika in the event that it fails to make
required payments after notice and an opportunity to cure. In
consideration of these undertakings, Raika has agreed to support
the confirmation and consummation of the Plan. The terms of the
parties' undertakings are set forth in greater detail in the Plan.
On the Effective Date, all property of the Estate shall revest in
the Reorganized Debtor, subject to the Liens expressly preserved by
the Plan, and to the terms and conditions of the Plan, but
otherwise free and clear of all other liens, claims, interests and
encumbrances.
Section 5.04 of the Plan addresses the $3,000,000 Equity Infusion
and the $1,400,000 Loan Commitment by the Plan Funders.
The Plan Proponents believe that the Plan is feasible. The Plan
Projections demonstrate that upon a sale of the Property, the
Reorganized Debtor will be able to meet all financial obligations
under the Plan.
A full-text copy of the First Amended Disclosure Statement dated
October 20, 2025 is available at https://urlcurt.com/u?l=GDqz65
from PacerMonitor.com at no charge.
Counsel for the Plan Proponents:
Whiteford, Taylor & Preston, LLP
Bradford F. Englander, Esq.
Christopher A. Jones, Esq.
3190 Fairview Park Drive, Suite 800
Falls Church, Virginia 22042
Telephone: (703) 280-9081
Facsimile: (703) 280-3370
Email: benglander@whitefordlaw.com
Email: cajones@whitefordlaw.com
About Model Tobacco Development Group
Model Tobacco Development Group, LLC is engaged in activities
related to real estate.
Model Tobacco Development Group filed Chapter 11 petition (Bankr.
E.D. Va. Case No. 24-34863) on December 31, 2024, with assets
between $50 million and $100 million and liabilities between $10
million and $50 million.
Judge Brian F. Kenney oversees the case.
The Debtor is represented by:
Justin P. Fasano, Esq.
Mcnamee Hosea, P.A.
6404 Ivy Lane, Suite 820
Greenbelt, MD 20770
Tel: (301) 441-2420
Fax: (301) 982-9450
Email: jfasano@mhlawyers.com
MODIVCARE INC: Seeks to Hire Cresa LLC as Real Estate Consultant
----------------------------------------------------------------
Modivcare Inc. and affiliates seek approval from the U.S.
Bankruptcy Court for the Southern District of Texas to hire Cresa,
LLC as real estate consultant and advisor.
Cresa will provide these services:
a. provide "front end" planning for each transaction in
partnership with the Debtors, which includes (i) a strategic
analysis of specific markets, clients, customers, and employees, as
each relates to site selection strategy by the Contractor and (ii)
developing a real estate purchase and/or leasing strategy with
regard to each applicable contemplated transaction;
b. conduct property surveys;
c. conduct site visits (depending on size and scope at the
reasonable discretion of the contractor);
d. identify required tenant improvements;
e. draft and review RFPs and sending such RFPs to landlord
representatives;
f. evaluate landlord responses;
g. submit counter proposals and finalizing business terms for
lease and purchase agreements;
h. review and assist in the negotiation of lease and purchase
agreements; and
i. conduct monthly update calls.
Cresa shall be compensated as follows:
a. Limited Scope Project(s) Fee. For projects for which (1)
the leased premises is 4,000 sq. ft. or smaller, and (2) Company
provides direction to Contractor to negotiate terms for a letter of
understanding, lease extension, lease renewal, or lease expansion
(each, a "Limited Scope Project"), Contractor shall be owed a
minimum payment of $5000 from Company; provided that if Contractor
receives a market commission payment of $5000 or more, Company
shall not owe Contractor such payment, or if Contractor receives a
market commission payment of less than $5000, Company shall only
owe to Contractor the sum of $5000 minus the amount of such
received market commission payment. For the avoidance of doubt, the
term Limited Scope Project shall not include projects for which
Contractor provides a formal market survey, performs a tour of
competing sites, or drafts more than one RFP proposal or
counter-proposal.
b. Full Scope Project(s) Fee. For projects for which (1) the
leased premises is 4,000 sq. ft. or smaller, and (2) Company
provides direction to Contractor to negotiate terms for a letter of
understanding, lease, sublease, lease extension, lease renewal or
lease expansion, which includes a formal market survey, a tour of
competing sites, drafting multiple RFPs, proposals and
counter-proposals (each, a "Full Scope Project"), Contractor shall
be owed a minimum payment of $8000 from Company; provided that if
Contractor receives a market commission payment of $8000 or more,
Company shall not owe Contractor such payment, or if Contractor
receives a market commission payment of less than $8000, Company
shall only owe to Contractor the sum of $8000 minus the amount of
such received market commission payment.
c. Disposition Project(s) Fee. For services provided in
negotiating a lease buyout or lease termination that is affected
not in accordance with the terms of such lease or a sublease,
Company shall pay Contractor an amount equal to 8% of the Savings
generated through termination or buy out negotiations. The term
"Savings", as used herein, means (i) the base rent obligation,
including operating expenses, owed under the remaining term of the
lease as of the date of such termination or buy out minus (ii) the
amount paid by Company to terminate or buy out such lease or
sublease. For other real estate brokerage services associated with
subleasing or selling real estate on behalf of Company, Contractor
and Company agree to enter into a separate agreement for those
services.
d. Pulled Projects Fee(s). For any project that is
discontinued or pulled for any reason, Company shall owe Contractor
a portion of a minimum $5000 fee based on the following levels of
completion by Contractor:
Percentage of Completion Levels:
Proposals Solicited 25%
In Negotiation 50%
LOU Signed 75%
Lease/Amendment/Sublease drafted 100%
e. Other Projects Fee(s). For all other real estate projects
and the performance of all other Services associated therewith for
premises with over 4000 sq. ft. ("Other Projects"), Contractor will
be paid a commission equal to or greater than four percent (4%) of
the total base rent obligation, including operating expenses and
taxes, of the transaction. Contractor shall request that said
commission shall be paid by a third-party landlord, property owner
or seller. In the event Contractor is not paid a commission by a
third-party landlord, property owner or seller in connection with
any Other Projects, Company shall owe Contractor a payment not less
than four percent (4%) of the total base rent obligation, including
operating expenses and taxes, of the transaction. In the event
Contractor is paid a commission less than four percent (4%) of the
total base rent obligation, including operating expenses and taxes,
by a third-party landlord, property owner or seller, Company shall
owe to Contractor the sum of the four percent commission minus the
amount paid by the third-party landlord, property owner or seller
for such Other Projects.
f. Project Management Fee(s). Project management fees shall be
$2.00 to $3.50/RSF.
g. Travel Expenses. In connection with the performance of the
Services (including, but not limited to Limited Scope Projects,
Full Scope Projects, Disposition Projects, Project Management,
Other Projects, and Consulting), Company shall reimburse Contractor
for its reasonable transportation, airfare, lodging, taxis, rental
cars and meal expenses.
h. Consulting Fees. For all consulting services, Contractor
shall not charge Company for projects requested by Company
requiring less than five (5) hours of billed labor per project. In
the event Company requests large scale/scope projects requiring
significant time (over 5 hours billed labor per project),
Contractor shall provide a cost estimate to Company for Company's
review and approval.
i. Fair Market Value Reports ("FMV") Fee(s). Contractor shall
order, review, submit to Company and pay for all FMV reports from
an independent Company approved contractor. Company shall reimburse
Contractor for all FMV report fees related to projects, with no
mark-up of such costs by Contractor.
Cresa is a "disinterested person" as that term is defined in
section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached through:
Rick Door
Cresa Global, Inc.
1512 Larimer St., Suite 100
Denver, Co 80202
Tel: (303) 228-0800
About Modivcare Inc.
ModivCare Inc. is a technology-enabled healthcare services company
that provides a suite of integrated supportive care solutions for
public and private payors and their members.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-90309) on August 20,
2025. In the petition signed by Chad J. Shandler, chief
transformation officer, the Debtor disclosed up to $10 billion in
both assets and liabilities.
Judge Alfredo R. Perez oversees the case.
Timothy A. Davidson II, Esq., at Hunton Andrews Kurth LLP,
represents the Debtor as legal counsel.
MONTANA VILLAGE: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------
The U.S. Bankruptcy Court for the District of Colorado granted
Montana Village Developers, LLC interim approval to use cash
collateral.
The interim order authorized the Debtor to use cash collateral
through the final hearing to pay the expenses set forth in its
budget and any fees owed to the U.S. Trustee, with a 15%
flexibility for each expense line item.
Secured creditors will be granted replacement liens on the Debtor's
post-petition accounts receivable as adequate protection in case of
any diminution in the value of their cash collateral.
Additionally, the Debtor was ordered to maintain insurance, pay
post-petition taxes, preserve collateral, and provide regular
financial reports.
The court scheduled a final hearing for November 12.
RE III Debt I, LLC and Indicate Capital REIT, LLC are the secured
creditors identified by the Debtor, which may have a secured lien
on funds and revenues that constitute cash collateral.
As of the petition date, the Debtor had no accounts receivable and
held cash on hand and in bank accounts totaling $1.83.
About Montana Village Developers LLC
Based in Denver, Colorado, Montana Village Developers, LLC is a
real estate development company focused on a single property,
qualifying it as a single-asset real estate entity under 11 U.S.C.
Section 101(51B). It is managed by Nathan Adams through its sole
equity holder, redtCapital Partners, LLC.
Montana Village Developers filed its voluntary petition for Chapter
11 protection (Bankr. D. Colo. Case No. 25-16406) on October 1,
2025, listing between $10 million and $50 million in both assets
and liabilities. The petition was signed by Nathan Adams in his
capacity as manager of redtCapital Partners, LLC, the Debtor's
managing member.
Judge Joseph G Rosania Jr. oversees the case.
Wadsworth Garber Warner Conrardy, P.C. serves as the Debtor's legal
counsel.
MOUNTAIN SPORTS: Plan Exclusivity Period Extended to October 28
---------------------------------------------------------------
Judge Mary F. Walrath of the U.S. Bankruptcy Court for the District
of Delaware extended Mountain Sports, LLC and its affiliates'
exclusive periods to file a plan of reorganization and obtain
acceptance thereof to October 28 and December 29, 2025,
respectively.
As shared by Troubled Company Reporter, the Debtors explain that
extension of the Exclusive Periods is justified by the good faith
progress the Debtors and the Committee are making toward
liquidating and collecting any remaining assets of the estates;
reviewing filed and scheduled claims, reconciling and objecting
thereto where appropriate; calculating liquidation analyses; and
formulating the basis of a viable plan in these cases. In
particular, the Debtors are presently negotiating the settlement of
certain claims and actively working towards investigating the
validity of certain claims.
Additionally, the Debtors and the Committee are working together to
identify certain assets that need to be monetized and collected by
the Estates. Further, the Debtors and Committee have agreed as to
the parameters of, and are drafting, the joint plan to be submitted
to the Court. The Debtors assert that there is sufficient "cause"
for an extension of the Exclusive Periods.
The Debtors claim that the extension of the Exclusive Periods will
afford the companies, Committee, and all other parties in interest
an opportunity to fully develop the grounds upon which a plan can
be based following the payment in full of PNC. Terminating the
Exclusive Periods prematurely would defeat the very purpose of
section 1121 of the Bankruptcy Code, to afford the Debtors a
meaningful and reasonable opportunity to negotiate with creditors
and propose and confirm a consensual plan.
Accordingly, the Debtors should be afforded a full and fair
opportunity to propose, negotiate, and seek acceptance of a chapter
11 plan. The Debtors submit that the requested extension is
realistic and necessary, will not prejudice the legitimate
interests of creditors and other parties in interest, and will
afford it a meaningful opportunity to pursue a consensual plan, all
as contemplated by chapter 11 of the Bankruptcy Code.
Counsel for the Debtors:
GOLDSTEIN & MCCLINTOCK LLLP
Maria Aprile Sawczuk, Esq.
501 Silverside Road, Suite 65
Wilmington, DE 19809
Telephone: (302) 444-6710
Email: marias@goldmclaw.com
- and -
Matthew E. McClintock, Esq.
William Thomas, Esq.
111 W. Washington Street, Suite 1221
Chicago, IL 60602
Telephone: (312) 337-7700
Email: mattm@goldmclaw.com
willt@goldmclaw.com
About Mountain Sports
Mountain Sports LLC, doing business as Bob's Stores, Eastern
Mountain Sports, EMS, and Sport Chalet, is a sporting goods, hobby
and musical instrument retailer.
Mountain Sports LLC and its affiliates sought relief under Chapter
11 of the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case No.
24-11385) on June 18, 2024. In the petitions filed by David Barton,
authorized representative, Mountain Sports disclosed between $10
million and $50 million in both assets and liabilities.
Judge Mary F. Walrath oversees the cases.
The Debtors tapped Goldstein & McClintock LLLP as counsel, and
Silverman Consulting as financial advisor.
The Office of the United States Trustee for the District of
Delaware appointed an official committee of unsecured creditors.
The committee tapped Lowenstein Sandler, LLP as bankruptcy counsel
and Morris James LLP as Delaware counsel.
MULTICHAIN FOUNDATION: Chapter 15 Case Summary
----------------------------------------------
Chapter 15 Debtor: Multichain Foundation Ltd.
12 Marina View, #15-01
Asia Square Tower 2
018961
Singapore
Business Description: Multichain Pte. Ltd. operated a software
protocol that enabled cross-chain
bridging, allowing users to transfer
digital assets between different
blockchain networks by depositing tokens
on one chain and receiving equivalent
tokens on another. The platform
supported assets such as USDC, a
stablecoin issued by Circle,
facilitating cross-chain transfers like
USDC on Ethereum to Multi-USDC on the
Fantom network. The Company suffered a
major hack in July 2023 in which
millions worth of digital assets were
stolen, and it is now undergoing
liquidation under court-appointed
liquidators in Singapore.
Chapter 15 Petition Date: October 23, 2025
Court: United States Bankruptcy Court
Southern District of New York
Case No.: 25-12340
Judge: Hon. David S Jones
Foreign Representatives: Bob Yap Cheng Ghee, Toh Ai Ling, and Tan
Yen Chiaw
12 Marina View, #15-01
Asia Square Tower 2
018961
Singapore
Foreign Proceeding: Gen. Div. of High Ct. of the Republic of
Singapore, Case No.: HC/CWU 134/2025
Foreign
Representatives'
Counsel: Joel H. Levitin, Esq.
CAHILL GORDON & REINDEL LLP
32 Old Slip
New York, New York 10005
Tel: (212) 701-3770
Email: jlevitin@cahill.com
Estimated Assets: Unknown
Estimated Debt: Unknown
A full-text copy of the Chapter 15 petition is available for free
on PacerMonitor at:
https://www.pacermonitor.com/view/LVLNU2A/Multichain_Foundation_Ltd_and__nysbke-25-12340__0001.0.pdf?mcid=tGE4TAMA
NAVIDEA BIOPHARMACEUTICALS: Taps Epiq as Administrative Advisor
---------------------------------------------------------------
Navidea Biopharmaceuticals Inc. seeks approval from U.S. Bankruptcy
Court for the District of Delaware to hire Epiq Corporate
Restructuring, LLC as administrative advisor.
Epiq will provide these services:
(a) assist with solicitation, balloting, tabulation, and
calculation of votes, and prepare reports as required in
furtherance of plan confirmation, and process document requests
from parties in interest;
(b) generate an official ballot certification and, if necessary,
testify in support of ballot tabulation results;
(c) assist with the preparation of the Debtors' schedules of
assets and liabilities and statements of financial affairs and
gather related data;
(d) provide a confidential data room, if requested;
(e) manage and coordinate any distributions pursuant to a
Chapter 11 plan; and
(f) provide other processing, solicitation, balloting, and
administrative services as may be requested by the Debtors, the
Court, or the Office of the Clerk of the Bankruptcy Court.
Epiq's hourly rates range from $55 to $195, depending on the level
of personnel. The Debtors provided Epiq with a $7,500 retainer.
Epiq Corporate Restructuring, LLC is a "disinterested person"
within the meaning of Section 101(14) of the Bankruptcy Code,
according to court filings.
The firm can be reached at:
Kathryn Mailloux
EPIQ CORPORATE RESTRUCTURING, LLC
777 Third Avenue, 12th Fl.
New York, NY 10017
About Navidea Biopharmaceuticals Inc.
Navidea Biopharmaceuticals Inc. develops precision immunodiagnostic
agents and immunotherapeutics, focusing on identifying disease
sites and pathways to improve diagnostic accuracy, clinical
decision-making, and targeted treatment. The Company's products are
based on its Manocept platform, which targets the CD206 mannose
receptor on activated macrophages, and includes Tc99m tilmanocept,a
commercially developed diagnostic agent. Navidea operates in the
United States and engages in global partnering and
commercialization efforts within the biopharmaceutical and
diagnostic instruments sectors.
Navidea Biopharmaceuticals Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Case No.
25-11779) on October 1, 2025. In its petition, the Debtor reports
total assets as of August 31, 2025 amounting to $1,202,555 and
total liabilities as of August 31, 2025 of $12,874,821.
Honorable Bankruptcy Judge J Kate Stickles handles the case.
The Debtor is represented by Joseph C. Barsalona II, Esq. of
PASHMAN STEIN WALDER HAYDEN, P.C. PIQ CORPORATE RESTRUCTURING, LLC
is the Debtor's Claims & Noticing Agent.
NEW NORMAL: Seeks to Hire Nuti Hart LLP as Bankruptcy Counsel
-------------------------------------------------------------
New Normal Industries, LLC and New Normal Brewing LLC seek approval
from the U.S. Bankruptcy Court for the Northern District of
California to hire Nuti Hart LLP as general bankruptcy counsel.
The firm will render these services:
a. advise the Debtors with respect to the powers and duties as
debtors-in-possession and execution of its plan
b. analyze and recovery of assets of the Debtors' estates;
c. analyze and/or prosecution of actions arising under Chapter
5 of Title 11;
d. prosecute and/or defend any other litigation or contested
matters that may arise in the course of the case;
e. prepare, on behalf of the Debtors, any necessary
applications, motions, objections, answers, orders, reports, and
other legal papers related to the foregoing duties;
f. appear in Court on behalf of the Debtors and to protect the
interests of the estate in connection with the foregoing duties;
and
g. perform all the legal services for the Debtors that may be
necessary and proper in furtherance of the foregoing duties.
The firm's current hourly rates are:
Gregory C. Nuti $575
Kevin W. Coleman $575
Christopher H. Hart $575
As disclosed in the court filings, Nuti Hart LLP is a disinterested
person within the meaning of Bankruptcy Code Sections 101(14) and
327.
The firm can be reached through:
Chistopher H. Hart, Esq.
Nuti Hart, LLP
411 30th Street, Suite 408
Oakland, CA 94609-3311
Telephone: (510) 506-7152
Email: chart@nutihart.com
About New Normal Brewing
New Normal Brewing LLC, doing business as Temescal Brewing, is an
Oakland-based brewery.
New Normal Brewing sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Calif. Case No. 25-41895) on October
9, 2025. In its petition, the Debtor reported estimated assets
between $50,001 and $100,000 and estimated liabilities between
$500,001 and $1 million.
The Debtor is represented by Christopher Hart, Esq., at Nuti Hart,
LLP.
NYC ALPHA: Lender Seeks to Prohibit Cash Collateral Access
----------------------------------------------------------
F Street Investments, LLC asks the U.S. Bankruptcy Court for the
Eastern District of Wisconsin to prohibit NYC Alpha Champions
Construction, LLC from using certain income generated from rental
properties it owns.
Specifically, F Street seeks to bar the Debtor from using any cash
collateral including rental and Airbnb income derived from two
residential investment properties located at 1949 S. 19th Street
and 4576 N. 38th Street, both in Milwaukee, Wisconsin.
F Street asserts that it holds a first-position mortgage on both
properties and that this income constitutes its cash collateral
under the applicable loan agreements and relevant sections of the
Bankruptcy Code.
F Street's rights are secured by a series of binding loan
documents, including Commercial Notes, Mortgages, Security
Agreements, Assignments of Leases and Rents, and Fixture Filings.
These documents show that F Street's position is legally and
contractually protected. Additionally, Maximillian Font, the
Debtor's principal, personally guaranteed the loans and signed
certifications declaring that the properties would be used solely
for investment purposes and not as a residence for himself or
affiliates.
The Debtor defaulted on its obligations under the loan, prompting F
Street to file a foreclosure action in February 2024. That case
resulted in a foreclosure judgment entered in April in the amount
of $221,729. Despite the judgment, the Debtor continued to operate
the properties as income-generating assets. A financial statement
filed on October 3 indicates the Debtor received $10,803 in rental
and Airbnb income in September alone.
F Street argues that the Debtor is unlawfully using cash collateral
without either its consent or court authorization, as required
under 11 U.S.C. section 363(c)(2). Further, Section 363(c)(4)
mandates that such collateral be segregated and properly accounted
for, which F Street claims has not occurred. Notably, the Debtor
has neither sought permission to use the funds nor contacted F
Street's legal counsel regarding the matter.
As a result, F Street asks the court to issue an order prohibiting
any further use of the income from the two properties unless and
until court authorization is obtained.
A copy of the motion is available at https://urlcurt.com/u?l=zX32Or
from PacerMonitor.com.
About NYC Alpha Champions Construction
NYC Alpha Champions Construction, LLC sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. E.D. Wis. Case No.
25-25467) on September 28, 2025, with $100,001 to $500,000 in
assets and liabilities.
Judge Katherine M. Perhach presides over the case.
Jude Witkowski, Esq. at Seifert & Associates LLC represents the
Debtor as legal counsel.
F Street Investments, LLC, as lender, is represented by:
Beth M. Brockmeyer, Esq.
Daniel J. Habeck, Esq.
Cramer Multhauf, LLP
P.O. Box 558
Waukesha, WI 53187
Tel: (262) 542-4278
bb@cmlawgroup.com
djh@cmlawgroup.com
OFFSHORE SAILING: To Sell Life Changer Sailboat to Sail Caribbean
-----------------------------------------------------------------
Offshore Sailing School Ltd. Inc. seeks approval from the U.S.
Bankruptcy Court for the District of Florida, Ft. Myers Division,
to sell Property, free and clear of liens, claims, interests, and
encumbrances.
The Debtor is a Florida limited liability company which previously
owned and operated a sailing school. The School is no longer
operating, and the Debtor has filed a liquidating plan. The Debtor,
who's aggregate noncontingent liquidated debts (excluding debts
owed to insiders or affiliates) are less than $3,424,000.00 and
which has chosen to proceed under Subchapter V of Chapter 11 of the
Bankruptcy Code.
In order to fund the Debtor's liquidating plan, the Debtor intends
to liquidate the Debtor's assets, which consist in large of
sailboats, including a 2017 Colgate 26 Sailboat, Life Changer, with
a British Virgin Islands official number 75290 (Life Changer).
The Debtor has entered into a certain Agreement for Sale of
Sailboat with Sail Caribbean for sale and purchase of the Life
Changer, in the purchase price of $25,000.00.
The Agreement provides for payment of the Purchase Price in cash or
immediately available funds at closing.
The Property is unencumbered.
The Debtor believes that the sale of Life Changer as set forth
herein is fair and reasonable. In the business judgment of the
Debtor and for the reasons set forth above, it is unlikely that a
significantly higher Purchase Price for the Debtor would be
achieved through further marketing, and any potential increase in
the sale price would be likely exceeded by the additional costs
associated with housing, maintaining and insuring Life Changer
during such additional marketing period.
The Purchase Price is sufficient to pay any unforeseen claims
against Life Changer.
The Debtor proposes that after payment of governmental charges or
taxes associated with the sale (if any) to hold the net proceeds
from the sale in the Special Account for eventual distribution to
the Debtor’s creditors pursuant to a confirmed liquidating plan.
About Offshore Sailing School
Offshore Sailing School Ltd. Inc. is a provider of sailing and
powerboating instruction in the U.S., offering certification
courses in cruising, passage making, and racing. It also conducts
team-building sailing activities and organizes flotilla vacations
for certified sailors. With over 60 years of experience, the school
operates in Florida and the British Virgin Islands under the
leadership of Steve and Doris Colgate.
Offshore Sailing School Ltd. Inc. sought relief under Subchapter V
of Chapter 11 of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case
No. 25-00921) on May 21, 2025. In its petition, the Debtor reports
total assets as of Feb. 28, 2025 amounting to $611,760 and total
liabilities as of Feb. 28, 2025 totaling $2,277,797.
The Debtor is represented by Leon Williamson, Esq. at Williamson
Law Firm.
ORIGINAL MOWBRAY'S: Gets Final OK to Use Cash Collateral
--------------------------------------------------------
The Original Mowbray's Tree Service, Inc. received final approval
from the U.S. Bankruptcy Court for the Central District of
California, Santa Ana Division, to use cash collateral to fund
operations.
The final order authorized the Debtor to use cash collateral from
October 18 until February 27, 2026, in line with its budget and
pursuant to the terms of prior stipulations on cash collateral use,
which remain in effect.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/0BQQI from PacerMonitor.com.
The only creditor with a lien on the Debtor's cash is PNC Bank,
which holds a secured revolving line of credit of up to $20 million
and $5 million in letters of credit, with a pre-bankruptcy balance
of approximately $7 million. PNC's loan is guaranteed by Robin
Mowbray and Mowbray Waterman Property, LLC, and secured by
additional real property.
The Debtor and PNC have previously entered into three stipulations
allowing for cash collateral use on agreed terms, all approved by
the court.
About The Original Mowbray's Tree Service
Original Mowbray's Tree Service Inc., doing business as Mowbray's
Tree Service, is a family owned and operated business committed to
providing its client-partners with solution to their vegetation
management needs. It offers hazard tree mitigation, integrated
vegetation management, mechanized tree removal, emergency response,
crane services, and green waste & debris management.
Original Mowbray's Tree Service sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. C.D. Calif. Case No. 24-12674) on
Oct. 18, 2024, with $10 million to $50 million in both assets and
liabilities. Brian Weiss, chief restructuring officer, signed the
petition.
Judge Theodor Albert oversees the case.
Robert S. Marticello, Esq., at Raines Feldman Littrell, LLP is the
Debtor's legal counsel.
PNC Bank, N.A., as secured creditor, is represented by:
Michael B. Lubic, Esq.
K&L Gates, LLP
10100 Santa Monica Blvd., 8th Floor
Los Angeles, CA 90067
+1.310.552.5000
michael.lubic@klgates.com
PALMAS ATHLETIC: Hires Aquino de Cordova LLC as Consultant
----------------------------------------------------------
Palmas Athletic Club, Corp. seeks approval from the U.S. Bankruptcy
Court for the District of Puerto Rico to employ Aquino, de Cordova,
LLC, as consultant.
The firm will provide consultation for the evaluation of internal
controls and development of operational manuals related to the
policies and procedures for the administration of funds.
The firm will be paid at these discounted hourly rates:
Partner $200
Manager $165
Senior Associate $100
Assistant $75
Eduardo Gonzalez Green, a certified public accountant employed with
Aquino, disclosed in a court filing that the firm is a
"disinterested person" as defined in section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Eduardo Gonzalez Green, CPA
Aquino, De Cordova, LLP
Cecilia's Place Suite C-1
#7 Rosa Street
Carolina, PR
Phone: (787) 253-9595
About Palmas Athletic Club Corp.
Palmas Athletic Club Corp. owns and operates a 420-acre
recreational property within Palmas Del Mar Resort in Humacao,
Puerto Rico. The site includes two 18-hole golf courses, a
22,200-square-foot clubhouse, a 5,600-square-foot beach clubhouse,
and related facilities.
Palmas Athletic Club Corp. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D.P.R. Case No. 25-03489) on August 4,
2025. In its petition, the Debtor reports total assets of
$16,793,944 and total liabilities of $36,514,983.
The Debtor tapped Charles A. Cuprill Hernandez, Esq., at Charles A.
Cuprill, PSC, Law Offices and CPA Luis R. Carrasquillo & Co., PSC
as financial consultant.
PARIS312 LLC: Gets Interim OK to Use Cash Collateral Until Nov. 20
------------------------------------------------------------------
Paris312, LLC received interim approval from the U.S. Bankruptcy
Court for the Northern District of Illinois, Eastern Division, to
use cash collateral to fund operations.
The court's interim order authorized the Debtor to utilize cash
collateral through November 20 in accordance with its budget, plus
10% set forth on its budget or as agreed with secured creditors.
As adequate protection, the secured creditors including
WebBank/Shopify, Spartan Business Solutions, LLC and the U.S. Small
Business Administration will be granted post-petition replacement
liens, maintaining the same priority as their pre-bankruptcy
liens.
The next hearing is set for November 19.
The Debtor's assets consist of cash deposits, equipment, office
furniture and furnishings, and general intangibles, with a market
value of$18,429.08. All proceeds of the collateral including cash
and cash equivalents constitute cash collateral.
The Debtor's records reflect that the SBA, WebBank and Spartan are
currently owed $500,000, $137,625.03 and $38,200, respectively.
These creditors assert a security interest in the collateral by
virtue of a UCC financing statement filed with the Illinois
Secretary of State.
About Paris312 LLC
Paris312, LLC operates an online and brick and mortar party store
in Chicago offering décor and gift deliveries for every occasion.
Paris312 sought protection under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. N.D. Ill. Case No. 25-15872) on October 15, 2025,
listing between $50,001 and $100,000 in assets and between $1
million and $10 million in liabilities. The petition was signed by
Alireza Shahanaghi as managing member.
The Debtor is represented by:
Gregory K. Stern, Esq.
Gregory K. Stern, P.C.
Tel: 312-427-1558
Email: greg@gregstern.com
PING IDENTITY:S&P Assigns 'B' Issuer Credit Rating; Outlook Stable
------------------------------------------------------------------
S&P Global Ratings assigned its 'B' issuer credit rating to Ping
Identity Corp. as well as a 'B' issue-level rating to the new
first-lien credit facilities, with a '3' recovery rating (rounded
estimate: 55%).
The stable outlook reflects S&P's views that Ping will continue to
grow by low- to mid-teen percentages as demand for comprehensive
IAM solutions continues to grow and that the company will be able
to generate more than $100 million free cash flow over the next
12-24 months.
Ping Identity Corp., an identity and access management (IAM)
software provider for enterprise customers, is planning to raise a
new $200 million revolver credit facility and a $1.8 billion
first-lien term loan to refinance its existing private credit
facilities and pay a dividend.
S&P said, "We expect Ping will benefit from continued secular
tailwinds in the IAM market. This supports our stable outlook and
belief that the company will be able to deleverage over the coming
years. The increasing complexity of hybrid work environments, the
proliferation of cloud applications, and heightened cybersecurity
threats are fundamentally reshaping how organizations approach
identity management. These trends are driving demand for
sophisticated IAM solutions that go beyond traditional
username/password authentication and human identities. We believe
Ping--with its focus on cloud-native, adaptive, and intelligent IAM
capabilities--is well-positioned to capitalize on this evolving
landscape. Historically, Ping has demonstrated a consistent ability
to adapt to market shifts, as evidenced by its early adoption of
multi-factor authentication and its expansion into cloud-based
identity platforms and the customer identity market. We believe the
company's strong customer relationships, particularly within the
large enterprise segment, provide a degree of stickiness and
recurring revenue that mitigates some of the inherent cyclicality
often associated with technology spending."
Furthermore, the company's focus on developer-centric solutions and
open standards enhances its appeal and integration capabilities,
allowing it to seamlessly integrate with existing IT
infrastructures. Competition in the IAM market remains intense,
with established players and emerging startups vying for market
share. However, Ping's differentiated technology--coupled with its
wide range of use cases, including customers, workforces, partners,
and non-humans (machines, devices, AI agents)--continues to support
its competitiveness. Specifically, it positions the company well as
the use of nonhuman identities proliferates and enterprises favor
vendors with capabilities for hybrid deployment models (on-premise
or Saas) and the ability to consolidate various product
capabilities on a single platform.
S&P said, "Our projections incorporate an ARR (annual recurring
revenue) growth rate of high-teen percentage in 2025, moderating to
low- to mid- teen percentage in 2026. This reflects our expectation
that Ping will continue to capture a significant portion of the
expanding IAM market, albeit at a decelerating pace as competition
intensifies and macroeconomic uncertainties persist. We anticipate
continued investment in research and development and opportunistic
tuck-in acquisitions will help Ping to maintain its technological
edge and address emerging threats, which will be factored into our
ongoing assessment of the company's financial performance and
credit profile.
"We expect S&P Global Ratings- adjusted EBITDA margin expansion and
improving free cash flow (FCF) generation as
acquisition/integration-related expenses significantly subside in
2026 and onwards. Ping has historically pursued inorganic growth
through acquisitions, which--while expanding its product portfolio
and market reach--has resulted in integration costs and temporary
margin pressure. The most recent significant transactions include
the take-private transaction by Thoma Bravo in 2022 and the
subsequent acquisition of ForgeRock Inc. in 2023. Our base case
assumes these integration headwinds will diminish considerably as
ForgeRock is fully integrated and synergies are realized.
Specifically, Ping's (and ForgeRock's) employees are entitled to
cash settlements based on stock compensation awarded before Thoma
Bravo acquired and combined the two companies. S&P Global Ratings
treats restricted stock unit (RSU) cash outlays as an operating
expense that would burden adjusted EBITDA.
"We project S&P Global Ratings-adjusted EBITDA margin of about
nearly 25% in 2025 (25%+ excluding the RSU payments), increasing to
mid- to high-20% in 2026 (nearly 30% excluding RSU payments). This
includes our adjustment to treat capitalized software development
as an operating expense. This margin expansion is predicated on
factors such as continued growing scale, improving operational
efficiencies, and a shift toward higher-margin cloud-based
subscription revenue."
Historically, Ping's S&P Global Ratings-adjusted EBITDA margin has
fluctuated, reflecting the impact of acquisitions and investments.
However, management has demonstrated a commitment to improving
profitability through cost-optimization initiatives and a focus on
recurring revenue streams. S&P anticipates a significant
improvement in FCF generation to over $100 million over the next
12-24 months. This improvement will be driven by both margin
expansion and working-capital efficiencies (including the benefits
from upfront cash collection when customers sign up for multi-year
contracts).
Ping's post-transaction S&P Global Ratings-adjusted leverage will
be high at 10x, but S&P believes it will be able to deleverage
rapidly. With the proposed transaction of raising new debt to
refinance the existing private credit facilities and shareholder
returns, initial pro forma leverage ratio will be high. However, it
expects Ping's leverage will improve materially to 8.7x (7.6x
excluding RSU payments) by the end of 2025 and 6.6x (6.3x) in 2026,
driven by continued EBITDA expansions and improving FCF
generation.
This deleveraging trajectory is contingent on the company achieving
its projected financial performance and maintaining disciplined
capital spending. S&P said, "With close to $500 million in total
liquidity at transaction close (about $300 million in cash and
fully undrawn RCF at close), we believe Ping will maintain a
healthy amount of liquidity to support its growth initiatives,
execute potential tuck-in acquisitions, and service debt payments
over the next 12-24 months. We will continue to monitor the
company's ability to execute its deleveraging plan and navigate the
competitive landscape, and any significant deviation from our
projections could lead to a rating action."
S&P said, "The stable outlook reflects our view that Ping will
continue to grow its scale and meaningfully expand its EBITDA
margins over the next 12 months as various
acquisition/integration-related expenses (including the
cash-settled RSU) roll off and synergies are realized. We expect
the company will continue to grow by at least low-teen percentage
and be able to generate FCF of more than $100 million over the next
12-24 months."
S&P could lower its rating on Ping if:
-- Its performance is worse than expected because of economic
downturns or increasing competitive pressure;
-- Business execution or acquisition integration missteps lead to
lower retention and profitability deterioration such that S&P
believes the FOCF-to-debt ratio is trending to 1%-3% on a sustained
basis; or
-- It pursues significant debt-financed acquisitions or increased
shareholder returns that cause its S&P Global Ratings--adjusted
leverage to exceed 7x for an extended period.
S&P could raise the rating on Ping if:
-- Its credit metrics improve such that its S&P Global
Ratings-adjusted leverage is sustained below 5x and the
FOCF-to-debt ratio is above 8%-10%; and
-- Its financial sponsor commits to a financial policy of
maintaining the credit metrics listed above.
POTTSVILLE OPERATIONS: Care Pavilion Unsec. Will Get 13.4% to 20.3%
-------------------------------------------------------------------
The Official Committee of Unsecured Creditors filed with the U.S.
Bankruptcy Court for the Western District of Pennsylvania a First
Amended Plan of Liquidation for Pottsville Operations, LLC and
affiliates dated October 20, 2025.
The Creditors' Committee can make no assurances that the requisite
acceptances to the Plan will be received, and the Creditors'
Committee may need to obtain acceptances to an alternative plan of
liquidation for the Debtors, or otherwise, that may not have the
support of the Creditors and/or may be required to liquidate the
Estates under chapter 7 of the Bankruptcy Code.
For the avoidance of doubt, the deemed consolidation of this Plan
shall not (other than solely for the purposes stated in this Plan)
affect the legal and corporate structures of the Debtors,
including, without limitation, the title to the Care Pavilion
Liquidating Trust Assets, Pottsville Liquidating Trust Assets or
the obligors on Claims.
Treatment of Pottsville General Unsecured Claim and Care Pavilion
General Unsecured Claim, including Rejection Damages Claim (Class
5P and Class 5CP): On, or as soon as reasonably practicable after,
the Effective Date, except to the extent such Holder and the
Liquidating Trustee agree to a less favorable treatment, each
Holder of an Allowed Pottsville General Unsecured Claim or Care
Pavilion General Unsecured Claim shall receive, on account of, in
exchange for, and in full and final satisfaction, compromise,
settlement, release, and discharge of such Allowed Claim its Pro
Rata share of the Pottsville Liquidating Trust Interests or the
Care Pavilion Liquidating Trust Interests, as applicable. Such
Claims in Class 5P and Class 5CP are, therefore, Impaired and
entitled to vote on the Plan.
Class 5P will receive a distribution of 33.1% to 47.1% of their
allowed claims. Class 5CP will receive a distribution of 13.4% to
20.3% of their allowed claims.
The Pottsville Interests in Class 8P and the Care Pavilion
Interests in Class 8CP are Impaired. The Holders of the Pottsville
Interests in Class 8P and the Care Pavilion Interests in Class 8CP
shall not receive or retain any property or interest in property on
account of such Interests, such Interests shall be cancelled,
extinguished, and discharged upon termination of the Care Pavilion
Liquidating Trust and Pottsville Liquidating Trust, or at the
direction of the Liquidating Trustee), and the Holders of the
Pottsville Interests and the Care Pavilion Interests shall take
nothing under the Plan.
This Plan will be funded from the following sources: (i) the Care
Pavilion Remaining Estate Funds and the Pottsville Remaining Estate
Funds; (ii) the Care Pavilion Remaining Cash and the Pottsville
Remaining Cash; (iii) the Care Pavilion Net Cash Proceeds and the
Pottsville Net Cash Proceeds; (iv) any refunds, deposits, or other
monies owing to the Debtors which were not sold to the Care
Pavilion Buyers or the Pottsville Buyers; (v) any other monetary
recoveries obtained by the Debtors prior to the Effective Date; and
(vi) any other monetary recoveries obtained by the Liquidating
Trustee after the Effective Date that do not constitute Care
Pavilion Purchased Assets or Pottsville Purchased Assets.
On the Effective Date, the Care Pavilion Liquidating Trust and the
Pottsville Liquidating Trust shall be established in accordance
with the Care Pavilion Liquidating Trust Agreement and the
Pottsville Liquidating Trust Agreement, as applicable, for the
exclusive benefit of the holders of Allowed Claims in Class 3P,
Class 3CP, Class 5P, Class 5CP, Class 6P and Class 6CP, in each
case as applicable. The appointment of the Liquidating Trustee
shall be approved in the Confirmation Order, and such appointment
shall be effective as of the Effective Date. The Liquidating
Trustee shall have and perform all the duties, responsibilities,
rights, and obligations set forth in the Plan, the Care Pavilion
Liquidating Trust Agreement and the Pottsville Liquidating Trust
Agreement.
On the Effective Date, and periodically thereafter if additional
Care Pavilion Liquidating Trust Assets or Pottsville Liquidating
Trust Assets become available, the Debtors shall transfer and
assign to the Care Pavilion Liquidating Trust or the Pottsville
Liquidating Trust, as applicable, all of their right, title, and
interest in and to all of such assets and, in accordance with
section 1141 of the Bankruptcy Code, all the Care Pavilion
Liquidating Trust Assets and Pottsville Liquidating Trust Assets
shall vest in the Care Pavilion Liquidating Trust and Pottsville
Liquidating Trust, as applicable, free and clear of all Claims,
Liens, charges, other encumbrances, or Interests, except for the
interests of any of the respective Holders of the beneficial
interests in either the Care Pavilion Liquidating Trustee Assets or
the Pottsville Liquidating Trust Assets, and subject to Care
Pavilion Liquidating Trust Expenses and Pottsville Liquidating
Trust Expenses.
A full-text copy of the First Amended Plan dated October 20, 2025
is available at https://urlcurt.com/u?l=gN4Tj3 from Stretto Inc.,
claims agent.
Counsel to the official committee of unsecured creditors:
Andrew C. Helman, Esq.
Dentons Bingham Greenebaum LLP
One City Center, Suite 11100
Portland, ME 04101
Phone: (207) 619-0919
Email: andrew.helman@dentons.com
And
Thomas D. Maxson, Esq.
Dentons Cohen & Grigsby, P.C.
625 Liberty Avenue, 5th Floor
Pittsburgh, PA 15222
Phone: (412) 297-4706
Email: thomas.maxson@dentons.com
Lauren M. Macksoud, Esq.
Dentons US LLP
1221 Avenue of the Americas
New York, NY 10020
Phone: (212) 768-5347
Email: lauren.macksoud@dentons.com
About Pottsville Operations
Pottsville Operations LLC and its affiliates own and operates six
skilled nursing facilities in Pennsylvania. Collectively,
Pottsville has 925 beds across the six facilities, and 759
residents currently at the Facilities as of the Petition Date.
Pottsville acquired the facilities in May of 2021.
Pottsville Operations and its 10 affiliates sought relief under
sought relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
W.D. Penn. Lead Case No. 24-70418) on Oct. 15, 2024. In the
petition signed by Neil Luria, as chief restructuring officer,
Pottsville reports estimated assets between $1 million and $10
million and estimated liabilities between $10 million and $50
million.
Bankruptcy Judge Jeffery A Deller handles the cases.
The Debtors tapped Baker & Hostetler, LLP as general bankruptcy
counsel; and RAaines Feldman Littrell, LLP as local counsel. SOLIC
Capital Advisors LLC is serving as financial advisor, and Solic's
Neil Luria has been tapped as CRO of the Debtors. Stretto, Inc. is
the claims agent.
Margaret Barajas is the patient care ombudsman appointed in the
Debtors' cases.
POWELL 1023: Hires Dahiya Law Offices LLC as Bankruptcy Counsel
---------------------------------------------------------------
Powell 1023 Corp. seeks approval from the U.S. Bankruptcy Court for
the Eastern District of New York to hire Dahiya Law Offices LLC as
bankruptcy counsel.
The firm's services include:
a) assisting and advising the Debtor relative to the
administration of this proceeding;
b) representing the Debtor before the Bankruptcy Court and
advising the Debtor on all pending litigations, hearings, motions,
and of the decisions of the Bankruptcy Court;
c) reviewing and analyzing all applications, orders, and
motions filed with the Bankruptcy Court by third parties in this
proceeding and advising the Debtor thereon;
d) attending all meetings conducted pursuant to section 341(a)
of the Bankruptcy Code and representing the Debtor at all
examinations;
e) communicating with creditors and all other parties in
interest;
f) assisting the Debtor in preparing all necessary
applications, motions, orders, supporting positions taken by the
Debtor, and preparing witnesses and reviewing documents in this
regard;
g) conferring with all other professionals, including any
accountants and consultants retained by the Debtor and by any other
party in interest;
h) assisting the Debtor in its negotiations with creditors or
third parties concerning the terms of any proposed plan of
reorganization;
i) preparing, drafting and prosecuting the plan of
reorganization and disclosure statement;
j) assisting the Debtor in performing such other services as
may be in the interest of the Debtor and the Estate and performing
all other legal services required by the Debtor; and
k) prosecuting such claims including those under 18 U.S.C.
Sec. 1964(c) and civil right act as deemed appropriate including
declarative lawsuits.
The firm's current hourly rates range from $700 for principal, $550
for counsel, $200 per hour to $350 per hour for associates time,
$75--$125 for paralegals, plus reimbursement of out-of-pocket
expenses.
Dahiya Law Offices is "disinterested" as such term is defined in
section 101(14) of the Bankruptcy Code, as modified by section
1107(b), according to court filings.
The firm can be reached through:
Karamvir Dahiya, Esq.
Dahiya Law Offices, LLC
75 Maiden Lane Suite 606
New York New York 10038
Tel: (212) 766-8000
About Powell 1023 Corp.
Powell 1023 Corp. is a corporation established to sell and finance
residential real property to consumer Achan Chowdhury.
Powell 1023 Corp. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D.N.Y. Case No. 25-43219) on July 6,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $500,000 and $1 million each.
Honorable Bankruptcy Judge Jil Mazer-Marino handles the case.
The Debtor is represented by Karamvir Dahiya, Esq. at Dahiya Law
Offices LLC.
PREPAID WIRELESS: Court Tosses T-Mobile Bid to See Subscriber Info
------------------------------------------------------------------
Judge Maria Ellena Chavez-Ruark of the United States Bankruptcy
Court for the District of Maryland denied T-Mobile USA, Inc.'s
motion to compel with respect to an unresolved discovery dispute
with Prepaid Wireless Group.
On June 6, 2025, T-Mobile served its first set of interrogatories
on the Debtor under Rule 33 of the Federal Rules of Civil Procedure
(made applicable to bankruptcy matters by Federal Rule of
Bankruptcy Procedure 7033). The seventh interrogatory sought the
following information:
7. Identify each Subscriber that transferred from Q Link to SUW
(or any of its Affiliates) from September 1, 2024 onward, and for
each such subscriber specify the date of transfer, monthly usage
information for such subscriber, the subscription terms for such
subscriber before and after the transfer, and the amount paid to
T-Mobile directly or indirectly for each such subscriber following
transfer.
The Debtor declined to fully answer this Interrogatory.
On July 18, 2025, T-Mobile served a subpoena duces tecum on StandUp
-- a Debtor affiliate that is under the control of Debtor's Chief
Executive Officer. The subpoena's second document request sought
the following:
2. Documents relating to the transfer of any Q Link (or any
affiliated entity) subscribers to StandUp (or any affiliated
entity).
StandUp failed to produce documents in response to this request.
T-Mobile requests that the Court order the Debtor to immediately
produce to T-Mobile all relevant documents responsive to document
request 2 to Global Connection Inc. of America, LLC d/b/a StandUp
Wireless, and to provide a complete response to interrogatory 7. In
the alternative, T-Mobile requests that the Court exclude the
report of Carl W. Northrop from consideration at the November
trial.
A copy of the Court's decision dated October 22, 2025, is available
at https://urlcurt.com/u?l=mVJ1wP from PacerMonitor.com.
About Prepaid Wireless Group, LLC
Prepaid Wireless Group, LLC is a provider of wireless
telecommunications services in Rockville, Md.
Prepaid Wireless Group sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Md. Case No. 24-18852) on October 21,
2024, with $10 million to $50 million in both assets and
liabilities. Paul Greene, chief executive officer, signed the
petition.
Judge Maria Ellena Chavez-Ruark oversees the case.
The Debtor is represented by:
Irving Edward Walker, Esq.
Cole Schotz P.C.
Tel: (410) 230-0660
Email: iwalker@coleschotz.com
PRESENTATION MEDIA: Gets Final OK to Use Cash Collateral
--------------------------------------------------------
The U.S. Bankruptcy Court for the Central District of California,
Los Angeles Division granted Presentation Media Inc. final approval
to use cash collateral.
The court's final order authorized the Debtor to use cash
collateral through April 10, 2026, in accordance with its budget.
The Debtor may deviate from the budget by up to 15% per week per
category without approval by the U.S. Small Business
Administration. Greater variances require consent from the U.S.
Small Business Administration or court order.
As adequate protection, SBA and other secured creditors will be
granted replacement liens on all property acquired by the Debtor
after its Chapter 11 filing, excluding avoidance actions and
recoveries.
The replacement liens will have the same validity, priority and
extent as the secured creditors' pre-bankruptcy liens. Moreover,
the liens are automatically valid and perfected as of the petition
date without the need for further filings.
As additional protection, SBA will continue to receive a monthly
payment of $5,000 from the Debtor.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/iuzs8 from PacerMonitor.com.
About Presentation Media Inc.
Presentation Media Inc. provides visual presentation solutions and
manufacturing services primarily for the aerospace and defense
sectors, including clients such as Hughes (now Raytheon), Boeing,
Northrop Grumman, and NASA, and has since expanded to newer clients
like SpaceX, Tesla, Honda, and Lyft. Operating from its Los Angeles
facility, the Company produces large-format graphics, dimensional
letters, signs, 3D printing, sculptural art, and trade show or
museum exhibits, while offering services including 3D modeling,
graphic and interior design, exhibit design, engineering, digital
media, and onsite consultation. PMI also works with strategic
partners that do not have sufficient production capacity,
fulfilling orders on their behalf and maintains its signature
"Midnight Express" overnight production service to deliver projects
by the start of clients' business days.
Presentation Media sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-17723) on September
2, 2025. In its petition, the Debtor reported total assets of
$5,990,852 and total liabilities of $12,204,312.
Judge Sheri Bluebond oversees the case.
The Debtor is represented by Steven R. Fox, Esq., at The Fox Law
Corporation.
PRIMALEND CAPITAL: Unpaid Lenders Object to Missing Entity in Ch.11
-------------------------------------------------------------------
Steven Church and Eliza Ronalds-Hannon of Bloomberg News report
that a group of creditors to bankrupt auto-dealership lender
PrimaLend expressed "grave concerns" over the company's Chapter 11
filing, particularly its decision to exclude what they described as
its "most distressed" subsidiary from the process. The creditors
said the move raises questions about transparency and fairness in
the restructuring effort.
The ad hoc group, which holds roughly $75 million in bonds issued
by PrimaLend's main holding company—currently in default on its
interest payments—argued that the omission was intended to limit
the participation of unsecured creditors. The group also challenged
PrimaLend's request for court approval to obtain bankruptcy
financing, alleging that it sought to compel guarantees and legal
releases unfavorable to their interests, the report states.
About PrimaLend Capital
PrimaLend Capital, a U.S.-based commercial finance company,
provides asset-backed lending solutions to buy-here-pay-here (BHPH)
auto dealerships.
PrimaLend Capital sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Lead Case No. 25-90013) on
October 22, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $100 million and $500 million each.
Honorable Bankruptcy Judge Mark X. Mullin handles the case.
The Debtor is represented by Jason P. Kathman, Esq. of SPENCER
FANE. FTI CONSULTING INC. is the Debtor's Financial Advisor.
HOULIHAN LOKEY INC. is the Debtor's Investment Banker. STRETTO INC.
is the Debtor's Claims, Noticing &
Solicitation Agent.
PRIME CORE: Chapter 11 Administrator Nets $35MM From Crypto
-----------------------------------------------------------
Rick Archer of Law360 reports that the Chapter 11 plan
administrator for bankrupt cryptocurrency custodian Prime Core
Technologies Inc. informed a Delaware bankruptcy judge on Monday,
October 27, 2025, that the estate has generated about $35 million
from the sale of its digital assets and expects to begin
distributing funds to creditors in early 2026.
According to the administrator, liquidating Prime Core's remaining
crypto holdings represents a major step toward closing the case,
which has been ongoing since the company's downfall amid last
2024's digital asset market turbulence. The proceeds will go toward
satisfying approved claims, with additional details on distribution
timing anticipated soon, the report states.
About Prime Core Technologies Inc.
Prime Core Technologies, Inc., was founded in 2016 by Scott Purcell
as a trust and custodial services company with respect to fiat
currency and other more traditional assets, with its primary
product being college savings trusts. Following the emergence and
exponential growth of the blockchain and cryptocurrency industry,
the Company recalibrated its focus away from providing more
traditional fiat currency custodial services and towards providing
custodial services for cryptocurrency and other digital assets.
Eventually, the Company emerged as a market leader, providing a
unique bundle of products and services that remain unparalleled in
the industry.
Prime Core Technologies, Inc., and three of its affiliates sought
Chapter 11 bankruptcy protection (Bankr. D.N.J. Lead Case No.
23-11161) on Aug. 16, 2023. The petitions were signed by Jor Law as
interim chief executive officer. The Hon. J. Kate Stickle presides
over the Debtors' cases.
The Debtors listed $50 million to $100 million in estimated assets
and $100 million to $500 million estimated liabilities.
McDermott Will & Emery LLP serves as counsel to the Debtors. The
Debtors' financial advisor is M3 Advisory Partners, LP; their
investment banker is Galaxy Digital Partners LLC; and their claims
and noticing agent is Stretto.
PROST LLC: Unsecured Creditors Will Get 12.4% of Claims in Plan
---------------------------------------------------------------
Prost, LLC filed with the U.S. Bankruptcy Court for the Southern
District of California a Plan of Reorganization for Small Business
dated October 17, 2025.
The is a California limited liability company formed in 2011. Clint
Stromberg and Molly Rust, husband and wife, are the managing
members of Debtor (collectively, the "Insiders").
Previously, Debtor operated as "Bolt Brewery" at three locations:
(1) 8179 Center Street, La Mesa, CA 91942 ("La Mesa Location"),
which opened in December 2013, (2) 1971 India Street, San Diego, CA
92101 ("Little Italy Location"), which opened in August 2014, and
(3) 2547 San Diego Avenue, San Diego, CA 92010 ("Old Town
Location"), which opened in July 2023.
The Debtor's financial struggles began acutely when it expanded to
the Old Town Location. Debtor overspent on the remodel, which
expended their financial reserves. The Old Town Location did not
perform as well as anticipated. Likewise, the La Mesa Location also
continued underperforming following the COVID-19 pandemic. In June
2025, Debtor surrendered possession of the Old Town Location. And
in July 2025, Debtor surrendered possession of the La Mesa
Location.
Around this same time, Debtor transitioned the Little Italy
Location from Bolt Brewery to Taco Loco. Initial results have been
encouraging. The Little Italy Location did not experience any sales
decline in the immediate aftermath. And its sales and profitability
have grown in the past two months.
The Debtor owes approximately $100,000 to undisputed general
unsecured creditors, which consists mostly of credit cards and
trade vendors. Debtor also has a dispute with its former landlord
at the La Mesa Location, as well as disputed labor claims asserted
by former employees.
This Plan has a 60-month term which ends on December 31, 2030. Over
this term, the Debtor will have $233,559.80 in projected disposable
income.
Under the Plan, the Debtor proposes to pay $242,385.38 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 Debtor
from disposable operating income from normal business operations.
Overall, the Plan projects to pay a 12.4% distribution to general
unsecured creditors. The Plan provides for the payment of
$72,000.00 total to general unsecured claims from 4Q'29 to 4Q'30,
which shall be distributed pro rata to holders of allowed general
unsecured claims.
The Plan provides for the payment of administrative expense claims
in full by 1Q'27, and payment of priority tax claims in full (with
applicable legal interest) by 3Q'28.
Class 3 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 $8,000.00 beginning in 4Q'28 and ending
in 4Q'30. The allowed unsecured claims total $581,466.58. This
Class is impaired.
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 October 17,
2025 is available at https://urlcurt.com/u?l=Dqhtgy 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
Tel: (951) 777-2460
Email: don@donreidlaw.com
About Prost LLC
Prost LLC is a San Diego-based food service company operating
multiple restaurant and brewery concepts including Taco Loco, Bolt
Brewery, and Diego's Baja Grill.
Prost LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Cal. S.D. Cal. Case No. 25-03311) on August 11,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100,000 and $500,000 each.
The Debtor is represented by Donald Reid, Esq. at Law Office Of
Donald W. Reid.
RAZZOO'S INC: Seeks to Hire Stout Risius Ross as Financial Advisor
------------------------------------------------------------------
Razzoo's, Inc. and its affiliates seek approval from the U.S.
Bankruptcy Court for the Southern District of Texas to hire Stout
Risius Ross, LLC as financial advisor.
The firm's services include:
a) negotiating the terms of any debtor-in-possession financing
or agreement regarding the use of cash collateral on behalf of the
Debtors;
b) investigating and preparing the Debtors' go-forward
business and restructuring strategies;
c) directing and conferring with all retained estate
professionals, including Debtors' legal counsel, investment banker,
and financial advisors;
d) communicating with creditors of Debtors and meeting with
representatives of such constituencies;
e) preparing statements of financial affairs, schedules, first
day motions and other regular motions and reports required by the
Court or which Debtors are otherwise obligated to prepare and
provide;
f) reviewing payments or transfers by or for the benefit of
Debtors to ensure compliance with the Bankruptcy Code and
applicable orders of the Court;
g) negotiating bidding procedures and advising the Debtors on
the terms of any proposed sale of the Debtors' assets;
h) formulating and prosecuting of any plan of reorganization
or liquidation for the Debtors;
i) assisting in the 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, statements of financial
affairs, and monthly operating reports;
j) reviewing the Debtors' 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;
k) reviewing and analyzing of the reporting regarding cash
collateral and any debtor-in-possession financing arrangements and
budgets;
l) assisting with reviewing any potential cost containment
opportunities proposed by the Debtors;
m) assisting with reviewing any potential asset redeployment
opportunities proposed by the Debtors;
n) reviewing and analyzing assumption and rejection issues
regarding executory contracts and leases;
o) reviewing and analyzing the Debtors' proposed business
plans and the business and financial condition of the Debtors
generally;
p) assisting in evaluating reorganization strategy and
alternatives available, including any asset sale transactions;
q) reviewing and analyzing the Debtors' financial projections
and assumptions;
r) assisting in preparing documents necessary for confirmation
of any plan, proposed asset sales, and proposed use of cash and/or
financing;
s) advising and assisting the Debtors in negotiations and
meetings with creditors and other parties-in-interest;
t) assisting with the claims resolution procedures including,
but not limited to, analyses of creditors' claims by type and
entity;
u) providing forensic accounting and litigation consulting
services and expert witness testimony regarding confirmation and/or
transactional issues, avoidance actions or other matters; and
v) providing other such functions as requested by the Debtors
to assist in these Chapter 11 Cases and taking any and all other
actions that are necessary or appropriate to manage and operate the
Debtors pursuant to the Engagement Letter, the Bankruptcy Code, and
applicable orders of the Court.
The firm's hourly rates are:
Managing Director $675 to $950
Director $525 to $650
Manager / Senior Manager $400 to $525
Analyst / Associates $300 to $375
Administrative Personnel $125 to $275
Douglas Brickley, a managing director at Stout Risius Ross,
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:
Douglas J. Brickley
Stout Risius Ross LLC
1000 Main Street, Suite 3200
Houston, TX 77002
Office: (713) 225-9580
Fax: (713) 225-9588
Email: dbrickley@stout.com
About Razzoo's, Inc.
Razzoo's, Inc. operates a chain of casual dining restaurants that
specialize in Cajun-inspired cuisine and Louisiana-style dishes
across Texas, North Carolina, and Oklahoma. Founded in 1991 in
Dallas, Texas, the Company has expanded to multiple locations
offering a menu that includes seafood, fried specialties, and
traditional Cajun items such as boudin balls, Rat Toes, and
alligator tail. The restaurants are known for combining bold bayou
flavors with a lively atmosphere that reflects Cajun culture and
tradition.
Razzoo's, Inc. in Addison, TX, sought relief under Chapter 11 of
the Bankruptcy Code filed its voluntary petition for Chapter 11
protection (Bankr. S.D. Tex. Lead Case No. 25-90522) on Sept. 30,
2025, listing as much as 10 million to $50 million in both assets
and liabilities. Philip Parsons, CEO of the Debtor, signed the
petition.
Judge Alfredo R Perez oversees the case.
OKIN ADAMS BARTLETT CURRY LLP serve as the Debtor's legal counsel.
DONLIN, RECANO & COMPANY, LLC as claims and noticing agent. STOUT
CAPITAL, LLC as investment banker. STOUT RISIUS ROSS, LLC as
financial advisor.
RENASCENCE INC: Gets OK to Use Cash Collateral Until Nov. 28
------------------------------------------------------------
Renascence, Inc. received another extension from the U.S.
Bankruptcy Court for the Eastern District of North Carolina,
Greenville Division, to use cash collateral.
The order penned by Judge Pamela McAfee authorized the Debtor's
interim use of cash collateral until November 28 to pay essential
expenses in accordance with its budget, with 6% expense deviation
allowed.
The Debtor projects total operational expenses of $107,500 for
November.
The order granted the U.S. Small Business Administration and other
creditors with interest in the cash collateral a post-petition lien
on all cash, accounts, receivables and future receivables collected
by the Debtor during the interim period.
As additional protection, the Debtor must pay $3,700 to SBA by
November 5, and another $500 to be held in trust for the Subchapter
V trustee.
A final hearing is set for November 25.
The Debtor and SBA entered into a promissory note and security
agreement in 2020 and in 2021. The notes were secured by the
Debtor's cash, accounts, receivables, inventory, equipment,
software, insurance proceeds, tax refunds and other intangibles.
The Debtor estimates that the balance due on the notes is
$565,800.
About Renascence Inc.
Renascence, Inc. offers printing, publishing, mailing, embroidery,
signage, and retail office supply sales.
Renascence sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Banker. E.D. N.C. Case No. 25-01764) on May 12,
2025, listing up to $500,000 in assets and up to $10 million in
liabilities. Donald A. Stocks, Sr., president of Renascence, signed
the petition.
Judge Pamela W. Mcafee oversees the case.
The Debtor is represented by:
Christopher Scott Kirk, Esq.
C. Scott Kirk, Attorney At Law, PLLC
Tel: 252-689-6249
scott@csklawoffice.com
RHODIUM ENCORE: Files Amended Plan; Confirmation Hearing Dec. 3
---------------------------------------------------------------
Rhodium Encore LLC and affiliates submitted a Disclosure Statement
for First Amended Joint Chapter 11 Plan of Liquidation dated
October 19, 2025.
The Plan is the product of extensive negotiations among the Special
Committee of Rhodium Enterprises, Inc.'s Board of Directors (the
"Special Committee") and its advisors (Barnes & Thornburg LLP),
working together with the Debtors' restructuring advisors
(Province, LLC) and a number of the Debtors' key stakeholders,
including the Ad Hoc Group of SAFE Parties (the "SAFE AHG")
represented by Akin Gump Strauss Hauer & Feld LLP ("Akin"),
Imperium, and the Founders (collectively, the "Plan Support
Parties"), together with each of those parties’ respective
advisors.
The fee payable to one of Debtors' professionals, Lehotsky Keller
Cohn LLP ("LKC") is calculated based on value allocated to the
released claims. The Debtors' historical cash budget for LKC's fee
has been approximately $3.5 million. If the Court were to grant
LKC's fee application in its entirety, the Debtors' Distributable
Cash would be lower than that reflected in the Debtors'
illustrative cash reserve.
Another of the Debtors' professionals, B. Riley Securities, Inc.,
is party to an engagement letter with the Debtors that provides B.
Riley with a right to a 1.25% success fee relating to the sale of
assets to Riot/Whinstone. B. Riley has been content to wait until
the allocation is complete to determine the base amount on which
its fee is owed. The Debtors have estimated, for purposes of the
Liquidation Analysis, a fee of approximately $1 million to B.
Riley. If a disagreement arises, that fee could be higher and the
Debtors' Distributable Cash would accordingly be lower.
Midas filed Claims in September and November 2024 totaling $25-43
million in alleged patent infringement damages but omitted that
Midas had already dropped one patent and lost its claims on the
other in district court in April 2024. The Debtors objected to
Midas's invalid claims on multiple grounds, including claim
preclusion. Midas amended their Claims and reduced the amount to
approximately $10 million. Docket No. 1580. On July 8, the Court
scheduled a full evidentiary hearing to resolve Midas' claims and
specified that the parties would brief both claim estimation and
summary judgment, then appear for a full evidentiary hearing on
August 22, 2025. The Court later continued that hearing sua sponte
to September 23, 2025. The Court conducted a full evidentiary
hearing on September 23, 2025, and requested additional briefing
that the parties filed on October 7, 2025.
The Debtors issued warrants to certain of the Fairbairn Parties
(the "Fairbairn Warrants") for an aggregate price of $88,608 (the
"Warrant Price") in October 2021. The Fairbairn Warrants allowed
their holders to cumulatively purchase 708,864 Class A Common Stock
of Rhodium Enterprises at an exercise price of $10.29 prior to
October 1, 2026. The Fairbairn Warrants contained an anti dilution
clause.
Rhodium Enterprises returned the Warrant Price, plus 12% interest,
to the Fairbairn Warrants holders between early June 2022 and mid
August 2022. At the end of September 2022, in connection with
secured notes newly issued by Rhodium Technologies, guaranteed by
Imperium and secured by stock of Rhodium Enterprises, Rhodium
Enterprises issued additional warrants allowing secured noteholders
to purchase Class A Common Stock of Rhodium Enterprises at a price
of $0.01 per share (the "Penny Warrants"). The Fairbairn Parties
assert Claims (the "Fairbairn Claims") (1) that the Penny Warrants
reset the price of the Fairbairn Warrants to one penny and (2) from
the Debtors’ refusal to reprice the Fairbairn Warrants.
Like in the prior iteration of the Plan, each such Holder of Class
5a Guaranteed Unsecured Claims shall receive, in full and final
satisfaction, settlement, release, and discharge of such Claim, on
the later of (as applicable) (i) the Effective Date or as soon as
reasonably practicable thereafter and (ii) on or before the first
Business Day after the date that is thirty calendar days after the
date such Guaranteed Unsecured Claim becomes an Allowed Guaranteed
Unsecured Claim, payment in Cash in an amount equal to such Allowed
Guaranteed Unsecured Claim.
Class 5b consists of General Unsecured Claims. Except to the extent
that a Holder of an Allowed General Unsecured Claim agrees to a
less favorable treatment of such Claim, each such Holder shall
receive, in full and final satisfaction, settlement, release, and
discharge of such Claim, on the later of (as applicable) (i) the
Effective Date or as soon as reasonably practicable thereafter and
(ii) on or before the first Business Day after the date that is
thirty calendar days after the date such General Unsecured Claim
becomes an Allowed General Unsecured Claim, payment in Cash in an
amount equal to such Allowed General Unsecured Claim.
The Plan will be funded by the Debtors' assets, including existing
Cash, proceeds from the (i) Temple Sale, (ii) Whinstone
Transaction, (iii) D&O Insurance Settlement, and (iv) the proceeds
from the liquidation of all of the Debtors' remaining assets and
Causes of Action.
Once Intercompany Interests and Claims are reconciled, all of the
Debtors except for the Wind Down Debtor shall be dissolved or
merged into other Debtors (and, to the extent necessary, shall be
permitted to be liquidated or merged for tax purposes, legal
dissolution, or merger). The Wind Down Debtor shall remain in being
for as long as necessary or beneficial for tax or other purposes.
The hearing to determine Confirmation of the Plan is scheduled on
December 3, 2025 at 9:30 a.m. November 21, 2025 at 5:00 p.m. is the
deadline to object to confirmation of the Plan. The voting deadline
is scheduled on November 21, 2025 at 5:00 p.m.
A full-text copy of the Disclosure Statement dated October 19, 2025
is available at https://urlcurt.com/u?l=QZkV42 from
PacerMonitor.com at no charge.
Counsel to the Debtors:
QUINN EMANUEL URQUHART & SULLIVAN, LLP
Patricia B. Tomasco, Esq.
Joanna D. Caytas, Esq.
Cameron Kelly, Esq.
Alain Jaquet, Esq.
700 Louisiana Street, Suite 3900
Houston, Texas 77002
Telephone: 713-221-7000
Facsimile: 713-221-7100
Email: pattytomasco@quinnemanuel.com
Email: joannacaytas@quinnemanuel.com
Email: cameronkelly@quinnemanuel.com
Email: alainjaquet@quinnemanuel.com
- and-
Eric Winston, Esq.
Razmig Izakelian, Esq.
865 S. Figueroa Street, 10th Floor
Los Angeles, California 90017
Telephone: 213-443-3000
Facsimile: 213-443-3100
Email: ericwinston@quinnemanuel.com
Email: razmigizakelian@quinnemanuel.com
About Rhodium Encore
Rhodium Encore LLC is a founder-led, Texas based, digital asset
technology company utilizing proprietary tech to self-mine bitcoin.
The Company creates innovative technologies with the goal of being
the most sustainable and cost-efficient producer of bitcoin in the
industry.
Rhodium Encore sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Lead Case No. 24-90448) on Aug.
24, 2024. In the petition filed by Michael Robinson, as co-CRO,
Rhodium listed assets between $100 million and $500 million and
estimated liabilities between $50 million and $100 million.
Bankruptcy Judge Alfredo R. Perez oversees the case.
The Debtor tapped QUINN EMANUEL URQUHART & SULLIVAN, LLP, as
counsel, and PROVINCE as restructuring advisor.
ROLLING HILLS: Case Summary & Four Unsecured Creditors
------------------------------------------------------
Debtor: Rolling Hills Food & Beverage, Inc.
Green Parrot
2106 Lancaster Street
San Marcos, TX 78666
Business Description: Rolling Hills Food & Beverage, Inc., doing
business as Green Parrot, operates a bar and
food service establishment in San Marcos,
Texas.
Chapter 11 Petition Date: October 24, 2025
Court: United States Bankruptcy Court
Northern District of Texas
Case No.: 25-44129
Debtor's Counsel: Robert T DeMarco, Esq.
DEMARCO MITCHELL, PLLC
12770 Coit Road, Suite 850
Dallas TX 75251
Tel: (972) 991-5591
Email: robert@demarcomitchell.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $10 million to $50 million
The petition was signed by Eric White as president.
A full-text copy of the petition, which includes a list of the
Debtor's four largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/UW44JZA/Rolling_Hills_Food__Beverage__txnbke-25-44129__0001.0.pdf?mcid=tGE4TAMA
ROUNDTABLE FORUM: Seeks Chapter 7 Bankruptcy in Georgia
-------------------------------------------------------
On October 21, 2025, Roundtable Forum LLC filed a voluntary Chapter
7 bankruptcy petition in the U.S. Bankruptcy Court for the Middle
District of Georgia. Court documents show that the company reported
liabilities between $100,001 and $1 million, with a total of 1 to
49 creditors.
About Roundtable Forum LLC
Roundtable Forum LLC is a limited liability company.
Roundtable Forum LLC sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. M.D. Ga. Case No 25-30587) on October 21,
2025. In its petition, the Debtor reports estimated assets up to
$100,000 and estimated liabilities between $100,001 and $1
million.
The Debtor is represented by Quentin Ray Carr, Esq. of The Carr Law
Group.
RYAN HOHMAN: Unsecureds Will Get 100% of Claims in Plan
-------------------------------------------------------
Ryan Hohman LLC filed with the U.S. Bankruptcy Court for the
District of Utah a Plan of Reorganization dated October 17, 2025.
The Debtor is a Utah limited liability company organized to provide
staffing and employee training services for third parties.
Because of the increased debt brought on by trying to grow the
business and then the decreased revenue and increased cost of doing
business the Debtor was unable to meet all of its financial
obligations.
Accordingly, to save the business and to put itself in a position
hat it could pay back as much as possible to its creditors, the
Debtor was left with no choice but to file its voluntary petition
for relief under Chapter 11 of the Bankruptcy Code, which it did on
April 22, 2025.
Class 2 contains all of the allowed nonpriority unsecured claims
that timely filed proofs of claim include, American Express
National Bank (POC 2-$33,955.20), JP Morgan Chase Bank N.A. (POC
3-$34,142.49), JPMC (POC 4-$31,853.18), JPMC (POC 5-$150,432.82),
AENB (POC 6-$51,275.29), Capital One, N.A. by AIS InfoSource LP, as
agent (POC 7-$9,500.00), Forward Financing, LLC (POC 8-94,239.92),
For a Financial Asset Securitization 2024, LLC (POC 9-$66,341.76),
Zions Bank (POC 10-$2,807.91) and Revenued, LLC (POC
11-$127,953.73).
Class 2 will also include the unsecured portion of the SBA claim in
the amount of $112,237.69. Creditors in Class 2 shall receive a
prorate portion of variable quarterly payments in the amount of
approximately $15,000.00 each for Year 1; $22,500.00 each for Year
2; $60,000.00 each for Year 3; and $90,000.00 each for Year 4,
until 100% of their allowed claims, which the Debtor estimates to
be $714,739.99, are paid.
Such payments under the Plan shall commence no later than 90 days
after the effective date. The payments will be in full satisfaction
of the respective claims of the creditors in Class 2, without
interest.
The Reorganized Debtor shall continue to operate the Debtor's
business and to make payments according to the Plan.
A full-text copy of the Plan of Reorganization dated October 17,
2025 is available at https://urlcurt.com/u?l=PVXeEI from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Andres Diaz, Esq.
Timothy J. Larsen, Esq.
DIAZ & LARSEN
757 East South Temple, Suite 201
Salt Lake City, UT 84102
Telephone: (801) 596-1661
Facsimile: (801) 359-6803
Email: courtmail@adexpresslaw.com
About Ryan Hohman LLC
Ryan Hohman LLC owns and operates Sales Recruiting University, a
private staffing and training firm that helps companies scale
commission-based sales teams in North America. Headquartered in
Salt Lake City since 2018, the Company designs lead-generation
funnels, vets candidates and can place five to 15 sales
representatives per client each month.
Ryan Hohman LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Utah Case No. 25-22161) on April 22,
2025. In its petition, the Debtor reports total assets as of March
31, 2025 of $193,066 and total liabilities as of March 31, 2025 of
$1,059,433.
Honorable Bankruptcy Judge Kevin R. Anderson handles the case.
The Debtor is represented by Andres Diaz, Esq. at DIAZ & LARSEN.
RYAN LLC: S&P Downgrades ICR to 'B' on Sustained Higher Leverage
----------------------------------------------------------------
S&P Global Ratings lowered all its ratings on Dallas-based tax
services provider Ryan LLC, including the issuer credit rating to
'B' from 'B+'.
The stable outlook reflects S&P's expectation that Ryan will
modestly deleverage while sustaining organic growth and profit
margin expansion.
Ryan LLC plans to issue a $1.81 billion term loan, $200 million
delayed-draw facility, and up to a $400 million revolver (undrawn
at close). It will use proceeds to fund recent acquisitions,
including its joint venture with Dhruva Advisors, and refinance
debt.
The transaction will modestly increase leverage and sustain credit
metrics outside S&P's expected range for the rating.
Ryan will keep S&P Global Ratings-adjusted leverage above 6x at
year-end. S&P said, "With the proposed transactions, Ryan has a
pattern of activity that slowed its deleveraging and sustained
credit measures outside of our expectations for a 'B+' rating.
Although we continue to expect increased earnings to improve credit
metrics over time, we no longer think the company will commit to
maintaining leverage below 5.5x on an S&P Global Ratings-calculated
basis. Our view is also informed by its debt-financed dividend last
year, followed by the leveraged acquisition of Altus' property tax
practice. Ryan's leverage target remains 3.75x-4.5x, but we now
consider management's adherence to this policy to be less rigid,
such as when lucrative acquisition opportunities arise."
Meanwhile, S&P Global Ratings-calculated leverage is about 1.5x
higher than management's calculation, leading us to believe Ryan
will regularly keep leverage above 5.5x. The calculation variance
arises primarily from our reclassification of capitalized software
development costs as an expense, certain nonrecurring costs that
management adds back, and lease liabilities.
S&P said, "Despite our expectation for high working capital needs
to support growth (we estimate nearly $100 million of working
capital outflow annually over the next two years), we think Ryan
will generate sufficient cash flow to fund dividends that cover
shareholders' tax obligations and reinvest in the business. We
forecast adjusted free operating cash flow (FOCF) to debt of 4%-5%
this year, improving to greater than 5% in 2026. This reflects
favorable cushion to sustain a 'B' rating profile.
"Our forecast reflects healthy organic revenue and margin
expansion. Ryan reported an organic revenue increase of 19% in the
second quarter, well above our earlier expectation and reflecting
some demand pull forward. We expect this to normalize to about 7%
in the full year while a total increase of 32% reflects
contribution from acquisitions. We think demand for tax consulting,
particularly amid recent legislative changes, will sustain top-line
expansion. Meanwhile, increasingly complex regulations will likely
support ongoing tax outsourcing trends, providing a tailwind for
Ryan's managed services business over the next several years. Our
longer-term forecast of 7.5%-8.5% annual improvement reflects
sustained organic growth of about 5%, with a series of debt-funded
acquisitions providing an additional source.
"With its integration of Altus' property tax business nearly
complete, we expect margin expansion through the remainder of the
year, with S&P Global Ratings-adjusted EBITDA margin expanding
about 170 basis points (bps) in 2025 to 21.3%. Reduced
transaction-related nonrecurring expenses and contribution from
higher-margin acquired businesses drive margin growth, partially
offset by increasing software development costs, which we treat as
an expense. An additional 125-175 bps of margin expansion in our
2026 forecast reflects cost synergies, scale benefits, and
transaction and integration expenses rolling off.
"Ryan has a record of integrating acquisitions to add scale. The
Altus deal closed at the start of this year, its largest
acquisition. Despite a more challenging undertaking for integrating
the target's processes onto the Ryan platform, the process has been
smooth. We believe minimal integration risk remains.
"Its most recent acquisition, a majority stake in Mumbai-based
Dhruva Advisors, also presents some execution risk based on
Dhruva's operations in new geographies and its multinational
presence. However, Ryan is not bound by a transaction service
agreement that would dictate a completion timeline. We think it
will approach this integration with caution. The transaction will
solidify Ryan's presence in India and establish a strong foothold
in the United Arab Emirates, regions where we expect tax services
will continue to expand rapidly. Ryan has closed several other
acquisitions this year, contributing to its improving scale and
geographic reach.
"We anticipate ongoing debt-funded tuck-in acquisitions will
continue to be a key driver of Ryan's growth strategy. Our forecast
reflects a full drawdown of the proposed $200 million delayed-draw
term loan between 2026 and 2027 to fund acquisitions. While
enabling expansion, this slows deleveraging.
"The stable outlook reflects our expectation that Ryan's good
organic revenue improvement will persist amid a broad theme of
corporate tax function outsourcing, while profit margins will also
expand on reduced integration expenses and synergy benefits from
its Altus acquisition. While our base case reflects a deleveraging
trend, we believe management's financial policy could lead to
releveraging over time as Ryan pursues debt-funded acquisitions."
S&P could lower the rating on Ryan if operating performance
deteriorates significantly relative to our forecast, such that:
-- Increasing competition, reputational concerns, or changing
industry dynamics stall organic momentum, indicating the company is
ceding market share and leading us to view its business prospects
less favorably;
-- Profit margins and cash flow contract, perhaps because of
acquisition integration challenges or business execution missteps;
and
-- S&P Global Ratings-adjusted leverage increases above 7x with
little prospects for improvement.
S&P could raise the rating on Ryan if:
-- It reduces leverage below 5.5x, increases FOCF to debt above
5%, and S&P expects it to sustain these measures based on
management's adherence to a more conservative financial policy;
and
-- Favorable industry dynamics persist such that we expect
continued healthy organic growth and margin profile.
SAKS INC: Faces Financial Distress, At Risk of Chapter 11 Filing
----------------------------------------------------------------
Daniel Kline of The Street reports that Saks Fifth Avenue, a
storied luxury retailer with roots dating back to 1902, is showing
signs of deepening financial distress, according to data shared by
Creditsafe. Ragini Bhalla, the firm's head of brand and
spokesperson, revealed financial indicators suggesting that Saks
could be at risk of a Chapter 11 bankruptcy filing if current
trends continue. While the company has made no official comment or
issued a going concern warning, its financial patterns raise
serious concerns, according to the report.
Bhalla's analysis, based on publicly available data, points to
troubling delays in the retailer's debt payments. Saks' "Days
Beyond Terms" (DBT)—a measure of how many days late a company
pays its bills—has consistently exceeded industry norms. While
most companies in the sector average 10 to 12 days beyond terms,
Saks' figures ranged from 27 days in November 2024 to 41 days in
both January and March 2025.
This persistent pattern of late payments underscores potential
liquidity problems and cash flow strain. Even with slight
improvements in May and June 2025, when Saks' DBT stabilized at 30
days, it still remained nearly three times the industry average.
The metric climbed again to 39 days in August and September,
reinforcing the ongoing financial pressure the retailer faces,
according to report.
According to Bhalla, such sustained payment delays are red flags
signaling deeper operational and financial challenges. The
inability to pay suppliers on time over an extended period, she
noted, often reflects underlying difficulties in managing working
capital and maintaining liquidity—issues that could push even a
legacy brand like Saks toward restructuring or bankruptcy
protection.
About Saks Inc.
Saks Incorporated -- http://www.saksincorporated.com/-- is a
Tennessee corporation headquartered in New York. The Company's
operations consist of Saks Fifth Avenue stores and SFA's e-commerce
operations, as well as Saks Fifth Avenue OFF 5TH stores. The
Company is an omni-channel luxury retailer offering a wide
assortment of distinctive fashion apparel, shoes, accessories,
jewelry, cosmetics and gifts.
SCHAEFER RECOGNITION: Gets Interim OK to Use Cash Collateral
------------------------------------------------------------
Schaefer Recognition & Media Group, LLC received interim approval
from the U.S. Bankruptcy Court for the District of Arizona to use
cash collateral.
In its interim order, the court authorized the Debtor to use cash
collateral to fund operations in accordance with its budget,
subject to a 15% variance. The court said such relief is necessary
to prevent "immediate and irreparable harm" to the Debtor and to
preserve the value of its estate.
The Debtor's budget shows total operational expenses of $1,073 for
October and $1,173 for November.
As adequate protection for the U.S. Small Business Administration
and other secured creditors, the court granted them replacement
liens on their pre-bankruptcy collateral and directed the Debtor to
make monthly payments of $100 to the SBA, starting on November 1.
These replacement liens are automatically perfected and not subject
to subordination to post-petition claims.
A final hearing is scheduled for November 5.
About Schaefer Recognition & Media Group
Schaefer Recognition & Media Group LLC sought relief under
Subchapter V of Chapter 11 of the U.S. Bankruptcy Code (Bankr. D.
Ariz. Case No. 25-09689) on October 10, 2025, listing up to
$100,000 in assets and between $100,001 and $1 million in
liabilities. Dawn Maguire, Esq., at Guttilla Murphy Anderson,
serves as Subchapter V trustee.
Honorable Bankruptcy Judge Daniel P. Collins handles the case.
The Debtor is represented by Patrick F. Keery, Esq., at Keery
McCue, PLLC.
SECURITY TRANSPORT: Hires Daniel L. Freeland as Bankruptcy Counsel
------------------------------------------------------------------
Security Transport Inc. seeks approval form the U.S. Bankruptcy
Court for the Northern District of Indiana to hire Daniel L.
Freeland & Associates, P.C. as attorneys.
The firm will provide these services:
a. give the Debtor legal advice with respect to its powers and
duties as debtor-in-possession in the continued operation of his
businesses and management of its property;
b. defend the various complaints and motions for relief of
stay filed by creditors of the debtor;
c. protect the Debtor's interest in any executory contracts;
d. prepare on behalf of your applicant, as
debtor-in-possession, necessary applications, answers, order,
reports, and other legal papers;
e. perform all other legal services for debtor as
debtor-in-possession which may be necessary; and
f. prepare and file Plans, Disclosures and other papers
related thereto.
The firm will be paid at these rates:
Sheila A. Ramacci $400 per hour
Daniel L. Freeland $500 per hour
The firm was paid a retainer in the amount of $20,000.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Daniel Freeland, Esq., a partner at Daniel L. Freeland &
Associates, 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:
Daniel L. Freeland, Esq.
Daniel L. Freeland & Associates, P.C.
9105 Indianapolis Blvd.
Highland, IN 46322
Telephone: (219) 922-0800
Facsimile: (219) 922-1261
Email: dlf9601@aol.com
About Security Transport Inc.
Security Transport Inc., headquartered in Hammond, Indiana,
provides truckload transportation services for dry goods throughout
the contiguous U.S. and Canada. Established in 2012, the Company
operates a fleet of tractors and trailers to haul general freight,
metals, beverages, paper products, and waste. Its operations
concentrate on time-sensitive and value-added logistics solutions
in the transportation and logistics sector.
Security Transport Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ind. Case No. 25-22114) on October 15,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtor is represented by Daniel L. Freeland, Esq. of DANIEL L.
FREELAND & ASSOCIATES, P.C.
SIGNATURE YHM: Hires Chris Daniel & Associates LLC as Appraiser
---------------------------------------------------------------
Signature YHM Land, LLC received approval from the U.S. Bankruptcy
Court for the Northern District of California to employ to hire
Chris Daniel & Associates LLC as appraiser.
Chris Daniel will prepare appraisals of the properties (A.P.N.:
259-261-021-000 and 259-261-022-000), including two narrative
reports (one per lot) and four value opinions.
The firm will be paid at these rates:
-- Appraisal Fee. The Firm will charge $4,500 for the
appraisals.
-- Hourly Fees. In the event additional research and/or expert
testimony is required, the firm will charge $200 per hour for such
services.
-- Post-Petition Retainer. The firm requests a 50% retainer in
the amount of $2,250. The balance of $2,250 will be due upon
completion.
As disclosed in the court filings, Chris Daniel & Associates LLC is
disinterested within the meaning of 11 U.S.C. Secs. 327(a) and
101(14).
The firm can be reached through:
Joshua Daniel
Chris Daniel & Associates LLC
P.O. Box 405
Carmel Valley, CA 93924
Phone: (831) 649-6142
Email: joshthomdan@gmail.com
About Signature YHM Land LLC
Signature YHM Land LLC operates in the real estate sector.
Signature YHM Land LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Cal. Case No. 25-50324) on March 11,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtor tapped Jeffrey I. Golden, Esq., at Golden Goodrich LLP
as counsel and Force Ten Partners, LLC as financial advisor.
SOMETHING SWEET: Trust Funds Belong to PACA Claimants, Court Says
-----------------------------------------------------------------
Judge Craig T. Goldblatt of the United States Bankruptcy Court for
the District of Delaware concludes that at all of the funds now
held by the trustee of Something Sweet Acquisition, Inc. are held
in statutory trust for the benefit of the plaintiffs in the
adversary proceeding captioned as PETERSON FARMS, INC., et al.,
Plaintiffs, v. SOMETHING SWEET ACQUISITION, INC., et al.,
Defendants, Adv. Proc. No. 23-50752-CTG (Bankr. D. Del.).
Something Sweet manufactured baked goods and sold them to grocery
stores. The plaintiffs in this adversary proceeding are the sellers
of agricultural products. They sold their perishable agricultural
products, on credit, to Something Sweet. As of the time the debtors
filed these bankruptcy cases on July 2, 2021, plaintiffs Peterson
Farms and First Call Trading Corp. -- the Program -- were
collectively owed approximately $285,000 in principal for unpaid
invoices -- approximately $300,000 when prepetition interest is
included. The chapter 7 trustee in the bankruptcy case is holding a
total of approximately $455,000, most of which represents the
proceeds of the sale of the debtors' assets. If interest on the
plaintiffs' claims continues to run post-petition, the amount of
their claims as of now -- more than four years after the bankruptcy
was filed -- exceeds the $455,000 that the trustee has.
Plaintiffs claim that, under PACA, all of the funds now held by the
trustee are held in statutory trust for their benefit.
Defendants Loeb Term Solutions, LLC and Capital Equipment
Solutions, LLC assert a valid, perfected security interest in all
of the debtors' assets. The Loeb entities offer six different
reasons why, notwithstanding PACA, they are entitled to the
proceeds in the trustee's possession. They argue that
(1) the plaintiffs have waived PACA's protections by effectively
consenting, through their course of dealing, to the debtors paying
their invoices more than 30 days after delivery of the produce,
which under PACA operates as a waiver of the statutory trust;
(2) any PACA trust that may have existed was broken before the
plaintiffs' shipments in question (such that assets held by the
debtors as of that date were not held in trust);
(3) certain funds that the trustee holds fall outside of any
trust that may exist;
(4) the application of PACA to grant the plaintiffs priority
over their security interests would violate their rights under the
Constitution's Due Process and/or Takings Clauses; and
(5) the plaintiffs are not entitled to attorneys' fees or
interest.
The Court concludes that the funds are held in trust for the
plaintiffs and should be distributed to the plaintiffs, pro rata.
Peterson Farms is entitled to 44.43% of those funds. The Program is
entitled to 55.57%.
According to Judge Goldblatt, "Under PACA, interest would continue
to accrue on the obligation that is entitled to the protection of
the trust. Understood this way, the dispute now before the Court is
simply a question arising under Sec. 541 over the metes and bounds
of the property of the estate. And the conclusion is that the
principal amounts due to the
PACA claimants, plus the interest that they are owed under the
parties' agreements, consumes all of the funds that the trustee is
holding. Accordingly, all of the funds held by the trustee are
subject to the PACA trust. The PACA claimants are the beneficiaries
of that trust. The estate has no equitable interest in any of those
funds."
A copy of the Court's Memorandum Opinion dated October 20, 2025, is
available at https://urlcurt.com/u?l=qnf0ya from PacerMonitor.com.
About Something Sweet Acquisition
Something Sweet Acquisition, Inc., a grocery and related product
merchant wholesaler based in New Haven, Conn., and its affiliates
sought protection under Chapter 11 of the Bankruptcy Code (Bankr.
D. Del. Lead Case No. 21-10992) on July 2, 2021. At the time of the
filing, Something Sweet Acquisition had between $1 million and $10
million in both assets and liabilities. Judge Benjamin A. Kahn
oversaw the cases.
Bielli & Klauder LLC and The Peakstone Group, LLC, served as the
Debtor's legal counsel and investment banker, respectively.
Reliable Companies was the claims and noticing agent.
The U.S. Trustee for Region appointed an official committee of
unsecured creditors in the Debtors' cases on July 21, 2021. The
committee tapped Horwood Marcus & Berk Chartered as lead bankruptcy
counsel and Armstrong Teasdale, LLP as Delaware and conflicts
counsel.
On December 6, 2021, the Court entered an order converting the
cases to ones under chapter 7. David Carickhoff is the
chapter 7 trustee.
SOUND VISION: Final Cash Collateral Hearing Set for Oct. 30
-----------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of New York is
set to hold a hearing on October 30 to consider final approval of
the motion filed by Sound Vision Care, Inc. and its affiliates to
use cash collateral.
The Debtors' authority to utilize cash collateral pursuant to the
court's third interim order expires on October 31.
The third interim order entered on October 21 approved the payment
of expenses from the cash collateral in accordance with the
Debtors' budget.
As adequate protection, the third interim order granted secured
creditors including U.S. Eagle Federal Credit Union, Bank of
America, N.A. and Flushing National Bank, replacement liens on all
of the Debtors' assets, with the same validity, priority and order
as their pre-bankruptcy liens.
The Debtors were also ordered to make monthly payments of
$45,457.76 to U.S. Eagle Federal Credit Union, $1,822 to Bank of
America, and $4,331.40 to Flushing National Bank as additional
protection.
U.S. Eagle Federal Credit Union is represented by:
Michael Kwiatkowski, Esq.
Moritt Hock & Hamroff, LLP
400 Garden City Plaza
Garden City, NY 11530
Tel: (516) 873-2000
Fax: (516) 873-2010
mkwiatkowski@moritthock.com
Bank of America is represented by:
Christopher P. Schueller, Esq.
Buchanan Ingersoll & Rooney, PC
640 5th Avenue, 9th Floor
New York, NY 10019
Tel: (212) 440-4400
Fax: (212) 440-4401
christopher.schueller@bipc.com
Flushing is represented by:
Thomas J. McNamara, Esq.
Certilman Balin Adler & Hyman, LLP
90 Merrick Avenue
East Meadow, New York 11554
Tel: (516) 296-7000
tmcnamara@certilmanbalin.com
About Sound Vision Care Inc.
Sound Vision Care, Inc. provides comprehensive eye care services,
including eye exams, treatment for various eye conditions, and
personalized fittings for eyeglasses and contact lenses. Operating
in Riverhead, Southold, and Southampton, New York, the practice
serves patients of all ages and needs. The clinic is staffed by
trained professionals and led by Dr. Jeffrey Williams, who offers
referrals to ophthalmologists for surgical care.
Sound Vision Care and its affiliates sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. E.D.N.Y. Lead Case No.
25-72421) on June 23, 2025. In its petition, Sound Vision Care
reported estimated assets between $50,000 and $100,000 and
estimated liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Louis A. Scarcella handles the case.
The Debtors are represented by Robert L. Rattet, Esq., at Davidoff
Hutcher & Citron, LLP.
STRANGE BIKINIS: Seeks Cash Collateral Access
---------------------------------------------
Strange Bikinis, LLC asks the U.S. Bankruptcy Court for the
District of Nevada for authority to use cash collateral and provide
adequate protection.
The Debtor said it needs to use potential cash collateral of the
U.S. Small Business Administration pursuant to 11 U.S.C. Section
363 of the Bankruptcy Code.
Strange Bikinis, a Nevada-based women's swimwear company wholly
owned and managed by Alison Conway, filed for Chapter 11 bankruptcy
under Subchapter V on October 13. As part of its operations, the
Debtor received an Economic Injury Disaster Loan from the SBA
during the COVID-19 pandemic, which may be secured by a lien on its
cash assets. While the Debtor reserves the right to contest the
SBA's claim or the validity of any security interest, it
acknowledges that the SBA may hold a perfected security interest in
its cash or deposit accounts.
The Debtor will use the SBA's cash collateral in accordance with
14-week rolling cash flow projections submitted as part of the
proposed order. The Debtor argues that the SBA is adequately
protected because the collateral will be used to maintain and
operate the business, its value is not decreasing, and the SBA will
be granted a replacement lien on post-petition cash.
A court hearing is set for November 5.
About Strange Bikinis LLC
Strange Bikinis, LLC filed a petition under Chapter 11, Subchapter
V of the Bankruptcy Code (Bankr. D. Nevada Case No. 25-50960) on
October 13, 2025, with $50,001 to $100,000 in assets and $100,001
to $500,000 in liabilities. Edward Burr of Mac Restructuring
Advisors, LLC serves as Subchapter V trustee.
Judge Hilary L. Barnes presides over the case.
Kevin A. Darby, Esq., at Darby Law Practice, Ltd. represents the
Debtor as bankruptcy counsel.
STRATEGY INC: S&P Assigns 'B-' Issuer Credit Rating, Outlook Stable
-------------------------------------------------------------------
S&P Global Ratings assigned its 'B-' issuer credit rating to
Strategy Inc (formerly named MicroStrategy Incorporated). The
outlook is stable.
Strategy Inc is a bitcoin treasury company that uses proceeds from
the issuance of equity and debt financings to accumulate bitcoin on
its balance sheet. The company's securities provide investors
varying degrees of exposure to bitcoin across its capital
structure. The company also has a relatively small software
business that provides AI-powered enterprise analytics.
S&P views Strategy's high bitcoin concentration, narrow business
focus, weak risk-adjusted capitalization, and low U.S. dollar
liquidity as weaknesses. These are only partially offset by the
company's strong access to capital markets and prudent management
of its capital structure, including maintaining no maturities in
the next 12 months and financing its business primarily with
equity.
S&P said, "Our ratings on Strategy incorporate our view of the
company's narrow business focus, high bitcoin concentration, low
U.S. dollar liquidity, and very weak risk-adjusted capital offset,
only partially by Strategy's strong access to capital markets and
prudent management of its capital structure.
"The company's concentration in bitcoin is key to its strategy and
will likely continue to weigh on our ratings. Strategy's treasury
reserve strategy gives indirect exposure to bitcoin to investors
who can't have or prefer to avoid direct exposure to bitcoin. While
the strategy is public and easily replicable, the company is unique
in its scale, and investors have ready access to invest in its
convertible debt, preferred equity, and common stock." Replication
of this strategy would likely pressure the multiples at which
company's securities are valued, but higher bitcoin demand from new
entrants would also likely be a tailwind to bitcoin valuations.
The strategy also creates an inherent currency mismatch: The
company has a long bitcoin position and a short U.S. dollar
position. Debt maturities, interest on the company's debt, and
dividends on its preferred securities are all due in dollars, while
Strategy holds mostly bitcoin. While the company maintains some
balance of dollars on its balance sheet, it mostly uses this cash
for operational purposes to support its software business. It
invests any excess cash into bitcoin. The concentration in bitcoin
also exposes Strategy to potential regulatory changes in the
treatment of bitcoin that could be detrimental to its business
model.
S&P said, "We believe the company's negative total adjusted capital
is a significant ratings constraint based on our treatment of its
bitcoin assets in our calculation of risk-adjusted capital (RAC) .
As of June 30, 2025, Strategy's RAC ratio was significantly
negative, which drives our view of the company's capital and
earnings. Because we deduct bitcoin assets from equity when we
calculate adjusted common equity, the company has negative total
adjusted capital of as of second-quarter 2025. We take this
approach because we believe bitcoin has significant market risk
that is uncorrelated to traditional market risks. Because most of
the company's assets are in bitcoin, and its bitcoin holdings are
likely to continue to grow materially, we are likely to continue to
view capital as a weakness.
"The ratings also reflect the firm's lack of operating cash flow
generation. Cash flow from operations for the first six months of
2025 was negative $37 million. The company's main source of
earnings is appreciation in the value of its bitcoin holdings. Its
bitcoin assets do not generate cash flows, and its software
business is approximately breakeven on an earnings and operating
cash flow basis. We think this is unlikely to change in the
foreseeable future. For the first six months of 2025, Strategy
reported $8.1 billion of earnings before taxes, of which just over
$8.1 billion was from the appreciation in fair value of its bitcoin
holdings.
"While there are inherent risks from the inherent currency mismatch
and cybersecurity, we believe our view of capital captures these
risks. Due to the company's concentration in bitcoin assets, we
view cybersecurity risk as heightened. If private keys for digital
wallets are lost, stolen, or destroyed, the company may be unable
to access at least some of its bitcoin. Strategy mitigates some of
this risk by holding bitcoin across multiple U.S.-based
institutional-grade custodians, though bitcoin holdings may
sometimes be concentrated in a single custodian. As of Dec. 31,
2024, the company disclosed that the insurance that covers losses
of its bitcoin covers only a small fraction of the value of its
total holdings. However, the company negotiates liability
provisions in its custodial contracts pursuant to which its
custodians are held liable for their failure to safekeep its
bitcoin."
The company maintains strong access to capital markets, though this
could change in a severe bitcoin stress. Strategy's stock has a
market cap of approximately $80 billion, while it has issued almost
$15 billion in combined notional value of convertible debt and
preferred equity. However, the company will likely keep relying on
its ability to raise additional capital via stock, preferred
equity, and convertible debt to finance additional purchases of
bitcoin, meet debt maturities, and to cover debt service costs. S&P
said, "We view this as a weakness, particularly since the company
is reluctant to sell bitcoin it holds as investments. In our view,
this increases the likelihood that when the company does have to
sell bitcoin to generate cash as a last resort, it is likely to do
so at severely depressed prices."
S&P said, "There are liquidity risks, in our view, from the
company's convertible debt. Strategy has just over $8 billion in
notional value of convertible debt, of which $5 billion is
currently out of the money (has not met the conversion price) and
maturing beginning in 2028. We think there is a risk that the
convertible debt will become due at the same time as a severe
bitcoin stress, leading to liquidation of the company's bitcoin at
depressed prices or a restructuring of its convertible debt or
preferred equity that we would consider tantamount to default. That
said, the company may settle conversion obligations in cash, shares
of its class A common stock, or a combination of both."
In addition, the company has historically managed convertible debt
maturities prudently, and it holds bitcoin with a fair value that
is multiples of its outstanding convertible debt. Currently, the
company's bitcoin has a fair value of approximately $70 billion,
and the nearest convertible debt maturity is 2028 (with a
noteholder put right in September 2027).
S&P said, "We see some liquidity risk from dividends owed on the
company's preferred dividends. As of Oct. 20, 2025, total preferred
dividends based on the company's outstanding preferred equity
totaled just over $640 million per year. Coupons owed on Strategy's
convertible debt are much smaller, at approximately $35 million per
year. The company expects to complete at-the-market issuances of
preferred and common equity to fund these payments."
While the company can defer dividends on all four tranches of its
preferred equity, it does not intend to defer dividends, and there
are disincentives to deferring. For example, of its three
outstanding series of preferred equity with cumulative dividends
(Strife, Stretch, and Strike), two of those classes (Strife and
Strike) each entitle preferred equity holders to a board seat if
dividends are deferred for four consecutive quarters and an
additional board seat if dividends on the applicable class are
deferred for eight consecutive quarters. In addition, the company's
Strife preferred equity earns interest on deferred dividends at a
compounded dividend rate that is higher than the regular rate. The
dividends owed on the company's preferred equity are very small
relative to the current fair value of the company's bitcoin
holdings.
S&P said, "The stable outlook reflects our expectation that
Strategy will continue to prudently manage maturities of its
convertible debt. We also expect the company will continue to
finance payments of its convertible debt and preferred stock
dividends via issuances of debt, preferred equity, and equity while
maintaining strong capital markets access. We also do not assume
any meaningful regulatory actions that could materially hamper
Strategy's business model in our base case."
Over the next 12 months, S&P could lower the rating if:
-- Strategy's access to capital markets is impeded either due to a
marked deterioration in bitcoin valuation or for any other reason;
or
-- S&P believes there is increased risk that the company will not
be able to manage maturities of out-of-the-money convertible debt.
An upgrade is unlikely in the next 12 months. Over the longer term,
S&P could raise the ratings if:
-- S&P expects the company to improve U.S. dollar liquidity;
-- Strategy reduces its use of convertible debt; and
-- The company continues to demonstrate strong access to capital
markets even during a bitcoin stress.
SYNERGY MEDICAL: Unsecureds to Split $120K Dividend in Plan
-----------------------------------------------------------
Synergy Medical Services, LLC, filed with the U.S. Bankruptcy Court
for the Northern District of Florida an Amended Plan of
Reorganization dated October 17, 2025.
The Debtor operates a home healthcare services business in the
Florida panhandle region.
The Debtor filed this case in an attempt to reorganize its business
affairs. After one of the Debtor's original owners and primary
operator (Barry Goggans) passed, the Debtor's other owner, James
Young, stepped into the active role in running the day-to day
operations of the company. The COVID-19 pandemic impacted the
Debtor's operations as have delays in receiving payments from
insurance companies and overstaffing. The Debtor then took out
merchant cash advance loans to fund operations, which further
impacted its cash flow.
While the Debtor has experienced financial issues, the Debtor
strongly believes there is a path to a successful reorganization in
this case. The Debtor has adjusted its payroll to manageable
numbers to make the Debtor profitable again. The income from the
Debtor's continued operations will fund this Plan.
This Plan of Reorganization proposes to pay creditors of the Debtor
out of cash flow from the normal operations of the Debtor's
business. The Sole-owner of the Debtor, James Young, will remain in
that role post-confirmation.
This Plan provides for the payment of one class of secured claims,
one class of general unsecured claims, and one class of equity
security holders. This Plan provides for the payment of
administrative and priority claims in full.
Class 2 consists of General Unsecured Claims. The class of general
unsecured claims shall receive a total dividend of $120,000.00 paid
pro-rata amongst the creditors in this class. Installment payments
(to be distributed pro rata) in the amount of $6,000.00 shall
commence on the fifteenth day of the month, on the first month that
begins more than ninety days after the Effective Date and shall
continue every ninety days thereafter for nineteen additional
payments.
General unsecured creditors in Class 2 include U.S. Small Business
Administration: $1,210,000.00; Fox Funding Group, LLC: $67,889.87;
McKesson Medical-Surgical Minnesota Supply, Inc.: $5,670.19; CFG
Merchant Solutions, LLC: $15,450.50; Funding Metrics LLC:
$29,444.40; and Revenued, LLC: $53,343.62.
Class 3 consists of Equity Security Holder James Young. The equity
security holder will retain his ownership interest in the Debtor
postconfirmation.
The Debtor shall fund its Plan from the continued operations of its
business.
A full-text copy of the First Amended Plan dated October 17, 2025
is available at https://urlcurt.com/u?l=WsUVrq from
PacerMonitor.com at no charge.
About Synergy Medical Services
Synergy Medical Services, LLC, provides home healthcare services
across Florida. The Company offers skilled nursing, specialized
nursing services, physical therapy, and home health aides. Its team
of registered nurses and therapists delivers in-home care focused
on professional, round-the-clock support.
Synergy Medical Services sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Fla. Case No.
25-30599) on June 27, 2025. In its petition, the Debtor reports
estimated assets between $100,000 and $500,000 and estimated
liabilities between $1 million and $10 million.
Bankruptcy Judge Karen K. Speci handles the case.
The Debtor is represented by:
Robert C. Bruner, Esq.
Bruner Wright, P.A.
Tel: 850-385-0342
Email: rbruner@brunerwright.com
Byron Wright, III
Bruner Wright, P.A.
Tel: 850-385-0342
Email: twright@brunerwright.com
TALPHERA INC: Purchasers Waive Conditions to Close $1.6M Placement
------------------------------------------------------------------
As previously disclosed, on March 31, 2025, Talphera, Inc. entered
into a securities purchase agreement with several institutional
investors and a member of management, relating to the issuance and
sale in a private placement in three separate tranches of:
(i) shares of its common stock, par value $0.001 per share
and
(ii) pre-funded warrants to purchase shares of common stock.
The first closing of the private placement occurred on April 2,
2025.
On October 21, 2025, certain Purchasers waived the conditions of
subsections 2.3(a)(i) and 2.4(a)(i) of the Purchase Agreement to
effect both the second closing and third closing of the private
placement with respect to such Purchasers only, and the Company
issued and sold to such Purchasers:
* 1,023,890 shares of common stock at a purchase price of
$0.586 per share; and
* Pre-funded warrants at a purchase price of $0.585 per
pre-funded warrant to purchase up to an aggregate of 1,706,484
shares of common stock at an exercise price of $0.001 per share.
The pre-funded warrants will be exercisable immediately following
the Optional Closing and have an unlimited term and an exercise
price of $0.001 per share.
The aggregate gross proceeds to Talphera from Optional Closing of
the private placement were approximately $1.6 million, and
excluding the proceeds, if any, from the exercise of the pre-funded
warrants issued at the Optional Closing.
The Purchase Agreement contains customary representations,
warranties and agreements by Talphera, customary conditions to
closing, and indemnification obligations of Talphera and the
Purchasers. The representations, warranties and covenants contained
in the Purchase Agreement were made only for purposes of the
Purchase Agreement and as of a specific date, were solely for the
benefit of the parties to the respective Purchase Agreement, and
may be subject to limitations agreed upon by the contracting
parties.
The forms of Purchase Agreement and pre-funded warrant are filed as
Exhibits 10.1 and 10.3, respectively, to the Report on Form 8-K
(001-35608) filed with the Securities Exchange Commission, or the
SEC, on April 2, 2025. The foregoing descriptions of the terms of
the Purchase Agreement and the pre-funded warrants, are qualified
in their entirety by reference to such exhibits.
Registration Rights Agreement:
As previously disclosed, on March 31, 2025, we also entered into a
registration rights agreement with the Purchasers, or the
Registration Rights Agreement, pursuant to which we have agreed to
file registration statements under the Securities Act of 1933, as
amended, or the Securities Act, with the SEC, covering the resale
of the shares of common stock to be issued in the private placement
and the shares of common stock underlying the pre-funded warrants
no later than 15 days following the applicable closing date, and to
use reasonable best efforts to have the registration statement
declared effective as promptly as practical thereafter, and in any
event no later than 90 days following the applicable closing date
in the event of a "full review" by the SEC.
The form of Registration Rights Agreement is filed as Exhibit 10.2
to the Report on Form 8-K (001-35608) filed with the Securities
Exchange Commission on April 2, 2025. The foregoing description of
the terms of the Registration Rights Agreement is qualified in its
entirety by reference to such exhibit.
Sale of Unregistered Securities:
Based in part upon the representations of the Purchasers in the
Purchase Agreement, the offering and sale of the securities were
offered and sold in a private placement under Section 4(a)(2) of
the Securities Act of 1933, as amended, or the Securities Act, and
Regulation D promulgated thereunder, and have not been registered
under the Securities Act, or applicable state securities laws.
Accordingly, such securities may not be offered or sold in the
United States except pursuant to an effective registration
statement or an applicable exemption from the registration
requirement of the Securities Act and such applicable state
securities laws.
Neither this Current Report on Form 8-K nor any exhibit attached
hereto is an offer to sell or the solicitation of an offer to buy
shares of common stock or other securities of Talphera.
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 June 30, 2025, Talphera had $16.52 million in total assets,
$9.89 million in total liabilities, and $6.63 million in total
stockholders' equity.
TALPHERA INC: Regains Compliance With Nasdaq's Minimum Bid Rule
---------------------------------------------------------------
As previously announced, on December 6, 2024, the Listing
Qualifications Staff, or the Staff, of the Nasdaq Stock Market
notified Talphera, Inc. that the bid price for its common stock had
closed below $1.00 per share for 30 consecutive business days and,
as a result, the Company no longer satisfied Nasdaq Listing Rule
5450(a)(1), the minimum bid price requirement applicable to The
Nasdaq Global Select Market issuers.
Pursuant to Nasdaq Listing Rule 5810(c)(3)(A), the Company was
afforded an initial 180-calendar day grace period, through June 4,
2025, to regain compliance with the minimum bid price requirement.
Issuers listed on The Nasdaq Global Select Market are not eligible
for a second 180-day grace period under the Nasdaq Listing Rules.
However, based upon the Company's compliance with the various
criteria required under Nasdaq Listing Rule 5810(c)(3)(A)(ii) to
obtain a second 180-day grace period applicable to issuers listed
on The Nasdaq Capital Market, it applied and transferred the
listing of its common stock to The Nasdaq Capital Market at the
opening of business on May 30, 2025.
On June 5, 2025, the Company received a written notice from the
Staff granting Talphera an additional 180 days, until December 1,
2025, to regain compliance with the $1.00 bid price requirement, as
set forth in Nasdaq Listing Rule 5550(a)(2).
On October 20, 2025, the Company was notified that it had regained
compliance with such minimum price requirement, as the closing bid
price of our common stock had been at least $1.00 per share for a
minimum of 10 consecutive business days ending October 17, 2025.
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 June 30, 2025, Talphera had $16.52 million in total assets,
$9.89 million in total liabilities, and $6.63 million in total
stockholders' equity.
ULTIMATE PAVERS: Gets Final OK to Use Cash Collateral
-----------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division, issued a final order authorizing Ultimate Pavers, Inc. to
use cash collateral through the effective date of its forthcoming
reorganization plan.
The final order signed by Judge Catherine Peek McEwen 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 secured creditor TD Bank, N.A.
The Debtor was also authorized to pay project-related expenses
including labor, materials, permits, and equipment rentals for both
current and future jobs. For newly procured projects, expenditures
may not exceed 65% of projected project revenue, and the Debtor
must provide weekly reports to TD Bank summarizing actual and
anticipated project-related costs.
The order required Ultimate Pavers to meet all obligations of a
debtor-in-possession under the Bankruptcy Code, maintain adequate
insurance, and submit weekly reports detailing cash on hand,
accounts receivable, and budget variances. A revised budget
covering operations through plan effectiveness must be filed by
December 5.
TD Bank will be provided with adequate protection through
replacement liens and a requirement that, if cash and receivables
fall below $4,000, the Debtor must remit the shortfall within 14
days.
A copy of the final order and the Debtor's budget is available at
https://shorturl.at/HNom8 from PacerMonitor.com.
About Ultimate Pavers Inc.
Ultimate Pavers Inc. is a Tampa, Florida-based construction company
specializing in paving services (NAICS 2389).
Ultimate Pavers Inc. sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-05696) on
August 12, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $100,000 and $500,000 each.
Honorable Bankruptcy Judge Catherine Peek Mcewen handles the case.
The Debtor is represented by Andrew J. Wit, Esq. at Jennis Morse.
US MAGNESIUM: Committee Taps Cole Schotz P.C. as Counsel
--------------------------------------------------------
The official committee of unsecured creditors of US Magnesium LLC
and its affiliates seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to employ Cole Schotz P.C. as
counsel.
The firm's services include:
a. serving as Delaware co-counsel to the Committee;
b. providing legal advice with respect to the Committee's
powers, rights, duties and obligations in these Chapter 11 Cases;
c. assisting and advising the Committee in its consultations
with the Debtors regarding the administration of these Chapter 11
Cases;
d. assisting the Committee in reviewing and negotiating terms
for unsecured creditors with respect to (i) debtor in possession
financing and the use of cash collateral, (ii) any sale of the
Debtors' assets, including negotiating bid procedures and proposed
asset purchase agreements, (iii) confirmation of a chapter 11 plan,
and (iv) other requests for relief which would impact unsecured
creditors;
e. investigating the liens asserted by the Debtors' lenders
and any potential causes of action against the Debtors' lenders and
other parties in interest;
f. advising the Committee on the corporate aspects of these
Chapter 11 Cases and any plan(s) or other means to effect the
Debtors' liquidation that may be proposed in connection therewith
and participation in the formulation of any such plan(s) or means
of implementing the liquidation, as necessary;
g. taking all necessary actions to protect and preserve the
estates of the Debtors for the benefit of unsecured creditors,
including the investigation of the acts, conduct, assets,
liabilities and financial condition of the Debtors, the
investigation of the prior operation of the Debtors' businesses and
the investigation and prosecution of estate claims, causes of
action and any other matters relevant to these Chapter 11 Cases;
h. preparing on behalf of the Committee all necessary motions,
applications, complaints, answers, orders, reports, papers and
other pleadings and filings in connection with the Committee's
duties in these Chapter 11 Cases;
i. advising and representing the Committee in hearings and
other judicial proceedings in connection with all necessary
motions, applications, objections and other pleadings and otherwise
protecting the interests of those represented by the Committee;
and
j. performing all other necessary legal services as may be
required and authorized by the Committee that are in the best
interests of unsecured creditors.
The firm will be paid at these rates:
Members $595 to $1,575 per hour
Special Counsel $625 to $840 per hour
Associates $380 to $675 per hour
Paralegals $315 to $460 per hour
Litigation Support Specialists $425 to $535 per hour
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
The following is provided in response Paragraph D.1. of the Revised
UST Guidelines:
Question: Did you agree to any variations from, or alternatives
to, your standard or customary billing arrangements for this
engagement?
Response: No. Cole Schotz professionals working on this matter
will bill at their standard hourly rates.
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. If your billing rates and
material financial terms have changed post-petition, explain the
difference and the reasons for the difference.
Response: Cole Schotz did not represent the Committee during
the 12 months preceding the filing of the Chapter 11 Cases.
Question: Has your client approved your prospective budget and
staffing plan, and, if so for what budget period?
Response: Cole Schotz expects to develop a prospective budget
and staffing plan to reasonably comply with the U.S. Trustee's
request for information and additional disclosures, as to which
Cole Schotz reserves all rights.
Mr. Alberto 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:
Justin R. Alberto, Esq.
Cole Schotz P.C.
500 Delaware Avenue, Suite 600
Wilmington, DE 19801
Telephone: (302) 652-3131
Facsimile: (302) 652-3117
Email: jalberto@coleschotz.com
About US Magnesium LLC
US Magnesium LLC is a magnesium producer based in Salt Lake City,
Utah.
US Magnesium LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-11696) on September 10,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100 million and $500 million each.
Judge Brendan Linehan Shannon oversees the case.
The Debtor tapped Michael Busenkell, Esq., at Gellert Seitz
Busenkell & Brown, LLC as counsel; Carl Marks Advisory Group LLC as
restructuring advisor; and SSG Advisors, LLC as investment banker.
Stretto, Inc. is the Debtor's claims and noticing agent.
US MAGNESIUM: Committee Taps Eversheds Sutherland as Co-Counsel
---------------------------------------------------------------
The official committee of unsecured creditors of US Magnesium LLC
and its affiliates seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to employ Eversheds Sutherland (US)
LLP as its co-counsel.
The firm's services include:
a. rendering legal advice regarding the Committee's
organization, duties, and powers in this Chapter 11 Case;
b. assisting the Committee in investigating the acts, conduct,
assets, liabilities, and financial condition of the Debtor;
c. participating in the Debtor's proposed sale processes for
substantially all of their assets and advising the Committee with
respect to the same;
d. analyzing any chapter 11 plan and related disclosure
statement filed by the Debtor;
e. attending meetings of the Committee and meetings with the
Debtor, the DIP Lender, Renco, and their attorneys and other
professionals, and participating in negotiations with these
parties, as requested by the Committee;
f. taking all necessary action to protect and preserve the
interests of the Committee, including the possible prosecution of
actions on its behalf and investigations concerning litigation in
which the Debtor or its insiders are involved;
g. assisting the Committee with respect to communications with
the general unsecured creditor body about significant matters in
this Chapter 11 Case;
h. reviewing, analyzing, and, where necessary, challenging,
claims filed against the Debtor's estate and alleged liens on
assets of the bankruptcy estate;
i. representing the Committee in hearings before the Court,
appellate courts, and other courts in which matters may be heard,
and representing the interests of the Committee before those
courts;
j. assisting the Committee in preparing all necessary motions,
applications, responses, reports, and other pleadings in connection
with the administration of this Chapter 11 Case; and
k. providing such other legal assistance as the Committee may
deem necessary and appropriate.
The firm will be paid at these hourly rates:
Partners $865 to $1,985
Counsel, Of Counsel &
Senior Counsel $800 to $1,250
Associates $505 to $935
Other Professionals $75 to $590
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
In order to comply with the United States Trustees' Appendix B, as
required to be answered in all applications for employment filed
under section 327 or 1103 of the Bankruptcy Code, I make the
following disclosures:
a. Eversheds did not agree to a variation of its standard or
customary billing arrangements for this engagement;
b. none of the professionals included in this engagement have
varied their rate based upon the geographic location of the Chapter
11 Cases;
c. the e Committee retained Eversheds on Sep. 24, 2025. The
billing rates for the 2025 year prior to this application are the
same as indicated in this Application;
d. Eversheds anticipates filing a budget at the time it files
its interim fee applications. In accordance with the United States
Trustee Guidelines, the budget may be amended as necessary to
reflect changed circumstances or unanticipated developments.
Mr. Meyers 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:
Todd C. Meyers, Esq.
Eversheds Sutherland (US) LLP
999 Peachtree Street NW, Suite 2300
Atlanta, GA 30309
Telephone: (404) 868 -6645
Email: ToddMeyers@eversheds-sutherland.com
About US Magnesium LLC
US Magnesium LLC is a magnesium producer based in Salt Lake City,
Utah.
US Magnesium LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-11696) on September 10,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100 million and $500 million each.
Judge Brendan Linehan Shannon oversees the case.
The Debtor tapped Michael Busenkell, Esq., at Gellert Seitz
Busenkell & Brown, LLC as counsel; Carl Marks Advisory Group LLC as
restructuring advisor; and SSG Advisors, LLC as investment banker.
Stretto, Inc. is the Debtor's claims and noticing agent.
US MAGNESIUM: Committee Taps Province LLC as Financial Advisor
--------------------------------------------------------------
The official committee of unsecured creditors of US Magnesium LLC
and its affiliates seeks approval from the U.S. Bankruptcy Court
for the District of Delaware to employ Province, LLC as its
financial advisor.
The firm's services include:
a. becoming familiar with and analyzing the Debtor's DIP
budget, assets and liabilities, and overall financial condition;
b. reviewing financial and operational information furnished
by the Debtor;
c. monitoring the sale process, interfacing with the Debtor's
professionals, and advising the Committee regarding the process;
d. scrutinizing the economic terms of various agreements,
including, but not limited to, various professional retentions;
e. analyzing the Debtor's proposed business plan and
developing alternative scenarios, if necessary;
f. assessing the Debtor's various pleadings and proposed
treatment of unsecured creditor claims therefrom;
g. assisting the Committee's investigation of the acts,
conduct, assets, liabilities and financial condition of the Debtor
and its affiliates, including certain transactions preceding the
bankruptcy filing and the formation of the Debtor;
h. analyzing claims against the Debtor and non-Debtor
affiliates;
i. assisting and advising the Committee and counsel regarding
the identification and prosecution of estate claims, including in
connection with any issues regarding the filing of the Case and the
propriety of the filing;
j. assisting and advising the Committee in its review and
analysis of, and negotiations with the Debtor and non-Debtor
affiliates related to, intercompany transactions and claims;
k. preparing, or reviewing as applicable, avoidance action and
claim analyses;
l. assisting the Committee in reviewing the Debtor's financial
reports, including, but not limited to, statements of financial
affairs, schedules of assets and liabilities, DIP budgets, and
monthly operating reports;
m. advising the Committee on the current state of this chapter
11 case;
n. preparing and updating waterfall analyses and the
components thereof for the Committee to analyze potential claims
recoveries under various scenarios;
o. advising the Committee in negotiations with the Debtor and
third parties as necessary;
p. if necessary, participating as a witness in hearings before
the Court with respect to matters upon which Province has provided
advice; and
q. other activities as are approved by the Committee, the
Committee's counsel, and as agreed to by Province.
Province's current standard hourly rates are:
Managing Directors and Partners $850 to $1,450
Vice Presidents, Directors,
and Senior Directors $700 to $1,050
Analysts, Associates,
and Senior Associates $350 to $825
Paraprofessional / Admin $270 to $450
In addition, the firm will seek reimbursement for its out-of-pocket
expenses.
Paul Navid, a partner at Province, 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:
Paul Navid, Esq.
Province, LLC
2360 Corporate Circle, Suite 340
Henderson, NV 89074
Tel: (702) 685-5555
About US Magnesium LLC
US Magnesium LLC is a magnesium producer based in Salt Lake City,
Utah.
US Magnesium LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-11696) on September 10,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $100 million and $500 million each.
Judge Brendan Linehan Shannon oversees the case.
The Debtor tapped Michael Busenkell, Esq., at Gellert Seitz
Busenkell & Brown, LLC as counsel; Carl Marks Advisory Group LLC as
restructuring advisor; and SSG Advisors, LLC as investment banker.
Stretto, Inc. is the Debtor's claims and noticing agent.
VG ENTERPRISE: S&P Assigns 'B+' ICR, Outlook Stable
---------------------------------------------------
S&P Global Ratings assigned its 'B+' issuer credit rating to VG
Enterprise Holdings LLC (d/b/a VoltaGrid), a Texas-based provider
of behind-the-meter power solutions.
S&P said, "We are also assigning our 'B+' issue rating and '4'
recovery rating to the company's $2 billion senior secured
second-lien note due 2030, indicating our view that lenders will
have average (30%-50%; rounded estimate: 30%) recovery in the event
of default.
"The stable outlook reflects our expectation that VoltaGrid will
maintain a liquidity buffer of at least $500 million as it
continues scaling its infrastructure for its recent customer
contracts over the next year and further assumes that the revenue
visibility from these take-or-pay contracts will support continued
growth and a gradual strengthening of its credit metrics throughout
2026 and 2027 as it starts to recognize rising revenue and EBITDA
contributions from them. In our forecast, we project the company's
FFO-to-debt ratio to increase above 12% and its CFO-to-debt ratio
to reach 10%–15% by 2027, which is a level we consider consistent
with the current rating level."
VoltaGrid's early-mover advantage in the behind-the-meter market
with strong demand, and the scale of its recently awarded Frontier
data center contract will support its leadership position. S&P
said, "We view Voltagrid as a leading power-as-a-service provider,
supported by a fully contracted fleet of more than 4,350 megawatts
of power generation capacity and a compressed natural gas (CNG)
distribution operation. We believe this position reflects the
company's early-mover advantage in the distributed power market,
the highly mobile and modular nature of its asset base, and its
proprietary ecosystem—which includes intellectual property such
as QPac and exclusive arrangements for specified proportions of
capacity, including its service partnership with Jenbacher's
original equipment manufacturer (OEM) platform for critical inputs
such as engines, as well as its comprehensive service offering that
spans design, procurement, installation, operations, and
maintenance."
S&P said, "We believe these offerings are particularly relevant
given the increasingly constrained U.S. power grid, which we expect
will be further strained by accelerating load requirements
associated with digital commerce and the rapid growth in AI-driven
data center demand. In our view, the expanding timeframe for
greenfield grid connections, combined with VoltaGrid's exclusive
supply chain relationships that drive cost efficiencies and enable
the company to maintain short lead times, increases the
attractiveness of its solutions." This is important as data centers
seek reliable, cost-competitive, and sustainable solutions to
address their stringent and growing power requirements. The size
and duration of the take-or-pay contracts VoltaGrid received from
Vantage Data Centers and Oracle validate this view.
Voltagrid's long-term take-or-pay contracts provide performance
visibility, offset capital intensity, and support our expectations
of stronger credit metrics starting 2027. The company's operating
model is capital-intensive following new contract wins. It must
purchase and build out equipment to meet customers' needs—a
process that can take six to 12 months--before any significant
revenue is generated. Still, the visibility VoltaGrid has from
serving a significant proportion of customers under sizable and
growing proportions of long-term contractual revenue commitments
with investment-grade counterparties helps mitigate this risk.
These contracts are typically noncancelable except for
nonperformance, and increasingly include inflation protection while
shifting commodity price risk to customers. Such contracts provide
significant visibility into future earnings and cash flow, given
revenues are recognized ratably over the contract term, with high
depreciation and modest operating costs.
S&P said, "In our base case, we project elevated capital spending
to operationalize the Frontier contract and limited near-term
revenue conversion, resulting in a sizeable free cash flow deficit
and weaker credit metrics in 2026. However, starting in 2027, when
most buildings under the Frontier contract become operational,
ratably recognized revenues reach run-rate levels that constitute
the bulk of the annual contract value, and are accompanied by high
depreciation and modest operating costs; we project VoltaGrid's
credit metrics and cash flow will then strengthen meaningfully.
Specifically, we project FFO to debt of about 10.5% in 2025, 8.5%
in 2026, and 20% in 2027, and CFO to debt of about 21.2%, 9.5%, and
12.8%, respectively.
"VoltaGrid's ability to realize the benefits we anticipate, along
with its future operating prospects, still hinges on the company
completing its large-scale buildouts over the next two years. We
believe that VoltaGrid's company's modular technology is
transferable to data centers. However, the company has a limited
operating history. It was founded in 2020 and only recently began
focusing on power generation solutions for the data center market.
It historically served energy, mining, and utility customers
through mobile microgrids."
Additionally, the Oracle contract awarded this month, is a
substantial undertaking that will require significant time and
resources to implement. Beyond the reputational risk posed by an
inability to perform, data center contracts typically have more
stringent performance standards and unique demands for
uninterrupted, reliable, and high-quality power, which could expose
the company to fines or penalties if it fails to meet contractual
requirements.
S&P said, "While the company has yet to demonstrate an operating
track record at the scale implied by these recent awards, our base
case assumes it will do so without material delays or
underperformance. This view incorporates the company's partnerships
with Jenbacher, access to additional capacity, and collaborations
with leading engineering, procurement, and construction (EPC)
firms, including Quanta and Burns & McDonnell for field work and
engineering. These factors help to mitigate execution, procurement,
and assembly risks. We also consider VoltaGrid's record of
providing Halliburton with a comparable level of power capacity, as
well as the timeframe in which VoltaGrid successfully ramped up the
data center contract with Vantage."
High customer concentration and VoltaGrid's very limited geographic
diversity beyond its core Texas and Permian Basin markets remain
risks. VoltaGrid's efforts to expand its presence in the data
center and industrial power generation sectors, both domestically
and internationally, are key pillars of its growth strategy. Recent
agreements with Vantage and Oracle enhance customer
diversification. However, despite these wins—which have helped
expand the size and extend the duration of future contracted
revenue—its revenue base remains highly concentrated among a
small group of customers, including ExxonMobil, Chevron,
ConocoPhillips, BP, Oxy, and Diamondback Energy. S&P said, "We view
VoltaGrid's recently announced partnership with Halliburton, as a
strategic step toward international expansion. VoltaGrid can
leverage Halliburton's global expertise, workforce, and logistics
network, particularly in the Middle East, to extend its integrated
power and fuel distribution model to similar markets. While this
collaboration likely provides a capital-efficient and de-risked
approach to growth, we would expect revenue from projects in new
geographies to ramp up gradually over the next few years."
Secular trends, VoltaGrid's procurement model, and its key source
of power are all beneficial; but they could emerge as threats in
the future. Given attractive growth prospects and low barriers to
entry, S&P expects new entrants—such as independent power
producers and other midstream energy firms--to seek to replicate
aspects of Voltagrid's model. This could create a more fragmented
and competitive market, potentially leading to excess supply and
pricing pressure.
Increased competition may also extend equipment procurement lead
times and drive up equipment costs. This could lead to a higher
degree of speculative purchasing or workforce constraints,
especially the scarcity of skilled mechanics needed to deploy and
maintain equipment. These factors could become a hurdle for growth
beyond existing contracts. Moreover, VoltaGrid's significant
reliance on natural gas-fueled generation exposes it to
environmental and regulatory risks and may require investments in
alternative fuels. Differences in regulatory environments,
permitting requirements, and access to qualified labor could also
pose challenges.
S&P said, "The stable outlook reflects our expectation that
VoltaGrid will maintain a liquidity buffer of at least $500 million
as it continues scaling its infrastructure for its recent customer
contracts over the next year and further assumes that the revenue
visibility from these take-or-pay contracts will support continued
growth and a gradual strengthening of its credit metrics throughout
2026 and 2027 as it starts to recognize rising revenue and EBITDA
contributions from them. In our forecast, we project the company's
FFO-to-debt ratio to increase above 12% and its CFO-to-debt ratio
to reach 10%–15% by 2027, which is a level we consider consistent
with the current rating level.
"We could lower our ratings on VoltaGrid if we expect the company's
total liquidity (cash plus ABL availability) to fall below $500
million or the FFO-to-debt ratio to deteriorate and remain below
12%." This could occur if.
-- Execution risks in scaling data-center contracts materialize,
resulting in the company's inability to deliver contracted power
within the agreed-upon parameters. This would weaken VoltaGrid's
operating performance and prevent credit metrics from aligning with
our base-case expectations; or
-- The company secures additional large, long-term contracts that
necessitate significant capex and debt financing, resulting in
continued free cash flow deficits.
S&P could raise its ratings on VoltaGrid if:
-- The company materially outperforms our base-case forecast
assumptions, and establishes a track record within a shorter time
horizon of sustaining ratios of FFO to debt and of OCF to debt in
the high-teens percent range; and
-- It can improve its customer and geographic diversification of
its revenue streams through additional long-term contracts with new
creditworthy clients across new geographies.
VIEWBIX INC: Nissim Daniel Holds 5.72% Equity Stake
---------------------------------------------------
Nissim Daniel, disclosed in a Schedule 13G filed with the U.S.
Securities and Exchange Commission that as of June 11, 2025, he
beneficially owns 609,920 shares of common stock, $0.0001 par value
per share, of Viewbix Inc.'s common stock, representing 5.72% of
the 10,649,816 shares of common stock outstanding, as reported by
the Company in its Quarterly Report on Form 10-Q filed on August
19, 2025.
Nissim Daniel may be reached at:
5 Harav Levin Street
Ramat Gan, Israel 5226039
A full-text copy of Nissim Daniel's SEC report is available at:
https://tinyurl.com/9akdzcxb
About Viewbix
Headquartered in Ramat Gan, Israel, Viewbix and its subsidiaries,
Gix Media and Cortex Media Group Ltd., operate in the field of
digital advertising. The Group has two main activities that are
reported as separate operating segments: the search segment and the
digital content segment. The search segment develops a variety of
technological software solutions, which perform automation,
optimization, and monetization of internet campaigns, for the
purposes of obtaining and routing internet user traffic to its
customers. The search segment activity is conducted by Gix Media.
The digital content segment is engaged in the creation and editing
of content, in different languages, for different target audiences,
for the purposes of generating revenues from leading advertising
platforms, including Google, Facebook, Yahoo and Apple, by
utilizing such content to obtain and route internet user traffic
for its customers. The digital content segment activity is
conducted by Cortex.
Tel Aviv, Israel-based Brightman Almagor Zohar & Co., the Company's
auditor since 2012, issued a "going concern" qualification in its
report dated March 21, 2025, citing that the decrease in revenues
and cash flows from operations may result in the Company's
inability to repay its debt obligations during the 12-month period
following the issuance date of these financial statements. These
conditions raise a substantial doubt about the Company's ability to
continue as a going concern.
As of June 30, 2025, Viewbix had $22.1 million in total assets
against $14.8 million in total liabilities.
WELL RUN LLC: Gets Interim OK to Use Cash Collateral Until Nov. 2
-----------------------------------------------------------------
Well Run, LLC received interim approval from the U.S. Bankruptcy
Court for the Northern District of Alabama, Northern Division, to
use cash collateral to fund operations.
The court authorized the Debtor to use cash collateral consistent
with its budget through the close of business on November 2, unless
extended by a separate court order.
As adequate protection, United Community Bank, Inc., formerly
Progress Bank, and other secured creditors with a lien on the cash
collateral will be granted replacement liens on assets owned by the
Debtor, including cash collateral generated after the bankruptcy
filing.
These replacement liens will have the same validity, priority,
nature and extent as the secured creditors pre-bankruptcy liens and
are subordinate only to the fee carveout.
The next hearing is scheduled for November 3.
The interim order is available at https://is.gd/iV85aF from
PacerMonitor.com.
Well Run, an Alabama-based company operating a coffee café since
2018, aims to stabilize its finances post-bankruptcy by meeting
operating expenses and developing a feasible reorganization plan.
The Debtor said that United Community Bank, Inc., the holder of a
pre-bankruptcy secured loan of approximately $443,500, has a
first-position lien on all the Debtor's tangible and intangible
personal property, including receivables and deposit accounts.
Although other creditors may claim subordinate interests, United
Community Bank is identified as the primary secured creditor in the
cash collateral.
The Debtor argued that use of the cash collateral is essential for
its survival, especially to cover payroll, taxes, employee
benefits, operational costs, and other necessary business expenses,
all detailed in an attached budget.
About Well Run LLC
Well Run, LLC, doing business as Just Love Coffee Cafe, operates a
coffee café since 2018.
Well Run filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. N.D. Ala. Case No. 25-82131) on October 20,
2025, listing between $500,001 and $1 million in assets and between
$1 million and $10 million in liabilities. Linda Gore serves as
Subchapter V trustee.
Judge Clifton R. Jessup Jr. presides over the case.
Kevin D. Heard, Esq., and Angela Stewart Ary, Esq., at Heard, Ary &
Dauro, LLC represent the Debtor as legal counsel.
WESTERN SKY: Unsecured Creditors to Split $71K over 55 Months
-------------------------------------------------------------
Western Sky Hotshots, LLC filed with the U.S. Bankruptcy Court for
the District of Arizona a Plan of Reorganization under Subchapter V
dated October 17, 2025.
The Debtor is a Subcontractor specializing in dust control and road
construction. It has been contracting with various General
Contractors who work on ADOT projects since June of 2019.
In 2020 and 2021 work was slower due to Covid as only "Essential"
workers were allowed to continue to operate various projects.
During this time and in spite of it, Western Sky managed to hook up
with a new General Contractor who assisted in advancing the
business. This new contact advised Western Sky to become a
"Disadvantaged Business Entity" ("DBE") which would boost business
as general contractors tend to hire DBE companies first.
In January, 2025 Western Sky expected to return to its projects
however, in late December, 2024 it was notified by the General
Contractor for the I-17 project that Western Sky's trucks were no
longer needed for the project. Even though the decision of the
General Contractor was understandable, it put an abrupt stop to
Western Sky's work.
The promises Western Sky gave to its creditors relative to making
payments beginning in January were no longer possible. Creditors
lost patience and began to file lawsuits. This, in turn, forced
Western Sky to seek the protection of bankruptcy.
While 2025 started out as a bad year with contracts being postponed
or cancelled, starting in July, work has been coming in. The newest
contract is to work on the Kingman Exchange project which is
scheduled to be a five-year project. Two trucks began the project.
Subsequently, the General Contractor requested additional trucks
which have been provided thus giving the Debtor the ability to
reorganize.
Creditors holding allowed claims will receive distributions based
upon Debtor's projected net disposable income over a period not to
exceed a 55-month term.
Class 2 consists of General Unsecured Claims. All non-insider
allowed and approved claims under this Class shall be paid their
allowed claims from all funds available for distribution as set
forth in the Disbursement Schedule. The projected dividend listed
is to be paid over a period of fifty-five months, commencing in
month one of the Plan.
This dividend shall be reduced by the Court approved administrative
expense claims of the Debtor's counsel, Court appointed accounting
professional (if any) and the Chapter 11 Subchapter V Trustee to
the extent that said administrative expense claims exceed the
amounts listed in this Plan.
The Debtor may pre-pay any amounts due any creditor in this Class
prior to the due dates in the Plan of Reorganization without
penalty and without prior notice or Court approval unless otherwise
provided for in the Plan of Reorganization. This Class is impaired.
The allowed unsecured claims total $334,574.08 (without insider).
This Class will receive a distribution of $70,813.99.
Equity Holder shall retain its shareholder/membership interest in
the Debtor and the Debtor shall retain all legal and equitable
interest in assets of this estate as all reconciliation issues have
been met. Post Confirmation ownership and control shall remain with
the Equity Security Holders, Lonnie S. Green, James W. Green and
James W. Green III.
This is a 55-month Plan with a total projected Plan yield of
approximately $173,711.36. The total projected yield includes
payment of Administrative Expenses and Priority Tax Claims. Debtor
agrees that it will make payments of not less than $173,711.36 over
the life of the Plan which represents the Debtor's projected
disposable income for that time period as required under the Code.
A full-text copy of the Plan of Reorganization dated October 17,
2025 is available at https://urlcurt.com/u?l=4XHtvl from
PacerMonitor.com at no charge.
The Debtor's Counsel: Allan D. NewDelman, Esq.
ALLAN D. NEWDELMAN, P.C.
80 East Columbus Avenue
Phoenix, AZ 85012
Tel: 602-264-4550
Fax: 602-277-0144
E-mail: anewdelman@adnlaw.net
About Western Sky Hotshots LLC
Western Sky Hotshots, LLC provides general freight and construction
support services, including water truck operations, dust control,
and pilot car escort services. It operates in Arizona and
specializes in intrastate logistics and transportation.
Western Sky Hotshots sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Ariz. Case No. 25-06714) on
July 23, 2025. In its petition, the Debtor reported total assets of
$494,363 and total liabilities of $1,110,171.
Judge Daniel P. Collins handles the case.
The Debtor is represented by Allan D. NewDelman, Esq., at Allan D.
NewDelman, P.C.
YOXALL FAMILY LAW: Seeks Chapter 7 Bankruptcy in Georgia
--------------------------------------------------------
Yoxall Family Law LLC voluntarily filed for Chapter 7 bankruptcy in
the Northern District of Georgia on October 20, 2025. According to
the petition, the firm's liabilities range from $100,001 to $1
million. The filing notes that the company has between 1 and 49
creditors.
About Yoxall Family Law LLC
Yoxall Family Law LLC is a limited liability company.
Yoxall Family Law LLC sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-62150) on October 20,
2025. In its petition, the Debtor reports estimated assets up to
$100,000 and estimated liabilities between $100,001 and $1
million.
Honorable Bankruptcy Judge Paul W. Bonapfel handles the case.
The Debtor is represented by Charles M. Clapp of Law Offices Of
Charles Clapp, LLC./
[] SEDA Experts Adds Ankur Keswani, Bankruptcy & Credit Specialist
------------------------------------------------------------------
SEDA Experts LLC, a leading expert witness firm providing
world-class financial expert witness services, announced on Oct.
24, 2025, that Ankur Keswani joined the firm as Managing Director.
"Ankur brings extensive experience in dealing with critical
situations such as distressed credit, bankruptcy, and
restructuring. Her knowledge and experience will be of great value
to our clients in dispute and litigation contexts," said Sergio
Godinho, Managing Partner of SEDA Experts.
Ankur Keswani, former Head of Corporate Credit at Serengeti Asset
Management, is a seasoned credit investor and portfolio manager
with over twenty years of experience in high-yield and distressed
credit, special situations, bankruptcy and restructurings, and
post-reorganization equity investing. Her expertise spans risk and
portfolio management, credit research and trading, performing and
non-performing debt, leveraged loans, corporate valuation, credit
analysis, illiquid securities, and leveraged buyouts, as well as
board of directors' and officers' duties.
Ms. Keswani currently serves on the Board of Directors of Kennedy
Lewis Capital Company (KLCC), a publicly listed business
development company (BDC) focused on senior secured lending to U.S.
middle-market companies. She is a member of both the Audit
Committee and the Nominating and Governance Committee, and advises
the board on issues including credit markets, portfolio management,
and risk oversight.
From 2012 to 2020, Ms. Keswani served as Head of Corporate Credit
at Serengeti Asset Management, where she managed over $1 billion in
assets across stressed and distressed credit, special situations,
and post-bankruptcy equities. She was a member of the firm's
Investment Committee and Risk Committee, leading numerous
restructurings, liquidations, and post-reorganization investments.
Under her leadership, Serengeti's corporate credit portfolio
outperformed the distressed market by approximately 550 basis
points since inception.
Ms. Keswani joined Serengeti in 2008 as a Senior Managing Director
following eight years at Goldman Sachs, where she held senior roles
in both trading and research. From 2004 to 2007, she was a Vice
President in High Yield and Distressed Trading, making markets in
bonds and credit default swaps across healthcare, telecom, media,
utilities, and chemicals. Between 1999 and 2004, she was a senior
analyst on Goldman Sachs' High Yield and Distressed Research team,
ultimately leading the healthcare vertical and earning
Institutional Investor rankings in 2003 and 2004.
In 2017, Ms. Keswani was recognized among The Hedge Fund Journal's
Top 50 Women in Hedge Funds. She received her B.A. with Honors in
Philosophy, Politics, and Economics from the University of Oxford.
Ms. Keswani has been involved in several nonprofit boards,
including West Side Montessori School, WomanKind, and the American
Friends of St. Hilda's College, Oxford University.
About SEDA Experts LLC
SEDA is a leading expert witness firm specializing in financial
services. We support international law firms by offering the
highest level of expertise across the financial industry and
providing access to the most influential financial services
industry leaders. We provide superior independent advice, data
analytics, valuation, and elite expert reports and testimony
services to law firms, regulators, and leading financial
institutions.
*********
Monday's edition of the TCR delivers a list of indicative prices
for bond issues that reportedly trade well below par. Prices are
obtained by TCR editors from a variety of outside sources during
the prior week we think are reliable. Those sources may not,
however, be complete or accurate. The Monday Bond Pricing table
is compiled on the Friday prior to publication. Prices reported
are not intended to reflect actual trades. Prices for actual
trades are probably different. Our objective is to share
information, not make markets in publicly traded securities.
Nothing in the TCR constitutes an offer or solicitation to buy or
sell any security of any kind. It is likely that some entity
affiliated with a TCR editor holds some position in the issuers
public debt and equity securities about which we report.
Each Tuesday edition of the TCR contains a list of companies with
insolvent balance sheets whose shares trade higher than $3 per
share in public markets. At first glance, this list may look like
the definitive compilation of stocks that are ideal to sell short.
Don't be fooled. Assets, for example, reported at historical cost
net of depreciation may understate the true value of a firm's
assets. A company may establish reserves on its balance sheet for
liabilities that may never materialize. The prices at which
equity securities trade in public market are determined by more
than a balance sheet solvency test.
On Thursdays, the TCR delivers a list of recently filed
Chapter 11 cases involving less than $1,000,000 in assets and
liabilities delivered to nation's bankruptcy courts. The list
includes links to freely downloadable images of these small-dollar
petitions in Acrobat PDF format.
Each Friday's edition of the TCR includes a review about a book of
interest to troubled company professionals. All titles are
available at your local bookstore or through Amazon.com. Go to
http://www.bankrupt.com/books/to order any title today.
Monthly Operating Reports are summarized in every Saturday edition
of the TCR.
The Sunday TCR delivers securitization rating news from the week
then-ending.
TCR subscribers have free access to our on-line news archive.
Point your Web browser to http://TCRresources.bankrupt.com/and use
the e-mail address to which your TCR is delivered to login.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Troubled Company Reporter is a daily newsletter co-published
by Bankruptcy Creditors Service, Inc., Fairless Hills,
Pennsylvania, USA, and Beard Group, Inc., Philadelphia, Pa., USA.
Randy Antoni, Jhonas Dampog, Marites Claro, Joy Agravante,
Rousel Elaine Tumanda, Joel Anthony G. Lopez, Psyche A. Castillon,
Ivy B. Magdadaro, Carlo Fernandez, Christopher G. Patalinghug, and
Peter A. Chapman, Editors.
Copyright 2025. All rights reserved. ISSN: 1520-9474.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers. Information contained
herein is obtained from sources believed to be reliable, but is
not guaranteed.
The single-user TCR subscription rate is $1,400 for six months
or $2,350 for twelve months, delivered via e-mail. Additional
e-mail subscriptions for members of the same firm for the term
of the initial subscription or balance thereof are $25 each per
half-year or $50 annually. For subscription information, contact
Peter A. Chapman at 215-945-7000.
*** End of Transmission ***