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T R O U B L E D C O M P A N Y R E P O R T E R
Friday, December 26, 2025, Vol. 29, No. 359
Headlines
100 MCKNIGHT: Case Summary & Nine Unsecured Creditors
1291 BRITAIN: Claims to be Paid from Asset Sale Proceeds
30 EAST 40TH: Co-Executors Seeks Chapter 11 Trustee Appointment
7481 CAMPO: U.S. Trustee Unable to Appoint Committee
ABBA MEENA: Seeks Chapter 7 Bankruptcy in Texas
AGO 3 LOGISTICS: Seeks Chapter 7 Bankruptcy in Texas
AIR INDUSTRIES: Webster Bank Waives Defaults, Extends Loan to March
AKTIVATE INC: Voluntary Chapter 11 Case Summary
ALACHUA GOVERNMENT: Gets Court OK to Extend DIP Maturity Date
ALGORHYTHM HOLDINGS: Streeterville Holds 9.99% Equity Stake
AMERICAN PUBLIC: Moody's Upgrades CFR to B1, Outlook Stable
ANNALEE DOLLS: Feb. 3 Auction for Doll Business Assets
ANTHOLOGY INC: Unsecured Creditors to Get 0% in Joint Plan
ASHLEY STEWART: Court Dismisses Chapter 11 Case
ASN INVESTMENTS: Court Denies Bid to Use Cash Collateral
AVALON MOBILE: Fine-Tunes Plan Documents
BIOMERICA INC: Six Key Proposals Approved at Annual Meeting
BIOXCEL THERAPEUTICS: Five Key Proposals Approved at Annual Meeting
BLUE DUCK: Court Confirms First Amended Subchapter V Plan
BUCKINGHAM SENIOR: U.S. Trustee Appoints Susan Goodman as PCO
BUTTE PROPERTY: Hires Zink & Lenzi as Bankruptcy Counsel
CALIFORNIA PIZZA: Names New CEO, Secures Buyout Agreement
CAMP LOUEMMA: Seeks to Sell Sussex Properties at Auction
CCH JOHN EAGAN I: Gets Interim OK to Use Cash Collateral
CD GREENE: Voluntary Chapter 11 Case Summary
CENTER FOR EMOTIONAL: Appointment of Suzanne Koenig as PCO OK'd
CITY MASSAGE: Unsecureds to Get 24 Cents on Dollar in Plan
COMPASS COFFEE: Closes Key Locations as Bankruptcy Filing Looms
CORVIAS CAMPUS: Court Confirms Chapter 11 Plan of Liquidation
COSAMIA LLC: Case Summary & 20 Largest Unsecured Creditors
CTL-AEROSPACE: To Sell Polymer Business to DK CTL
DACO FIRE: To Sell Lubbock County Property to WGD Enterprises
DACO FIRE: To Sell Tarrant County Property to Super Vacuum
DATABASED SOLUTIONS: Unsecureds to Split $150K over 3 Years
DAYTONA THUNDER: Gets Interim OK to Use Cash Collateral
DENTALHUB OF WYLIE: Seeks Chapter 11 Bankruptcy in Texas
DEQSER LLC: Seeks Addt'l $2MM DIP Loan From CSV
DYNACQ HEALTHCARE: Seeks to Sell Hospital Assets at Auction
E GLUCK: U.S. Trustee Appoints Creditors' Committee
ELETSON HOLDINGS: Sues Reed Smith, Former Execs Over Sabotage
ERC MANUFACTURING: Court OKs Truck Sale to Sussex Construction
ESCAMBIA OPERATING: Unsecureds Will Get 1% to 16% in Trustee's Plan
FARMFAN LLC: To Employ Bernstein-Burkley P.C. as Counsel
FIRST BRANDS: Trade Financier Seeks Stop of Cash Use
FLEXSHOPPER INC: Case Summary & 30 Largest Unsecured Creditors
FLEXSHOPPER INC: Seeks Chapter 11 Bankruptcy After Firing CEO
FLIPCAUSE INC: Case Summary & 20 Largest Unsecured Creditors
FORTUNE CIRCLE: Gets OK to Use Cash Collateral Thru Jan. 31
FTX TRADING: Gets OK to Bar Alameda Former Exec from Director Roles
GALOSI LLC: Seeks Chapter 11 Bankruptcy in Texas
GENERATION HEALTHCARE: Gets Interim OK to Use Cash Collateral
GENESIS HEALTHCARE: No Resident Care Concern, 2nd PCO Report Says
GENESIS HEALTHCARE: Quality of Care Maintained, 2nd PCO Report Says
GIBSON INC: Moody's Affirms 'B3' CFR & Alters Outlook to Negative
GOLD CITY: U.S. Trustee Appoints Melanie McNeil as PCO
GRAND CANYON UNIVERSITY: Moody's Alters Ratings Outlook to Stable
H5 TRANSPORT: Claims to be Paid from Continued Operations
HARDING BELL: Available Cash & Continued Operation to Fund Plan
INNERGEX RENEWABLE: Fitch Withdraws 'BB+' LongTerm IDR
IROBOT CORP: Unsecured Creditors Unimpaired in Prepackaged Plan
JACKS DONUTS: Court OKs Donut Business Sale to Raintree County
JACKSON HOSPITAL: PCO Reports No Staffing Shortages
JJTA23 REAL: Gets Interim OK to Use Cash Collateral
JJTA23 REAL: Gets Interim OK to Use Cash Collateral Until Jan. 5
JUS BROADCASTING: Court Extends Cash Collateral Access to Feb. 13
KODIAK GAS: Fitch Affirms 'BB' LongTerm IDR, Outlook Stable
KOSMOS ENERGY: Fitch Lowers IDR to CCC+, Off Watch Negative
LAKESHORE LEARNING: Moody's Cuts CFR to Caa1, Outlook Stable
LDM LLC: Gets Interim OK to Use Cash Collateral Until Jan. 9
LEISURE INVESTMENTS: Transfer of Animals to Clearwater Marine OK'd
LEXARIA BIOSCIENCE: Raises $3.5MM in Direct Offering and Warrants
LMD HOLDINGS: U.S. Trustee Unable to Appoint Committee
LORDON ENTERPRISES: Court OKs Deal on Cash Collateral Access
M.K. WEEDEN: Gets Interim OK to Use Cash Collateral Until Feb. 6
MAMMOTH INC: Causes of Action & Asset Sale Proceeds to Fund Plan
MARCEL CONTRABAND: Amends Unsecured Claims Pay Details
MARELLI AUTOMOTIVE: Seeks Court OK for $32.5MM Executive Bonuses
MCCALLSON TAX: U.S. Trustee Unable to Appoint Committee
MEDICAL MANAGEMENT: U.S. Trustee Appoints Melanie McNeil as PCO
METHANEX CORP: Fitch Affirms 'BB+' IDR, Outlook Stable
MIM LANDSCAPE: U.S. Trustee Unable to Appoint Committee
MOSAIC MENTAL: Gets Interim OK to Use Cash Collateral
MOUNTAIN REGIONAL: Case Summary & 20 Largest Unsecured Creditors
MRES HOLDINGS: Case Summary & Six Unsecured Creditors
NORTH COUNTRY: Case Summary & 20 Largest Unsecured Creditors
NORTHEAST GROCERY: Fitch Affirms B+ IDR & Alters Outlook to Stable
NORTHEAST OHIO: Co., Lender Ask Court to Pause Receivership
OAK RIVER HEALTHCARE: Seeks Chapter 7 Bankruptcy in Texas
PACER PRINT: Court Extends Cash Collateral Access to July 4
PALOMAR HEALTH: Fitch Affirms B- IDR, Outlook Negative
PARKERVILLE LP: Seeks Chapter 11 Bankruptcy in Texas
PATRON WESTERN: Seeks Chapter 11 Bankruptcy in Texas
PINT & BEAN: Gets Interim OK to Use Cash Collateral
PLAINS ALL: Fitch Affirms 'BB+' Rating on Preferred Equity
POLAR POWER: Six Key Proposals Approved at Annual Meeting
POSH QUARTERS: To Sell Jacksonville Beach Property to J. & S. Fyfe
RAZAGHI DEVELOPMENT: Case Summary & 10 Unsecured Creditors
RAZZOO'S INC: Court OKs Ch. 11 Sale, 11 Locations to Stay Open
REALTRUCK GROUP: Moody's Cuts CFR to 'Caa2', Outlook Stable
RED LOBSTER: High Rents Force Executive Cuts During Turnaround
RED ROCK: Claims to be Paid from Income & Property Sale/Refinance
REGIONAL WEST: Fitch Cuts LongTerm IDR to 'CCC'
REKOR SYSTEMS: Closes $14MM Underwritten Registered Direct Offering
REYNOLDS CRAFT: Hires Sader Law Firm as Legal Counsel
REYNOLDS CRAFT: Seeks to Hire NWA Real Estate as Broker
ROADRUNNER SCOOTERS: Court OKs Deal on Cash Collateral Access
SAKS GLOBAL: Weighs Chapter 11 Filing as Debt Payment Looms
SAVI CONSTRUCTION: Gets OK to Hire Young Wooldridge as Counsel
SEQUOIA GROVE: Claims to be Paid from Income & Sale Proceeds
SK MOHAWK: Fitch Cuts IDR to 'RD' on Missed Interest Payment
SMOKE RING: Case Summary & 20 Largest Unsecured Creditors
SOUTHERN TREE: U.S. Trustee Appoints Creditors' Committee
SPIRIT AVIATION: Amends DIP Credit Agreement for $100MM Third Draw
SPOKE-N-SPORT: Case Summary & 20 Largest Unsecured Creditors
ST. AUGUSTINE FOOT: Gets Interim OK to Use Cash Collateral
STEINMETZ PLUMBING: Seeks Subchapter V Bankruptcy in Texas
STEPHAN CO: U.S. Trustee Appoints Asbestos Claimants' Committee
SUPREME PLUMBING: Gets Interim OK to Use Cash Collateral
SYNERGY 768: Voluntary Chapter 11 Case Summary
TEDDER INDUSTRIES: Gets Interim OK to Use Cash Collateral
TELEFLEX INC: Moody's Alters Outlook on Ba1 CFR to Stable
TELLICO RENTALS: To Sell Tellico Plains Asset to D. & J. DeWalt
THERAPEUTICS MD: Five Key Proposals Approved at Annual Meeting
TORRID LLC: Moody's Lowers CFR to Caa1 & Alters Outlook to Stable
TP BRANDS: U.S. Trustee Unable to Appoint Committee
TRICOLOR AUTO: CEO Took in $30MM Prepetition, Suit Alleges
TRIPLE-G-GUNITE: Seeks Cash Collateral Access Until June 2026
TUNGSTEN CAYCO: Fitch Affirms B- LongTerm IDR, Outlook Negative
UNITED WHOLESALE: Moody's Affirms 'Ba3' CFR, Outlook Stable
UNIVERSAL DESIGN: Jacksonville Property Sale to P. Chigurupati OK'd
URBAN ONE: Moody's Affirms 'Caa2' CFR & Alters Outlook to Stable
US MAGNESIUM: Lithium Carbonate Assets Sale to Glencore OK'd
VALYRIAN MACHINE: Unsecureds to Get Share of Income for 60 Months
VERSACE DOMINICAN: Case Summary & 20 Largest Unsecured Creditors
VILLAGE ROADSHOW: Amends Derivative Right Sale to Alcon Media Group
VIVAKOR INC: Issues 15.4MM Shares on Note Conversions
VIVAKOR INC: Receives Nasdaq Notice on October Equity Issuances
WALKER EDISON: Court Confirms Chapter 11 Plan of Liquidation
WARREN'S READY-MIX: Section 341(a) Meeting of Creditors on Jan. 14
WATER ENERGY: To Sell Texas Properties to 4 Arrows Investments
WOK HOLDINGS: Moody's Cuts CFR to Caa2 & Alters Outlook to Negative
WORKHORSE GROUP: Motive GM Holdings Owns 62.8% Equity Stake
XEROX CORP: Pursues IP-Backed Debt Financing
ZYNEX INC: Enters Chapter 11 With Restructuring Support Agreement
[] BOOK REVIEW: Bendix-Martin Marietta Takeover War
[] December 2025 Sees Surge in Healthcare Bankruptcies
*********
100 MCKNIGHT: Case Summary & Nine Unsecured Creditors
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Debtor: 100 McKnight LLC
3930 N. Pine Grove, No. 602
Chicago, IL 60613
Business Description: 100 McKnight LLC is a single-asset real
estate company that owns and manages its
primary property at 120 McKnight Street in
Normal, Illinois.
Chapter 11 Petition Date: December 22, 2025
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 25-19477
Judge: Hon. Jacqueline P Cox
Debtor's Counsel: Jeffrey Paulsen, Esq.
PAULSEN & HOLTSCHLAG LLC
1245 S Michigan #115
Chicago, IL 60605
E-mail: jpaulsen@ph-firm.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Nicholas Brinker as manager.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/A2SO5SA/100_McKnight_LLC__ilnbke-25-19477__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's Nine Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Ameren Corp. Electricity $25,532
One Ameren Plaza
1901 Chouteau Ave.
Saint Louis, MO 63103
2. American Multi-Cinema Inc. Parking Lot $19,650
Attn. Lease Administration Lease
11500 Ash St.
Leawood, KS 66211
3. Budd Street LLC Office Rent $6,120
1590 W. Algonquin
Rd., #223
Hoffman Estates, IL 60192
4. F.E. Moran Fire Protection $24,793
2265 Carlson Dr.
Northbrook, IL 60062
5. Golan Christie Taglia LLP Legal Services $0
Attn. Brianna Golan
70 W. Madison, Ste. 1500
Chicago, IL 60602
6. Metronet Internet $3,515
3701
Communications Way
Evansville, IN 47715
7. Nicor Gas Natural Gas $7,784
1844 Ferry Rd.
Naperville, IL
60563-9662
8. Sherman's Place Inc. Furniture $10,674
1203 E. Marietta Ave.
Peoria Heights, IL 61616
9. Vernon L. Goedeke Company Equipment Rental $22,819
8000 Hall St., Bldg. 6
Saint Louis, MO 63147
1291 BRITAIN: Claims to be Paid from Asset Sale Proceeds
--------------------------------------------------------
1291 Britain Dr PCPRE LLC and 215 Paper Mill Rd PCPRE LLC filed
with the U.S. Bankruptcy Court for the Northern District of Georgia
a Disclosure Statement to accompany Joint Plan of Liquidation dated
December 15, 2025.
215 Paper Mill Rd is a Florida limited liability company that owns
and operates an 82-unit apartment complex known as The Carolina,
located in Gwinnet County, Georgia.
In 2020, 215 Paper Mill Rd purchased The Carolina property and took
out a loan of $6,960,000 (the "Paper Mill Loan"), secured by The
Carolina property, which was then assigned to Federal National
Mortgage Association ("Fannie Mae").
1291 Britain Dr is a Florida limited liability company that owns
and operates a 68-unit apartment complex known as Britain Village,
located in Gwinnet County, Georgia. In 2020, 1291 Britain Dr
purchased the Britain Village property and took out a loan of
$6,160,000 (the "Britain Village Loan"), secured by the Britain
Village property, which was then assigned to Federal National
Mortgage Association ("Fannie Mae").
In March of 2025, Fannie Mae sent notices to each of the Debtors
alleging that they were in defaults under the loans due to, among
other things, allegedly failing to make certain repairs required by
Fannie Mae. Fannie Mae then accelerated each of the loans and, on
or about April 1, 2025, filed actions in the Superior Court of
Gwinnet County, Georgia seeking the appointment of receivers for
each of the Debtors and injunctive relief. Each of the Debtors
subsequently filed their Chapter 11 cases on the Petition Date in
order to gain time to either refinance or sell their respective
properties.
Throughout these Chapter 11 Cases, the Debtors have been in
negotiations with various parties regarding a potential sale of
their properties or a refinance of the Fannie Mae loans. The
Debtors have since determined that the best and quickest process to
move forward is to sell their properties. The Debtors are confident
that a sale of their properties will result in sufficient proceeds
to pay all allowed claims as set forth in the Plan.
Both Debtors have received indications of interest for the purchase
of substantially all their assets at a purchase prices sufficient
to pay all of their secure debt in full and to make a substantial
distribution to general unsecured creditors. The Debtors have
established December 16, 2025 as the deadline for submitting
indications of interest. They each intend to select buyers and
enter into definitive asset purchase agreements no later than
December 31, 2025. Such asset purchase agreements are expected to
provide for a 30-day due diligence period following which the
earnest money deposits will become nonrefundable, with the closing
anticipated to occur 30 to 60 days after expiration of the due
diligence period.
Class 4A consists of General Unsecured Claims against 215 Paper
Mill Rd. Paid in full, without postpetition interest, within ninety
days after the Effective Date or a soon as reasonably practicable
thereafter. The allowed unsecured claims total $175,000. This Class
will receive a distribution of 100% of their allowed claims without
interest.
Class 4B consists of General Unsecured Claims against 1291 Britain
Dr. Paid in full, without interest, within ninety days after the
Effective Date or as soon as reasonably practicable thereafter. The
allowed unsecured claims total $341,000. This Class will receive a
distribution of 100% of allowed amount, excluding interest.
The Debtors shall each sell substantially all of their assets
pursuant to an Asset Purchase Agreement substantially in the form
of Exhibits 1A (Britain Village) and 1B (The Carolina) which shall
be filed as a plan supplement no later than five days prior to the
hearing on the Disclosure Statement. The aggregate Purchase Price
under each Asset Purchase Agreement shall be sufficient to pay all
Allowed Claims in Classes 1A through 3A or 1B through 3B, as
applicable and to make a distribution to Holders of Allowed Claims
in Classes 4A and 4B, as applicable.
A full-text copy of the Disclosure Statement dated December 15,
2025 is available at https://urlcurt.com/u?l=azdyc0 from
PacerMonitor.com at no charge.
Counsel for the Debtors:
J. Hayden Kepner, Jr., Esq.
Ashley R. Ray, Esq.
Scroggins, Williamson & Ray, P.C.
4401 Northside Parkway Suite 230
Atlanta, GA 30327
Tel: (404) 893-3880
Fax: (404) 893-3886
About 1291 Britain Dr PCPRE
1291 Britain Dr PCPRE, LLC, operating as Britain Village
Apartments, is a residential complex located at 1291 Britain Drive
in Lawrenceville, Ga. The property offers two-and three-bedroom
units with standard amenities and is managed by Premier Living US.
1291 Britain Dr PCPRE sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-54940) on May 5, 2025.
In its petition, the Debtor reported estimated assets between $10
million and $50 million and estimated liabilities between $1
million and $10 million.
The Debtor is represented by Ashley Reynolds Ray, Esq., at
Scroggins, Williamson & Ray, P.C.
30 EAST 40TH: Co-Executors Seeks Chapter 11 Trustee Appointment
---------------------------------------------------------------
Madeleine Berley, as Co-Executor of the Estate of Arnold Penner and
Andrew Albstein, as Co-Executor of the Estate of Arnold Penner
("Moving Parties"), asked the U.S. Bankruptcy Court for the
Southern District of New York to appoint a Chapter 11 Trustee for
30 East 40th, L.L.C.
In a court filing, the Moving Parties raised the need to appoint an
independent trustee to manage the case, saying the Petition was not
authorized under the Debtor's Operating Agreement, bears the
indicia of subjective bad faith, and are using the bankruptcy case
to benefit themselves.
The Moving Parties, as the representatives of the Penner Estate,
hold the largest membership interest in the Debtor, 41.04%. The
Moving Parties are notably absent from the document attached to the
Petition purportedly authorizing its filing and entitled,
"Unanimous Written Consent of a Majority of Members of 30 East
40th, L.L.C." (the "Written Consent"). The Objecting Parties had no
notice that a chapter 11 petition for the Debtor was contemplated
and were not asked to approve it.
The Moving Parties cited that this Motion is premised upon the lack
of authorization for the filing of the Petition, the indicia of
subjective bad faith in such filing, and management's conflict of
interest that precludes the exercise of their fiduciary duties.
Starting with the third ground, it is important to bear in mind
that management of a debtor in possession has the same fiduciary
duties as a trustee.
The Moving Parties claimed that the conflicts of management with
regard to the Lease Motion and the breach of fiduciary duty claims
asserted in the state court complaint by themselves, establish
cause for the appointment of a chapter 11 trustee. The other two
grounds on which this Motion is based underscore the need for such
relief.
The Moving Parties noted that the lack of corporate authority to
file a bankruptcy petition is an independent ground for dismissal.
Nevertheless, management's unauthorized filing of the Petition
resulted in an actual default to Apple Bank, which creates a
genuine need for rehabilitation that did not exist prior to the
filing. Therefore, the Moving Parties are not seeking dismissal.
But management should not be excused from taking this unauthorized
and detrimental step.
In the present case, as in Kingston Square Associates, an
unauthorized filing was orchestrated by management with substantial
indicia of subjective bad faith. With the demonstration that
management is hopelessly conflicted, the case for the appointment
of a chapter 11 trustee is compelling. The Motion to do so must be
granted.
A copy of the motion is available for free at
https://urlcurt.com/u?l=pHVALo from PacerMonitor.com.
Co-Counsel for Madeleine Berley, as Co-Executor of the Estate of
Arnold Penner:
JUDD BURSTEIN, P.C.
Judd Burstein, Esq.
825 Third Avenue, 21st Floor
New York, New York 10022
Telephone: 212-974-2400
Facsimile: 212-974-2944
Co-Counsel for Madeleine Berley, as Co-Executor of the Estate of
Arnold Penner and Counsel for Andrew Albstein as Co-Executor of the
Estate of Arnold Penner:
BECKER, GLYNN, MUFFLY, CHASSIN & HOSINSKI LLP
Alec P. Ostrow, Esq.
299 Park Avenue, 16th Floor
New York, New York 10171
Telephone: 212-888-3033
Facsimile: 212-888-0255
About 30 East 40th, L.L.C.
30 East 40th L.L.C. is a single asset real estate company.
30 East 40th L.L.C. filed for relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-12696) on December 2,
2025. In its petition, the Debtor lists estimated assets between
$10 million and $50 million and estimated liabilities in the same
range.
Honorable Bankruptcy Judge Michael E. Wiles handles the case.
The Debtor is represented by Mark A. Frankel, Esq. of Backenroth
Frankel & Krinsky, LLP.
7481 CAMPO: U.S. Trustee Unable to Appoint Committee
----------------------------------------------------
The U.S. Trustee for Region 21, until further notice, will not
appoint an official committee of unsecured creditors in the Chapter
11 case of 7481 Campo Florido, LLC, according to court dockets.
About 7481 Campo Florido LLC
7481 Campo Florido LLC is a single asset real estate company.
7481 Campo Florido sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla., Case No. 25-23958) on November
24, 2025. In its petition, the Debtor listed between $100,001 and
$500,000 in assets and between $500,001 and $1 million in
liabilities.
Honorable Bankruptcy Judge Erik P. Kimball handles the case.
The Debtor is represented by Eric D. Yankwitt, Esq.
ABBA MEENA: Seeks Chapter 7 Bankruptcy in Texas
-----------------------------------------------
On December 16, 2025, Abba Meena LLC filed for Chapter 7 protection
in the U.S. Bankruptcy Court for the Northern District of Texas.
According to court filings, the debtor reports between $100,001 and
$1 million in debt owed to between one and 49 creditors.
About Abba Meena LLC
Abba Meena LLC is a limited liability company.
Abba Meena LLC sought relief under Chapter 7 of the U.S. Bankruptcy
Code (Bankr. Case No. 25-44906) on December 16, 2025. In its
petition, the debtor reports estimated assets of $100,001 to $1
million and estimated liabilities of $100,001 to $1 million.
Honorable Bankruptcy Judge Mark X. Mullin handles the case.
The debtor is represented by Guy H. Holman, Esq., of Guy Harvey
Holman, PLLC.
AGO 3 LOGISTICS: Seeks Chapter 7 Bankruptcy in Texas
----------------------------------------------------
AGO 3 Logistics, LLC, filed for Chapter 7 bankruptcy protection on
December 12, 2025, in the U.S. Bankruptcy Court for the Western
District of Texas. According to the filing, the company reports
debts totaling between $1 million and $10 million, owed to 1 to 49
creditors.
About AGO 3 Logistics, LLC
AGO 3 Logistics, LLC is a logistics and transportation company that
provides freight and delivery services. The company’s operations
generally include the coordination and movement of goods, supply
chain support, and related logistics services for commercial
clients.
The company sought relief under Chapter 7 of the U.S. Bankruptcy
Code (Bankr. Case No. 25-31624) on December 12, 2025. Its
bankruptcy petition reflects estimated assets of $0 to $100,000 and
liabilities in the range of $1 million to $10 million.
Honorable Bankruptcy Judge Christopher G. Bradley is overseeing the
proceedings.
AGO 3 Logistics, LLC is represented by Carlos A. Miranda, Esq., of
Miranda & Maldonado, P.C.
AIR INDUSTRIES: Webster Bank Waives Defaults, Extends Loan to March
-------------------------------------------------------------------
Air Industries Group disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that on December 15, 2025,
it entered into a Tenth Amendment to Loan and Security Agreement
with Webster Bank.
In the Tenth Amendment, Webster Bank waived the defaults caused by
the failure to achieve the required fixed charge coverage ratio for
the fiscal quarter ended June 30, 2025, and for exceeding the
permitted amount of capital expenditures for the fiscal year ending
December 31, 2025.
In addition to the waivers, the Tenth Amendment extended the
maturity date of the revolving credit and term loans under the Loan
and Security Agreement to March 31, 2026 and amended certain
financial covenants.
A full-text copy of the Tenth Amendment is available at
https://tinyurl.com/4udn5pz5
About Air Industries
Air Industries Group, headquartered in Bay Shore, New York,
manufactures precision components and assemblies for the aerospace
and defense industry, supplying parts such as landing gear, flight
controls, and engine mounts for military and commercial aircraft as
well as ground turbines. Its products are used in programs
including the F-18 Hornet, E-2 Hawkeye, UH-60 Black Hawk, F-35
Lightning II, F-15 Eagle, and Airbus A220, with customers spanning
U.S. and international governments and global airlines. The
Company operates two manufacturing centers in the U.S.
In its audit report dated April 15, 2025, Marcum LLP included a
"going concern" qualification noting that the Current Credit
Facility expires on Dec. 30, 2025. In addition, the Company is
required to maintain a collection account with its lender into
which substantially all the Company's cash receipts are remitted.
If the Company's lender were to cease lending and keep the funds
remitted to the collection account, the Company would lack the
funds to continue its operations. The Current Credit Facility
expiration date and the rights granted to the lender, combined with
the reasonable possibility that the Company might fail to meet
covenants in the future, raise substantial doubt about its ability
to continue as a going concern.
As of June 30, 2025, the Company had $50.38 million in total
assets, $35.11 million in total liabilities, and $15.27 million in
total stockholders' equity.
The Company said it remains focused on its business but may seek to
raise additional capital or borrow funds on terms it considers
favorable. It noted that issuing equity or convertible debt,
raising interest rates on current borrowings, or offering equity to
lenders in exchange for extending debt could increase interest
costs and dilute existing shareholders. In addition, the Company
said refinancing could require more restrictive covenants, while a
loan default could lead to actions that might force it to seek
court protection, and warned that financing may not be available on
acceptable terms or at all.
AKTIVATE INC: Voluntary Chapter 11 Case Summary
-----------------------------------------------
Debtor: Aktivate, Inc.
d/b/a FamX
110-02 68 Drive
Forest Hills, NY 11375
Business Description: Aktivate, Inc., doing business as FamX,
provides a software-as-a-service platform
for managing scholastic sports and student
activities for K-12 school athletic
departments. The New York-based company's
platform supports athlete registration,
scheduling, eligibility tracking,
communication and related administrative
functions for schools and districts across
the United States.
Chapter 11 Petition Date: December 19, 2025
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 25-46069
Judge: Hon. Elizabeth S. Stong
Debtor's Counsel: Alan L. Braunstein, Esq.
RIEMER & BRAUNSTEIN LLP
Times Square Tower, Suite 2506
Seven Times Square
New York, NY 10036
Tel: (617) 880-3516
E-mail: abraunstein@riemerlaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Yechezkel Kutscher as CEO.
A list of the Debtor's 20 largest unsecured creditors was not
provided alongside the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/2VRFO6Q/Aktivate_Inc__nyebke-25-46069__0001.0.pdf?mcid=tGE4TAMA
ALACHUA GOVERNMENT: Gets Court OK to Extend DIP Maturity Date
-------------------------------------------------------------
Alachua Government Services, Inc. got the green light from the U.S.
Bankruptcy Court for the District of Delaware to amend its
debtor-in-possession term loan facility.
The amendment to the DIP facility would extend the maturity date
and require payment of an extension fee, while leaving all other
terms of the financing unchanged.
Alachua filed its Chapter 11 case on July 6. Earlier in the case,
the court approved a roughly $17 million DIP facility, first on an
interim basis and later on a final basis, allowing the Debtor to
borrow funds secured by senior liens and entitled to superpriority
administrative expense status.
Under the original DIP agreement, the maturity date was set to
occur upon the earliest of December 31 or various triggering
events, including plan effectiveness, default, dismissal or
conversion of the case, and a sale of substantially all assets of
the Debtor.
Since the petition date, the Debtor sold its real and personal
property in Alachua, Florida, for $11.5 million and has been
working to transition remaining programs and assets. Its primary
remaining assets are royalty interests and related intellectual
property tied to Vero cell lines used in the development of a
smallpox vaccine under a license agreement with Emergent
BioSolutions, Inc. These royalty assets have been actively marketed
since July, with the assistance of Jefferies LLC, and the court has
approved formal bidding procedures and a detailed sale timeline
extending into January 2026.
Using proceeds from the Florida asset sale and royalty income, the
Debtor has repaid a substantial portion of the DIP facility,
leaving an outstanding balance of approximately $3.48 million as of
December 11. The Debtor asserts, however, that full repayment of
the DIP loan by December 31 would leave it without sufficient
liquidity to continue administering the case and to complete the
royalty asset sale process. Absent an extension, the Debtor risks a
default under the DIP facility or a prematurely truncated sale
process that could materially reduce recoveries for stakeholders.
To address this risk, the Debtor negotiated at arm's length with
the lender, JMB Capital Partners Lending, LLC, to amend the DIP
agreement to extend the maturity date to February 28, 2026, subject
to several conditions, including payment of a $170,000 cash
extension fee upon the amendment's effective date and the Debtor's
commitment to designate a stalking horse bidder for the royalty
assets.
The Debtor believes the DIP amendment is a reasonable and
good-faith exercise of sound business judgment. It contends that
the extension fee is justified given that the DIP lender is the
only viable source of post-petition financing and would not agree
to an extension without compensation.
A copy of the order is available at https://is.gd/p7i7U1 from
PacerMonitor.com.
About Alachua Government Services Inc.
Alachua Government Services, Inc. is a pharmaceutical and medicine
manufacturing company formerly known as Ology Bioservices. Based in
Alachua, Florida, Alachua operates in the pharmaceutical
manufacturing sector.
Alachua sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. D. Del. Case No. 25-11289) on July 6, 2025. In its
petition, the Debtor reports estimated assets between $50 million
and $100 million and estimated liabilities between $100 million and
$500 million.
Judge J. Kate Stickles oversees the case.
Richards, Layton & Finger, P.A. is Debtor's legal counsel.
ALGORHYTHM HOLDINGS: Streeterville Holds 9.99% Equity Stake
-----------------------------------------------------------
Streeterville Capital LLC, Streeterville Management LLC, and John
M. Fife, disclosed in a Schedule 13G filed with the U.S. Securities
and Exchange Commission that as of December 16, 2025, they
beneficially own 271,905 shares of common stock (directly owned by
Streeterville Capital LLC and indirectly by the other reporting
persons, subject to a contractual 9.99% ownership cap under
pre-paid purchase agreements that would otherwise allow for greater
ownership) of Algorhythm Holdings, Inc.'s common stock, $0.01 par
value per share, representing 9.99% of the 2,721,778 shares
outstanding (as reported in the Company's 10-Q filed on November
19, 2025).
Streeterville Capital LLC may be reached through:
John Fife, President
Streeterville Management LLC
300 East Randolph Street, Suite 40.150
Chicago, IL 60601
Tel: 312-297-7000
A full-text copy of Streeterville Capital's SEC report is available
at: https://tinyurl.com/mpvvr7ek
About Algorhythm Holdings
Algorhythm Holdings, Inc., fka The Singing Machine Company, Inc. --
http://www.singingmachine.com/-- is a holding company for an AI
enabled software logistics business operated through its SemiCab
Holding subsidiary and a home karaoke consumer products company
that designs and distributes karaoke products globally to retailers
and ecommerce partners through the Singing Machine subsidiary.
As of September 30, 2025, the Company had $10,845,000 in total
assets, $10,745,000 in total liabilities, and a total stockholders'
equity of $100,000.
Philadelphia, Penn.-based Marcum LLP, the Company's auditor since
2023, 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 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.
AMERICAN PUBLIC: Moody's Upgrades CFR to B1, Outlook Stable
-----------------------------------------------------------
Moody's Ratings upgraded American Public Education, Inc.'s ("APEI"
or "the company") corporate family rating to B1 from B2 and its
probability of default rating to B1-PD from B2-PD. At the same
time, Moody's upgraded the company's senior secured credit facility
rating, including a revolver and a term loan to B1 from B2 and the
company's speculative grade liquidity rating (SGL) to SGL-1 from
SGL-2. The outlook is stable.
The CFR upgrade to B1 recognizes APEI's sustained revenue growth,
margin expansion and stronger cash generation, led by accelerating
nursing enrollments at Rasmussen and Hondros and solid military
affiliated demand at APUS. Despite a short term Q4 headwind from
the federal shutdown's Tuition Assistance (TA) processing, Moody's
expects the company to enter next year with a more flexible capital
structure and solid enrollment momentum. Moody's believes APEI's
credit profile will continue to strengthen in 2026 and project the
company will sustain organic revenue and earnings growth in the
mid-to-high single digits over the next 12 to 18 months, while
maintaining conservative financial strategies and strong
liquidity.
Given the complex and evolving regulatory environment for US
for-profit education, maintaining conservative credit metrics,
strong liquidity, and disciplined capital allocation remains a key
credit consideration for APEI. Moody's projects that the company
will operate with a debt/EBITDA between 1.5x-2.5x (based on Moody's
adjustments) and generate annual free cash flow in excess of $50
million over the next 12 to 18 months.
The SGL change to SGL-1 (very good) from SGL-2 (good) reflects
APEI's improvement in liquidity driven by higher operating cash
flow, increased unrestricted cash balances, and strategic actions
to simplify the balance sheet. The company's annual free cash flow
more than doubled over the past year, increasing to around $56
million as of September 30, 2025 LTM from about $22 million in
2024. The company redeemed all outstanding preferred stock for
$43.2 million, eliminating annual dividend payments of
approximately $6 million, and sold off certain non-core assets.
Finally, the Department of Education removed restrictions on a
$25.4 million letter of credit related to the Rasmussen
acquisition, making that cash unrestricted.
RATINGS RATIONALE
APEI's B1 CFR reflects the company's established presence within
the for-profit, post-secondary education market, with a primary
focus on serving active-duty military personnel, veterans and their
families, and nursing education. Following years of integration and
turnaround efforts, APEI has restructured its operations into two
newly branded divisions: APUS Global and RU Health Plus, thereby
positioning itself for future growth opportunities. In 2025, APEI
delivered online instruction to nearly 89,000 students through APUS
Global and enrolled approximately 20,000 students across its two
nursing-focused institutions. The company schools address the needs
of students pursuing career in critical sectors, both of which
benefit from robust, long-term demand drivers – namely, ongoing
defense educational requirements and a widespread shortage of
nurses nationwide. Moody's anticipates APEI will maintain strong
operational momentum, including sustaining solid enrollment growth
and enhancing profitability over the next 12 to 18 months. Moody's
expects the company will manage its capital structure prudently,
balancing between organic growth initiatives and strategic
acquisitions, all while sustaining very good liquidity and
conservative credit metrics.
APEI's rating also reflects the company's vulnerability to the
regulatory environment of for-profit higher education businesses
and significant reliance on Title IV funding, Tuition Assistance
and Veterans Affairs programs, which may face budgetary pressures.
Government policy shifts could affect the institution's funding,
accreditation, and student recruitment, while negative publicity
about educational quality or student debt levels could impact
enrollments and credit standing. If legal and regulatory challenges
arise and are not resolved, they may present increased risk of
operational deterioration. The rating also reflects the company's
moderate scale, earnings concentration, and low EBITDA margin.
The upgrade of APEI's senior secured credit facility rating
(revolver and term loan) to B1 from B2 reflects both the PDR of
B1-PD and the loss given default assessment of LGD3. As there is no
other meaningful debt in the capital structure, the facility is
rated in line with the B1 CFR.
The SGL-1 rating reflects Moody's expectations that APEI will
maintain very good liquidity over the next 12 to 15 months. Sources
of liquidity consist of approximately $193 million of balance sheet
cash as of September 30, 2025, Moody's expectations for annual free
cash flow of around $55 million and full access to the $20 million
revolving credit facility due September 2026. APEI's credit
facility contains a total net leverage ratio covenant that cannot
exceed 2.0x. As of September 30, 2025, the company was in
compliance with all debt covenants. Moody's expects the company to
maintain ample cushion under its financial covenant.
The stable outlook reflects Moody's expectations that APEI will
sustain revenue and EBITDA growth in the mid-to-high single digit
percentages over the next 12 to 18 months, maintain conservative
credit metrics and strong liquidity.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if APEI meaningfully increases
operating scale and diversification, maintains strong student
enrollment growth, and substantially improves profitability.
Quantitatively, the ratings can be upgraded if the company's
debt/EBITDA (based on Moody's adjustments) is sustained below 2x
and EBITDA margin (based on Moody's adjustments) is above 15%.
The ratings could be downgraded if the company experiences much
weaker than expected enrollment, profitability declines, or if free
cash flow materially deteriorates. Resumption of more aggressive
financial strategies, such as pursuing large debt funded
acquisitions or share repurchase activity, that lead to debt/EBITDA
(based on Moody's adjustments) sustained above 3x, other than on a
temporary basis, may also result in downgrade.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
APEI's B1 CFR rating is two notches below the scorecard-indicated
outcome of Ba2. The actual rating places greater emphasis on the
company's heavy reliance on Title IV funding, heightened regulatory
and legal risks, and its revenue concentration.
Headquartered in Charles Town, WV, American Public Education, Inc.
(NASDAQ: APEI) is a for-profit provider of post-secondary
educational services and operates at 28 campuses across nine
states, and online. Moody's expects the company to generate annual
revenue in excess of $675 million in 2026.
ANNALEE DOLLS: Feb. 3 Auction for Doll Business Assets
------------------------------------------------------
The U.S. Bankruptcy Court for the District of New Hampshire has
permitted Annalee Dolls, LLC, to sell Assets, free and clear of
liens, claims, interests, and encumbrances.
The Subject Assets consist of certain personal property, primarily
general intangibles (other than payment intangibles), business
equipment and inventory. Debtor will retain its cash on hand,
payment intangibles, chapter 5 claims, equity in subsidiaries and
real estate. (Excluded Property). On information and belief,
Customers Bank values the Debtor's real estate alone at
approximately $2,110,000 on a fair market value basis. Although
Debtor believes the fair market value of Debtor's real estate to be
approximately $1,550,000, the Purchased Assets represent less than
substantially all of the property of the estate.
The Court has authorized the Debtor to sell the Property at
Auction. The United States Trustee reserves the right to object to
the payment of the Breakup Fee and to raise any other substantive
issues with regard to the sale at the time of the Sale Hearing. All
parties' rights to object to the Sale itself are preserved.
The Auction, if Debtor shall receive a Qualified Bid on or before
January 30, 2026 at 4:00 p.m., shall take place on February 3, 2026
at 10:00 a.m. (prevailing Eastern Time), or such later day and or
other place as may be set pursuant to the Sale Process and Terms.
The Auction shall be conducted by Debtor through rounds of written
bids by Qualified Bidders. Debtor may permit bidders to participate
remotely subject to all of the other terms.
About Annalee Dolls LLC
Annalee Dolls, LLC is an American company known for its handcrafted
felt dolls that embody holiday themes and whimsical charm. Founded
in 1934, the business has become a staple of collectible
Americana,
with its headquarters and flagship store located in Meredith, New
Hampshire. The company continues to attract visitors and collectors
with its nostalgic products and scenic gift shop near Lake
Winnipesaukee.
Annalee Dolls sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D.N.H. Case No. 25-10232) on April 11, 2025. In its
petition, the Debtor reported between $1 million and $10 million in
both assets and liabilities.
Judge Kimberly Bacher handles the case.
The Debtor is represented by William S. Gannon, Esq., at William S.
Gannon, PLLC.
ANTHOLOGY INC: Unsecured Creditors to Get 0% in Joint Plan
----------------------------------------------------------
Anthology Inc. and affiliates submitted a First Amended Disclosure
Statement describing First Amended Joint Chapter 11 Plan dated
December 14, 2025.
The Plan contemplates certain Sale Transactions to be consummated
pursuant to one or more Sale Order(s), pursuant to section 363 of
the Bankruptcy Code and in accordance with the Bidding Procedures.
The Plan also provides for a reorganization transaction for the
Debtors' Remaining Assets, which will be effectuated through the
Plan, and through which Holders of Prepetition Superpriority First
Out Claims and Prepetition Superpriority Second Out Claims will
receive one hundred percent of the New Common Equity Interests in
the Reorganized Debtors (subject to dilution on account of the New
Management Incentive Plan).
The Plan further provides that the reorganized business will be
funded by an Equity Rights Offering pursuant to which the
Reorganized Debtors will issue New Preferred Equity Interests to
make distributions pursuant to the Plan and fund the Reorganized
Debtors' working capital and general corporate purposes. Upon
emergence, the Reorganized Debtors will have at least $25 million
of cash on its balance sheet and no funded debt. The Plan
concurrently permits the Debtors to receive and evaluate offers for
an Acceptable Alternative Transaction for the Debtors' Remaining
Assets to the extent a higher or otherwise better offer for the
Remaining Assets emerges.
The Bidding Procedures contemplate two Sale Transactions, each in
accordance with the respective Sale Order: (a) the sale of the
Enterprise Operations Assets to Ellucian Company LLC ("Ellucian")
pursuant to a certain purchase agreement (the "Ellucian Stalking
Horse Agreement") and (ii) the sale of the Lifecycle Engagement
Assets and the Student Success & Other Assets to Encoura LE LLC
("Encoura," and, together with Ellucian, the "Stalking Horse
Bidders") pursuant to a certain purchase agreement (the “Encoura
Stalking Horse Agreement," and, together with the Ellucian Stalking
Horse Agreement, the "Stalking Horse Agreements," and the Bids
contained therein, the "Stalking Horse Bids").
The Debtors and the Stalking Horse Purchasers or other
purchaser(s), as applicable, shall be authorized to take all
actions, if any, as may be deemed necessary or appropriate in
furtherance of the Sale Transactions pursuant to the terms of the
applicable Stalking Horse Purchase Agreement or other Purchase
Agreement, as applicable, Sale Order, and Plan.
The treatment of Executory Contracts and Unexpired Leases under the
Plan is discussed in detail in Article IX of this Disclosure
Statement. Executory Contracts and Unexpired Leases that are not
rejected are deemed to be assumed or were assumed and assigned in
connection with the Sale Transactions.
Any monetary defaults under an Executory Contract or Unexpired
Lease to be assumed by the Debtors as set forth in Article V.A of
the Plan and as reflected on the Cure Notice, shall be satisfied,
pursuant to section 365(b)(1) of the Bankruptcy Code, by payment of
such Cures in Cash on the Effective Date, or as soon as reasonably
practicable thereafter, subject to the limitations described in
Article IX.C herein and set forth in Article V.C of the Plan, or on
such other terms as the parties to such Executory Contracts or
Unexpired Leases may otherwise agree.
If a contract counterparty has not received a Cure Notice by the
Plan Supplement Filing Deadline, the Debtors estimate that no
monetary default exists under the relevant Executory Contract or
Unexpired Lease. Any counterparty who disagrees with such
determination should contact counsel to the Debtors at: (a)
Kirkland & Ellis LLP, 333 West Wolf Point Plaza, Chicago, Illinois
60654, Attn.: Chad J. Husnick, P.C. (chad.husnick@kirkland.com) and
Charles B. Sterrett (charles.sterrett@kirkland.com) and 601
Lexington Avenue, New York, New York 10022, Attn.: Melissa Mertz
(melissa.mertz@kirkland.com) or (b) Haynes and Boone, LLP, 1221
McKinney Street, Suite 4000, Houston, Texas 77010, Attn.: Charles
A. Beckham, Jr. (charles.beckham@haynesboone.com), Arsalan Muhammad
(arsalan.muhammad@haynesboone.com), and Kourtney Lyda
(kourtney.lyda@haynesboone.com).
Class 8 consists of General Unsecured Claims. Except to the extent
that a Holder of an Allowed General Unsecured Claim agrees to less
favorable treatment, on or after the Effective Date, each Holder of
an Allowed General Unsecured Claim shall receive its Pro Rata share
of Distributable Cash, if any, in accordance with the Waterfall
Recovery. In the event that there is no such Distributable Cash
available for distribution to the Holders of Allowed General
Unsecured Claims pursuant to the Waterfall Recovery, Allowed
General Unsecured Claims shall be discharged and released, and each
Holder of a General Unsecured Claim shall not receive or retain any
distribution, property, or other value on account of such General
Unsecured Claim.
The allowed unsecured claims total $20.83 million. Class will
receive a distribution of 0% of their allowed claims.
The Wind-Down Debtors will fund distributions under the Plan with
(a) Cash on hand on the Effective Date and (b) the revenues and
proceeds of all assets of the Debtors, including the Net Sale
Proceeds and proceeds from all Causes of Action not expressly
waived, relinquished, exculpated, released, compromised, or settled
in the Plan or a Final Order, or sold pursuant to any Purchase
Agreement, in accordance with section 363 or 1123(b) of the
Bankruptcy Code.
A full-text copy of the First Amended Disclosure Statement dated
December 14, 2025 is available at https://urlcurt.com/u?l=Z4vazE
from Stretto Inc., claims agent.
Co-Counsel to the Debtors:
Charles A. Beckham, Jr., Esq.
Arsalan Muhammad, Esq.
Kourtney Lyda, Esq.
Re'Necia Sherald, Esq.
HAYNES AND BOONE, LLP
1221 McKinney Street, Suite 4000
Houston Texas 77010
Tel: (713) 547-2000
Fax: (713) 547-2600
Email: charles.beckham@haynesboone.com
arsalan.muhammad@haynesboone.com
kourtney.lyda@haynesboone.com
renecia.sherald@haynesboone.com
AND
Charles M. Jones II, Esq.
2801 North Harwood Street, Suite 2300
Dallas, TX 75201
Tel: (214) 651-5000
Fax: (214) 651-5940
Email: charlie.jones@haynesboone.com
Co-Counsel to the Debtors:
Chad J. Husnick, P.C.
Charles B. Sterrett, Esq.
KIRKLAND & ELLIS LLP
KIRKLAND & ELLIS INTERNATIONAL LLP
333 West Wolf Point Plaza
Chicago, Illinois 60654
Tel: (312) 862-2000
Fax: (312) 862-2200
Email: chad.husnick@kirkland.com
charles.sterrett@kirkland.com
AND
Melissa Mertz, Esq.
601 Lexington Avenue
New York, New York 10022
Tel: (212) 446-4800
Fax: (212) 446-4900
Email: melissa.mertz@kirkland.com
About Anthology Inc.
Anthology Inc., headquartered in Boca Raton, Florida, provides
education technology software and cloud-based services to higher-
education institutions, governments, and businesses in more than 80
countries. Formed through the consolidation of Campus Management
Corp., Campus Labs Inc., and iModules Software Inc., the Company
offers platforms for teaching and learning, student information and
enterprise planning, customer relationship management, and student
success, along with tools for admissions, enrollment management,
alumni engagement, and institutional effectiveness. It employs
about 1,550 people in the United States and reported revenue of
about $450 million in fiscal 2025.
Anthology sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Tex.) on September 29, 2025. In
the petitions signed by Heath C. Gray as chief restructuring
officer, the Debtors disclose an estimated assets (on a
consolidated basis) of $1 billion to $10 billion and estimated
liabilities (on a consolidated basis) of $1 billion to $10
billion.
The other affiliates are Blackboard Campuswide of Texas, Inc.,
OrgSync, Inc., Admissions US, LLC, Blackboard LLC, Blackboard
Holdings, LLC, Blackboard Super Holdco, LLC, Edcentric Holdings,
LLC, Astra Acquisition Corp., Astra Intermediate Holding Corp.,
Campus Management Acquisition Corp., Academic Management Systems,
LLC, Edcentric Midco, Inc., Edcentric, Inc., Anthology Inc. of
Missouri, Anthology Inc. of NY, ApplyYourself, Inc., AY Software
Services, Inc., BB Acquisition Corp., BB Management LLC, Blackboard
Collaborate Inc., Blackboard Student Services Inc., Blackboard
Tennessee LLC, Higher One Real Estate SP, LLC, MyEdu Corporation,
Blackboard International LLC, and Perceptis, LLC.
Judge Alfredo R. Perez presides over the case.
The Debtors' Local Bankruptcy & Conflicts Counsel is Charles A.
Beckham, Jr., Esq., Arsalan Muhammad, Esq., Kourtney Lyda, Esq.,
and Re'Necia Sherald, Esq., at HAYNES AND BOONE, LLP, in Houston
Texas; and Charles M. Jones II, Esq., at HAYNES AND BOONE, LLP, in
Dallas, Texas.
The Debtors' Bankruptcy Counsel is Chad J. Husnick, P.C., and
Charles B. Sterrett, Esq., at KIRKLAND & ELLIS LLP and KIRKLAND &
ELLIS INTERNATIONAL LLP, in Chicago, Illinois; and Melissa Mertz,
Esq., at KIRKLAND & ELLIS LLP and KIRKLAND & ELLIS INTERNATIONAL
LLP, in New York.
The Debtors' Investments Banker is PJT PARTNERS LP.
The Debtors' Restructuring Advisor is FTI CONSULTING, INC.
The Debtors' Claims & Noticing Agent STRETTO INC.
ASHLEY STEWART: Court Dismisses Chapter 11 Case
-----------------------------------------------
Rick Archer of Law360 reports that a New Jersey bankruptcy judge on
Tuesday, December 23, 2025, dismissed the Chapter 11 case of
plus-size clothing retailer Ashley Stewart, ruling that the filing
lacked proper corporate authorization. The court found the petition
was approved by board members who had been appointed in violation
of a prior state court order.
The judge said the improper board composition undermined the
company's authority to seek bankruptcy protection, leaving the
court without jurisdiction to proceed. As a result, the Chapter 11
case was dismissed without reaching the merits of the retailer's
restructuring efforts.
About Ashley Stewart Holdings
The Ashley Stewart name is synonymous with offering women who wear
sizes 12 and up well-made fashionable clothes at affordable
prices.
Ashley Stewart Holdings Inc. and affiliates New Ashley Stewart
Inc., AS IP Holdings Inc. and NAS Gift LLC filed Chapter 11
petitions in Newark, New Jersey (Bankr. D.N.J. Case Nos. 14-14383
to 14-14386) on March 10, 2014. Michael A. Abate signed the
petitions as senior vice president finance/treasurer. Ashley
Stewart Holdings estimated assets and liabilities of at least $10
million. The Hon. Michael B. Kaplan oversees the case.
Curtis, Mallet-Prevost, Colt & Mosle LLP serves as the Debtors'
general counsel. Cole, Schotz, Meisel, Forman & Leonard, P.A., is
the Debtors' local counsel. PricewaterhouseCoopers LLP acts as the
Debtors' financial advisor. Prime Clerk LLC serves as the Debtors'
claims and noticing agent.
The U.S. Trustee for Region 3 formed a five-member panel to act as
the official committee of unsecured creditors in the Debtors'
cases. Counsel to the Committee is Pachulski Stang Ziehl & Jones
LLP. GlassRatner Advisory & Capital Group, LLC, acts as financial
advisor to the Committee.
Ashley Stewart has obtained authority to conduct store closing
sales at 27 locations around the United States in accordance with a
consulting agreement with Gordon Brothers Retail Partners, LLC.
ASN INVESTMENTS: Court Denies Bid to Use Cash Collateral
--------------------------------------------------------
ASN Investments, LLC failed to win approval from the U.S.
Bankruptcy Court for the Eastern District of Pennsylvania to use
cash collateral to fund its operations.
The court denied the Debtor's motion to use cash collateral,
finding that the Debtor failed to provide clear evidence of the
amount and proposed use, preventing the court from assessing the
adequacy of protection for secured creditors.
ASN is a Pennsylvania corporation that owns and rents residential
properties in Philadelphia, including properties at 2348 and 2352
N. 29th Street, which are subject to first-position liens held by
CM2841 Investors, LLC, and a property at 2350 N. 29th Street, on
which CM2841 holds a second lien. Rents from the properties
constitute cash collateral.
The Debtor said rental income is currently limited, with only one
unit expected to be rented as of January 2026 and disclosed limited
ancillary income from a one-time event held by an affiliated
entity, Elevated Experience, LLC, for which corrective lease
arrangements have since been prepared.
About ASN Investment Group LLC
ASN Investment Group, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Pa. Case No. 25-14054) on October
6, 2025, with up to $50,000 in assets and liabilities.
Judge Derek J. Baker presides over the case.
Maggie S. Soboleski, Esq., represents the Debtor as legal counsel.
AVALON MOBILE: Fine-Tunes Plan Documents
----------------------------------------
Avalon Mobile Home Park Partnership LLLP submitted a Disclosure
Statement to accompany Amended Plan of Reorganization dated
December 15, 2025.
The Plan constitutes a chapter 11 reorganization plan for the
Debtor. The Plan provides for payments to creditors from both cash
on hand as of the Effective Date and any recovery from a claim
against the Debtor's prior insurance carrier.
Following the denial of the writ of certiorari, the Debtor and its
counsel entered into a series of negotiations with Ms. Ramirez and
her counsel seeking to satisfy her Claim against the Debtor. These
negotiations resulted in the Ramirez Settlement Agreement. During
the course of their negotiations, the Debtor and Ms. Ramirez agreed
that the value of the Debtor's property would be considered $4.5
million for settlement purposes, which is the assessed value of
such property in the tax records of Clayton County, Georgia.
The parties agreed that if the Bad Faith Claim results un a
recovery, before attorneys' fees of $4.5 million or more, and the
Reorganized Debtor pays the net proceeds of that recovery, to
Ramirez, the Ramirez Claim will be considered satisfied in full. If
the Bad Faith Claim results in a recovery of less than $4.5
million, or no recovery at all, then the Reorganized Debtor will be
required to pay the difference between the recovered amount and
$4.5 million to Ramirez in order to satisfy the Ramirez Claim in
full.
If the Reorganized Debtor is unable or unwilling to do so, Ramirez
will be permitted to foreclose on the Debtor's property and retain
any resulting proceeds so that her aggregate recovery totals $4.5
million in order for the Ramirez Claim to be considered satisfied
in full. In addition, while the Bad Faith Claim is pending, the
Reorganized Debtor will pay Ramirez $15,000 per month for up to two
years, or all of which may be returned to the Reorganized Debtor
depending on the amount of any recovery on the Bad Faith Claim.
Under the Plan, all non-Ramirez creditors will be paid in full on
or as soon as practical after the effective date. The Reorganized
Debtor will make an initial distribution to Ms. Ramirez towards her
allowed claim, and pursue the Bad Faith Claim against Auto-Owners.
The Reorganized Debtor will also pay Ms. Ramirez $15,000 per month
for up to two years while the Bad Faith Claim is pending.
Class 3 consists of Allowed General Unsecured Claims. The
Reorganized Debtor will pay all Allowed General Unsecured Claims in
Cash in full on the Effective Date or as soon thereafter as is
reasonably practicable. Class 3 is Unimpaired by the Plan. Holders
of Class 3 Claims are not entitled to vote to accept or reject the
Plan. The allowed unsecured claims total $15,000.00. This Class
will receive a distribution of 100% of their allowed claims.
Class 4 consists of Ramirez Claim. The Allowed Ramirez Claim shall
be satisfied pursuant to the terms of the Ramirez Settlement
Agreement.
Class 5 consists of Equity Interests. As of the Effective Date all
Equity Interests in the Debtor shall retain their Interests in the
Reorganized Debtor to the same extent that they held Interests in
the Debtor.
Payments to Holders of Allowed Claims shall be paid either from
(a) Cash held by the Reorganized Debtor on and after Effective
Date, or (b) proceeds generated from the Bad Faith Claim and/or the
Malpractice Claim.
A full-text copy of the Disclosure Statement dated December 15,
2025 is available at https://urlcurt.com/u?l=87t6XH from
PacerMonitor.com at no charge.
Counsel for the Debtor:
J. Robert Williamson, Esq.
J. Hayden Kepner, Jr., Esq.
SCROGGINS & WILLIAMSON, P.C.
4401 Northside Parkway, Suite 450
Atlanta, GA 30327
Tel: (404) 893-3880
Email: aray@swlawfirm.com
About Avalon Mobile Home Park Partnership
Avalon Mobile is primarily engaged in renting and leasing real
estate properties.
Avalon Mobile Home Park Partnership LLLP filed its voluntary
petition for relief under Chapter 11 of the Bankruptcy Code (Bankr.
N.D. Ga. Case No. 23-60521) on Oct. 25, 2023. The petition was
signed by Kathryn C. Taylor as general partner. At the time of
filing, the Debtor estimated $1 million to $10 million in assets
and $10 million to $50 million in liabilities.
Judge Barbara Ellis-Monro presides over the case.
J. Robert Williamson, at Scroggins & Williamson, P.C., is the
Debtor's counsel.
BIOMERICA INC: Six Key Proposals Approved at Annual Meeting
-----------------------------------------------------------
Biomerica, Inc. held its 2025 Annual Meeting of Stockholders. As of
October 15, 2025, the record date for the 2025 Annual Meeting, the
Company had 2,947,966 shares of common stock outstanding and
entitled to vote, of which 1,554,917 shares of common stock were
present in person or represented by proxy and entitled to vote at
the 2025 Annual Meeting. The final voting results for each proposal
submitted to stockholders at the 2025 Annual Meeting are:
Proposal No. 1: The Company's stockholders elected each of the five
nominees named to serve on the Company's Board of Directors until
the next annual meeting of stockholders of the Company and until
his or her successor has been elected and qualified or until his or
her earlier resignation, death or removal.
1. Zackary Irani
* Votes For: 428,961
* Votes Withheld: 76,998
* Broker Non-Votes: 1,048,958
2. Allen Barbieri
* Votes For: 381,206
* Votes Withheld: 124,753
* Broker Non-Votes: 1,048,958
3. Eric Bing Chin, CPA
* Votes For: 388,403
* Votes Withheld: 117,556
* Broker Non-Votes: 1,048,958
4. Gary Huff
* Votes For: 422,680
* Votes Withheld: 83,279
* Broker Non-Votes: 1,048,958
5. David Moatazedi
* Votes For: 361,240
* Votes Withheld: 144,719
* Broker Non-Votes: 1,048,958
Proposal No. 2: The Company's stockholders approved, on a
non-binding advisory basis, the compensation paid to its named
executive officers.
* Votes For: 411,157
* Votes Against: 87,344
* Votes Abstaining: 7,458
* Broker Non-Votes: 1,048,958
Proposal No. 3: The Company's stockholders ratified the selection
of Haskell & White LLP as the Company's independent registered
public accounting firm for the fiscal year ending May 31, 2026.
* Votes For: 1,472,716
* Votes Against: 73,443
* Votes Abstaining: 8,758
* Broker Non-Votes: --
Proposal No. 4: The Company's stockholders approved the amendment
to the Company's 2024 Stock Incentive Plan to increase the number
of shares of common stock authorized for issuance under the 2024
Stock Incentive Plan by 200,000 shares.
* Votes For: 371,339
* Votes Against: 131,430
* Votes Abstaining: 3,190
* Broker Non-Votes: 1,048,958
Proposal No. 5: The Company's stockholders approved the amendment
to the Company's Amended and Restated Certificate of Incorporation
to authorize the Board, at their discretion, to effect an increase
in the number of authorized shares of the Company's common stock
from 25,000,000 to 300,000,000.
* Votes For: 1,028,102
* Votes Against: 513,650
* Votes Abstaining: 13,165
* Broker Non-Votes: --
Proposal No. 6: The Company's stockholders approved an adjournment
of the Annual Meeting, if necessary or appropriate, including to
establish a quorum.
* Votes For: 1,349,014
* Votes Against: 187,592
* Votes Abstaining: 18,311
* Broker Non-Votes: --
About Biomerica, Inc.
Headquartered in Irvine, Calif., Biomerica, Inc. is a global
biomedical technology Company that develops, patents, manufactures
and markets advanced diagnostic and therapeutic products. The
Company's diagnostic test kits are utilized in the analysis of
blood, urine, nasal, or fecal samples for the diagnosis of various
diseases, food intolerances, and other medical conditions. These
kits also measure levels of specific hormones, antibodies,
antigens, and other substances, which may exist in the human body
at extremely low concentrations. The Company's products are
designed to enhance health and well-being while reducing overall
healthcare costs.
Irvine, Calif.-based Haskell & White LLP, the Company's auditor
since 2022, issued a "going concern" qualification in its report
dated Aug. 29, 2025, attached to the Company's Annual Report on
Form 10-K for the fiscal year ended May. 31, 2025, citing that the
Company has experienced recurring losses and negative cash flows
from operations and has an accumulated deficit and limited liquid
resources. These matters raise substantial doubt about the
Company's ability to continue as a going concern.
As of August 31, 2025, the Company had $6.85 million in total
assets, $1.70 million in total liabilities, and a total
stockholders' equity of $5.16 million.
BIOXCEL THERAPEUTICS: Five Key Proposals Approved at Annual Meeting
-------------------------------------------------------------------
BioXcel Therapeutics, Inc. held its annual meeting of stockholders
on December 12, 2025.
At the Annual Meeting, a total of 9,726,849 shares of common stock
were present in person or represented by proxy at the meeting,
representing approximately 44.68% of the Company's outstanding
common stock as of the October 31, 2025 record date.
The proposals considered and voted upon at the meeting, each of
which was described in the Company's definitive Proxy Statement on
Schedule 14A filed with the Securities and Exchange Commission on
November 12, 2025, received the voting results:
Proposal 1: Election of three Class I directors for a term of
office expiring on the date of the annual meeting of stockholders
in 2028 and until their respective successors have been duly
elected and qualified.
1. June Bray
* Votes For: 1,735,749
* Votes Withheld: 322,163
* Broker Non-Votes: 7,668,937
2. Sandeep Laumas, M.D.
* Votes For: 1,474,122
* Votes Withheld: 583,790
* Broker Non-Votes: 7,668,937
3. David Mack
* Votes For: 1,840,490
* Votes Withheld: 217,422
* Broker Non-Votes: 7,668,937
Proposal 2: Ratification of the appointment of Ernst & Young LLP as
the Company's independent registered public accounting firm for the
year ending December 31, 2025.
* Votes FOR: 9,478,711
* Votes AGAINST: 202,558
* Votes ABSTAINED: 45,580
* Broker Non-Votes: 0
Proposal 3: Approval, on an advisory (non-binding) basis, of the
compensation of our named executive officers.
* Votes FOR: 1,616,305
* Votes AGAINST: 394,890
* Votes ABSTAINED: 46,717
* Broker Non-Votes: 7,668,937
Proposal 4: Approval of an amendment to our Amended and Restated
Certificate of Incorporation, as amended to effect, within 12
months following the date of stockholder approval and solely if the
Board determines it is necessary and advisable to regain compliance
with the minimum bid price requirements of the Nasdaq Capital
Market, a reverse stock split at a ratio of not less than 1-for-2
and not greater than 1-for-20, with the exact ratio to be set
within that range by the Board.
* Votes FOR: 7,557,091
* Votes AGAINST: 2,116,237
* Votes ABSTAINED: 53,521
* Broker Non-Votes: 0
Proposal 5: Authorization of one or more adjournments of the Annual
Meeting to solicit additional proxies in the event there are
insufficient votes to approve Proposal 4.
* Votes FOR: 8,137,303
* Votes AGAINST: 1,508,591
* Votes ABSTAINED: 80,955
* Broker Non-Votes: 0
Based on the results, the three director nominees were elected, and
Proposals 2, 3, 4 and 5 were approved, and adjournment of the
Annual Meeting was not necessary or appropriate because there were
sufficient votes in favor of Proposal 4.
About BioXcel Therapeutics
Headquartered in New Haven, Conn., BioXcel Therapeutics, Inc., is a
biopharmaceutical Company utilizing artificial intelligence to
develop transformative medicines in neuroscience and, through the
Company's wholly owned subsidiary, OnkosXcel Therapeutics LLC,
immuno-oncology. The Company is focused on utilizing cutting-edge
technology and innovative research to develop high-value
therapeutics aimed at transforming patients' lives. The Company
employs various AI platforms to reduce therapeutic development
costs and potentially accelerate development timelines.
Stamford, Conn.-based Ernst & Young LLP, the Company's auditor
since 2021, issued a "going concern" qualification in its report
dated March 28, 2025, attached to the Company's Annual Report on
Form 10-K for the year ended December 31, 2024, citing that the
Company has suffered recurring losses from operations, has used
significant cash in operations and has stated that substantial
doubt exists about the Company's ability to continue as a going
concern.
As of September 30, 2025, the Company had $44.8 million in total
assets, $133.7 million in total liabilities, and $88.9 million in
total stockholders' deficit.
BLUE DUCK: Court Confirms First Amended Subchapter V Plan
---------------------------------------------------------
The United States Bankruptcy Court for the Northern District of
Texas confirmed the First Amended Small Business Debtor's Plan of
Blue Duck Energy MVR, LLC.
The Court finds that the Debtor has met its burden of proving the
elements of Sec. 1191 and the applicable elements of Sec. 1129 of
the Bankruptcy Code and that the Plan complies with all relevant
Bankruptcy Code provisions, including Subchapter V and the
applicable subsections of Secs. 1122, 1123, 1126 and 1129 of the
Bankruptcy Code.
As reported by the Troubled Company Reporter on Sept. 11, 2025,
Blue Duck Energy MVR, LLC filed with the U.S. Bankruptcy Court for
the Northern District of Texas a Plan of Reorganization for Small
Business dated September 2, 2025.
The Debtor owns working interests in oil and gas wells in West
Texas. Through a contract operator, the Debtor operates certain of
those wells, and third-party operators operate the others.
The Debtor also owns an interest in a natural gas gathering system,
which a third party also operates. Either the Debtor will sell its
assets, or if not then these operations generate net revenue
sufficient to carry out the terms of this Plan.
On December 28, 2021, the Debtor was established pursuant to a
Company Agreement -- MVR Company Agreement -- was signed by its
initial member, Blue Duck Energy, Ltd. The Debtor is the operating
subsidiary of Blue Duck. The majority of Blue Duck's assets are
held at the Debtor's level. The Debtor continues to conduct,
through its contract operator and other service providers,
maintenance, repair, management, and operations of certain oil and
gas wells in West Texas, mostly in Roberts County, Texas.
The Plan proposes to reorganize the Debtor. The Debtor proposes
either to sell substantially all of its assets or to restructure
the claim of its sole secured creditor and to repay its obligations
to such creditor over a period of five years at the prepetition
contract rate of interest. The Debtor proposes to repay its
unsecured creditors in full over a period of six months or upon the
sale of its assets, whichever occurs first.
Class 2 consists of Unsecured Trade Claims. Allowed unsecured trade
claims will be paid in full, with interest at the prime rate in
effect on the Effective Date, in six equal monthly installment
payments starting on the first day of the first full month
following the Effective Date. In the event of a sale of
substantially all the Debtor's assets, allowed unsecured claims
will be paid in full from any sale proceeds remaining after the
satisfaction of claims in senior classes. This Class is impaired.
Class 3 consists of General Unsecured Claims. Allowed general
unsecured claims will be paid in full, with interest at the prime
rate in effect on the Effective Date, in sixty equal monthly
installment payments starting on the first day of the first full
month following the Effective Date. This Class is impaired.
Blue Duck shall retain its Equity Interests in the Debtor;
provided, however, that only Jason Rae in his capacity as chapter
11 trustee of Blue Duck shall have authority to exercise control
over such Equity Interests unless and until the Bankruptcy Court
orders otherwise.
Payments required to be made under this Plan will be funded by cash
on hand and revenue generated by the Debtor's continued business
operations. The Debtor also reserves the right to sell all or any
portion of its assets following confirmation of this Plan. The
Debtor may, but shall not be required to, seek Court approval of
any such sale under Section 363 of the Bankruptcy Code.
A full-text copy of the Plan of Reorganization dated September 2,
2025 is available at https://urlcurt.com/u?l=JKahRg from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Thomas D. Berghman, Esq.
Julian P. Vasek, Esq.
James K. “Kyle†Jaksa, Esq.
Munsch Hardt Kopf & Harr, P.C.
500 N. Akard St., Ste. 4000
Dallas, TX 75201
Telephone: (214) 855-7500
Email: tberghman@munsch.com
E-mail: jvasek@munsch.com
E-mail: kjaksa@munsch.com
A copy of the Court's Order dated December 11, 2025, is available
at https://urlcurt.com/u?l=TyCHSc from PacerMonitor.com.
About Blue Duck Energy MVR
Blue Duck Energy MVR, LLC operates in the oil and gas extraction
industry in Texas.
Blue Duck Energy MVR sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-20131) on
June 2, 2025. In its petition, the Debtor reported between $1
million and $10 million in assets and liabilities.
The Debtor tapped Thomas D. Berghman, Esq., at Munsch Hardt Kopf &
Harr, PC as counsel and Lain, Faulkner & Co. PC as financial
advisors.
BUCKINGHAM SENIOR: U.S. Trustee Appoints Susan Goodman as PCO
-------------------------------------------------------------
Lisa Lambert, U.S. Trustee for Region 6, appointed Susan Goodman as
patient care ombudsman for Buckingham Senior Living Community, Inc.
The appointment was made pursuant to the order from the U.S.
Bankruptcy Court for the Northern District of Texas on December
16.
Section 333 of the Bankruptcy Code directs that a patient care
ombudsman be appointed if a debtor is a health care business unless
the court finds that the appointment of such ombudsman is not
necessary for the protection of patients. The ombudsman is
responsible for monitoring the quality of patient care and
representing the interest of patients of the healthcare debtor.
Ms. Lambert disclosed in a court filing that she is a
"disinterested person" pursuant to Section 101(14) of the
Bankruptcy Code.
The ombudsman may be reached at:
Susan N. Goodman
Pivot Health Law
P.O. Box 69734
Oro Valley, AZ 85737
Phone: 520-744-7061
Email: sgoodman@pivothealthaz.com
About Buckingham Senior Living Community
Buckingham Senior Living Community, Inc., doing business as The
Buckingham, operates a not-for-profit continuing care retirement
community (CCRC) in Houston, Texas, offering independent living,
assisted living, memory care, skilled nursing, rehabilitation, and
respite care. The community spans 23 acres near the Memorial
neighborhood and features walking trails, courtyards, gardens,
24-hour security, dining, wellness programs, and other amenities
designed to support resident lifestyle and relationships.
Established over 20 years ago, The Buckingham provides
comprehensive senior living services, allowing residents to
transition across care levels as needs evolve.
Buckingham Senior Living Community filed a petition under Chapter
11, Subchapter V of the Bankruptcy Code (Bankr. N.D. Tex. Case No.
25-80595) on Nov. 17, 2025, listing up to $500 million in both
assets and liabilities.
Judge Michelle V. Larson presides over the case.
The Debtor tapped McDermott Will and Schulte LLP as counsel; Implex
Advisors, LLC as financial advisor; and Raymond James & Associates,
Inc. as investment banker. Epiq Corporate Restructuring, LLC is the
claims, noticing, solicitation, and administrative agent.
BUTTE PROPERTY: Hires Zink & Lenzi as Bankruptcy Counsel
--------------------------------------------------------
Butte Property Investment LLC seeks approval from the U.S.
Bankruptcy Court for the Eastern District of California to employ
attorney J.D. Zink of Zink & Lenzi to serve as general bankruptcy
counsel.
Mr. Zink will provide these services:
(a) give the Debtor and Debtor-in-Possession legal advice with
respect to its powers and duties in these proceedings;
(b) prepare on behalf of the Debtor and Debtor-in-Possession the
necessary applications, answers, orders, reports, and other legal
papers;
(c) perform all other legal services for the Debtor and
Debtor-in-Possession which may be necessary herein; and
(d) represent the Debtor in these Chapter 11 proceedings and
related matters as authorized by the Court.
According to court filings, Mr. Zink has no actual conflict with
the estate or creditors and is a disinterested person within the
meaning of the Bankruptcy Code.
The firm can be reached at:
J.D. Zink, Esq.
ZINK & LENZI
250 Vallombrosa Avenue, Suite 175
Chico, CA 95926
Telephone: (530) 895-1234
Facsimile: (530) 895-1254
About Butte Property Investment LLC
Butte Property Investment LLC is a single asset real estate
company.
Butte Property Investment LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Cal. Case No. 25-26079) on
October 31, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $100,001 and $1 million each.
Honorable Bankruptcy Judge Christopher D. Jaime handles the case.
The Debtor is represented by Joseph Dell Zink, Esq. of Zink &
Lenzi.
CALIFORNIA PIZZA: Names New CEO, Secures Buyout Agreement
---------------------------------------------------------
Abigail Summerville of Reuters reports that California Pizza
Kitchen (CPK) has reached a buyout agreement with an investor group
led by Consortium Brand Partners, marking a new chapter for the
restaurant chain. The deal comes five years after CPK emerged from
a Chapter 11 bankruptcy during the pandemic.
As part of the transition, Jon Weber, CEO of Convive Brands, will
lead CPK's restaurant division, while Michael Beacham, the current
president of CPK, will oversee its consumer packaged goods
business. The leadership changes aim to guide the company through
its next phase of growth, according to report.
The transaction includes investors such as billionaire Todd
Boehly's Eldridge Industries, Bain Capital's credit arm, and Aurify
Brands. Although terms were not disclosed, the deal is expected to
close later this month. CPK, founded 40 years ago in Beverly Hills
with over 120 locations worldwide, plans to expand domestically and
internationally under the new ownership, the report states.
About California Pizza Kitchen
California Pizza Kitchen, Inc. -- http://www.cpk.com/-- is a
casual dining restaurant chain that specializes in California-style
pizza. Since opening its doors in Beverly Hills in 1985, CPK has
grown from a single location to more than 200 restaurants
worldwide. CPK's traditional dine-in locations are full-service
restaurants that serve pizza, salads, pastas and other
California-inspired fare, alongside a curated selection of wines
and a menu of handcrafted cocktails and craft beers. Though the
Company's dine-in restaurants are the primary way the Company
serves its customers, CPK also has a number of "off-premises"
services and licensing agreements that allow customers to get their
favorite CPK dishes on the go.
California Pizza Kitchen, Inc., filed a Chapter 11 petition (Bankr.
S.D. Tex. Case No. 20-33752) on July 29, 2020. The Hon. Marvin
Isgur oversees the case.
At the time of filing, the Debtors have $100 million to $500
million estimated assets and $500 million to $1 billion estimated
liabilities.
Kirkland & Ellis is serving as legal counsel to CPK, Guggenheim
Securities, LLC is serving as its financial advisor and investment
banker, and Alvarez & Marsal, Inc., as restructuring advisor.
Gibson, Dunn & Crutcher LLP is acting as legal counsel for the
group of first lien lenders and FTI Consulting, Inc. is acting as
its financial advisor. Prime Clerk is the claims agent.
* * *
California Pizza Kitchen in November 2020 emerged from Chapter 11
bankruptcy protection with $220 million less in debt and no lending
obligations coming due in the near term.
CAMP LOUEMMA: Seeks to Sell Sussex Properties at Auction
--------------------------------------------------------
Camp Louemma Lane Inc. and its affiliates, seek permission from the
U.S. Bankruptcy Court for the District of New Jersey to sell
Property, free and clear of liens, claims, interests, and
encumbrances.
The Debtor is the owner of certain real properties located at 43
Louemma Lane, Sussex, New Jersey, 07461 (Camp Property) and 11
Louemma Lane Sussex, New Jersey 07461 (Louemma Property).
The Camp Property consists of approximately 150 acres and is
currently improved with a recreational summer camp facility. There
are forty-four main buildings located on the Camp Property and a
large private lake with a dock, 6,930 sq. ft. pavilion, inground
pool with slides, three tennis courts, a sand volleyball court, two
basketball courts, soccer and baseball fields, a climbing tower and
a large
playground area.
The Louemma Property consists of a small structure on land nearby.
The lienholder of the Property is L&L Capital Partners LLC.
The Debtor retains eRealty Advisors, Inc. as real estate broker.
The salient provisions of bidding procedures are:
-- Bid Deadline: March 23, 2026 at 4:00 pm ET.
-- Auction: The Auction will be held at the offices of Debtor's
counsel, A.Y. Strauss LLC, 290 West
Mount Pleasant Avenue, Suite 3260, Livingston, New Jersey 07039 on
March 24, 2026 at 11:00 am (ET).
-- Additional Deposit: Within three business days after the Auction
increase the Deposit as necessary
to an amount equal to 20% of its final bid at the Auction.
-- Broker's Fee: Five percent.
-- Buyer's Premium: Five percent
About Camp Louemma Lane Inc.
Camp Louemma Lane Inc. is a nonprofit organization that operated a
co-ed overnight summer camp for children in Sussex, New Jersey. The
camp emphasized group living and daily activities designed to
promote personal growth and learning.
Camp Louemma Lane Inc. 29ought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 25-15658) on May 29, 2025.
In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
Judge Mark Edward Hall handles the case.
The Debtors are represented by Eric H. Horn, Esq. and Deanna
Olivero, Esq., at A.Y. Strauss, LLC.
L&L Capital Partners LLC, as lender, is represented by Clifford A.
Katz, Esq., at Goetz Platzer, LLP, in New York.
CCH JOHN EAGAN I: Gets Interim OK to Use Cash Collateral
---------------------------------------------------------
CCH John Eagan I Partners, LLC and John Eagan II Partners, LLC
received interim approval from the U.S. Bankruptcy Court for the
Southern District of Florida, West Palm Beach Division, to use cash
collateral.
The court issued an interim order authorizing the Debtors to use
cash collateral through January 22, 2026, to pay operating expenses
in accordance with their budget. With the receiver's consent, the
Debtors may exceed individual budget line items by up to 10% or
exceed individual items by more than 10% so long as total overages
do not exceed 10% in the aggregate.
The Debtor projects total operational expenses of $159,262 and
$48,524 for January and February 2026, respectively.
As adequate protection, Lending Group US, LLC, Bridgeview Funding,
LLC and the Housing Authority of the City of Atlanta, Georgia, will
be granted post-petition replacement liens on some of the Debtors'
assets, to the same extent and priority as their pre-bankruptcy
liens. These replacement liens do not apply to avoidance actions or
assets not subject to pre-bankruptcy liens.
The next hearing is scheduled for January 22, 2026.
The interim order is available at https://is.gd/OdSptT from
PacerMonitor.com.
The Debtors own and operate the Magnolia Park Apartments in
Atlanta, Georgia, a large, integrated residential complex
consisting of two phases that share common amenities and
infrastructure. Phase I, owned by CCH I, contains 220 units, while
Phase II, owned by CCH II, contains 180 units, with the combined
property valued at more than $49 million.
The Debtors identify Lending Group US and Bridgeview Funding as
first-priority mortgage lenders on Phases I and II, respectively,
and the Housing Authority of the City of Atlanta as a
second-priority mortgage holder on both phases. The bankruptcy
filings were triggered by a dispute with the Housing Authority over
an alleged breach of a settlement agreement, which led to the
appointment of a state-court receiver—a move opposed by the
senior lenders. The Debtors commenced their Chapter 11 cases to
regain control of the property, restructure their finances,
complete deferred repairs and maintenance, and pursue long-term
redevelopment of the apartment complex.
About CCH John Eagan I Homes, L.P.
CCH John Eagan I Homes, L.P. is a limited partnership specializing
in real estate holdings, focused on property ownership and
development activities.
CCH John Eagan I Homes, L.P. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. Case No. 25-24569) on December 10,
2025. In its petition, the debtor reports estimated assets ranging
from $10 million to $50 million and estimated liabilities between
$10 million and $50 million.
Honorable Bankruptcy Judge Mindy A. Mora is overseeing the case.
The debtor is represented by Philip J. Landau, Esq. of Landau Law,
PLLC.
CD GREENE: Voluntary Chapter 11 Case Summary
--------------------------------------------
Debtor: CD Greene Inc.
32 East 57th Street, 11th Floor
New York, NY 10022
Business Description: CD Greene Inc. designs and retails women's
apparel, including cocktail, evening, and
bridal collections. The Company operates
from New York, New York, in the apparel
design and retail industry.
Chapter 11 Petition Date: December 21, 2025
Court: United States Bankruptcy Court
Southern District of New York
Case No.: 25-12853
Judge: Hon. John P. Mastando III
Debtor's Counsel: Charles Wolofsky, Esq.
WOLOFSKY PLLC
825 Third Avenue, 21st Floor
New York, NY 10022
Tel: 212-324-2972
E-mail: charles.wolofsky@wololaw.com
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Charles Greene as president.
A list of the Debtor's 20 largest unsecured creditors was not
provided alongside the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/AJHNTUY/CD_Greene_Inc__nysbke-25-12853__0001.0.pdf?mcid=tGE4TAMA
CENTER FOR EMOTIONAL: Appointment of Suzanne Koenig as PCO OK'd
---------------------------------------------------------------
Judge Pamela McAfee of the U.S. Bankruptcy Court for the Eastern
District of North Carolina approved the appointment of Suzanne
Koenig as patient care ombudsman for Center for Emotional Health,
PC.
On December 9, the Bankruptcy Administrator ("BA") filed the Report
recommending that the court appoint a patient care ombudsman
pursuant to Section 333(b) of the Bankruptcy Code. The BA further
recommended that Suzanne Koenig at SAK Management Services, LLC, be
appointed to serve as the patient care ombudsman.
In addition, the BA recommended that the report be posted at each
facility and available on the court's website. To ensure payment of
the patient care ombudsman and other priority administrative
expenses, the Debtor has agreed to request within subsequent cash
collateral budgets authority to set aside $15,000.00 monthly for
payment of costs associated with the PCO's activities.
The court agrees with the BA's recommendations. The BA has filed
the affidavit of Ms. Koenig in compliance with Fed. R. Bankr. P.
2007.2. The court agrees that the appointment of a patient care
ombudsman is appropriate, and that Ms. Koenig is qualified to serve
in that role.
A copy of the appointment order is available for free at
https://urlcurt.com/u?l=4Uy7z5 from PacerMonitor.com.
About Center for Emotional Health PC
Center for Emotional Health, PC provides outpatient mental health
services, including therapy for children and adults, counseling,
and medication management, operating from Salisbury, North
Carolina. The practice offers treatment for substance-use disorders
and specialized programs for veterans, serving patients through a
combination of individual and group sessions. It is classified
within the healthcare industry, specifically in behavioral and
mental health services.
Center for Emotional Health sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D. N.C. Case No. 25-04478) on
November 10, 2025, listing between $1 million and $10 million in
assets and liabilities. Jonathan Stoudmire, president of Center for
Emotional Health, signed the petition.
Judge Pamela W. McAfee oversees the case.
Philip M. Sasser, Esq., at Sasser Law Firm represents the Debtor as
bankruptcy counsel.
CITY MASSAGE: Unsecureds to Get 24 Cents on Dollar in Plan
----------------------------------------------------------
City Massage, LLC filed with the U.S. Bankruptcy Court for the
Southern District of Florida a Plan of Reorganization for Small
Business dated December 15, 2025.
The Debtor is a Florida limited liability company. Since 2004, the
Debtor has been in the business of providing day spa services,
including massages, facials and body treatments, in five spas
located at hotels in South Beach and the Brickell Avenue area.
The Plan Proponent's financial projections show that the Debtor
will have projected disposable income of approximately $202,000.00
over the three-year period of the Plan. The final Plan payment is
expected to be paid in February 2029.
This Plan of Reorganization proposes to pay creditors of the Debtor
from cash flow from operations.
There is one class of non-priority unsecured creditors which
currently contains 11 creditors, many of which have claims that
will be subject to objection by the Debtor. Current unsecured
claims reflected either in Debtor's schedules or in filed proofs of
claim total approximately $926,000. Non-priority unsecured
creditors holding allowed claims will receive distributions, which
the proponent of this Plan has valued at approximately 24 cents on
the dollar. The Plan also provides for the payment of
administrative and priority claims.
Class 2 consists of Non-priority unsecured creditors. Class 2
creditors holding allowed non-priority unsecured claims will be
paid in cash on a pro rata basis with other creditors in this class
in quarterly payments from disposable income, with such payments to
commence upon the later of: (i) the completion of payment of
administrative expense claims, priority tax claims and the Class 1
secured claim; or (ii) the date on which such claims are allowed by
final non-appealable orders. Current unsecured claims reflected
either in Debtor's schedules or in filed proofs of claim total
approximately $926,000. This Class is impaired.
Class 3, the equity interests of the equity security holder, will
be retained by Marizza Contreras upon Confirmation.
The Debtor will apply its disposable income to make payments under
the Plan on a quarterly basis for a three-year period, which will
begin on the date the first payment is due under the Plan. The
first payment under the Plan shall be made three months after the
Effective Date, and shall be comprised of the Debtor's disposable
income over the preceding three months.
Additional quarterly payments of the Debtor's disposable income
over each preceding three-month period will be made thereafter
until 12 total distributions have been made. The Reorganized Debtor
will continue to be operated by its sole owner and principal,
Marizza Contreras.
A full-text copy of the Plan of Reorganization dated December 15,
2025 is available at https://urlcurt.com/u?l=fhjzCO from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Tamara D. McKeown, Esq.
AARONSON SCHANTZ BEILEY P.A.
One Biscayne Tower, Suite 3450
2 South Biscayne Boulevard
Miami, FL 33131
Telephone: (786) 594-3000
Facsimile: (305) 579-9073
E-mail: tmckeown@aspalaw.com
About City Massage
City Massage, LLC is a Florida limited liability company.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-20791) on September
16, 2025, listing up to $50,000 in assets and between $500,001 and
$1 million in liabilities.
Judge Corali Lopez-Castro presides over the case.
Tamara D. McKeown, Esq., represents the Debtor as legal counsel.
COMPASS COFFEE: Closes Key Locations as Bankruptcy Filing Looms
---------------------------------------------------------------
Kirk O'Neil of The Street reports that struggling coffee chain
Compass Coffee has agreed to vacate its Washington, D.C., roastery
and warned in court filings that it could file for bankruptcy
protection by 2025's end. The developments mark a significant
setback for the regional Starbucks rival amid escalating lease
disputes.
Compass Coffee will relinquish its roastery at 1401 Okie Street
nearly three months after a D.C. Superior Court judge ordered the
company to resume rent payments while litigation with its landlord
continued, according to the Washington Business Journal. Court
documents show the tenant has not paid rent since January 2025, the
report states.
The company's landlord, American Armed Forces Mutual Aid
Association, secured a court order in September 2025 requiring an
initial payment of more than $113,000 and monthly rent payments
exceeding $116,000 beginning October 1, 2025. The landlord alleges
Compass Coffee now owes more than $744,000 in unpaid rent and
associated charges, the report states.
In addition, Compass Coffee faces a separate lawsuit from former
landlord Douglas Development Corp., which claims the company owes
more than $300,000 in back rent. Founded in 2014, Compass Coffee
operates approximately 25 locations across Washington, D.C.,
Virginia, and Maryland, and has warned it may turn to bankruptcy if
lease negotiations fail, according to report.
About Compass Coffee
Compass Coffee is a Washington, D.C.–based coffee roaster and
café chain founded in 2014 by former U.S. Marines Michael Haft and
Harrison Suarez. The company focuses on specialty coffee,
emphasizing in-house roasting, ethical sourcing, and
community-driven branding.
CORVIAS CAMPUS: Court Confirms Chapter 11 Plan of Liquidation
-------------------------------------------------------------
Judge Laurie Selber Silverstein of the United States Bankruptcy
Court for the District of Delaware confirmed the Combined
Disclosure Statement and Chapter 11 Plan of Liquidation of Corvias
Campus Living - USG, LLC.
The Disclosure Statement contains extensive material information
regarding the Debtor so that parties entitled to vote on the Plan
could make informed decisions regarding the Plan. The Disclosure
Statement contains "adequate information" (as such term is defined
in section 1125(a) of the Bankruptcy Code and used in section
1126(b)(2) of the Bankruptcy Code) with respect to the Debtor, the
Plan, and the transactions contemplated therein.
The Disclosure Statement is approved on a final basis pursuant to
section 1125 of the Bankruptcy Code as containing adequate
information, and sufficient information of a kind necessary to
satisfy the disclosure requirements of any applicable
non-bankruptcy laws, rules, and regulations. All objections to
approval of the Disclosure Statement not otherwise withdrawn,
resolved, or otherwise disposed of at the Confirmation Hearing or
in this Confirmation Order are overruled and denied on the merits.
As reported by the Troubled Company Reporter on Oct. 20, 2025,
Corvias Campus Living - USG, LLC filed with the U.S. Bankruptcy
Court for the District of Delaware a Combined Disclosure Statement
and Plan of Liquidation dated October 8, 2025.
The Debtor is a member-managed, single purpose entity that was
formed in Delaware. CCL - USG's sole member is Corvias, LLC. The
sole member of Corvias, LLC is Corvias Group, LLC.
CCL - USG, under the Project Lease Documents, leases and manages
approximately 10,000 student beds totaling over 3 million square
feet of living space on the USG Campuses as a public-private
partnership (the "P3") with the The Board of Regents for the
University System of Georgia (the "BOR"), involving the lease,
design, construction, management, operation, maintenance, repair
and replacement of certain student housing resources on the USG
Campuses.
Following the successful outcome of the mediation and the execution
of the Term Sheet, the Debtor continued to focus on operating the
USG Student Housing Program in the ordinary course and maintaining
relationships with trade creditors. Simultaneously, the Debtor
began working hand in hand with the BOR on implementing the
transactions contemplated by the Term Sheet, including drafting the
Asset Purchase Agreement, Transition Services Agreement, and the
Combined Disclosure Statement and Plan. Further, the Debtor worked
closely with the Noteholder Group and other key stakeholders to
negotiate the Effective Date Budget to fund the chapter 11 case
through the Effective Date, consistent with the Term Sheet.
After several weeks of negotiations, the Debtor, the BOR, the
Consenting Noteholders and the Corvias Parties reached agreement on
the material terms of this Plan, which include the Sale to the BOR
of the Projects and related assets free and clear of liens, claims,
encumbrances and other interests in January 2026, following
completion of the Fall 2025 semester, with (i) the Sale Proceeds,
less $3,000,000 for the Debtor's Estate, (ii) additional Available
Cash on Hand being distributed to the Noteholders and (iii) mutual
releases.
Over the coming months, the Debtor, the BOR and campus
representatives will work to ensure that operations remain
unchanged through year-end, followed by a seamless management
transition back to the BOR. In addition, the Combined Disclosure
Statement and Plan provides for the treatment of Claims and
Interests of the Debtor's creditors and stakeholders. The Debtor
believes the Plan represents the best outcome for all creditors and
parties in interest.
Class 4 consists of General Unsecured Claims. Except to the extent
that the Holder of an Allowed Claim in Class 4 agrees to less
favorable treatment (or such other treatment which the Debtor or
the Post Effective Date Debtor, as applicable, and the Holder of
such Allowed Class 4 Claim have agreed upon in writing), each
Holder of an Allowed Claim in Class 4 shall receive in full and
final satisfaction, settlement, and release of and in exchange for
its Allowed Class 4 Claim, its Pro Rata share of the GUC Recovery.
For the avoidance of doubt, the Collateral Agent and Noteholders
shall not receive any portion of the GUC Recovery.
On the Effective Date, the Debtor shall consummate the sale and
transfer of the Transferred Assets to the BOR, and, in exchange the
BOR shall remit payment of the Sale Proceeds in accordance with the
terms of the Asset Purchase Agreement and this Plan. To effectuate
the transfer to the BOR of ownership and control of the Projects
pursuant to this Plan the Project Lease Documents will be rejected
and terminated as of the Effective Date. In addition, the BOR shall
retain and be paid its BOR Administrative Claim and BOR Utility
Payment, and waive and release all other claims, including default
interest, late fees, attorneys' fees, rejection damages claims, and
claims pursuant to 503(b)(3)(D) against the Debtor and its Estate.
On the Effective Date, the BOR shall pay the Sale Proceeds as
follows (1) $205,000,000 on behalf of the Debtor directly to the
Collateral Agent, for itself and for the benefit of the Noteholders
and (2) $3,500,000 to the Debtor as Additional Effective Date Cash
less the BOR Utility Payment. On the Effective Date, $3,000,000 of
the Additional Effective Date Cash, less the BOR Utility Payment,
will be deposited into an unencumbered account to be held as Estate
Funds and will be available to pay (a) Holders of Allowed Claims
(not including the Noteholders, Collateral Agent, or Noteholder
Claims) and (b) Post-Effective Date Debtor Expenses.
A full-text copy of the Combined Disclosure Statement and Plan
dated October 8, 2025 is available at
https://urlcurt.com/u?l=oDBzH3 from PacerMonitor.com at no charge.
The Debtor's Counsel:
Derek C. Abbott, Esq.
Matthew O. Talmo, Esq.
Tamara K. Mann, Esq.
Brenna A. Dolphin, Esq.
Brianna N.V. Turner, Esq.
MORRIS NICHOLS ARSHT & TUNNELL, LLP
1201 North Market Street #1600
Wilmington, DE 19081
Tel: (302) 658-9200
Fax: (302) 658-3989
Email: dabbott@morrisnichols.com
mtalmo@morrisnichols.com
tmann@morrisnichols.com
bdolphin@morrisnichols.com
bturner@morrisnichols.com
The classification of Claims and Interests under the Plan is proper
under the Bankruptcy Code. In addition to Administrative Claims,
Professional Fee Claims, and Tax Claims, which need not be
classified, the Plan designates six Classes of Claims and
Interests. The Claims or Interests placed in each Class are
substantially similar to other Claims or Interests, as the case may
be, in each such Class. Valid business, factual, and legal reasons
exist for separately classifying the various Classes of Claims and
Interests created under the Plan, and such Classes do not unfairly
discriminate between Holders of Claims and Interests. Thus, the
Plan satisfies sections 1122 and 1123(a)(1) of the Bankruptcy Code.
The Plan, including the provisions governing the Post-Effective
Date Debtor, provides adequate and proper means for the Plan's
implementation. Pursuant to section 1123(a)(5)(D) of the
Bankruptcy Code and as described in Sections 9.2 and 9.3 of the
Plan, on the Effective Date, the Debtor will sell the Transferred
Assets free and clear of all claims, Encumbrances, and other
interests to the BOR, and, in exchange, the BOR shall remit payment
of the Sale Proceeds in accordance with the terms of the Asset
Purchase Agreement and the Plan. The Sale is intended (i) to
effectuate the functional equivalent of a foreclosure and (ii) to
be treated as an exchange of property subject to nonrecourse
indebtedness for federal and applicable state and local tax
purposes. Thus, section 1123(a)(5) of the Bankruptcy Code is
satisfied.
The Plan's provisions are appropriate, in the best interests of the
Debtor and its Estate, and consistent with the applicable
provisions of the Bankruptcy Code and Bankruptcy Rules.
The Plan, as and to the extent modified by this Confirmation Order,
is approved and confirmed pursuant to section 1129 of the
Bankruptcy Code. All objections to confirmation of the Plan not
otherwise withdrawn, resolved, or otherwise disposed of at the
Confirmation Hearing or in this Confirmation Order are overruled
and denied on the merits.
A copy of the Court's Findings of Fact, Conclusions of Law, and
Order dated December 11, 2025, is available at
https://urlcurt.com/u?l=SXXqPP from PacerMonitor.com.
About Corvias Campus Living - USG, LLC
Corvias Campus Living is a campus housing operator that manages
student living facilities for universities within the University
System of Georgia.
Corvias Campus Living sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-11214) on June 25,
2025. In its petition, the Debtor reports estimated assets between
$10 million and $50 million and estimated liabilities between $500
million and $1 billion.
The Debtor is represented by Morris, Nichols, Arsht & Tunnell as
counsel and Holland & Knight LLP as special corporate counsel.
CohnReznick LLP served as financial advisor; and Donlin, Recano &
Company LLC as claims and noticing agent and administrative
advisor.
Eversheds Sutherland (US) LLP and Potter Anderson & Corroon LLP
represent an ad hoc noteholder group.
COSAMIA LLC: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------
Debtor: Cosamia LLC
2432 Kennoway CT
Ocoee, FL 34761
Chapter 11 Petition Date: December 18, 2025
Court: United States Bankruptcy Court
Middle District of Florida
Case No.: 25-08239
Judge: Hon. Lori V Vaughan
Debtor's Counsel: Daniel A. Velasquez, Esq.
LATHAM LUNA EDEN & BEAUDINE LLP
201 S. Orange Avenue
Suite 1400
Orlando, FL 32801
Tel: (407) 481-5800
Fax: (407) 481-5801
Email: dvelasquez@lathamluna.com
Estimated Assets: $0 to $50,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Derek Williams as president/manager.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/Y6CTXAY/Cosamia_LLC__flmbke-25-08239__0001.0.pdf?mcid=tGE4TAMA
CTL-AEROSPACE: To Sell Polymer Business to DK CTL
-------------------------------------------------
CTL-Aerospace, Inc., seeks approval from the U.S. Bankruptcy Court
for the Southern District of Ohio, Western Division at Cincinnati,
to sell substantially all Assets, including equipment, inventory,
intellectual property, and certain executory contracts and
unexpired leases, free and clear of liens, claims, interests, and
encumbrances.
The Debtor signed a Stalking Horse Agreement which provides the
sale of the Assets to DK CTL Aerospace Opco LLC, as designee of
DKOF VI Trading Subsidiary LP (the Debtor's primary prepetition and
postpetition secured lender) and Stalking Horse Buyer. The Stalking
Horse Agreement includes certain bid protections, including a
breakup fee, which were the necessary inducement for the Stalking
Horse Buyer's participation in the sale process.
The Sale Transaction shall proceed in accordance with the following
schedule as established by the Amended Scheduling Order and the
Extension Notice, as may be further extended in accordance with the
Auction Orders:
a. The Stalking Horse Bidder was designated and the Stalking Horse
Agreement filed on December 22, 2025;
b. The deadline for Stalking Horse Designation Objections is
December 30, 2025, at 4:00 PM;
c. The hearing on such objections is January 5, 2026, at 10:00 AM;
d. Qualified Bids must be submitted by the Bid Deadline on January
9, 2026, at 4:00 PM;
e. The Auction, if necessary, will be held on January 13, 2026, at
9:00 AM (CT);
f. The Global Sale Objection Deadline is January 15, 2026, at 4:00
PM; and
g. The Sale Hearing is scheduled for January 20, 2026, at 10:00 AM.
About CTL-Aerospace Inc.
CTL-Aerospace, Inc. is a family-owned composites manufacturer based
in West Chester, Ohio, specializing in advanced fiber-reinforced
polymer structures and component repair and overhaul. Founded in
1946, the Company operates as a full-service NADCAP- and
AS9100D-certified facility supplying the U.S. government and major
aerospace firms. Its products serve aerospace and industrial
markets, leveraging its location in the Cincinnati aerospace
corridor for cost and supply chain advantages.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ohio Case No. 25-12226) on September
8, 2025. In the petition signed by Scott Crislip, president and
COO, the Debtor disclosed up to $50 million in both assets and
liabilities.
Judge Beth A. Buchanan oversees the case.
Patricia Friesinger, Esq., at Coolidge Wall Co., L.P.A., represents
the Debtor as legal counsel.
DKOF VI Trading Subsidiary LP, as DIP lender, is represented by
Cozen O'Connor.
DACO FIRE: To Sell Lubbock County Property to WGD Enterprises
-------------------------------------------------------------
Daco Fire Equipment Inc. seeks permission from the U.S. Bankruptcy
Court for the Northern District of Texas, Lubbock Division, to sell
real property in Lubbock County, Texas together with certain
contracts and personal property to WGD Enterprises LC free and
clear of liens, claims, interests, and encumbrances.
The Debtor has three main business segments. The Debtor is a dealer
and authorized repair and service facility for Rosenbauer fire
trucks. The Debtor also sells smaller firetrucks known as brush
trucks and performs service and repair work for all types of fire
trucks. Although the Debtor does service and repair work in both
locations, the Rosenbauer repair and service work is predominately
done in Ft. Worth. The present motion concerns the Rosenbauer
assets.
The Debtor previously proposed a plan which was withdrawn because
it was not feasible. The Debtor participated in mediation with the
Subchapter V Trustee, the IRS and Steve Davis. The mediation was
not successful. As a result, the Debtor has determined that selling
its assets as a going concern is the best way to maximize value for
creditors.
The proposed purchaser is WGD Enterprises, L.C. The purchaser is
owned by the Debtor's equity holders, Garrett and Wesley Dobmeier.
In the exercise of the Debtor's business judgment, it was
determined that a sale to a party familiar with the Debtor's
business would maximize value. The Debtor previously sought to
negotiate a sale of these assets to Super Vacuum, the purchaser of
the Debtor's Rosenbauer-related assets. However, it was unable to
do so. The proposed sale is based on a combination of the amount of
financing that the Debtor's principals could obtain and the value
of the assets.
The purchase price under the sales contract is $940,000.00.
The assets to be sold are: Real property located in Lubbock County
Contracts and work in process
Thirteen vehicles and trailers.
The Lubbock County real property has been valued by the Debtor at
$420,000 and $510,000. The current tax appraisals value for these
properties equal $623,362. The property being sold also includes
thirteen trailers and vehicles valued by the Debtor at $73,000.
Thus, the total value of the property being sold is between
$696,362-$1,003,000 depending on whether the scheduled value or the
ad valorem tax value is utilized.
The following creditors hold liens against the assets being sold:
a. Lubbock County $22,936.26
b. Lone Star State Bank (now known as Prosperity Bank)
$3,080,453.61
c. Steve Davis $1,078,067.64
d.IRS $337,677.23
Under Texas law, the ad valorem tax claims have first priority. The
Debtor believes that Prosperity Bank has the first contractual
lien. It has a subordination agreement with Steve Davis. The
Prosperity Bank debt should be satisfied from the sale of the
Debtor's Tarrant County assets.
The Debtor seeks to sell the assets free and clear of liens. The
Debtor proposes to pay the liens of the taxing authorities and any
remaining balance to Prosperity Bank at closing with the liens of
Steve Davis and the IRS attaching to the remaining proceeds.
The Debtor may sell the assets free and clear of the lien of Steve
Davis because his lien is subject to bona fide dispute. Mr. Davis
committed fraud when he sold the Debtor's assets without disclosing
substantial unpaid taxes. The Debtor has sued Mr. Davis for fraud.
The Debtor has proposed a second sale of its assets which it is
requesting be heard at the same time as this motion. The proceeds
from that sale will be sufficient to satisfy the lien of Prosperity
Bank.
The proposed sale is in the best interest of the estate because it
will provide a fund which can satisfy the liens of Steve Davis and
the IRS as their interests may be proven to be.
About DACO Fire Equipment
DACO Fire Equipment, Inc. manufactures and repairs fire trucks
throughout Texas and Oklahoma.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 24-50087) on April 24,
2024. In the petition signed by Wesley Dobmeier, president, the
Debtor disclosed up to $10 million in both assets and liabilities.
Judge Robert L. Jones oversees the case.
Stephen W. Sather, Esq., at Barron & Newburger, PC is the Debtor's
legal counsel.
DACO FIRE: To Sell Tarrant County Property to Super Vacuum
----------------------------------------------------------
Daco Fire Equipment Inc. seeks approval from the U.S. Bankruptcy
Court for the Northern District of Texas Lubbock Division, to sell
real property in Tarrant County, Texas together with certain
contracts and personal property to Super Vacuum Manufacturing Co.,
Inc. for $3,188,823.32 subject to certain adjustments. The sale
will include all assets related to the Debtor's sale of Rosenbauer
fire trucks.
The Debtor has three main business segments. The Debtor is a dealer
and authorized repair and service facility for Rosenbauer fire
trucks. The Debtor also sells smaller firetrucks known as brush
trucks and performs service and repair work for all types of fire
trucks. Although the Debtor does service and repair work in both
locations, the Rosenbauer repair and service work is predominately
done in Ft. Worth. The present motion concerns the Rosenbauer
assets.
The Debtor previously proposed a plan which was withdrawn because
it was not feasible. The Debtor participated in mediation with the
Subchapter V Trustee, the IRS and Steve Davis. The mediation was
not successful. As a result the Debtor has determined that selling
its assets as a going concern is the best way to maximize value for
creditors.
The proposed purchaser is Super Vacuum Manufacturing Co., Inc. or
its assignee 287 Fire, LLC. The purchaser is a third party not
affiliated with the Debtor or its owners. It is an existing
Rosenbauer dealer. The proposed sale has been extensively
negotiated with Super Vacuum Manufacturing Co., Inc. in cooperation
with Rosenbauer.
The Debtor has not engaged a broker to market its assets. It is the
Debtor's business judgment that there are a limited number of
purchasers who would be able to operate a Rosenbauer dealership and
that direct negotiations with a qualified purchaser would be more
productive than engaging a broker.
The purchase price under the sales contract is $3,188,823,32. There
is a provision in the contract to adjust the purchase price for
work in process.
The assets to be sold are: Real property located in Tarrant County
Assignable leases and service or maintenance contracts Sales and
service vehicles, shop equipment and select parts inventory.
The Tarrant County real property has been valued by the Debtor at
$1,995,000. The current tax appraisal value for this property is
$1,304,320.
The is a detailed inventory being sold which is valued by the
Debtor at $206,834.78. There are nine vehicles valued by the Debtor
at $194,300.00. The sale also includes shop equipment valued at
$187,511.10 and office equipment valued at $20,000. The total value
for the sale assets is $2,603,645.38.
The Debtor believes that it is receiving fair market value for the
individual assets plus a premium for sale of the going business.
The following creditors hold liens against the assets being sold:
a. Tarrant County $33,039.48
b. Lubbock County $13,908.76 (personal property only)
c. Lone Star State Bank (now known as Prosperity Bank)
$3,080,453.61
d. Steve Davis $1,078,067.64
e. IRS $337,677.23
Under Texas law, the ad valorem tax claims have first priority. The
Debtor believes that Prosperity Bank has the first contractual
lien. It has a subordination agreement with Steve Davis. The IRS
did not file a lien in Tarrant County. As a result, the Debtor
believes that the IRS is not perfected as to the Tarrant County
assets.
The Debtor seeks to sell the assets free and clear of liens. The
Debtor proposes to pay the liens of the taxing authorities and
Prosperity Bank at closing with the liens of Steve Davis and the
IRS attaching to the remaining proceeds.
The Debtor may sell the assets free and clear of the lien of Steve
Davis because his lien is subject to bona fide dispute. Mr. Davis
committed fraud when he sold the Debtor's assets without disclosing
substantial unpaid taxes. The Debtor has sued Mr. Davis for fraud.
The proposed sale is in the best interest of the estate because it
will satisfy the claims of Prosperity Bank and the ad valorem
taxing authorities. If the Debtor's case were liquidated,
Prosperity Bank could potentially foreclose upon all of the
property represented by the two sales.
About DACO Fire Equipment
DACO Fire Equipment, Inc. manufactures and repairs fire trucks
throughout Texas and Oklahoma.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 24-50087) on April 24,
2024. In the petition signed by Wesley Dobmeier, president, the
Debtor disclosed up to $10 million in both assets and liabilities.
Judge Robert L. Jones oversees the case.
Stephen W. Sather, Esq., at Barron & Newburger, PC is the Debtor's
legal counsel.
DATABASED SOLUTIONS: Unsecureds to Split $150K over 3 Years
-----------------------------------------------------------
Databased Solutions Inc. d/b/a DBSI filed with the U.S. Bankruptcy
Court for the District of New Jersey a Plan of Reorganization for
Small Business dated December 15, 2025.
The Debtor is a New Jersey S-Corporation formed in 1995 and
headquartered at 1200 Route 22 East, Suite 2000, Bridgewater, New
Jersey.
DBSI is a longstanding engineering and technical staffing firm that
has operated for more than twenty-five years, providing specialized
workforce solutions for industry leaders across multiple sectors,
including automotive, medical devices, aerospace, semiconductors,
manufacturing, healthcare, and transportation.
The current Chapter 11 filing was precipitated primarily by
declining margins in certain staffing segments, extended periods
between payroll and collections, and increased pressure from
subcontractor vendors seeking payment on aged invoices. Despite
these challenges, DBSI maintains long-standing relationships with
its customers and subcontractors and is confident that
restructuring will stabilize operations and enable long-term
performance.
The Debtor proposes a Subchapter V Plan of Reorganization to
satisfy creditor claims primarily through the sale of certain
investment assets and application of net sale proceeds. This Plan
of Reorganization provides for the continuation of the Debtor's
operations as a going concern under a transformed business model
centered on high-margin permanent recruiting services.
The Plan is funded entirely from the Debtor's postconfirmation cash
flow and does not require new financing or capital contributions.
The Plan provides meaningful recoveries to creditors, preserves the
Debtor's client relationships and technical recruiting
infrastructure, and avoids the materially lower recoveries that
would result from a Chapter 7 liquidation.
Under the Plan, all Administrative and Priority Claims will be paid
in full, the Debtor will continue its relationship with Gulf Coast
Bank & Trust Company under the terms of the existing factoring
agreement, JPMorgan Chase Bank, N.A. will receive payment of its
fully secured claim over an extended term at an agreed interest
rate, and holders of General Unsecured Claims will share in a fixed
distribution of $150,000, payable over a three year period
beginning on December 31, 2026 (subject to confirmation of plan),
with the final payment to be made on or before December 31, 2028.
The Debtor's sole equity holder will retain his equity interests,
and his insider claim will receive no distribution under the Plan.
Class 3 consists of all Allowed General Unsecured Claims, including
(i) trade creditors, vendors, subcontractors, credit card issuers,
and professional service providers; (ii) scheduled unsecured
creditors who did not file proofs of claim; and (iii) any other
unsecured claim not separately classified. Class 3 is Impaired.
Holders of Claims in this Class are entitled to vote on the Plan.
The Debtor shall pay an aggregate of $150,000 (or other fixed
dividend as may be approved) (the "Class 3 Distribution Amount"),
to be distributed pro rata to the holders of Allowed Class 3 Claims
over three years from the Effective Date per the following
schedule:
Year 1 $30,000 (Payable on 12/31/2026)
Year 2 $60,000 (Quarterly beg. 3/31/2027)
Year 3 $75,000 (Quarterly beg. 3/31/2028)
Payments shall be made quarterly after December 31, 2026, unless
otherwise authorized by the Court. No interest shall accrue on
Class 3 Claims unless required under Section 506(b) of the
Bankruptcy Code (not applicable) or unless expressly provided
herein.
Class 4 consists of Equity Interest Holder Sunil Choudhary, 100%.
Holders of equity interests shall retain their ownership interests
subject to the terms of the Plan. No distributions shall be made on
account of equity interests under the Plan. Pursuant to Section
1126(f) of the Bankruptcy Code, the holder of Class 4 equity
interests is deemed to accept the Plan and is not entitled to vote
on the Plan.
The Plan shall be implemented through the Debtor's continued
operation as a going concern following the Effective Date, together
with the cash generated from the Debtor's reorganized business
model. The Debtor's financial projections which cover the
three-year period from January 1, 2026, through December 31, 2026,
demonstrate that the Debtor can satisfy its obligations under the
Plan using these income sources.
Funding for the Plan shall come from the Debtor's future operating
income as reflected in the Debtor's Cash Projections, which
demonstrate sufficient net income to meet all obligations under the
Plan while maintaining adequate liquidity for ongoing operations.
A full-text copy of the Plan of Reorganization dated December 15,
2025 is available at https://urlcurt.com/u?l=OmsITG from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Justin M. Gillman, Esq.
GILLMAN CAPONE LLC
770 Amboy Avenue
Edison, NJ 08837
Tel: (732) 661-1664
Fax: (732) 661-1707
Email: ecf@gillmancapone.com
About Databased Solutions Inc.
Databased Solutions, Inc., doing business as DBSI Services,
provides engineering and technical staffing solutions across
multiple industries in the United States. Headquartered in New
Jersey, Databased Solutions offers direct hires, contract hires,
and temp-to-hire services for sectors including automotive,
aerospace, semiconductors, medical devices, transportation, and
health technology. Founded in 1995 as a privately owned
corporation, Databased Solutions conducts technical and behavioral
screening, background checks, and recruitment processes to meet the
staffing needs of its clients.
Databased Solutions filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. D.N.J. Case No. 25-19625) on
September 15, 2025, with $500,000 to $1 million in assets and $1
million to $10 million in liabilities. Ila Choudhary, president of
Databased Solutions, signed the petition.
Justin M. Gillman, Esq., at Gillman Capone, LLC represents the
Debtor as legal counsel.
DAYTONA THUNDER: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida,
Orlando Division entered a preliminary order granting Daytona
Thunder, LLC interim authority to use cash collateral through
January 15, 2026.
The Debtor may use cash collateral to pay court-authorized amounts,
including U.S. Trustee quarterly fees, and ordinary, necessary
operating expenses set forth in an approved budget, with
flexibility of up to 10% per line item. Additional expenditures may
be made with written creditor approval, which cannot be
unreasonably withheld, and the debtor may seek prompt court review
of any disputed expenses.
The Debtor projects total monthly operational expenses of $3,300.
Secured creditors are granted post-petition replacement liens on
cash collateral, preserving the same validity, priority, and extent
as their prepetition liens without further documentation.
The debtor is required to comply with all statutory duties of a
debtor-in-possession and maintain required insurance coverage in
accordance with loan and security documents.
A further preliminary hearing scheduled for January 15, 2026.
About Daytona Thunder, LLC
Daytona Thunder, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-07885) on December
11, 2025, with $1,000,001 to $10 million in both assets and
laibilities.
Judge Hon. Grace E Robson oversees the case.
The Debtor is represented by:
Jeffrey Ainsworth
Bransonlaw PLLC
Tel: 407-894-6834
Email: jeff@bransonlaw.com
DENTALHUB OF WYLIE: Seeks Chapter 11 Bankruptcy in Texas
--------------------------------------------------------
On December 17, 2025, DentalHub of Wylie PLLC filed for Chapter 11
protection in the U.S. Bankruptcy Court for the Eastern District of
Texas. According to court filings, the debtor reports between
$100,001 and $1 million in debt owed to between one and 49
creditors.
About DentalHub of Wylie PLLC
DentalHub of Wylie PLLC is a private professional limited liability
company operating in the United States.
DentalHub of Wylie PLLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 25-43819) on December 17, 2025. In
its petition, the debtor reports estimated assets of $0 to $100,000
and estimated liabilities of $100,001 to $1 million.
The debtor is represented by Kurt S. Elieson, Esq.
DEQSER LLC: Seeks Addt'l $2MM DIP Loan From CSV
-----------------------------------------------
DEQSER LLC and affiliates ask the U.S. Bankruptcy Court for the
District of Delaware for authority to obtain additional
post-petition financing.
The Debtors seek to amend their existing debtor-in-possession
financing arrangements and obtain additional postpetition funding
to support their ongoing Chapter 11 reorganization.
Early in the cases, the Debtors sought and obtained interim and
later final approval of a DIP financing facility with CSV Capital
Partners LLC, following multiple hearings, objections, and
negotiations with secured creditors and other parties in interest.
Through a series of interim orders and amendments, the court
ultimately approved a DIP facility with borrowing capacity
increased incrementally from an initial $1 million draw to a
maximum of $2.5 million under a final order entered on August 6,
2025.
The approved DIP facility is nearly fully drawn, and the Debtors
assert that, despite having significant enterprise value, they lack
sufficient liquidity to continue operating at full capacity and to
complete their reorganization without additional financing. The
Debtors explain that the original DIP facility was sized based on
an anticipated shorter Chapter 11 timeline that did not materialize
due to unforeseen operational disruptions. In particular,
Kannegiesser North America Inc., the sole source of proprietary
parts and service for the Debtors' specialized laundry equipment,
abruptly ceased shipping parts and providing service in May 2025.
This action severely impaired the Debtors' ability to refurbish and
optimize their equipment, a central component of their business
plan to increase processing volume, attract more customers, and
restore profitability. Although a settlement with Kannegiesser was
eventually approved in June 2025, the interruption caused
significant delays, increased costs, and prevented the debtors from
achieving anticipated operational improvements while fixed expenses
such as rent, payroll, and insurance continued to accrue.
The Debtor further states that Kannegiesser's conduct had lasting
ripple effects, forcing the Debtors to extend their reorganization
timeline and incur higher administrative and operating expenses
than originally contemplated. As a result, the Debtors and their
DIP lender negotiated, at arm's length, a first amendment to the
existing DIP term sheet to increase the total DIP commitment by up
to $2 million in new money loans, increase the interest and fees
applicable to the additional loans, and make certain technical
modifications to the existing terms.
The Debtors contend that these amended terms reflect market
conditions, particularly given the heightened risk of the loan, the
lack of alternative financing sources, and the fact that no
third-party lenders were willing to refinance or expand the
existing DIP facility.
A copy of the motion is available at https://urlcurt.com/u?l=xGbWbZ
from PacerMonitor.com.
About Deqser LLC
Deqser LLC is a business entity associated with Cooperative
Laundry, a commercial laundry service based in Kearny, New Jersey.
Operating from a state-of-the-art facility, the company supports
the hospitality industry with advanced, eco-efficient laundry
solutions.
Deqser sought protection under Chapter 11 of the Bankruptcy Code
(Bankr. D. Del. Case No. 25-10687) on April 10, 2025. The Debtor
reported estimated assets and estimated liabilities of $1 million
to $10 million.
The Hon. Craig T Goldblatt presides over the case.
The Debtor's general bankruptcy counsel is Mayerson & Hartheimer,
PLLC and its local bankruptcy counsel is Gellert Seitz Busenkell &
Brown, LLC.
DYNACQ HEALTHCARE: Seeks to Sell Hospital Assets at Auction
-----------------------------------------------------------
Dynacq Healthcare, Inc., and its affiliates seek permission from
the U.S. Bankruptcy Court for the Southern District of Texas,
Houston Division, to sell substantially all Assets at auction, free
and clear of liens, claims, interests, and encumbrances.
Dynacq, founded in 1992, is a holding company that through its
subsidiaries owns and manages one general acute care hospital that
principally provides specialized surgeries and acute care. The
Debtors' hospital, Surgery Specialty Hospitals of
America—Southeast Houston Campus in Pasadena, Texas, near
Houston, includes operating rooms, pre- and post-operative space,
intensive care units, nursing units and diagnostic facilities, as
well as adjacent medical office buildings. Except for emergency
room patients, surgeries at Dynacq's facilities are typically
pre-certified or pre-authorized by insurance carriers. The bulk of
the surgeries are either covered by workers' compensation insurance
or by commercial insurers on an out-of-network health plan basis.
The Debtors participate in a small number of managed care
contracts. The Debtors also hold a valid physician-owned hospital
license. The POH license is one of approximately 250 remaining in
the country and permits physician practices/specialty groups to
refer surgeries internally instead of partnering with a hospital,
thereby increasing profitability.
The Pasadena Facility has eight operating rooms and 37 hospital
beds. During its peak, the Pasadena Facility generated over $138
million in gross revenue. In more recent years, the Hospital
generated gross revenues of over $100 million.
The Debtors' assets primarily consist of the Pasadena Facility, the
underlying real estate (building and land), the medical and office
equipment in the Pasadena Facility, and the POH (collectively, the
Asset).
Pursuant to the Interim DIP Order, the Debtors were authorized to
obtain secured postpetition financing in a principal amount up to
$5,000,000 from Caliburn Capital, LLC, as DIP Lender in these
Chapter 11 Cases. Of at amount, an initial draw of $2,000,000 was
made available to the Debtors upon entry of the Interim DIP Order.
The Debtors request that they be authorized, but not directed, to
select a bidder to act as a stalking horse and to enter into an
asset purchase agreement with such Stalking Horse Purchaser for the
Sale of
the Assets.
Having the flexibility to designate a Stalking Horse Purchaser and
provide Bid Protections will provide the Debtors with the ability
to maximize the value of the Assets while maintaining a timely and
efficient marketing process.
The Bidding Procedures contemplate the following schedule, subject
to Court approval and modification as necessary, in connection with
consummating the Sale Transaction(s) for the Debtors' Assets:
-- Stalking Horse Designation Deadline: January 31, 2026
-- Stalking Horse Objection Deadline: Five days after the Debtors
file a Stalking Horse Selection Notice
-- Sale Objection Deadline: January 31, 2026, at 5:00 p.m.
(prevailing Central Time)
-- Bid Deadline: February 10, 2026, at 5:00 p.m. (prevailing
Central Time)
-- Auction Date: February 18, 2026, at 10:00 a.m. (prevailing
Central Time)
-- Auction Objection Deadline: February 23, 2026, at 5:00 p.m.
(prevailing Central Time)
-- Sale Hearing Date: Subject to Court availability and approval of
the Sale Hearing date in
the Bidding Procedures Order, the Debtors will seek to schedule a
Sale Hearing on or about March 9, 2026.
The Debtors submit that the Bidding Procedures attached to the
proposed Bidding Procedures Order will afford interested parties a
reasonable opportunity to evaluate whether to submit a bid for the
Assets.
To facilitate and effectuate the Sale(s) of any Purchased Assets,
the Debtors will be required to assume and assign to a Stalking
Horse Purchaser or other Winning Bidder certain Assigned Contracts
and Assigned Leases.
The Debtors submit that the Cure Notice to be provided and the
method of service proposed herein constitutes good, proper and
adequate notice of potential assumption and assignment of the
Debtors' executory contracts and unexpired leases and designation
of Assigned Contracts, Assigned Leases, and Cure Amounts.
If one or more Stalking Horse Purchasers are ultimately selected
for any of the Assets, the Debtors respectfully submit that any Bid
Protections set forth in a Stalking Horse Agreement will be
designed to maximize value in a competitive bidding process and
should be approved as fair and reasonable under the circumstances
of the Chapter 11 Cases.
The Debtors further believe the proposed Bid Protections would
confer actual benefits upon their bankruptcy estates in the event a
Stalking Horse Purchaser is ultimately selected because they are
reasonably calculated to incentivize a potential Stalking Horse
Purchaser to set the bidding "floor" and induce competitive bidding
that may produce higher and better offers for the Purchased Assets.
About Dynacq Healthcare, Inc.
Dynacq Healthcare, Inc. and its affiliates own and operate a
general acute care hospital in Pasadena, Texas, that focuses on
specialized surgical services and maintains eight operating rooms
along with 37 hospital beds.
Dynacq Healthcare, Inc. filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. S.D. Tex. Lead Case
No. 25-90798) on December 8, 2025, listing $10 million to $50
million in assets and $10 million to $50 million in liabilities.
The petitions were signed by Eric Chan as authorized signatory.
Dominique Ashley Douglas, Esq. at Dykema Gossett serves as the
Debtor's counsel.
E GLUCK: U.S. Trustee Appoints Creditors' Committee
---------------------------------------------------
The U.S. Trustee for Region 2 appointed an official committee to
represent unsecured creditors in the Chapter 11 case of E. Gluck
Corporation.
The committee members are:
1. W&Y (ASIA) Co. Ltd.
Unit A, 6/F, Chinabest International Center,
No. 8 Kwai On Rd., Kwai Chung, N.T. Hong Kong
Attn: Eiman Tin
Tel: 852-2423 8826
Fax: 852-2307 0963
Eimantin@wnyhk.com
No. 1 Jianliang Rd., Daping, Tangxia Town
Dongguan City, China
Attn: C.Y. Hsu1
Tel: 86-769 8113 5888
Fax: 86-769 8113 1239
cyhsu@dg-dxg.com.cn
2. Great Progress H.K. (Holdings) Limited
Flat A, 3rd Fl, Kam Shing Industrial Building
1-11 Kwai Wing Rd., Kwai Chung, N.T. Hong Kong
Attn: Wai-Chu Yeung
Tel: 852 2610 2022
Gro@netvigator.com
3. Bridgestone Watch Limited
Room 2004, Nanyang Plaza,
57 Hung To Rd., Kwun Tong, H.K.
Attn: Lin Chi Jui
Tel: 852 9270 8600 / 852 6188 3969 / 852 2341 8258
chi@sutechk.com
nay@sutechk.com
alice@sutechk.com
4. Yi Feng Watch Co. Ltd.
4A, 1-7 WAH, SINH ST. KWAI CHONG
NT, HK
Attn: Timothy Tse
852 2111 3566
angeltang@yifengwatch.com
5. Youngs Watch Company Limited
Unit 1-4, 10/F, Texwood Plaza, 6 How Ming St.
Kwun Tong, Kowloon, Hong Kong
Attn: Lai Ricky Siu Ming
852 3160 9387
ricklai@youngsterna.com
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About E. Gluck Corporation
E. Gluck Corporation -- https://egluck.com/ -- is an American watch
manufacturer headquartered in Little Neck, New York.
E. Gluck sought relief under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. S.D. N.Y. Case No. 25-12683) on December 1, 2025, listing
between $10 million and $50 million in assets and liabilities.
Judge Martin Glenn presides over the case.
Alan D. Halperin at Halperin Battaglia Benzija, LLP, represents the
Debtor as legal counsel.
Israel Discount Bank of New York, as DIP lender, is represented
by:
Jonathan N. Helfat, Esq.
Matthew Breen, Esq.
OTTERBOURG P.C.
230 Park Avenue New York, NY 10169
Tel: (212) 661-9100
jhelfat@otterbourg.com
mbreen@otterbourg.com
ELETSON HOLDINGS: Sues Reed Smith, Former Execs Over Sabotage
-------------------------------------------------------------
Alex Wolf of Bloomberg Law reports that international gas shipping
company Eletson Holdings Inc. accused Reed Smith LLP of conspiring
with former company insiders to derail a court-approved
restructuring, alleging the conduct violated multiple criminal
statutes. The claims were laid out in an amended complaint filed
Tuesday in the U.S. Bankruptcy Court for the Southern District of
New York.
According to the filing, Reed Smith and partner Louis Solomon
allegedly assisted former Eletson officers and directors in
bypassing governing contracts and federal law to retain control of
the company's vessel fleet. The suit claims the actions amounted to
an effort to sabotage Eletson’s confirmed Chapter 11
reorganization through concealed evidence and falsified court
filings.
About Eletson Holdings
Eletson Holdings Inc. is a family-owned international shipping
company, which touts itself as having a global presence with
headquarters in Piraeus, Greece as well as offices in Stamford,
Connecticut, and London.
At one time, Eletson claimed to own and operate one of the world's
largest fleets of medium and long-range product tankers and boasted
a fleet consisting of 17 double hull tankers with a combined
capacity of 1,366,497 dwt, 5 LPG/NH3 carriers with a combined
capacity of 174,730 cbm and 9 LEG carriers with capacity of 108,000
cbm.
Eletson Holdings, a Liberian company, is Eletson's ultimate parent
company and is the direct parent and owner of 100% of the equity
interests in the two other debtors, Eletson Finance (US) LLC, and
Agathonissos Finance LLC.
Eletson and its two affiliates were subject to involuntary Chapter
7 bankruptcy petitions (Bankr. S.D.N.Y. Case No. 23-10322) filed on
March 7, 2023 by creditors Pach Shemen LLC, VR Global Partners,L.P.
and Alpine Partners (BVI), L.P. The petitioning creditors are
represented by Kyle J. Ortiz, Esq., at Togut, Segal & Segal, LLP.
On Sept. 25, 2023, the Chapter 7 cases were converted to Chapter 11
cases.
The Honorable John P. Mastando, III is the case judge.
Lawyers at Reed Smith represent the Debtors as bankruptcy counsel.
Riveron RTS served as the Debtors' Domestic Financial Advisor;
Harold Furchtgott-Roth as Economic Expert; and Kurtzman Carson as
Voting Agent.
The U.S. Trustee for Region 2 appointed an official committee of
unsecured creditors. The committee tapped Dechert, LLP as its legal
counsel and FTI Consulting as the Committee's financial advisors.
ERC MANUFACTURING: Court OKs Truck Sale to Sussex Construction
--------------------------------------------------------------
The U.S. Bankruptcy Court for the District of Montana has permitted
MK Weeden Construction Inc. (MKW) and its affiliates, M.K. WEEDEN
(MKE) and WMK Holding LLC (WMK), to sell truck, free and clear of
liens, claims, interests, and encumbrances.
The Debtors own certain equipment including a 2002 MT31X Moxy Art
Truck.
The Court has authorized the Debtor to sell the 2002 MT31X Moxy
Art. Truck to Sussex Construction for a
purchase price of $45,000.00.
The Court finds it is necessary to approve the sale to avoid
immediate and irreparable harm to the Debtor's estate.
It is furthered ordered that all liens on the Moxy Truck shall
attach to the proceeds of the sale in the same order, priority and
validity as liens held in the Moxy Truck. The proceeds shall be
held in MKE's bank account pending further order of the Court.
About MK Weeden Construction, Inc.
MK Weeden Construction, Inc., based in Lewistown, Montana, is an
earthmoving and heavy civil construction contractor operating
throughout Montana, Wyoming, and the western United States. Founded
in 1991 and incorporated in 1994, the Company has grown to
approximately 150 employees and over 200 pieces of equipment. It
provides large-scale excavation and earthmoving services,
leveraging advanced construction technology to support efficiency
and project quality.
MK Weeden Construction, MK Equipment Co. LLC, and WMK Holding LLC
sought relief under Chapter 11 of the U.S. Bankruptcy Code (Bankr.
D.Mon.) on December 11, 2025. In the petitions signed by Monte K.
Weeden as president and manager, M.K. Weeden discloses total assets
of $27,956,847 and total liabilities of $23,678,668, MK Equipment's
total asset $10,781,882 and total liabilities of $19,960,273 and
WMK Holding's total assets of $6,775,000 and total liabilities of
$23,812,640.
Judge Benjamin P. Hursh presides over the case.
Seamus B. McCulloch at Christian, Samson, & Baskett, PLLC,
represents the Debtors as legal counsel.
ESCAMBIA OPERATING: Unsecureds Will Get 1% to 16% in Trustee's Plan
-------------------------------------------------------------------
Drew McManigle, the Trustee for Escambia Operating Company, LLC and
affiliates, filed with the U.S. Bankruptcy Court for the Southern
District of Mississippi a Joint Disclosure Statement for Joint Plan
of Liquidation dated December 15, 2025.
BDE is a Mississippi corporation which serves as a holding company
for EOC and EAC and owns 100% of the membership in those companies.
The sole owner of BDE is Thomas Swarek, who organized the company
in 2021 for the sole purpose of holding ownership of EOC and EAC.
EOC and EAC are limited liability companies chartered in Delaware
in 2006. Both entities were acquired by BDE effective January 1,
2021. Upon BDE acquiring EAC and EOC, Swarek was the original
manager of both EAC and EOC. EAC and EOC were debtors in possession
until the appointment of the Trustee was approved on October 25,
2025.
EOC operated twelve operational wells in the Big Escambia Creek
Field ("BEC Field") in Escambia County, Alabama and two processing
plants/refineries (the "Gas Processing Facilities"), one in
Flomaton, Alabama and the other in Atmore, Alabama.19 EAC was a
majority working interest owner in the BEC Field.
The Trustee filed an Emergency Motion Of Trustee for Entry of an
Order (I) Pursuant to Sections 327(a) and 328(a) of the Bankruptcy
Code Authorizing the Employment and Retention of Energynet.com, LLC
as Oil and Gas Auctioneer; (II) Establishing Sale Notice
Procedures; (III) Approving a Sale of Substantially All Assets Free
and Clear of Liens, Claims, Encumbrances, and Other Interests; (IV)
Scheduling a Sale Hearing; and (V) Granting Related Relief seeking
to establish an auction for the assets through EnergyNet.
Following Court approval for EnergyNet to conduct the auction, the
Trustee selected SEP Escambia, LLC ("SEP") as the successful
bidder. The sale to SEP closed on the June 5, 2025 (the "Sale
Date"), and yielded the net sum of $2,887,500.00. On June 16, 2025,
the AOGB approved SEP as the new operator of the Assets transferred
by the Sale Order. However, Swarek filed two subsequent pleadings
seeking to set aside the SEP Orders. The Court denied both
motions.
The Plan proposes to substantively consolidate the Escambia Debtors
and treat all their Assets and Liabilities together. Substantially
all Assets of the Escambia Debtors have been liquidated.
The Plan provides that the Omitted Wellbore Assets will be conveyed
on or before the Effective Date to SEP Escambia, LLC, free and
clear of liens pursuant to sections 363 and 1123 of the Bankruptcy
Code and all remaining Assets of the Escambia Debtors will be
conveyed to the Liquidation Trust, which in turn will make
distributions to Holders of Allowed Claims under the terms of the
Plan as confirmed by the Bankruptcy Court. The Plan also seeks
approval of the 9019 Motion and the settlement of the disputes
between the Affiliated Debtors and the Escambia Debtors.
Class 4 consists of Allowed General Unsecured Claims. Holders of
Allowed General Unsecured Claims shall receive Series D interests
in the Liquidation Trust. Pursuant to the Liquidation Trust
Agreement, holders of Series D interests shall be paid according to
the Sharing Protocol after: (i) the Holders of Series A interests
receive the treatment provided in Section 1129(b)(2)(A)(i) of the
Bankruptcy Code, (ii) the Holders of Series B interests are paid in
full, and (iii) the Holders of Series C interests are paid in full,
then the Holders of Series D interests will be paid in accordance
with the Sharing Protocol until such Claims are paid in full.
Allowed Class 4 Claims are impaired. This Class will receive a
distribution of 1% to 16% of their allowed claims.
On or prior to the Effective Date, the Liquidation Trust shall be
established in accordance with the Liquidation Trust Agreement for
the purpose of liquidating the Liquidation Trust Assets, resolving
all Disputed Claims, making all distributions to Holders of Allowed
Claims in accordance with the terms of the Plan and otherwise
implementing the Plan.
Except as otherwise provided in the Plan or the Confirmation Order,
on the Effective Date, the Trustee shall transfer the Liquidation
Trust Assets to the Liquidation Trust, and all such assets shall
vest in the Liquidation Trust on such date, to be administered by
the Liquidation Trustee in accordance with the Plan and the
Liquidation Trust Agreement. Except as set forth in Article IV.F of
the Plan or otherwise in the Plan, the Liquidation Trust Assets
shall be transferred to the Liquidation Trust free and clear of all
Claims, Liens, and Interests (including equity Interests) to the
fullest extent provided by sections 363, 1123, and 1141 of the
Bankruptcy Code.
A full-text copy of the Joint Disclosure Statement dated December
15, 2025 is available at https://urlcurt.com/u?l=52mabS from
PacerMonitor.com at no charge.
Counsel for Drew McManigle, the Duly Appointed Chapter 11 Trustee:
Jeffrey R. Barber, Esq.
Kristina M. Johnson, Esq.
JONES WALKER LLP
3100 North State Street, Suite 300
Jackson, Mississippi 39205
Tel: 601-949-4765
Fax: 601-949-4804
Email: jbarber@joneswalker.com
kjohnson@joneswalker.com
Joseph E. Bain, Esq.
Olivia K. Greenberg, Esq.
Elizabeth W. De Leon, Esq.
JONES WALKER LLP
811 Main Street, Suite 2900
Houston, Texas 77002
Tel: 713-437-1800
Fax: 713-437-1810
Email: jbain@joneswalker.com
ogreenberg@joneswalker.com
edeleon@joneswalker.com
About Escambia Operating Company
Escambia Operating Company, LLC and its affiliates, Escambia Asset
Company, LLC and Blue Diamond Energy, Inc., filed Chapter 11
petitions (Bankr. S.D. Miss. Lead Case No.23-50491) on April 2,
2023, with $10 million to $50 million in both assets and
liabilities.
Judge Jamie A. Wilson oversees the cases.
The Debtors tapped Patrick A. Sheehan, Esq., and Steve Wright
Mullins, Esq., as bankruptcy attorneys.
Drew McManigle, the Chapter 11 trustee appointed in the Debtors'
cases, tapped Jones Walker, LLP as bankruptcy counsel; MACCO
Restructuring Group, LLC as financial advisor; M P Boots Petroleum
Engineering Services, LLC as valuation advisor; and Matthews,
Cutrer and Lindsay, PA as accountant.
FARMFAN LLC: To Employ Bernstein-Burkley P.C. as Counsel
--------------------------------------------------------
FarmFan, LLC d/b/a Harvie seeks approval from the U.S. Bankruptcy
Court for the Western District of Pennsylvania to employ
Bernstein-Burkley, P.C. to serve as counsel.
Bernstein-Burkley, P.C. will provide these services:
(a) providing the Debtor legal advice with respect to its
powers and duties as debtor-in-possession in the continued
operation of its business and management of its property;
(b) preparing on behalf of the Debtor, as
debtor-in-possession, necessary motions, applications, answers,
proposed orders, reports and other legal papers; and
(c) performing all other legal services for the Debtor as
debtor-in-possession which may be necessary herein.
The firm will be paid at these hourly rates:
Attorneys
Arthur W. Zamosky $415
Brent J. Lemon $375
David W. Ross $600
Gus Kallegaris $545
Gwenyth A. Ortman $260
Harry W. Greenfield $600
Heather A. Brooks $300
James M. Berent $375
Jeffrey A. Panahel $450
Jeffrey C. Toole $425
John D. Pizzo $375
John J. Richardson $455
Keri P. Ebeck $395
Kevin J. Cummings $360
Kirk B. Burkley $600
Kit F. Pettit $425
Lara S. Martin $375
Madison L. Miranda $295
Matthew J. Malcho $445
Matthew J. McClelland $375
Mary A. Shahverdian $295
Mason S. Shelton $315
Robert S. Bernstein $650
Robert M. Stefancin $475
Seth Goletz $260
Shawn P. McClure $425
Stuart C. Gaul $445
Non-Attorney Professionals
Christina Wirick $200
Tammy A. Malia $195
Ruth C. Neidemeyer $190
Erin Jones $190
Brian Temple $180
Andrew Episcopo $155
Lisa Young $155
Katherine Zeli $170
Rebecca Browne $170
Monique Patzer $170
Jennifer Morris $170
Allison Gilbert $180
James Stoltenberg $155
To the best of the Debtor's knowledge, Bernstein-Burkley, P.C. has
no interests adverse to the Debtor or the estate and 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:
Mason S. Shelton, Esq.
BERNSTEIN-BURKLEY, P.C.
601 Grant Street, 9th Floor
Pittsburgh, PA 15219
Telephone: (412) 456-8126
Facsimile: (412) 456-8135
E-mail: mshelton@bernsteinlaw.com
About FarmFan LLC
FarmFan LLC, doing business as Harvie, provides an online platform
that connects consumers with local farms for customizable
farm-share subscriptions and grocery delivery services.
FarmFan LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. W.D. Pa. Case No. 25-22021) on August 1, 2025. In its
petition, the Debtor reports estimated assets between $100,000 and
$500,000 and estimated liabilities between $1 million and $10
million.
Honorable Judge Jeffery A. Deller handles the case.
The Debtor is represented by Mason S. Shelton, Esq. at
BERNSTEIN-BURKLEY, P.C.
FIRST BRANDS: Trade Financier Seeks Stop of Cash Use
----------------------------------------------------
Jonathan Randles of Bloomberg Law reports that First Brands Group's
access to cash collateral is being challenged by a key trade
finance lender, which claims the value of certain pledged assets
has declined below required levels. The lender warned that
continued use of the cash should be halted absent corrective
steps.
Evolution Credit Partners, a Boston-based firm, told a Texas
bankruptcy judge on Tuesday, December 23, 2025, that First Brands
should lose the right to tap specific cash collateral unless it
remedies the alleged shortfall. The funds have played a central
role in supporting the auto parts supplier since it filed for
Chapter 11.
According to court papers, Evolution said inventory stored at
facilities in California and Illinois no longer meets agreed
valuation thresholds. The lender argues the decline undermines its
collateral position and warrants restrictions on further use of the
cash.
About First Brands Group, LLC
Rochester Hills, Mich.-based First Brands Group, LLC is a global
supplier of aftermarket automotive parts.
On September 24, 2025, the Company's non-operational special
purpose entities, Global Assets LLC, Global Lease Assets Holdings,
LLC, Carnaby Capital Holdings, LLC, Broad Street Financial
Holdings, LLC, Broad Street Financial, LLC, Carnaby Inventory II,
LLC, Carnaby Inventory Holdings II, LLC, Carnaby Inventory III,
LLC, Carnaby Inventory Holdings III, LLC, Patterson Inventory, LLC,
Patterson Inventory Holdings, LLC, Starlight Inventory I, LLC and
Starlight Inventory Holdings I, LLC each filed a voluntary petition
for relief under Chapter 11 of the U.S. Bankruptcy Code in the U.S.
Bankruptcy Court for the Southern District of Texas.
Commencing on September 28, 2025, First Brands Group, LLC and 98
affiliated debtors each filed a voluntary petition for relief under
Chapter 11 of the U.S. Bankruptcy Code in the U.S. Bankruptcy Court
for the Southern District of Texas. In its petition, First Brands
Group listed $1 billion to $10 billion in estimated assets and $10
billion to $50 billion in estimated liabilities.
The cases are pending before the Hon. Christopher M. Lopez, and are
jointly administered under Case No. 25-90399, and consolidated for
procedural purposes only.
The Debtors tapped Weil, Gotshal and Manges, LLP as legal counsel;
Lazard Freres & Co. as investment banker; Alvarez & Marsal North
America, LLC as financial advisor; and C Street Advisory Group as
strategic communications advisor. Kroll Restructuring
Administration, LLC is the Debtors' claims, noticing and
solicitation agent.
Gibson, Dunn & Crutcher, LLP and Evercore serve as the Ad Hoc Group
of Lenders' legal counsel and investment banker, respectively.
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
FLEXSHOPPER INC: Case Summary & 30 Largest Unsecured Creditors
--------------------------------------------------------------
Eight affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 under the Bankruptcy Code:
Debtor Case No.
------ --------
FlexShopper, Inc. (Lead Debtor) 25-12254
901 Yamato Road
Suite 260
Boca Raton FL 33431
FlexShopper, LLC 25-12255
FlexLending, LLC 25-12256
Flex Revolution, LLC 25-12257
FlexRetail, LLC 25-12258
Flex TX, LLC 25-12259
Flex TX Funding, LLC 25-12260
Flex TX Cab, LLC 25-12261
Business Description: FlexShopper, Inc. provides consumer
financing services focused on lease-to-own
and lending products, enabling consumers to
obtain durable goods such as electronics and
home furnishings through its e-commerce
marketplace. The Company operates as an
intermediary by approving consumers through
a proprietary underwriting model, purchasing
goods from merchant and other supply
partners, and leasing them to end users,
while also offering consumer loan products
through affiliated platforms and third-party
arrangements.
Chapter 11 Petition Date: December 22, 2025
Court: United States Bankruptcy Court
District of Delaware
Judge: Hon. Laurie Selber Silverstein
Debtors'
Bankruptcy
Counsel: Robert J. Dehney Sr., Esq.
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
1201 North Market Street 16th Floor
Wilmington DE 19801
Tel: (302) 658-9200
Email: rdehney@morrisnichols.com
Debtors'
Financial
Advisor: GLASSRATNER ADVISORY & CAPITAL GROUP, LLC
Debtors'
Investment
Banker: TWO ROADS ADVISORS LLC
Debtors'
Claims,
Administrative &
Solicitation Agent: EPIQ CORPORATE RESTRUCTURING, LLC
FlexShopper, Inc.'s
Estimated Assets: $500,000 to $1 million
FlexShopper, Inc.'s
Estimated Liabilities: $0 to $50,000
FlexShopper, LLC'S
Estimated Assets: $50 million to $100 million
FlexShopper, LLC's
Estimated Liabilities: $100 million to $500 million
The petitions were signed by Matthew Doheny as chief restructuring
officer.
A full-text copy of the Lead Debtor's petition is available for
free on PacerMonitor at:
https://www.pacermonitor.com/view/MORPSHQ/FlexShopper_Inc__debke-25-12254__0001.0.pdf?mcid=tGE4TAMA
Consolidated List of Debtors' 30 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Powerscourt Investments 50, LP Guaranty $161,719,712
c/o Mayer Brown LLP
71 South Wacker Drive,
Chicago, Illinois 60606
Attn: Sean T. Scott, Esq.
Email: STScott@mayerbrown.com
Joshua R. Gross
Email: JGross@mayerbrown.com
Phone: (312) 782-0600
2. Alvarez & Marsal $1,364,789
Disputes and
Investigations, LLC
3. Kasowitz LLP $322,153
1633 Broadway
New York, New York 10019
Attn: Barry Rutcofsky
Email: BRutcofsky@kasowitz.com
Phone: (212) 506-1984
4. Lexisnexis Risk Management $314,640
5. Best Buy $291,436
6. Mavis $287,320
7. Monro $228,854
8. PayPossible Inc $223,778
9. Apollo Sales Group LLC $181,369
10. Sitecore USA inc $168,185
11. TrueML Products $133,746
12. World Connection $111,008
13. Olshan $110,358
14. Renn Labs LLC $102,326
15. Google LLC $93,805
16. Benefit Marketing Solutions $72,159
17. AFCO $69,370
18. Terrace $68,456
19. GigaCloud Technology $62,262
20. MNTN $60,570
21. Logicbroker $56,250
22. Tire Agent $48,975
23. Experian $46,763
24. Marqeta, Inc. $45,103
25. Troutman Pepper $44,942
Hamilton Sanders LLP
26. Amazon Web Services $44,630
27. Workiva $44,625
28. BloomReach, Inc $41,812
29. Connect Distributors $37,544
30. Katz Baskies & Wolf PLLC $30,000
FLEXSHOPPER INC: Seeks Chapter 11 Bankruptcy After Firing CEO
-------------------------------------------------------------
Jonathan Randles of Bloomberg Law reports that lease-to-own
financing provider FlexShopper Inc. has filed for bankruptcy
following the termination of its chief executive officer after an
internal probe uncovered fraudulent loan documents. The company
offers lease-to-own financing for appliances, electronics, and
other consumer products.
On Monday, December 22, 2025, the Boca Raton, Florida-based firm
filed in Delaware, noting it has a stalking-horse offer from an
affiliate of fellow lease-to-own provider Snap Finance. The
arrangement allows for higher bids to be considered during a
subsequent bankruptcy auction.
About FlexShopper Inc.
FlexShopper Inc. is a a publicly traded lease-to-own financing
company for appliances, electronics, and other consumer goods.
FlexShopper Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Del. Case No. 25-12254) on December 22,
2025. In its petition, the Debtor reports estimated assets between
$500,000 and $1 million and estimated liabilities up to $50,000.
Honorable Bankruptcy Judge Laurie Selber Silverstein handles the
case.
The Debtor is represented by Robert J. Dehney, Esq. and Sophie
Rogers Churchill, Esq. of Morris, Nichols, Arsht & Tunnell.
FLIPCAUSE INC: Case Summary & 20 Largest Unsecured Creditors
------------------------------------------------------------
Debtor: Flipcause, Inc.
101 Broadway, Fl 3
Oakland, CA 94607
Business Description: Flipcause, Inc., incorporated in 2012,
operates a subscription-based software-as-a-
service platform that provides nonprofit
organizations across the United States with
online fundraising, payment processing, and
administrative tools. The Company's
platform offers services including website
management, event ticketing, fundraising
campaigns, text-to-give functionality, and
online storefronts, generating revenue
through subscription fees and transaction-
based processing fees. Flipcause supports
thousands of nonprofit clients by enabling
them to engage donors and manage fundraising
operations without directly handling payment
processing or compliance requirements.
Chapter 11 Petition Date: December 19, 2025
Court: United States Bankruptcy Court
District of Delaware
Case No.: 25-12246
Judge: Hon. Thomas M Horan
Debtor's Counsel: Ronald S. Gellert, Esq.
GELLERT SEITZ BUSENKELL & BROWN, LLC
1201 N. Orange Street
Suite 300
Wilmington, DE 19801
Tel: (302) 425-5806
E-mail: rgellert@gsbblaw.com
Debtor's
Investment
Banker: SC&H GROUP, INC.
Debtor's
Claims &
Noticing
Agent: EPIQ CORPORATE RESTRUCTURING, LLC
Total Assets: $20,228,513
Total Liabilities: $30,527,260
The petition was signed by Emerson Rayvn as executive chairman.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/BGOD5MQ/Flipcause_Inc__debke-25-12246__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Sweet Relief Musicians Fund $1,200,928
2650 E. Imperial Hwy
Ste 208
Brea, CA 92821
Email: info@sweetrelief.org
2. Loveland Foundation $701,231
320 7th Avenue #263
Brooklyn, NY 11215
Email: development@thelovelandfoundation.org
3. Pejman Taeiteh $500,000
Email: taeipj@gmail.com
4. Michael D. Apgar $500,000
538 5th Ave E
Kalispell, MT 59901
Email: mike@apgars.org
5. Michael D. Apgar Trust $500,000
538 5th Ave E
Kalispell, MT 59901
Email: mike@apgars.org
6. 805undocufund $352,500
1010 N H Street #40
Lompoc, CA 93436
Email: phernandez@805undocufund.org
7. Mark & Christina $250,000
Jackson Family
Revocable Trust
10947 E. Mountain Spring Rd.
Scottsdale, AZ 85255
Email: chrisj6502@icloud.com
8. Mark R. Jackson $250,000
10947 E. Mountain
Spring Rd.
Scottsdale, AZ 85255
Email: mark6502@icloud.com
9. Enduro Development $250,000
3103 Hidden Wood Dr.
Sandy, UT 84092
Email: jeff.richards@cbre.com
10. Miss Texas Scholarship Organization $237,890
951 Greenside Drive,
Suite 7108
Richardson, TX 75080
Email: janm@misstexas.org
11. Firmage Investments $200,000
7 Bentwood Lane
Sandy, UT 84092
Email: mfirmage@horizonpartners.com
12. Second Harvest Food $172,457
Bank of San Joaquin & Stanislaus
1220 Vanderbilt Cir
Manteca, CA 95337
Email: jvaughan@secondharvest.org
13. Safety Compass $147,512
PO Box 1293
Silverton, OR 97381
Email: esther@safetycompass.org
14. SBA EIDL Loan $140,531
14925 Kingsport Rd
Ft. Worth, TX 76155
15. The Ellington Fund $140,180
3500 R Street NW
Washington, DC 20007
Email: ljackson@ellingtonarts.org
16. Three Little Pitties Rescue $138,358
509 Rustic Lane
Friendswood, TX 77546
Email: jenelle@threelittlepittiesrescue.org
17. The Michelle O'Neill $131,510
Foundation Inc.
PO Box 478
Long Beach, NY 11561
Email: nivvycaryl@gmail.com
18. Ondeck $129,446
4201 Wilson Blvd,
Suite 110-209
Arlington, VA 22203
Email: support@ondeck.com
19. CityLax Inc. $127,219
65 W 89th St
New York, NY 10024
Email: hadleymongellcitylax@gmail.com
20. Golub Family Foundation $118,494
625 N. Michigan Ave
Chicago, IL 60611
Email: marketing@goco.com
FORTUNE CIRCLE: Gets OK to Use Cash Collateral Thru Jan. 31
-----------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois,
Eastern Division, entered a second order authorizing Fortune
Circle, LLC to use cash collateral.
The debtor may use cash collateral through January 31, 2026, solely
to pay actual, ordinary, and necessary operating expenses outlined
in an approved budget. The debtor is permitted to exceed budgeted
amounts by up to 110%, measured weekly, either by individual line
item or in the aggregate, subject to consent from Rapid Finance,
which may not be unreasonably withheld.
To protect Rapid Finance's interests, the court granted the secured
creditor an adequate protection lien on post-petition collateral of
the same type and priority as its prepetition collateral. This lien
automatically attaches without the need for additional filings and
is intended to cover any diminution in value caused by the
debtor’s use of cash collateral.
A continued hearing on the debtor's use of cash collateral is
scheduled for January 27.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/N2REO from PacerMonitor.com.
About Fortune Circle LLC
Fortune Circle, LLC is a real estate company whose primary asset is
a hotel property at 239 St. Robert Boulevard in Saint Robert,
Missouri.
Fortune Circle sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-17508) on November
12, 2025, listing up to $10 million in both assets and liabilities.
Syed Hussain, sole member, signed the petition.
Judge Timothy A. Barnes oversees the case.
William Factor, Esq., at The Law Office of William J. Factor, Ltd.,
represents the Debtor as bankruptcy counsel.
FTX TRADING: Gets OK to Bar Alameda Former Exec from Director Roles
-------------------------------------------------------------------
Gillian R. Brassil of Bloomberg Law reports that three former
executives of FTX and Alameda Research will face temporary bans
from serving as corporate officers or directors after a federal
court approved their settlements with the U.S. Securities and
Exchange Commission.
Under the judgments signed by U.S. District Judge P. Kevin Castel,
former Alameda CEO Caroline Ellison agreed to a 10-year prohibition
on overseeing companies with certain securities, while former FTX
chief technology officer Gary Wang and co-lead engineer Nishad
Singh each accepted eight-year bans, the report cites.
About FTX Trading Ltd.
FTX is the world's second-largest cryptocurrency firm. FTX is a
cryptocurrency exchange built by traders, for traders. FTX offers
innovative products including industry-first derivatives, options,
volatility products and leveraged tokens.
Then CEO and co-founder Sam Bankman-Fried said Nov. 10, 2022, that
FTX paused customer withdrawals after it was hit with roughly $5
billion worth of withdrawal requests.
Faced with liquidity issues, FTX on Nov. 9 struck a deal to sell
itself to its giant rival Binance, but Binance walked away from the
deal amid reports on FTX regarding mishandled customer funds and
alleged US agency investigations.
At 4:30 a.m. on Nov. 11, Bankman-Fried ultimately agreed to step
aside, and restructuring vet John J. Ray III was quickly named new
CEO.
FTX Trading Ltd (d/b/a FTX.com), West Realm Shires Services Inc.
(d/b/a FTX US), Alameda Research Ltd. and certain affiliated
companies then commenced Chapter 11 proceedings (Bankr. D. Del.
Lead Case No. 22-11068) on an emergency basis on Nov. 11, 2022.
Additional entities sought Chapter 11 protection on Nov. 14, 2022.
FTX Trading and its affiliates each listed $10 billion to $50
million in assets and liabilities, making FTX the biggest
bankruptcy filer in the US this year. According to Reuters, SBF
shared a document with investors on Nov. 10 showing FTX had $13.86
billion in liabilities and $14.6 billion in assets. However, only
$900 million of those assets were liquid, leading to the cash
crunch that ended with the company filing for bankruptcy.
The Hon. John T. Dorsey is the case judge.
The Debtors tapped Sullivan & Cromwell, LLP as bankruptcy counsel;
Landis Rath & Cobb, LLP as local counsel; and Alvarez & Marsal
North America, LLC as financial advisor. Kroll is the claims agent,
maintaining the page https://cases.ra.kroll.com/FTX/Home-Index
The official committee of unsecured creditors tapped Paul Hastings
as bankruptcy counsel; Young Conaway Stargatt & Taylor, LLP as
Delaware and conflicts counsel; FTI Consulting, Inc. as financial
advisor; and Jefferies, LLC as investment banker.
Montgomery McCracken Walker & Rhoads LLP, led by partners Gregory
T. Donilon, Edward L. Schnitzer, and David M. Banker, is
representing Sam Bankman-Fried in the Chapter 11 cases. White
collar crime specialist Mark S. Cohen has reportedly been hired to
represent SBF in litigation. Lawyers at Paul Weiss previously
represented SBF but later renounced representing the entrepreneur
due to a conflict of interest.
GALOSI LLC: Seeks Chapter 11 Bankruptcy in Texas
------------------------------------------------
On December 16, 2025, Galosi LLC filed for Chapter 11 protection in
the U.S. Bankruptcy Court for the Northern District of Texas.
According to court filings, the debtor reports between $100,001 and
$1 million in debt owed to between one and 49 creditors.
About Galosi LLC
Galosi LLC is a limited liability company.
Galosi LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. Case No. 25-44908) on December 16, 2025. In its
petition, the debtor reports estimated assets of $0 to $100,000 and
estimated liabilities of $100,001 to $1 million.
The case is assigned to U.S. Bankruptcy Judge Edward L. Morris.
The debtor is represented by Robert Thomas DeMarco, Esq.
GENERATION HEALTHCARE: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------------
Generation Healthcare Inc. and its affiliates received interim
approval from the U.S. Bankruptcy Court for the Southern District
of Ohio, Eastern Division, to use cash collateral to fund
operations.
The court authorized the Debtors to use cash collateral in
accordance with their budget from December 16 to January 12, 2026,
or until a final cash collateral order is entered.
As adequate protection, secured creditors will be granted
post-petition replacement liens, with the same amount, priority and
extent as their pre-bankruptcy liens.
Events of default under the interim order include conversion or
dismissal of the Debtors' Chapter cases and appointment of a
trustee, which would automatically terminate a Debtor's right to
use cash collateral.
A final hearing is scheduled for January 12, 2026. If no objection
is filed by January 5, the court may enter a final cash collateral
order without further hearing.
The interim order is available at https://is.gd/pGyOV9 from
PacerMonitor.com.
The Debtors' cash collateral consists primarily of bank deposits
and accounts receivable, which the Debtors intend to use to fund
payroll, taxes, operating expenses, or case administration costs.
The Debtors operate home health care and hospice services in
central and southwestern Ohio, employing approximately 50 staff.
Generation Healthcare functions as the administrative entity, while
Generation Home Health and Generation Hospice generate operating
revenue. Although the Debtors experienced long-term growth earlier
in their history, 2025 proved destabilizing due to a rapid
expansion from one office to three locations, rising expenses,
disputed lease obligations, and reliance on merchant cash advance
financing. Cash-flow pressures ultimately forced the bankruptcy
filings. As part of restructuring efforts, the Debtors plan to
close their Newark office and focus operations in Westerville and
Cincinnati, which they believe offer stronger markets and improved
profitability.
The Debtors own no real property or vehicles and hold relatively
modest assets, primarily accounts receivable and minimal cash
balances. Generation Healthcare itself has only nominal assets and
no believed perfected liens, while Generation Home Health and
Generation Hospice hold accounts receivable and cash that may
constitute cash collateral. Several lenders including Fora
Financial, Fox Funding, EBF Holdings, Oakwood Funding, Funding
Metrics, and On Deck may assert security interests, though the
Debtors expressly reserve all rights to challenge the validity,
priority, and perfection of those claims, noting that some lenders
may not have filed UCC financing statements.
About Generation Healthcare Inc.
Generation Healthcare Inc., based in Westerville, Ohio, provides
home health and hospice services, including skilled nursing,
therapy, and medical support for patients in their homes. The
Company operates primarily in Ohio and offers care for individuals
requiring medical and supportive services outside of hospital
settings, with hospice services encompassing palliative and
end-of-life care.
Generation Healthcare sought relief under Subchapter V of Chapter
11 of the U.S. Bankruptcy Code (Bankr. Case No. 25-55396) on
December 8, 2025. In its petition, the Debtor reports estimated
assets between $0-$100,000 and estimated liabilities between $1
million-$10 million.
Honorable Bankruptcy Judge Tiffany Strelow Cobb handles the case.
The Debtor is represented by David M. Whittaker, Esq. of Allen
Stovall Neuman & Ashton LLP.
GENESIS HEALTHCARE: No Resident Care Concern, 2nd PCO Report Says
-----------------------------------------------------------------
Melanie Cyganowski, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Northern District of Texas her second
report regarding the quality of resident care provided at the
facilities operated by Genesis Healthcare, Inc. and affiliates in
Massachusetts, Maine, New Hampshire, New Jersey, Rhode Island, and
Vermont.
In the report which covers the period October 15 to December 15,
the PCO conducted both in-person and videoconference site visits
with additional Facilities. In-person visits were conducted at each
of the Debtors' Facilities in Vermont, and videoconference visits
were conducted with Facility administrators in New Jersey, New
Hampshire, and Rhode Island.
The PCO noted that the bankruptcy cases do not appear to have
adversely impacted staffing at the facilities visited during the
Second Reporting Period. Administrators did not report any changes
in staffing levels caused by these Cases, nor any adverse impact on
the ability to recruit new staff. Many of the Facilities visited
appeared to be actively hiring new staff with an eye to improving
patient care and satisfaction, changing Facility work culture, and
improving efficiency.
The PCO cited that the facilities visited during the second
reporting period were generally clean and well maintained. The
floors and hallways were generally clear of obstructions, debris,
or liquids. The kitchens were observed in orderly condition, the
laundry rooms were functional, and the medicine carts and supply
closets were well stocked. The buildings and grounds were all
generally in good condition and well-maintained, with most
structural features of the facilities, ventilation, windows, points
of ingress and egress, elevators, walkways, and the like, in
adequate working order at the time of visits.
In addition, hallways observed were free of obstructions and floors
were generally clear of debris and liquids or were otherwise
promptly cleared. The kitchens were observed in orderly condition.
The laundry rooms were functional and in use during many of the
facility tours and the medicine carts and supply closets were well
stocked.
Ms. Cyganowski explained that Genesis provided information
detailing patient complaints over the last two years. Based on
those records, and on discussions with administrators, there was no
apparent increase in the number of patient complaints submitted to
the facilities. Nor did the administrators indicate any change in
the nature of complaints made by residents or their families.
Administrators uniformly explained that procedures for addressing
complaints had not changed or broken down since the petition date.
During the Second Reporting Period, at least with respect to the
Facilities visited to date, the PCO found that the Cases had not
adversely impacted patient care. The Facilities were largely
operating normally in the midst of the bankruptcy, if not in the
process of making improvements.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=zNfJO8 from Epiq Corporate Restructuring,
LLC, claims agent.
The ombudsman may be reached at:
Melanie Cyganowski
Otterbourg, PC
230 Park Avenue
New York, NY 10169-0075
Tel: 212-661-9100
Email: mcyganowski@otterbourg.com
About Genesis Healthcare
Genesis Healthcare, Inc. (OTC Expert Market: GENN) is a holding
company with subsidiaries that, on a combined basis, comprise one
of the nation's largest post-acute care providers with nearly 200
skilled nursing centers and senior living communities in 17 states
nationwide. Genesis subsidiaries also supply rehabilitation therapy
to approximately 1,500 locations in 43 states and the District of
Columbia.
On July 9, 2025, Genesis Healthcare, Inc. and 298 of its affiliates
and subsidiaries each filed voluntary petitions in Dallas, Texas,
seeking relief under chapter 11 of the United States Bankruptcy
Code (Bankr. N.D. Texas Lead Case No. 25-80185).
The Debtors listed at least $1 billion in assets and liabilities as
of the bankruptcy filing. As of the Petition Date, the Debtors had
secured debt of $708.5 million and unsecured obligations totaling
$1.568 billion.
The Debtors tapped McDermott Will & Emery LLP as bankruptcy
counsel, and Jefferies, LLC, as investment banker. Ankura
Consulting Group, LLC, provides the services of senior managing
directors Russell A. Perry and Louis E. Robichaux IV as CRO of the
Debtors. Epiq Corporate Restructuring, LLC, is the claims agent.
The U.S. Trustee for Region 6 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases. The
committee tapped Proskauer Rose, LLP and Stinson, LLP as legal
counsel, FTI Consulting, Inc. as financial advisor and Houlihan
Lokey Capital, Inc. as investment banker.
Melanie Cyganowski, Susan Goodman and Suzanne Koenig are the
patient care ombudsmen appointed in the cases. Ms. Cyganowski and
Ms. Goodman are represented by the law firms of Otterbourg, P.C.
and Kane Russell Coleman Logan, PC, respectively. Greenberg
Traurig, LLP and SAK Management Services, LLC serve as Ms. Koenig's
legal counsel and medical operations advisor, respectively.
Counsel to Welltower:
John T. Cox III, Esq.
Gibson, Dunn & Crutcher LLP
2001 Ross Avenue, Suite 2100
Dallas, TX 75201
tcox@gibsondunn.com
- and -
Jeffrey C. Krause, Esq.
Michael G. Farag, Esq.
Gibson, Dunn & Crutcher LLP
333 South Grand Avenue
Los Angeles, CA 90071
jkrause@gibsondunn.com
mfarag@gibsondunn.com
Counsel to Omega:
Robert J. Lemons, Esq.
Goodwin Proctor LLP
The New York Times Building
620 Eighth Avenue
New York, NY 10018
rlemons@goodwinlaw.com
- and -
Leighton Aiken, Esq.
Ferguson Braswell Fraser Kubasta PC
2500 Dallas Parkway, Suite 600
Plano, TX 75093
laiken@fbfk.law
Counsel to the Debtors' Prepetition ABL Secured Parties:
Kenneth J. Ottaviano, Esq.
Blank Rome LLP
444 West Lake Street, Suite 1650
Chicago, IL 60606
ken.ottaviano@blankrome.com
Counsel to the Debtors' DIP Lenders:
James Muenker, Esq.
DLA Piper LLP
1900 N. Pearl St., Suite 2200
Dallas, TX 75201
james.muenker@us.dlapiper.com
GENESIS HEALTHCARE: Quality of Care Maintained, 2nd PCO Report Says
-------------------------------------------------------------------
Suzanne Koenig, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Northern District of Texas her second
report regarding the quality of resident care provided at
facilities operated by Genesis Healthcare, Inc. and affiliates in
Alabama, Delaware, Maryland, North Carolina, Tennessee, Virginia,
and Pennsylvania.
In the report which covers the period October 15 to December 15,
the PCO developed a standardized methodology to ensure consistency
in reporting among the ombudsman's representatives visiting each
location due to the number of facilities she has overseen. During
each visit, whether in person or virtually, the ombudsman or her
representative met with the concerned facility's leadership team,
conducted a tour of each facility and its buildings, and
interviewed key professional staff and residents where possible.
The ombudsman observed that Magnolia Ridge provides good care to
its residents, with sufficient supplies and food items to meet
residents' needs, and the facility was staffed appropriately.
Despite this period of uncertainty, staff remains dedicated to each
other and their residents, and staff is working hard to ensure that
the residents' health and safety is maintained. Residents reported
being satisfied with care, activities, and meals.
Importantly, no residents reported abuse or neglect. The ombudsman
personally spoke with the resident who was the subject of an
immediate jeopardy citation, and the resident confirmed that they
were not harmed. During observations, residents' rights were
maintained.
Ms. Koenig did not observe any staffing issues that put residents
in immediate danger or jeopardized their care, although recruitment
across the facilities has proved challenging. The healthcare
providers are actively recruiting and filling vacant shifts with
agency staff and per diems and offering signing bonuses for certain
direct care positions. The healthcare providers' staff generally
demonstrated a strong commitment to quality care and safety.
The Ombudsman observed significant improvement in the dietary
departments that required attention during the last reporting
period. With minor exceptions, the kitchens across the Facilities
were clean and organized, temperature logs were current, and food
items were stored and dated appropriately. Residents, who were
interviewed, generally expressed satisfaction with the quality and
choice of meals.
The ombudsman noted that she did not find any concerns related to
the adequacy of supplies, such as food, drugs, and medical
supplies, among other necessary items. Based on the ombudsman's
observations during each of the visits, the supply rooms appeared
to be stocked with enough supplies and equipment to provide safe
resident care.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=XLLg9A from Epiq Corporate Restructuring,
LLC, claims agent.
The ombudsman may be reached at:
Suzanne Koenig, CEO
SAK Healthcare
300 Saunders Road, Suite 300
Riverwoods, IL 60015
Phone: 847-446-8400
Email: skoenig@sakhealthcare.com
About Genesis Healthcare
Genesis Healthcare, Inc. (OTC Expert Market: GENN) is a holding
company with subsidiaries that, on a combined basis, comprise one
of the nation's largest post-acute care providers with nearly 200
skilled nursing centers and senior living communities in 17 states
nationwide. Genesis subsidiaries also supply rehabilitation therapy
to approximately 1,500 locations in 43 states and the District of
Columbia.
On July 9, 2025, Genesis Healthcare, Inc. and 298 of its affiliates
and subsidiaries each filed voluntary petitions in Dallas, Texas,
seeking relief under chapter 11 of the United States Bankruptcy
Code (Bankr. N.D. Texas Lead Case No. 25-80185).
The Debtors listed at least $1 billion in assets and liabilities as
of the bankruptcy filing. As of the Petition Date, the Debtors had
secured debt of $708.5 million and unsecured obligations totaling
$1.568 billion.
The Debtors tapped McDermott Will & Emery LLP as bankruptcy
counsel, and Jefferies, LLC, as investment banker. Ankura
Consulting Group, LLC, provides the services of senior managing
directors Russell A. Perry and Louis E. Robichaux IV as CRO of the
Debtors. Epiq Corporate Restructuring, LLC, is the claims agent.
The U.S. Trustee for Region 6 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases. The
committee tapped Proskauer Rose, LLP and Stinson, LLP as legal
counsel, FTI Consulting, Inc. as financial advisor and Houlihan
Lokey Capital, Inc. as investment banker.
Melanie Cyganowski, Susan Goodman and Suzanne Koenig are the
patient care ombudsmen appointed in the cases. Ms. Cyganowski and
Ms. Goodman are represented by the law firms of Otterbourg, P.C.
and Kane Russell Coleman Logan, PC, respectively. Greenberg
Traurig, LLP and SAK Management Services, LLC serve as Ms. Koenig's
legal counsel and medical operations advisor, respectively.
Counsel to Welltower:
John T. Cox III, Esq.
Gibson, Dunn & Crutcher LLP
2001 Ross Avenue, Suite 2100
Dallas, TX 75201
tcox@gibsondunn.com
- and -
Jeffrey C. Krause, Esq.
Michael G. Farag, Esq.
Gibson, Dunn & Crutcher LLP
333 South Grand Avenue
Los Angeles, CA 90071
jkrause@gibsondunn.com
mfarag@gibsondunn.com
Counsel to Omega:
Robert J. Lemons, Esq.
Goodwin Proctor LLP
The New York Times Building
620 Eighth Avenue
New York, NY 10018
rlemons@goodwinlaw.com
- and -
Leighton Aiken, Esq.
Ferguson Braswell Fraser Kubasta PC
2500 Dallas Parkway, Suite 600
Plano, TX 75093
laiken@fbfk.law
Counsel to the Debtors' Prepetition ABL Secured Parties:
Kenneth J. Ottaviano, Esq.
Blank Rome LLP
444 West Lake Street, Suite 1650
Chicago, IL 60606
ken.ottaviano@blankrome.com
Counsel to the Debtors' DIP Lenders:
James Muenker, Esq.
DLA Piper LLP
1900 N. Pearl St., Suite 2200
Dallas, TX 75201
james.muenker@us.dlapiper.com
GIBSON INC: Moody's Affirms 'B3' CFR & Alters Outlook to Negative
-----------------------------------------------------------------
Moody's Ratings affirmed Gibson, Inc.'s B3 Corporate Family Rating,
B3-PD Probability of Default Rating and Caa1 senior secured first
lien term loan due August 2028 rating. The outlook was changed to
negative from stable.
The outlook change to negative reflects Gibson's persistent demand
risk in the discretionary musical instrument sector, which remains
highly sensitive to consumer spending and macroeconomic conditions.
Over the past year, industry volumes have declined in the low
single digit range, and Gibson's own net sales for the year to date
period through September 2025 declined 4% compared to the prior
year. Margin pressure has also intensified due to higher than
anticipated tariff exposure, particularly affecting the company's
Epiphone brand. There is heightened risk of further margin erosion
if industry demand does not recover or tariffs increase.
Additionally, the shift toward pre-owned instruments and fewer
entry-level buyers could further pressure volumes. The company's
leverage remains elevated with debt-to-EBITDA projected around 7x
for fiscal year 2026 (ending March 31, 2026). Liquidity, while
still sufficient for near-term needs, has weakened, with cash
balance at year-end projected to be $40 to $42 million, free cash
flow projected around the $5 to $10 million range, and elevated
working capital outflows.
The affirmation of the B3 CFR reflects Gibson's continued benefit
from strong brand recognition, a leading position in the premium
guitar market, and resilient earnings supported by a strategic
focus on higher-end products and operational efficiencies. Despite
the challenging environment, Gibson's direct-to-consumer (DTC) and
e-commerce channels have shown robust growth, with DTC sales up low
to mid 20% year-over-year. The launch of a Shopify-based platform
in August 2025 has improved online engagement and conversion rates,
helping to offset pressure from the independent dealer channel.
Gibson's market share in the $1,000–$2,000 price segment has
doubled compared to two years ago, driven by new product launches
and targeted marketing. The company's liquidity position, while
weaker than last year, remains good. As of September 30, 2025,
Gibson reported $37 million in cash, $58 million in undrawn
revolver availability, and no near-term debt maturities until
September 2027. The company continues to focus on inventory
normalization, tighter cost controls, and optimizing the
direct-to-consumer channel which should help modestly improve
earnings over the next 12 months.
RATINGS RATIONALE
Gibson's B3 CFR reflects the company's established brand,
competitive position in the niche guitar market, and reputation for
quality, product innovation, and geographic reach. The company's
customer base, which includes both music enthusiasts and
professional artists, has historically demonstrated resilience
through economic cycles. Nevertheless, the discretionary nature of
musical instrument purchases means that demand is highly sensitive
to changes in consumer spending, inflationary pressures, and
broader economic slowdowns. Should the consumer environment weaken
further, there is a risk that customers may defer higher-priced
purchases. Additional credit constraints include Gibson's high
financial leverage, relatively small scale compared to sector
peers, a narrow product portfolio, and customer concentration.
Gibson's recent financial performance has faced renewed challenges.
Net sales declined to $400.7 million, a 4.3% decrease
year-over-year, reflecting softer market demand and a reduction in
first-time buyers of entry-level instruments. Profitability
weakened primarily due to lower volumes, ongoing inflationary input
costs, and a less favorable sales mix. Debt-to-EBITDA rose to 7.1x,
up from 5.3x at March 2025, as a result of both lower earnings and
sustained high leverage. Free cash flow generation also weakened,
with $4.3 million reported for the last twelve months, compared to
$22.1 million in the prior year.
To address these pressures, Gibson is implementing several
mitigating measures. The company is maintaining its focus on
higher-end guitars, where demand has proven more resilient than in
the broader market. Efforts to normalize inventory levels are
ongoing, although working capital is expected to be a slight use of
cash in fiscal 2026. Operational efficiency programs are being
pursued to reduce costs and support margins, alongside disciplined
management of discretionary spending and capital expenditures.
Liquidity remains good, underpinned by an undrawn $75 million ABL
revolver (subject to borrowing base limitations), positive free
cash expectations of at least $10 million over the next twelve
months, and a cash balance of $36.7 million as of September 2025.
Moody's anticipates that Gibson's operating environment will remain
challenging over the next 12-18 months, with industry demand likely
to stay subdued until there is greater clarity on consumer
sentiment and the impact of tariffs. Moody's expects only modest
earnings improvement, with profitability remaining pressured during
this period, and leverage to stay elevated around 7x. Free cash
flow is anticipated to be lower than in 2025, reflecting ongoing
working capital needs and margin pressures. The risk of renewed
margin erosion persists until industry demand recovers more
meaningfully.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The negative outlook reflects Moody's expectations that Gibson will
continue to face margin pressure and subdued earnings due to weak
consumer demand and ongoing industry headwinds over the next 12
months. Elevated leverage and weaker free cash flow limit the
company's financial flexibility and increase vulnerability to
further demand shocks. Without a meaningful recovery in industry
conditions, Gibson's credit metrics are likely to remain strained.
The ratings could be upgraded if Gibson demonstrates the ability to
generate organic revenue growth and generates consistent and
comfortably positive free cash flow, maintains good liquidity, and
sustains debt-to-EBITDA leverage below 6x. An upgrade would also
require confidence that consumer demand for Gibson's products will
improve, and that the industry slowdown has stabilized.
The ratings could be downgraded if earnings decline due to lower
volumes or product prices, deterioration in market share or costs
increase. Negative free cash flow, a deterioration in liquidity
such as through increased revolver reliance, or a more aggressive
financial policy could also lead to a downgrade.
The principal methodology used in these ratings was Consumer
Durables published in December 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
GOLD CITY: U.S. Trustee Appoints Melanie McNeil as PCO
------------------------------------------------------
Guy Van Baalen, the Acting U.S. Trustee for Region 21, appointed
Melanie McNeil as patient care ombudsman for Gold City Health &
Rehab, LLC.
To the best of her knowledge, Ms. McNeil has no connections with
the Debtor, creditors, any other parties in interest, their
respective attorneys and accountants, the U.S. Trustee, and persons
employed in the Office of the U.S. Trustee, except as set forth in
her verified statement.
The ombudsman may be reached at:
Melanie S. McNeil, Esq.
State Long-Term Care Ombudsman
Office of the State Long-Term Care Ombudsman
Georgia Department of Human Services
47 Trinity Avenue, S.W. Room 1136
Atlanta, GA 30334
Melanie.McNeil@osltco.ga.gov
About Gold City Health & Rehab LLC
Gold City Health & Rehab, LLC operates a skilled nursing facility
providing short- term rehabilitation and long-term nursing care
services, serving patients requiring post-acute and custodial
care.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Ga. Case No. 25-52006) on December 15,
2025, with $500,000 to $1 million in assets and $1 million to $10
million in liabilities. Michael E. Winget, Sr., manager, signed the
petition.
Wesley J. Boyer, Esq. at BOYER TERRY LLC represents the Debtor as
legal counsel.
GRAND CANYON UNIVERSITY: Moody's Alters Ratings Outlook to Stable
-----------------------------------------------------------------
Moody's Ratings has revised the outlook on Grand Canyon University,
AZ to stable from negative. At the same time, Moody's have affirmed
the university's Ba1 issuer and revenue bonds ratings. For fiscal
2025, the university recorded total outstanding debt of $1.3
billion.
The outlook revision to stable incorporates reduced litigation and
regulatory risks as well as measured gains in unrestricted
liquidity during fiscal year 2025 (ending June 30). In early
December 2025, the US Department of Education formally recognized
the university's status as a nonprofit organization, which will aid
in access to private scholarships and reduce legal and compliance
expenses. In addition, the IRS reaffirmed its 501(c)(3) tax-exempt
status in 2025 and the Department of Education rescinded a $38
million fine in a case with no findings or penalties. In August
2025, the Federal Trade Commission voted to dismiss its lawsuit
against Grand Canyon Education, the university's primary service
provider.
RATINGS RATIONALE
Grand Canyon University's Ba1 issuer rating acknowledges its
substantial scale and broad academic program diversity. Effective
enrollment management in online and on-campus segments will provide
the university with the ability to invest in new programs and
facilities while generating adequate debt service coverage. While
the relationship between GCU and Grand Canyon Education (GCE),
including elements codified in the Master Services Agreement (MSA),
has demonstrated itself as high functioning and supportive of
revenue growth, the longer term nature of the MSA and various exit
payment provisions constrains the credit quality of the university.
The MSA provisions include a 60% revenue share for almost all of
GCU's revenue in exchange for various services GCE provides.
Unrestricted liquidity, while improved, is below peers and ended
fiscal 2025 at 93 monthly days cash on hand.
The Ba1 rating on the taxable revenue bonds incorporates the broad
pledge of the university and its issuer rating. The Series 2021B
and 2024 bonds are enhanced by a pledge of gross revenues and a
first lien mortgage on the core campus.
RATING OUTLOOK
The stable outlook incorporates expectations that the university
will maintain healthy headroom over its 55 Days Cash on Hand and
Debt Service Coverage Ratio financial covenants.
Even as leadership slows the pace of campus capital investment,
gains in unrestricted liquidity will be measured by GCU's growing
scale of operations and debt service.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATINGS
-- Marked gains in unrestricted liquidity and total cash and
investments with total cash and investments to operating expenses
moving to above 0.5x
-- Ongoing enrollment and revenue growth
-- Moderation in financial leverage with limited reliance on bank
debt
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATINGS
-- Decline in operating performance including reduction in debt
service coverage to below 1.3x
-- Decline in enrollment or increased regulatory scrutiny
-- Reduction in unrestricted liquidity especially if combined with
weaker debt service coverage
-- Substantial increase in total debt especially if accompanied by
collateralization of cash and investments
PROFILE
Grand Canyon University is a large, Christian university based in
Phoenix, Arizona. Founded in 1949, the university has had nonprofit
status for the majority of its years, but was reorganized as a
for-profit university between 2004 and 2018. As of Fall 2025 the
university enrolled roughly 125,000 headcount students across on
campus, online and hybrid modes. Operating revenue was $1.6 billion
in fiscal 2025 with 97% reliance on tuition and auxiliary revenue.
The university has made substantial investments in student life
including intercollegiate athletics. The university is a Division I
member of the Mountain West Conference.
METHODOLOGY
The principal methodology used in these ratings was Higher
Education published in July 2024.
H5 TRANSPORT: Claims to be Paid from Continued Operations
---------------------------------------------------------
H5 Transport LLC, filed with the U.S. Bankruptcy Court for the
District of North Dakota a Subchapter V Plan of Reorganization
dated December 15, 2025.
H5 Transport is a North Dakota limited liability company formed in
2018 to operate a regional and over-the-road freight transportation
business. The Debtor maintains its principal place of business in
Oakes, North Dakota.
Since the Petition Date, the Debtor has continued to operate as a
debtor-in-possession, obtained authority to continue its factoring
arrangement, and preserved operations while formulating this Plan
of Reorganization. The Debtor believes that confirmation of this
Plan will allow it to adjust its capital structure, stabilize cash
flow, and maximize recoveries for its creditors while preserving
going-concern value and employment.
The Debtor entered bankruptcy with assets valued at $315,951.00 and
liabilities totaling $2,029,764.10. Substantially all of the
Debtor's assets—including cash, accounts receivable, vehicles and
trailers, and certain funds held in trust, serve as collateral for
one or more secured creditors. In a Chapter 7 liquidation, there
would be little to no funds available for distribution to unsecured
creditors. Absent a negotiated carve-out, it is unclear whether a
Chapter 7 trustee would have an economic incentive to liquidate
assets solely for the benefit of secured creditors.
In addition, the liquidation of any such de minimis asset, if any
exist, would likely require a Chapter 7 trustee to incur legal fees
and other administrative costs, along with a statutory commission
for the trustee's services. These expenses would further reduce or
eliminate any potential recovery available to unsecured creditors.
By contrast, the Plan proposes to pay unsecured creditors,
including any allowed priority and administrative claims, an
aggregate of $201,756.69, a sum that substantially exceeds what
those creditors would receive in a Chapter 7 liquidation.
To confirm the Plan, the Court must find that all creditors and
equity interest holders who do not accept the Plan will receive at
least as much under the Plan as they would in a Chapter 7
liquidation. The Debtor entered bankruptcy with assets valued at
$315,951.00 and liabilities totaling $2,029,764.10. Substantially
all of the Debtor's assets, including cash, accounts receivable,
vehicles and trailers, and certain funds held in trust, serve as
collateral for one or more secured creditors.
This Plan under chapter 11 of Title 11 of the United States Code
proposes to pay creditors of the Debtor from the general cash flow
of the Debtor.
Class 4 consists of all allowed nonpriority unsecured claims,
including the unsecured portion of the claim of Starion Bank.
The Debtor will continue operating its commercial freight
transportation business to generate the revenue necessary to
implement this Plan. Since the Petition Date, the Debtor has
reduced overhead, streamlined its fleet, and focused operations on
lanes and contracts that yield more stable and predictable income.
While industry conditions remain competitive, H5 Transport believes
the projected Plan payments are feasible and is committed to
performing as required to achieve the "fresh start" contemplated by
the bankruptcy process.
A full-text copy of the Subchapter V Plan dated December 15, 2025
is available at https://urlcurt.com/u?l=KTBWhS from
PacerMonitor.com at no charge.
Counsel for the Debtor:
Christianna A. Cathcart, Esq.
THE DAKOTA BANKRUPTCY FIRM
1630 1st Avenue N
Suite B PMB 24
Fargo, North Dakota 58102-4246
Email: christianna@dakotabankruptcy.com
About H5 Transport LLC
H5 Transport LLC, founded in 2018 and based in Oakes, North Dakota
with a satellite office in Bradenton, Florida, provides
transportation and logistics services specializing in dry van and
refrigerated freight. The veteran-led Company offers full truckload
and less-than-truckload shipping, regional and long-haul coverage,
and custom logistics support including dispatch, driver management,
and billing solutions. H5 Transport serves shippers, small fleets,
and independent owner-operators across the United States, with core
lanes in the Midwest and expanding routes nationwide.
H5 Transport filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. D.N.D. Case No. 25-30409) on September 15,
2025. In its petition, the Debtor reported total assets of $270,951
and total liabilities of $2,029,269.
Honorable Bankruptcy Judge Shon Hastings handles the case.
The Debtor tapped Christianna A. Cathcart, Esq., at The Dakota
Bankruptcy Firm as counsel and Ptacek Financial Services, PC as
accountant.
HARDING BELL: Available Cash & Continued Operation to Fund Plan
---------------------------------------------------------------
Harding Bell International, Inc., filed with the U.S. Bankruptcy
Court for the Middle District of Florida a Disclosure Statement
describing Chapter 11 Plan dated December 15, 2025.
The Debtor is a certified public accounting firm engaged primarily
in tax preparation and accounting services. Matthew Bell is the
Debtor’s majority shareholder and President.
The Debtor operates from physical office spaces rented in the State
of Florida, although many of Debtor's employees work on a fully
remote or hybrid basis. Debtor's principal office is located at 113
Pontotoc Plaza, Auburndale, Florida 33823.
The Debtor's main reasons for seeking bankruptcy relief generally
might be classified as "growing pains". A recently acquired
practice incurred a number of losses for the Debtor for multiple
reasons: (i) the acquisition closed in the middle of tax season
when revenues due were lean; (ii) five of the six staff members
left the practice within nine months of closing; and (iii) the
clients were underbilled and had become accustomed to discounted
services, paying late, and paying on credit terms.
The Debtor believes that there is minimal risk to creditors as to
the completion of the Plan. All payments as provided for in the
Plan shall be paid by Debtor's Cash on hand as of the Effective
date, and future net revenue.
Effective Date payments will be made to the IRS, the Committee, and
the Secured Lenders, which amounts have been finalized and agreed
upon through negotiation. Debtor will assume any remaining
obligations under restructured or existing loan terms, ensuring
stability of post-confirmation operations.
Because the Plan is primarily cash-funded and does not depend on
speculative financing or external contributions, Debtor submits
that the proposed payment structure is feasible within the meaning
of Section 1129(a)(11) of the Bankruptcy Code. Debtor's ongoing
operations are expected to remain stable post-confirmation, with
adequate liquidity to support all required payments and continued
compliance with tax and reporting obligations.
Class 3 consists of all the Allowed General Unsecured Claims of the
Debtor. As reflected in the list of general unsecured creditors,
the Debtor estimates the aggregate amount of Allowed Class 3 Claims
is approximately $4,516,168.77. If the Debtor's Plan is confirmed,
each holder of an allowed general unsecured claim against the
Debtor will receive payment in full.
The projections reflect agreed upon lump sum payments to the Class
3 creditors at various points during the life of the Plan, which
shall be distributed pro rata amongst each holder of an Allowed
Class 3 Claim. These payments shall be in full satisfaction,
settlement, release and extinguishment of their respective Allowed
Claims. The Debtor may prepay any or all of the distributions
described herein with no prepayment penalty.
In the event that the Debtor exceeds its projections, payments to
the Class 3 Claimants shall increase at the same rate, so as to
effectuate an earlier payoff. Additionally, as described in the
Disclosure Statement and herein any recoveries pursuant to
avoidance actions assigned to the Committee or other litigation
claims pursued by the Debtor shall be distributed for the benefit
of the Class 3 Claimants, and shall serve to otherwise reduce
amounts paid by the Debtor under the Plan, so long as Class 3
Claimants are paid in full. The Class 3 Claims are impaired.
Class 4 consists of the Equity Interests of the Debtor in assets of
its Estate, which are retained under the Plan. All property of the
Estate shall re-vest in the Reorganized Debtor, and all interests
of equity holders shall remain as they exist of the filing of this
Disclosure Statement.
Payments to Matthew Bell shall be limited to the gross amount of
$11,377.00 monthly and payment of Matthew Bell's health insurance
premium in the amount of $1,527.00 monthly (or such other payment
as charged by the Debtor's health insurance provider) during the
term of the Plan.
The Debtor believes there is minimal risk to the creditors if the
Plan is confirmed, as the proceeds from Debtor's cash on hand
and/or future net revenue from the continued operation of Debtor's
business are sufficient to service the restructured debt.
A full-text copy of the Disclosure Statement dated December 15,
2025 is available at https://urlcurt.com/u?l=5a9RTF from
PacerMonitor.com at no charge.
Harding Bell International, Inc. is represented by:
Aaron A. Wernick, Esq.
Wernick Law, PLLC
2255 Glades Road, Suite 324A
Boca Raton, FL 33431
Telephone: (561) 961-0922
Email: awernick@wernicklaw.com
About Harding Bell International Inc.
Harding Bell International, Inc., is a certified public accounting
firm based in Central Florida that provides tax preparation,
business support, and FIRPTA services to U.S. and international
clients. The firm serves over 9,000 clients across 22 U.S. states
and more than 170 countries, with a focus on real estate investment
and cross-border tax matters. Founded in 2000, it operates six
offices in the region.
Harding Bell International sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-04912) on July
17, 2025. In its petition, the Debtor reported total assets of
$3,826,150 and total liabilities of $6,221,386.
Judge Roberta A. Colton handles the case.
Aaron A. Wernick, Esq., at Wernick Law, PLLC, is the Debtor's legal
counsel.
SouthState Bank, as secured creditor, is represented by:
Christian P. George, Esq.
Akerman LLP
50 North Laura Street, Suite 3100
Jacksonville, FL 32202
Phone: (904) 798-3700
Fax: (904) 798-3730
christian.george@akerman.com
Cogent Bank, as secured creditor, is represented by:
Bradley M. Saxton, Esq.
Winderweedle, Haines, Ward & Woodman, P.A.
329 North Park Avenue, 2nd Floor
P.O. Box 880
Winter Park, FL 32790-0880
Phone: (407) 423-4246
Fax: (407) 645-3728
Bsaxton@whww.com
INNERGEX RENEWABLE: Fitch Withdraws 'BB+' LongTerm IDR
------------------------------------------------------
Fitch Ratings has withdrawn Innergex Renewable Energy Inc.'s
Long-Term Issuer Default Rating (IDR) at 'BB+' with a Stable
Outlook.
Fitch withdrew the IDR for commercial reasons.
Key Rating Drivers
Key rating drivers do not apply as the ratings have been
withdrawn.
RATING SENSITIVITIES
Rating sensitivities do not apply as the ratings have been
withdrawn.
Issuer Profile
Innergex Renewable Energy, Inc. is a Canada-based renewable energy
company that owns and operates a diversified portfolio of
contracted renewable assets across Canada, the U.S., Chile and
France.
IROBOT CORP: Unsecured Creditors Unimpaired in Prepackaged Plan
---------------------------------------------------------------
iRobot Corp. and affiliates filed with the U.S. Bankruptcy Court
for the District of Delaware a Disclosure Statement for Joint
Prepackaged Chapter 11 Plan dated December 14, 2025.
The Company is a leading consumer robotics company that designs and
builds robots with a focus in intelligent home innovations, became
the "go-to" company for robotic vacuums with its flagship product,
the Roomba(R) vacuuming robot.
In early 2025, the Company's board of directors (the "Board")
initiated a review of strategic alternatives, including, but not
limited to, exploring a potential sale or strategic transaction and
refinancing its outstanding first lien secured debt.
As part of that process, the Board appointed an independent
director, Mr. Neal Goldman, and established the Strategic Process
Transaction Committee of the Board. Shortly thereafter, the Company
launched a comprehensive marketing process for its business and,
ultimately, entered into exclusive negotiations with a potential
purchaser. However, in October 2025, the potential purchaser
withdrew from the sale process.
Santrum Hong Kong Co., Limited ("Picea HK" and, together with Picea
Robotics, "Picea"), a wholly owned subsidiary of Picea Robotics,
purchased and assumed all of the outstanding First Lien Term Loans
on November 24, 2025, pursuant to an Assignment and Assumption
Agreement (such agreement, the "Assignment"). The purchase price
for the Assignment was below the low-end of the Debtors'
liquidation value.4 After several weeks of extensive, arm's-length
and good faith negotiations prior to the Petition Date, the Debtors
and Picea, in turn, entered into a Restructuring Support Agreement
(the "RSA") dated as of December 14, 2025, to implement a
consensual, comprehensive prepackaged restructuring transaction,
the terms of which are memorialized in the Plan.
By virtue of the Assignment, Picea HK holds all First Lien Term
Loans, the only secured funded debt against the Company, in
addition to substantial General Unsecured Claims. Picea HK is the
only impaired creditor entitled to vote on the Plan. Under the
terms of the RSA and the Plan, Picea HK will equitize its First
Lien Term Loans into 95% of the equity interests in the Company
upon its emergence from chapter 11, and, in full and final
satisfaction of Picea HK's approximately $74 million General
Unsecured Claims against the Company arising under the Picea Supply
Agreement (the "Picea HK Supply Agreement Claims"), Picea HK will
own 5% of the equity interests in the Company upon its emergence
from chapter 11, resulting in the Company becoming wholly owned by
Picea HK upon the effective date of the Plan.
Critically, the Plan will, among other things, allow all other
General Unsecured creditors to be paid in full or otherwise remain
unimpaired unless otherwise agreed to with relevant parties, will
not impact the Debtors' customers or contract counterparties, and
positions the Company upon emergence to execute on its business
plan. The key terms of the Plan are as follows:
* the equitization of all Allowed First Lien Claims and all
Picea HK Supply Agreement Claims;
* the Debtors entry into the New Picea Supply Agreement;
* Allowed General Unsecured Claims will be Unimpaired under
the Plan and treated in the ordinary course; and
* the cancellation of all Existing Equity Interests on the
Effective Date.
Through the Restructuring Transactions, the Debtors expect to
emerge from these Chapter 11 Cases with no funded debt and the
necessary liquidity to execute on their business plan, which will
position the Reorganized Debtors for future success in the
fast-evolving market in which they operate. The Debtors believe
that the Restructuring Transactions will maximize the value of
their business and allow them to capitalize on near-term
opportunities in a highly competitive and consolidating industry,
ahead of key seasonal sales windows.
Class 5 consists of General Unsecured Claims. Except to the extent
that a Holder of an Allowed General Unsecured Claim and the Debtors
agrees to a less favorable treatment on account of such Claim or
such Claim has been paid or Disallowed by Final Order prior to the
Effective Date, on and after the Effective Date, each Allowed
General Unsecured Claim shall be Unimpaired and the Reorganized
Debtors shall continue to pay or treat each Allowed General
Unsecured Claim in the ordinary course of business, subject to
(including under the Bankruptcy Code) all claims, defenses,
disputes, or Causes of Action the Debtors and Reorganized Debtors
may have with respect to such Claims, including as provided in
Article IV.O of the Plan; provided, that Allowed Lease Rejection
Claims shall be paid in full on the Effective Date or as soon as
reasonably practicable thereafter. This Class is unimpaired.
On the Effective Date, each Holder of an Existing Equity Interest
(including all related 510(b) Claims13) shall have its Existing
Equity Interest cancelled, released, and extinguished without any
distribution.
From and after the Effective Date, the Reorganized Debtors, subject
to any applicable limitations set forth in any post Effective Date
agreement, shall have the right and authority without further Order
of the Bankruptcy Court to raise additional capital and obtain
additional financing, subject to the New Organizational Documents,
as the New Board deems appropriate.
The Debtors and the Reorganized Debtors, as applicable, shall fund
distributions under the Plan with Cash on hand and Cash received on
and after the Effective Date from operations in the ordinary course
of business or otherwise.
A full-text copy of the Disclosure Statement dated December 14,
2025 is available at https://urlcurt.com/u?l=XppoAt from
PacerMonitor.com at no charge.
Proposed Counsel to the Debtors:
Andrew L. Magaziner, Esq.
Sean T. Greecher, Esq.
Shella Borovinskaya, Esq.
Kristin L. Cardoza, Esq.
YOUNG CONAWAY STARGATT & TAYLOR, LLP
Rodney Square
1000 North King Street
Wilmington, Delaware 19801
Tel: (302) 571-6600
Fax: (302) 571-1253
Email: amagaziner@ycst.com
sgreecher@ycst.com
sborovinskaya@ycst.com
kcardoza@ycst.com
AND
Paul M. Basta, Esq.
Alice Belisle Eaton, Esq.
John T. Weber, Esq.
PAUL, WEISS, RIFKIND,
WHARTON & GARRISON LLP
1285 Avenue of the Americas
New York, New York 10019
Tel: (212) 373-3000
Fax: (212) 757-3990
Email: pbasta@paulweiss.com
aeaton@paulweiss.com
jweber@paulweiss.com
About iRobot Corp.
iRobot Corp. is the manufacturer of Roomba robot vacuums.
iRobot Corp. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 25-12197) on Dec. 14, 2025. In its
petition, the Debtor reports estimated assets and liabilities
between $100 million and $500 million each.
The case is overseen by Honorable Judge Brendan Linehan Shannon.
The Debtor is represented byPaul M. Basta, Esq. of Paul, Weiss,
Rifkind, Wharton & Garrison.
JACKS DONUTS: Court OKs Donut Business Sale to Raintree County
--------------------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Indiana,
Indianapolis Division, has granted Jacks Donuts of Indiana
Commissary LLC, d/b/a Jack Donuts and its affiliates, KCL Group
LLC, and Marcum Industries, to sell substantially all Assets, free
and clear of liens, claims, interests, and encumbrances.
The Debtors are Indiana limited liability companies solely in the
business of owning and operating a donut commissary, shop, and
sales organization. Jacks was founded in 1961 by Jack Marcum with a
single shop in New Castle, Indiana.
Jacks developed a strong brand and Jacks grandson, Lee Marcum, grew
it to 28 stores in Indiana, four in Florida and one in Utah.
To maintain donut consistency and accelerate growth, Lee built a
28,736 square foot commissary. To do so, Jacks took out a $2.9
million SBA loan and a $0.5 million Line of Credit, both from Old
National Bank.
The Court has authorized the Debtor to sell the substantially all
of the assets of the Debtors (Jacks Assets) to Raintree County
Baking LLC, a Delaware limited liability company (Buying Group).
The Jacks Assets may be transferred to the Buying Group free and
clear of all Interests, with such Interests to attach to the
Proceeds in the same order, priority and validity that presently
exists.
The Jacks Assets are conveyed "as is", "where is", and "with all
faults".
The Order shall be accepted for recordation on or after the closing
date as conclusive evidence of the free and clear, unencumbered
transfer of title to the Jack Assets to the Buying Group.
The Order is final and enforceable upon entry.
About Jacks Donuts of Indiana Commissary LLC Jacks Donuts
Jack's Donuts of Indiana Commissary LLC 0perates a food production
and distribution facility in New Castle, Indiana, serving as the
central commissary for Jack's Donuts franchise locations. The
Company
manufactures and supplies doughnuts and related baked goods to
retail stores across Indiana and neighboring states. It functions
as part of the Jack's Donuts franchise network, supporting
consistency in product quality and distribution efficiency for its
affiliated outlets.
Jack's Donuts ought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.Ind. Case No.: 25-06610) on October 29,
2025. In a petition signed by Aaron Lowhorn as manager, the Debtor
discloses total assets of $1,429,958 and total liabilities of
$14,191,389.
Judge: Hon. Jeffrey J. Graham presides over the case.
Jeffrey M. Hester at Hester Baker Krebs LLC, represents the Debtor
as legal counsel.
JACKSON HOSPITAL: PCO Reports No Staffing Shortages
---------------------------------------------------
Suzanne Koenig, the patient care ombudsman, filed with the U.S.
Bankruptcy Court for the Middle District of Alabama her fifth
report regarding the quality of patient care provided by Jackson
Hospital & Clinic, Inc. and affiliates.
In the report which covers the period October 17 to December 18,
the ombudsman representatives met with the chief operating officer
and the chief nursing officer during the unannounced visit to
Jackson Hospital.
The PCO representative attended the daily bed huddle, which is led
by the nursing supervisor. Nursing leaders from all departments
attend and report on census, expected admissions, and anticipated
discharges.
The PCO representative observed that the kitchen was clean and
organized. The chef reported that staffing has been adequate but
sometimes challenging due to sick calls related to flu and cold
season. Staff were busy preparing meals for approximately 140
patients. Tray line food temperatures were measured and found to be
within expected temperature ranges to meet regulatory food and
safety guidelines.
During the visit, the 3 East/Patient Care Unit (PCU) had 16
patients. The PCO representative noted that the nurse caring for
the patient reported that she has adequate supplies, equipment,
staffing support, medications, linen, and resources to care for
patients in the unit. The medication room was clean and organized.
The clean utility room, dirty utility room, and linen supply cart
were clean and organized. Emergency equipment was present and
preventive maintenance for clinical equipment was up to date.
At the time of visit at 4 West Med Surg/Bariatric Unit, census was
18. During a patient interview, the patient reported that she
received very prompt care in the Emergency Department. She said the
staff are respectful and responsive, and they have explained the
current plan of care.
The ombudsman noted that the 6 East/Surgical Unit was clean, and
corridors were clutter free. Emergency equipment and code carts
were present, and daily checks were complete, with no missing
entries. The supply room was clean and organized, and there were
ample supplies stocked. The soiled utility was clean; however, a
bag of pillows was stored on the floor.
Ms. Koenig did not observe any significant concerns during this
report period.
A copy of the ombudsman report is available for free at
https://urlcurt.com/u?l=6UOy7L from PacerMonitor.com.
The PCO can be reached at:
Suzanne Koenig
SAK Healthcare
300 Saunders Road, Suite 300
Riverwoods, IL 60015
Phone: 847-446-8400
Fax: 847-446-8432
skoenig@sakhealthcare.com
About Jackson Hospital & Clinic Inc.
Jackson Hospital & Clinic, Inc. is a non-membership, non-profit
corporation based in Alabama. JHC is the direct or indirect parent
company of JHC Pharmacy, LLC, an Alabama limited liability company
that provides pharmacy services to JHC patients. JHC owns 100% of
JHC Pharmacy. Additionally, JHC is a direct or indirect parent
company of certain other entities that have not filed for
bankruptcy.
JHC operates a 344-bed healthcare facility in Montgomery, Ala.,
with a rich history dating back to 1894. Since its official opening
in 1946, JHC has grown into one of the largest hospitals in
Alabama, offering specialized services in cardiac care, cancer
treatment, neurosciences, orthopedics, women's care, and emergency
services. JHC's service area includes 16 counties across central
Alabama.
JHC and JHC Pharmacy filed Chapter 11 petitions (Bankr. M.D. Ala.
Lead Case No. 25-30256) on February 4, 2025. In its petition, JHC
reported between $100 million and $500 million in both assets and
liabilities.
Judge Christopher L. Hawkins handles the cases.
The Debtors are represented by Derek F. Meek, Esq. at Burr &
Forman, LLP.
Suzanne Koenig serves as patient care ombudsman.
JJTA23 REAL: Gets Interim OK to Use Cash Collateral
---------------------------------------------------
The United States Bankruptcy Court for the Middle District of
Florida, Jacksonville Division, entered an interim order granting
JJTA23 Real Properties LLC to use cash collateral through January
5, 2026.
The Debtor is authorized to use cash collateral only for narrowly
defined purposes related to emergency health and safety issues
affecting tenants or the public. Permitted uses include utilities,
true emergencies, and necessary labor directly related to
addressing those emergencies. Any additional use requires express
written approval from Fannie Mae, the senior secured creditor, and
the order expressly prohibits payment of any management fees to
Jarek Tadla or Peoples Choice Management, LLC during the interim
period.
The order imposes strict budgetary and reporting requirements.
Before the continued hearing, the Debtor must file an amended
budget segregated by property and a detailed habitability
improvement plan with cost breakdowns and proposed vendors. The
Debtor must also provide Fannie Mae with current rent rolls,
accounts receivable and delinquency reports, and accounts payable
aging reports for both properties, while continuing to fulfill all
debtor-in-possession duties and maintaining required insurance.
As adequate protection, the Court granted the senior secured
creditor and junior interest holders replacement liens on
post-petition cash collateral with the same validity and priority
as any prepetition liens, without additional filings. The order is
entered without prejudice to future modifications, lien challenges,
or committee rights, and the Court retained jurisdiction to enforce
its terms.
A continued preliminary hearing on the continued use of cash
collateral is scheduled for January 5, 2026.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/ArljA from PacerMonitor.com.
About JJTA23 Real Properties LLC
JJTA23 Real Properties LLC is a Florida-registered LLC engaged in
real estate operations, including property acquisition, rental
management, and tenant services. The company aims to deliver
well-managed and profitable real estate solutions to residential
and commercial clients alike.
JJTA23 Real Properties LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla., Case No. 25-04383) on
November 25, 2025. In its petition, the Debtor reports estimated
assets of $10 million–$50 million and estimated liabilities
in the same range.
Honorable Bankruptcy Judge Jason A. Burgess handles the case.
The Debtor is represented by Jeffrey Ainsworth, Esq. of BransonLaw
PLLC.
JJTA23 REAL: Gets Interim OK to Use Cash Collateral Until Jan. 5
----------------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida,
Jacksonville Division entered a second interim order granting
JJTA23 Real Properties LLC authority to use cash collateral through
January 5, 2026.
The Debtor is authorized to use cash collateral only for limited
purposes, primarily to address emergency health and safety issues
affecting tenants or the public, including utilities, true
emergencies, and necessary labor directly related to those
emergencies. Additional uses of cash collateral are permitted only
with the express written approval of Fannie Mae, the senior secured
creditor. The order expressly prohibits payment of any management
fees to Jarek Tadla or Peoples Choice Management, LLC during the
interim period.
The court imposed enhanced budgeting and reporting requirements.
Before the next hearing, the debtor must file an amended,
property-by-property budget and a detailed improvement plan to
ensure habitability, including contractor scopes and cost
estimates. The debtor must also provide rent rolls, accounts
receivable (with aging), and accounts payable reports for both
properties.
Fannie Mae and other secured interests receive post-petition
replacement liens with the same validity and priority as
prepetition liens, along with access to records and premises and
continued insurance coverage. The order is entered without
prejudice to future disputes over liens, adequate protection, or
management fees.
A continued preliminary hearing is scheduled for January 5, 2026.
About JJTA23 Real Properties LLC
JJTA23 Real Properties LLC is a Florida-registered LLC engaged in
real estate operations, including property acquisition, rental
management, and tenant services. The company aims to deliver
well-managed and profitable real estate solutions to residential
and commercial clients alike.
JJTA23 Real Properties LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla., Case No. 25-04383) on
November 25, 2025. In its petition, the Debtor reports estimated
assets of $10 million–$50 million and estimated liabilities
in the same range.
Honorable Bankruptcy Judge Jason A. Burgess handles the case.
The Debtor is represented by Jeffrey Ainsworth, Esq. of BransonLaw
PLLC.
JUS BROADCASTING: Court Extends Cash Collateral Access to Feb. 13
-----------------------------------------------------------------
Jus Broadcasting Corporation and its affiliates received another
extension from the U.S. Bankruptcy Court for the Eastern District
of New York to use cash collateral.
The court's fifth interim order authorized Jus Broadcasting, Jus
Punjabi LLC, and Jus One Corp., to use cash collateral from
November 7 to February 13, 2026 to fund operations in accordance
with a court-approved budget.
During the interim period, secured creditors JPMorgan Chase Bank
and CESC-COVID EIDL Service Center will receive $4,000 per month
and $3,500 per month, respectively, as adequate protection for the
Debtors' use of their cash collateral.
The next hearing is scheduled for February 11, 2026.
The Debtors' cash collateral includes assets in which JPMorgan and
CESC-COVID EIDL Service Center have liens or security interests.
Jus Broadcasting entered into a secured line of credit borrowing
with JPMorgan in 2020, and a $2 million loan agreement with
CESC-COVID EIDL Service Center in 2021.
A copy of the Debtor's budget is available at
https://shorturl.at/fBM3y from PacerMonitor.com.
About Jus Broadcasting Corp
Jus Broadcasting Corp sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. N.Y. Case No. 1-24-45180-jmm) on
December 11, 2024. In the petition signed by Penny K, Sandthu,
president and sole principal, the Debtor disclosed up to $500,000
in assets and up to $10 million in liabilities.
Leo Fox, Esq., at Law Office of Leo Fox, Esq., is the Debtor's
bankruptcy counsel.
JPMorgan Chase Bank N.A., as secured creditor, is represented by:
A. Albert Buonamici, Esq.
Buonamici & LaRaus, LLP.
222 Bloomingdale Road
Suite 301
White Plains, NY 10605
(914) 288-9200
KODIAK GAS: Fitch Affirms 'BB' LongTerm IDR, Outlook Stable
-----------------------------------------------------------
Fitch Ratings affirmed Kodiak Gas Services' (Kodiak) Long-Term
Issuer Default Rating (IDR) at 'BB', Senior Unsecured rating at
'BB' with a Recovery Rating of RR4, and ABL facility at 'BBB-/RR1'.
The Outlook is Stable.
Kodiak's ratings reflect its stable cash flows supported by
fixed-fee, take-or-pay contracts, relatively low leverage, and
customer diversification, with some geographic concentration within
the Permian Basin. The company's weighted-average remaining
contract life is relatively short compared with higher-rated
midstream issuers; however, Fitch recognizes that Kodiak has
long-standing customer relationships.
The Stable Outlook reflects expectations for continued high
utilization rates on Kodiak's assets, driven by strong underlying
fundamentals supporting the compression industry, including an
expected approximate doubling of U.S. liquefied natural gas (LNG)
export capacity by the end of the decade and increasing power
demand, leading to an increase in natural gas production.
Key Rating Drivers
Strong Industry Fundamentals: Several structural tailwinds
supporting the compression industry, notably, the construction of
multiple new North American LNG export facilities. Fitch expects
U.S. LNG production to approximately double by 2030. These
incremental LNG projects will require large amounts of natural gas,
with contracted terms typically around 20 years. This will directly
benefit Kodiak, as its core operating areas are two regions (the
Permian and Eagle Ford) in close proximity to LNG export facilities
on the Gulf Coast.
In the compressor market, lead times for new compressors continue
to exceed nine months, and for larger units, more than 12 months,
as strong demand persists. Given the lead times for compression,
most in-service compressors serve traditional gas demand drivers.
Contract compression has not yet substantially realized the
benefits of newly increased data center demand, a new tailwind in
the contract compressor space.
Concentrations Offset by Quality: Kodiak maintains strong customer
diversity. As of Nov. 22, 2025, approximately 50% of Kodiak's
revenue came from its 10 largest customers, with one customer
making up approximately 14% of revenue. Its top customers are
investment-grade entities, and over 60% of revenue comes from
investment-grade counterparties.
Approximately 70% of Kodiak's horsepower (HP) is located in the
Permian Basin, about 13% in the Eagle Ford, and the remainder is
distributed across other U.S. regions. This concentration in the
Permian introduces geographic concentration risk to Kodiak's credit
profile. However, these risks are mitigated in part by Fitch's view
of the Permian as a tier-one U.S. basin. The Permian has sustained
relatively stable production through commodity stress cycles, and
rising gas-oil ratios (GOR) in the basin further support
utilization, which Fitch views as a credit positive.
Low Relative Leverage: Fitch expects leverage to remain roughly
flat over the forecast period, having declined from 4.6x in 2024 to
an estimated 3.8x on an LTM basis. Kodiak has a leverage target of
3.0x-3.5x and plans to reduce leverage to this range. Achieving
this target would, in Fitch's view, strengthen Kodiak's position
within its rating category. Fitch calculates leverage on an LTM
basis, while Kodiak calculates leverage on a last-quarter
annualized basis.
Cash Flow and Contract Stability: Virtually all of Kodiak's EBITDA
comes from fixed-fee, take-or-pay contracts with no volumetric or
direct commodity price exposure. Additionally, Kodiak has a strong
history of high utilization rates on its assets, achieving
greater-than-94% utilization since 2019 and currently maintaining a
utilization rate of 97.6%, which is very near full utilization.
Currently, 14% of contracts are on a month-to-month basis. That
figure is expected to fluctuate seasonally and rise before the bulk
of recontracting occurs. Kodiak maintains a weighted-average
remaining contract life of about 20 months.
Dominant Market Position: Kodiak is the second largest of the "big
three" contract compression companies and is expected to generate
over $700 million of EBITDA, which is consistent with a higher
rating category. The contract compression space benefits from
concentrated market share, as companies are able to pass on cost
increases to customers without affecting their margins. Kodiak
continues to focus on providing larger compressor units (greater
than 1,000 HP) to customers and maintains the largest
revenue-generating horsepower per revenue-generating compression
unit at 965 HP. Fitch generally views this strategy as a positive
as larger units are "stickier" as they are harder to move, in
higher demand, serve larger midstream applications, and customers
pay install and uninstall costs.
Peer Analysis
Kodiak's closest peers within Fitch's midstream coverage are USA
Compression Partners, LP (USAC; BB/Stable) and Archrock, Inc.
(Archrock; BB/Stable). All three companies are large-HP-focused
natural gas compression service providers operating in the U.S.,
almost exclusively under fixed-fee, take-or-pay contracts. The
companies are also similar in size, with around $500 million to
$700 million in EBITDA consistent with a higher rating. They also
share similar levels of counterparty diversity and quality. Kodiak
has more geographic concentration, deriving about 85% of revenue
from two regions, versus approximately two-thirds of revenue for
USAC and Archrock's top two regions.
The companies differ in their approach to growth. Kodiak is the
youngest of the three but has quickly grown the fleet organically
and through acquisitions. USAC takes a more conservative approach
to growth, as shown by disciplined growth plans for 2025 and
acquisitions funded largely with equity. Archrock takes a slightly
more aggressive approach than USAC but still exercises greater
capital discipline across cycles.
The three companies' exposure to month-to-month contracts also
differs, which in turn affects the weighted-average remaining
contract term. At Sept. 30, 2025, 14% of Kodiak's contracts were
month-to-month, USAC's contracts were in the low teens, and
Archrock's exposure was significantly higher than both. While these
numbers fluctuate with market and issuer dynamics, Kodiak and USAC
typically have lower exposure to month-to-month revenue, resulting
in less potential revenue volatility than Archrock.
Fitch expects Kodiak's Fitch-adjusted leverage to decline from 4.6x
in 2024 to 3.9x in 2025 and remain strong for its rating category
over the forecast period. Kodiak has a publicly stated leverage
target of 3.5x. After 2024 leverage of 4.5x, USAC's leverage is
expected to decline over the forecast period and remain strong for
the rating category, and Archrock's leverage is expected to stay in
line with its publicly stated leverage target of 3.0x-3.5x.
Kodiak faces slightly higher business risk due to its higher
geographic concentration and more aggressive growth strategy. This
is offset by Fitch's constructive view of the Permian Basin,
Kodiak's lower exposure to month-to-month contracts, and its lower
expected leverage. Consequently, Fitch rates Kodiak, USAC and
Archrock at the same IDR level.
Fitch's Key Rating-Case Assumptions
-- Oil and gas production consistent with commodity prices in the
Fitch Price Deck;
-- Utilization rates soften towards the later end of forecast
period;
-- Interest rate hedging policy remains in place over the forecast
period;
-- Dividends and capex grow as per the company's publicly
announced policy;
-- Base interest rate applicable to the ABL reflects the Fitch
Global Economic Outlook.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
-- EBITDA leverage expected to be at or above 4.5x on a sustained
basis;
-- An acquisition or organic growth strategy that significantly
increases business risk.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
-- Actual and expected EBITDA leverage sustained at or below 3.5x.
Liquidity and Debt Structure
As of Sept. 30, 2025, Kodiak had about $1 million in cash on its
balance sheet and approximately $1.5 billion of availability on its
$2.0 billion asset-based loan (ABL) facility due September 2030.
Kodiak has refinanced a substantial portion of its ABL using new
senior unsecured debt, reducing its floating rate exposure.
Kodiak's nearest debt maturity is the $750 million senior unsecured
notes due 2029.
Financial covenants require Kodiak to maintain a minimum interest
coverage ratio of 2.5x, a maximum leverage ratio of 5.25x, and a
secured leverage ratio of 3.25x. As of Sept. 30, 2025, Kodiak was
in compliance with these covenants. Fitch expects Kodiak to remain
in compliance with its financial covenants over the forecast
period.
Kodiak has a financial policy of maintaining 80% of its debt at a
fixed rate, including fixed-rate instruments. This policy helps
mitigate floating-rate exposure, and Fitch expects the policy to
remain in place over the forecast period.
Issuer Profile
Kodiak Gas Services, LLC provides compression services to upstream
and midstream companies in the U.S.
RATINGS ACTION
Rating Prior
------ -----
Kodiak Gas Services, LLC
LT IDR BB Affirmed BB
senior unsecured LT BB Affirmed RR4 BB
senior secured LT BBB- Affirmed RR1 BBB-
KOSMOS ENERGY: Fitch Lowers IDR to CCC+, Off Watch Negative
-----------------------------------------------------------
Fitch Ratings has downgraded Kosmos Energy Ltd.'s Long-Term Issuer
Default Rating (IDR) and senior unsecured ratings to 'CCC+' from
'B-' and removed them from Rating Watch Negative (RWN). The
Recovery Rating is 'RR4'.
The downgrade reflects increasing risk that Kosmos is unlikely to
meet its financial covenants under the reserve-based lending (RBL)
facility in its March 2026 test. Failure to meet financial
covenants under the RBL facility constitutes an event of default.
Fitch said, "We cannot fully rule out lender acceleration even
though we consider it to be unlikely. We also believe refinancing
risk is still significant for Kosmos despite its recently signed
secured debt funding."
Key Rating Drivers
Additional Funding Secured: Kosmos signed a senior secured term
loan facility with Shell Trading (US) Company in 3Q25 for up to
USD250 million. It has used USD150 million to partially redeem its
2026 unsecured notes in early October and plans to repay the
remaining USD100 million of those notes in 1Q26 with the undrawn
portion. The company is also evaluating additional secured debt
funding options to proactively address upcoming maturities.
RBL Redetermination Completed: In 3Q25, Kosmos completed the
semi-annual redetermination of its RBL, confirming a borrowing base
above the USD1.35 billion facility size. The company also
successfully completed the liquidity test for the 2027 unsecured
notes, conducted alongside the RBL redetermination. Successful
completion of the RBL redetermination is positive for Kosmos's
financial profile.
March 2026 Test Risk: Kosmos is unlikely to meet its net
debt/EBITDAX covenant under the RBL agreement in the March 2026
test, despite it having been temporarily loosened through a waiver
to 4.25x from 3.5x. The ratio amounted to 4.6x as of end-September
2025 based on last 12 months EBITDAX. Failure to meet the covenant
or secure a waiver would severely affect Kosmos's liquidity and
lead to a negative rating action. Fitch said, "We do not expect a
breach to result in RBL lenders accelerating loan repayment, and
would expect the covenant to be renegotiated, but we cannot fully
rule the prospect of lenders not granting a waiver."
High Refinancing Risk: Fitch said, "We believe the overall
refinancing risk is significant, due to Kosmos's weaker financial
performance and the risk to oil prices in 2026 stemming from an
oversupplied oil market. This is despite Kosmos having secured
funding for 2026 debt maturities and currently evaluating options
to refinance 2027 maturities."
Liquidity Remains a Constraint: Despite completing the 3Q25 RBL
redetermination and securing USD250 million of senior secured
funding from Shell Trading (US) Company, liquidity headroom is
still tight. Kosmos's cash balance of USD64 million at
end-September 2025, together with availability under the RBL and
the Shell facility, covered short-term debt, but upcoming covenant
pressure and refinancing needs keep liquidity risk elevated.
Gradual Improvement in Profitability: Fitch said, "We assume that
part of Kosmos's cost increase in 1H25 is structural despite
expected cost improvements. Kosmos reported a still weak EBITDAX of
USD154 million compared with USD149 million a quarter earlier with
little changes in oil prices (USD66/bbl in 2Q versus USD67/bbl in
3Q). This was despite oil and gas production costs having decreased
to USD28 per barrel of oil equivalent (boe) in 3Q25 from USD36/boe
in 2Q25. Fitch said, "We project only a gradual improvement in
Kosmos's profitability under our oil and gas price assumptions,
even though the company plans to reduce operating costs at Greater
Tortue Ahmeyim (GTA) LNG project further and that GTA has reached
its full nameplate capacity."
Higher Leverage: Weaker profitability and cash flow generation
results in higher than expected leverage metrics. We now expect
EBITDA net leverage to peak at 4.9x in 2025 compared to 4.3x as per
our previous forecasts. Fitch said, "While we expect a gradual
decrease in the leverage metrics, this is still conditional on
operational improvements required to decrease operating costs as
well as oil prices, which we assume to average USD63/bbl in 2026
and 2027 as per our oil price deck."
Oil Market Fundamentals Moderating: Fitch has trimmed down its
2025-2027 oil price assumptions, reflecting moderating market
fundamentals driven by a large oversupply. Fitch expects production
growth to substantially exceed demand increases, with global supply
expanding by 3.1 mmbpd in 2025 and 2.5 mmbpd in 2026 (based on
International Energy Agency forecasts), led by non-OPEC+ and OPEC+
producers. Fitch forecasts demand growth at only 0.8 mmbpd in 2025
and 2026, constrained by slower economic growth, petrochemicals
downturn and energy transition.
Peer Analysis
Energean Plc (BB-/Stable) is rated higher than Kosmos due to its
stronger liquidity and credit metrics, significantly higher
projected production (peaking at 150,000-160,000boe/d in 2025
following divestments) and reserves, and a large share of
contracted sales under long-term take-or-pay agreements that
provide more visibility to its cash flows.
Seplat Energy Plc's (B/Stable) production should significantly
increase following its acquisition of Mobil Producing Nigeria
Unlimited and will exceed that of Kosmos. However, Seplat's rating
is constrained by Nigeria's 'B' Country Ceiling due to
concentration of its assets and export revenues in the country.
Fitch's Key Rating-Case Assumptions
- Brent crude oil prices of USD69/bbl in 2025, USD63/bbl in
2026-2027 and USD60/bbl in 2028
- Henry hub prices of USD3.5/thousand cubic feet (mcf) in 2025-
2026, USD3/mcf in 2027 and USD2.75/mcf in 2028
- Production marginally decreasing to around 66kboe/d in 2025
(compared with 2024), increasing to 76kboe/d in 2026 and to around
80kboe/d in 2027-2028
- Capex totaling USD340 million-375 million in 2025-2028
- No common dividends, in line with Kosmos's long-term leverage
target
Recovery Analysis
Fitch's recovery analysis is based on a going-concern (GC)
approach, which implies that Kosmos will be reorganised rather than
liquidated in a bankruptcy.
The GC EBITDA estimate reflects Fitch's view of a sustainable,
post-reorganisation EBITDA level on which Fitch bases the
enterprise valuation. Kosmos' GC EBITDA of USD620 million, which
includes the company's full consolidation scope, reflects Fitch's
assumption of operational underperformance and a fall in oil
prices, followed by a moderate recovery.
Fitch used a distressed enterprise valuation multiple of 4.0x,
which reflects Kosmos' moderate size with some growth prospects,
and the company's exposure to country risk. Kosmos' senior
unsecured notes are subordinated to its USD1.35 billion RBL.
After deducting 10% for administrative claims, Fitch's analysis
generated a waterfall-generated recovery computation for Kosmos'
senior unsecured notes in the 'RR4' band, indicating a 'CCC+'
instrument rating.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Failure to secure waiver to the debt cover covenant under the
RBL
- Inability to refinance upcoming maturities
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Improved liquidity profile on a sustainable basis and ability to
meet financial covenants
- EBITDA net leverage below 4.0x on a sustained basis
Liquidity and Debt Structure
Cash balance at end-September 2025 amounted to USD64 million
against short-term debt of USD250 million. The company has USD225
million availability under the RBL and USD250 million availability
under the Shell facility. In October, Kosmos used proceeds of the
first tranche under the Shell secured loan to complete the partial
redemption of USD150 million principal under the notes maturing in
April 2026.
Issuer Profile
Kosmos is a medium-sized, full-cycle deep-water independent oil and
gas exploration and production company.
LAKESHORE LEARNING: Moody's Cuts CFR to Caa1, Outlook Stable
------------------------------------------------------------
Moody's Ratings downgraded Lakeshore Learning Materials, LLC's
(Lakeshore Learning) ratings including the Corporate Family Rating
to Caa1 from B3, the Probability of Default Rating to Caa1-PD from
B3-PD, and the senior secured first lien term loan rating to Caa1
from B3. The outlook has been revised to stable from negative.
The downgrade reflects continued earnings pressure and elevated
leverage driven by soft school district spending and challenges
implementing multiple strategic investments, on top of the headwind
from the expiration of Elementary and Secondary School Emergency
Relief (ESSER) stimulus funding that is resulting in lower order
volumes. The company is taking steps to resolve the operating
challenges with the ERP rollout and new distribution center in
Utah, but effective execution will be key to stabilizing operations
over the next 12–18 months. The lower order volumes and higher
sourcing costs from tariffs add to the execution risks. Lower
earnings are leading to free cash flow deficits and higher revolver
borrowings that raise leverage and weaken liquidity.
The stable outlook reflects Moody's expectations that Lakeshore
Learning will maintain adequate liquidity to support its turnaround
initiative and that the company's efforts to reduce costs and
improve order efficiency will stabilize earnings in 2026. Lakeshore
is expected to focus on optimizing its asset footprint and
maintaining liquidity through disciplined working capital
management and its upsized ABL facility. Moody's projects a return
to growth in 2027, supported by anticipated improvements in school
spending.
Gross margin and EBITDA was pressured in 2025 by challenges
associated with Lakeshore's transitional phase amid a difficult
market environment. The implementation of a new ERP system created
elevated shipping costs and operational inefficiencies during the
transition, though most integration issues have now been resolved.
Further, the opening of a new distribution center in Utah in March
2025, designed to improve efficiency and reduce labor costs over
time, involved some additional complexity and ramp-up costs.
Similarly, the closure of the California distribution center in
late 2025 resulted in elevated costs as part of Lakeshore's broader
effort to optimize its asset footprint.
Free cash flow will be negative in 2025 and Moody's projects will
be near break-even in 2026 as the company works down inventory
built to support customer fulfillment during the ERP implementation
and opening of the Utah facility. The business remains highly
seasonal, with revolver utilization peaking in the second quarter
ahead of the new school year.
RATINGS RATIONALE
The Caa1 CFR reflects Lakeshore Learning's exposure to cyclical
demand, high leverage, and ongoing operating challenges related to
a new ERP implementation, opening of a new distribution facility in
Utah, current weakness in school district spending and higher
sourcing costs due to tariffs. Lakeshore Learning is implementing
actions to address the operating challenges to stabilize earnings
and position the company for growth. However, the expiration of
ESSER funds and lower order volumes add to the execution
challenges. Significant cash investments in a new ERP system and a
Utah distribution center are largely complete and expected to
deliver operational efficiencies. US tariffs remain a key risk as
new inventory is procured at higher rates, though near-term impacts
were partially offset by existing inventory. To mitigate these
pressures, Lakeshore Learning is focused on strengthening customer
relationships and driving incremental sales from existing
customers. Moody's projects debt-to-EBITDA leverage will remain
elevated around 9x in 2025 and above 7.0x in 2026 on a
Moody's-adjusted basis. This sustained high leverage is driven by
decreased order volumes, higher trade tariffs, and cost
inefficiencies. Significant capital expenditures in 2023 and 2024
for the ERP system implementation and the new Utah distribution
facility contributed to negative free cash flow. These projects
have largely concluded by late 2025, and Moody's projects free cash
flow will be closer to break even in 2026 as efficiencies improve
and major capital projects conclude.
Lakeshore Learning's credit profile benefits from a
well-established distribution network and strong, long-standing
relationships with school districts across the US, which facilitate
broad market access and recurring demand. The company's diversified
and high-quality product portfolio, focused on early childhood and
elementary school education, provides a competitive edge and
positions Lakeshore as a preferred partner for educational
institutions. An excellent brand reputation within the education
sector further reinforces market position and fosters customer
loyalty. In addition, the early-2025 upsize and extension of the
revolving credit facility through 2030 enhances financial
flexibility, supporting the company's ability to navigate periods
of operational or market stress.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if Lakeshore demonstrates organic
revenue and earnings growth, generates consistent and comfortably
positive free cash flow, maintains good liquidity and reduces
leverage. An upgrade would also require confidence that the company
is successful in replacing volume driven by ESSER funds through
initiatives such as taking market share and expansion of its
product portfolio to support its balance sheet and debt service
requirements.
The ratings could be downgraded if earnings do not improve due to
lower volumes or product prices, deterioration in market share or
an inability to improve operating efficiency with the new ERP
system and distribution network. Continued negative free cash flow,
a deterioration in liquidity such as through increased revolver
reliance, or more aggressive financial policy could also lead to a
downgrade.
PRINCIPAL METHODOLOGY
The principal methodology used in these ratings was Consumer
Durables published in December 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
COMPANY PROFILE
Lakeshore Learning Materials, LLC (founded in 1954 and
headquartered in Carson, CA) is a developer, distributor, and
retailer of educational products and classroom furniture primarily
serving the early childhood education and elementary school
markets. Lakeshore sells its products through mail order catalogs,
e-commerce, a sales force, and retail stores. The company operated
60 retail stores throughout 30 states in the United States (as of
March 2025) and has distribution facilities located in Midway, KY
and Garland, Utah. Following a leveraged buyout (LBO) in September
2021, the company is majority owned by private equity firm Leonard
Green & Partners, L.P. with the founding Kaplan family retaining
minority ownership. Lakeshore generated approximately $775 million
of net sales as of the last 12 months ended September 30, 2025.
LDM LLC: Gets Interim OK to Use Cash Collateral Until Jan. 9
------------------------------------------------------------
LDM, LLC got the green light from the U.S. Bankruptcy Court for the
Eastern District of Michigan, Southern Division, to use cash
collateral.
The court issued an interim order authorizing the Debtor to use up
to $350,248 in cash collateral from December 11 to January 9, 2026,
to pay operating expenses in accordance with its budget, plus a 10%
variance.
As adequate protection, Citizens Bank, N.A. and any other secured
creditors that
may claim an interest in the cash collateral will be granted
replacement liens on post-petition assets similar to their
pre-bankruptcy collateral.
In addition, Citizens Bank will receive a monthly payment of
$8,250.
The court also authorized LDM to segregate in a
debtor-in-possession account up to $1,000 per month for the payment
of anticipated professional fees. The replacement liens do not
apply to these funds.
A final hearing will be held on January 8 if an objection is filed
by the January 5 deadline.
The interim order is available at https://is.gd/jYEsWx from
PacerMonitor.com.
LDM, which operates a long-standing cold-metal stamping business,
filed for bankruptcy to preserve its going-concern value, continue
operations, stop costly state-court litigation with a former sales
representative, and manage any resulting unliquidated claim without
business disruption.
The Debtor's cash collateral consists of minimal cash on hand,
modest bank account balances, and approximately $1.14 million in
accounts receivable. Access to this cash collateral is essential to
fund post-petition operations, pay ordinary expenses, and avoid
immediate and irreparable harm, including potential shutdown and
loss of customer relationships.
The Debtor entered into a line of credit with Citizens Bank in
2024, which is secured by a perfected lien on all assets. Citizens
Bank is owed approximately $1.1 million and is oversecured based on
estimated total assets of $5.6 million, although the loan extension
expires December 31, 2025.
About LDM LLC
LDM, LLC, doing business as United Metal Products, manufactures
metal stampings and fabricated components from its facility at 8101
Lyndon Avenue in Detroit, Michigan.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Mich. Case No. 25-52563) on December
11, 2025. In the petition signed by Leonard MacEachern, CEO, the
Debtor disclosed up to $10 million in both assets and liabilities.
Judge Maria L. Oxholm oversees the case.
Mark H. Shapiro, Esq., at Steinberg Shapiro & Clark, represents the
Debtor as legal counsel.
LEISURE INVESTMENTS: Transfer of Animals to Clearwater Marine OK'd
------------------------------------------------------------------
The U.S. Bankruptcy Court for the District of Delaware has granted
Leisure Investment Holdings LLC and its affiliates to transfer
certain animals, free and clear of liens, claims, interests, and
encumbrances.
The Debtors and their affiliates operate more than 30 attractions
-- dolphin habitats, marinas and water, theme, and adventure parks
-- in eight countries across three continents, with primary
operations in Mexico, the United States, and the Caribbean,
including Jamaica, Cayman Islands, Dominican Republic and St.
Kitts. The Company also has locations in Italy and Argentina. The
Company's parks are home to approximately 2,400 animals from more
than 80 species of marine life, including hundreds of marine
mammals (such as dolphins, sea lions, manatees and seals), birds,
and reptiles. As of 2023, the Company's marine mammal family
included approximately 295 dolphins, 51 sea lions, 18 manatees and
18 seals.
The Court found that due, proper, timely, adequate, and sufficient
notice of the Second Misc. Asset
Transfer Notice, the Transfers, and all deadlines related thereto,
has been provided to all interested
parties and entities in accordance with the Bankruptcy Code, the
Bankruptcy Rules, the Local Rules, and the Miscellaneous Asset Sale
Procedures Order.
The Debtors have demonstrated compelling circumstances and a good,
sufficient, and sound business purpose and justification for
entering into the Transfer Agreements.
The Debtors have adequately marketed their assets, including the
Transferred Animals, and such sale and marketing process was
conducted in a non-collusive, fair, and good-faith manner. The
Debtors have afforded interested parties a full and fair
opportunity to participate in the sale process for the Transferred
Animals and to make higher or otherwise better offers.
The Debtors and Clearwater Marine Aquarium, a 501(c)(3)-qualified
non-profit organization (Transferee), and their respective counsel
and other advisors, have not engaged in any conduct that would
cause or permit the Transfer Agreements or the consummation of the
Transfers to be avoided, or costs or damages to be imposed.
The Transferees are obtaining ownership of the Transferred Animals
in good faith and for fair and reasonable consideration, and none
of the Transferees is an "insider" of any Debtor.
None of the Transferees are a "successor" to, a mere continuation
of, or an alter ego of the Debtors or their estates.
The transfer of the Transferred Animals to the Transferees will be
a legal, valid, and effective transfer of the Transferred Animals,
and will vest each Transferee with all right, title, and interest
of the Debtors to the Transferred Animal free and clear, to the
fullest extent permitted by law.
Each Transfer Agreement is a valid and binding contract between the
Debtors and the applicable Transferee.
The Transfers and the transactions contemplated thereby are
approved. The Debtors and the Transferees are authorized to
effectuate the terms of the Transfer Agreements and the
transactions contemplated.
The transfer of the Transferred Animals to the Transferees in
accordance with the terms of the Transfer Agreements will be a
legal, valid, enforceable, and effective transfer of the
Transferred Animals and will vest the Transferees, as applicable,
with all legal, equitable, and beneficial right, title, and
interest of the Debtors to the Transferred Animals free and clear
of all Interests of any kind or nature whatsoever, including,
without limitation, rights or claims based on any Successor or
Other Liabilities.
A copy of the transfer agreement can be found at
https://urlcurt.com/u?l=uQleAm
About Leisure Investments Holdings
Leisure Investments Holdings LLC and affiliates are operating under
the name "The Dolphin Company," manage over 30 attractions,
including dolphin habitats, marinas, water parks, and adventure
parks, located in eight countries across three continents. Their
primary operations are based in Mexico, the United States, and the
Caribbean, with locations in Jamaica, the Cayman Islands, the
Dominican Republic, and St. Kitts. These attractions are home to
approximately 2,400 animals from more than 80 species of marine
life, including a variety of marine mammals such as dolphins, sea
lions, manatees, and seals, as well as birds and reptiles. As of
2023, the marine mammal population at the Debtors' parks includes
roughly 295 dolphins, 51 sea lions, 18 manatees, and 18 seals.
Leisure Investments Holdings LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case 25-10606) on
March 31, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $100 million and $500 million each.
Honorable Bankruptcy Judge Laurie Selber Silverstein handles the
case.
The Debtors tapped Robert S. Brady, Esq., Sean T. Greecher, Esq.,
Allison S. Mielke, Esq., and Jared W. Kochenash, Esq. as counsels.
The Debtors' restructuring advisor is RIVERON MANAGEMENT SERVICES,
LLC. The Debtors' Claims & Noticing Agent is KURTZMAN CARSON
CONSULTANTS, LLC d/b/a VERITA GLOBAL.
LEXARIA BIOSCIENCE: Raises $3.5MM in Direct Offering and Warrants
-----------------------------------------------------------------
Lexaria Bioscience Corp. disclosed in a Form 8-K Report filed with
the U.S. Securities and Exchange Commission that the Company,
entered into a Securities Purchase Agreement with certain
institutional investors, pursuant to which the Company issued and
sold to the investors:
(i) in a registered direct offering, 2,661,600 shares of
Common Stock, par value $0.001 per share of the Company at a price
of $1.315 per share, and
(ii) in a concurrent private placement, 2,661,600 common stock
purchase warrants, exercisable for an aggregate of up to 2,661,600
shares of Common Stock, at an exercise price of $1.19 per share of
Common Stock.
The Shares were offered by the Company pursuant to the Company's
shelf registration statement on Form S-3 (File 333-284407),
initially filed by the Company with the Securities and Exchange
Commission under the Securities Act of 1933, as amended, on January
22, 2025, and declared effective on January 30, 2025 and a related
prospectus supplement, dated December 14, 2025.
The Purchase Agreement contains customary representations,
warranties and agreements by the Company, customary conditions to
closing, indemnification obligations of the Company, including for
liabilities arising under the Securities Act, other obligations of
the parties and termination provisions.
The representations, warranties and covenants contained in the
Purchase Agreement were made only for the purposes of such
agreement and as of the specific dates, were solely for the benefit
of the parties to such agreement and may be subject to limitations
agreed upon by the contracting parties.
The Private Placement Warrants (and the shares of Common Stock
issuable upon the exercise of the Private Placement Warrants) were
not registered under the Securities Act, and were offered pursuant
to an exemption from the registration requirements of the
Securities Act provided under Section 4(a)(2) of the Securities Act
and/or Rule 506 of Regulation D promulgated under the Securities
Act.
The Private Placement Warrants are exercisable upon issuance and
will expire on the fifth anniversary of the effective date of the
registration statement filed by the Company registering the resale
of the shares of Common Stock underlying the Private Placement
Warrants, and in certain circumstances may be exercised on a
cashless basis.
If the Company fails for any reason to deliver shares of Common
Stock upon the valid exercise of the Private Placement Warrants,
subject to its receipt of a valid exercise notice and the aggregate
exercise price, by the time period set forth in the Private
Placement Warrants, the Company is required to pay the applicable
holder, cash, as liquidated damages as set forth in the Private
Placement Warrants. The Private Placement Warrants also include
customary buy-in rights in the event it fails to deliver shares of
Common Stock upon exercise thereof within the time periods set
forth in the Private Placement Warrants.
Under the terms of the Private Placement Warrants, a holder will
not be entitled to exercise any portion of any such Private
Placement Warrant, if, upon giving effect to such exercise, the
aggregate number of shares of Common Stock beneficially owned by
the holder (together with its affiliates, any other persons acting
as a group together with the holder or any of the holder's
affiliates, and any other persons whose beneficial ownership of
Common Stock upon would or could be aggregated with the holder's
for purposes of Section 13(d) or Section 16 of the Securities
Exchange Act of 1934, as amended) would exceed for the Private
Placement Warrants, 4.99% of the number of shares of Common Stock
outstanding immediately after giving effect to the exercise, as
such percentage ownership is determined in accordance with the
terms of such Private Placement Warrant, which percentage may be
increased at the holder's election upon 61 days' notice to the
Company subject to the terms of such Private Placement Warrants,
provided that such percentage may in no event exceed 9.99%.
On December 16, 2025, the Company closed the registered direct
offering and the private placement offering, raising gross proceeds
of approximately $3.5 million before deducting placement agent fees
and other offering expenses payable by the Company.
The Company intends to use the net proceeds from the Offering for
working capital and other general corporate purposes.
Pursuant to the terms of the Purchase Agreement, the Company is
required within 15 days of the date of the Purchase Agreement, to
file a registration statement on Form S-1 or other appropriate form
if the Company is not then Form S-1 eligible registering the resale
of the shares of Common Stock issued and issuable upon the exercise
of the Private Placement Warrants.
The Company is required to use commercially reasonable efforts to
cause such Registration Statement to become effective within 45
days of the Closing Date of the Offering (or within 75 days
following the Closing Date of the Offering in case of "full review"
of the Registration Statement by the SEC), and to keep the
Registration Statement effective at all times until no investor
owns any Private Placement Warrants or shares issuable upon
exercise thereof.
Pursuant to the terms of the Purchase Agreement, and for a period
of 30 days thereafter, subject to certain exceptions, the Company
may not issue, enter into any agreement to issue or announce the
issuance or proposed issuance of any shares of Common Stock upon or
common stock equivalents, or file any registration statement or any
amendment or supplement thereto, other than a prospectus supplement
for the Offering, the Registration Statement for the registration
of the shares of Common Stock issued and issuable upon the exercise
of the Private Placement Warrants.
In connection with the Offering, on August 12, 2025, the Company
entered into an engagement agreement with H.C. Wainwright & Co.,
LLC.
Pursuant to the terms of the Engagement Agreement, the Company
agreed to pay the Placement Agent a cash fee equal to 7.0% of the
gross proceeds of the Offering and to issue to the Placement Agent,
or its designees, 93,156 common stock warrants of the Company to
purchase up to 93,156 shares of Common Stock, which is equal to
3.5% of the aggregate number of Shares issued and sold on the
Closing Date.
The Placement Agent Warrants expire five years from the
commencement of sales of the Offering and have an exercise price of
$1.6438 per share of Common Stock.
In addition, the Company will reimburse the Placement Agent for
non-accountable expense allowances of $20,000, accountable legal
expenses, other out-of-pocket legal expenses incurred in connection
with the Offering in the amount of up to $50,000 and $15,950 for
clearing fees.
Neither of the Placement Agent Warrants nor the shares of Common
Stock issuable upon the exercise of the Placement Agent Warrants
are registered under the Securities Act. The Placement Agent
Warrants and the Placement Agent Warrant Shares were issued in
reliance on the exemptions from registration provided by Section
4(a)(2) under the Securities Act.
Full-text copies of the Private Placement Warrants, the Placement
Agent Warrants and the Purchase Agreement are available at as
https://tinyurl.com/y67jecm6, https://tinyurl.com/y8csfhky, and
https://tinyurl.com/yck75f8e, respectively.
Sichenzia Ross Ference Carmel, LLP, securities counsel to the
Company, delivered an opinion as to the validity of the Shares, a
copy of which is available at https://tinyurl.com/3v2znr8s
About Lexaria
Headquartered in Kelowna, BC, Canada, Lexaria Bioscience Corp. --
http://www.lexariabioscience.com/-- is a biotechnology company
pursuing the enhancement of the bioavailability of a diverse and
broad range of active pharmaceutical ingredients using its
proprietary DehydraTECH drug delivery technology. The Company
currently focuses on the investigation of the incorporation of its
DehydraTECH drug delivery technology with GLP-1 and GIP drugs to
enhance absorption and reduce adverse events.
Houston, Texas-based MaloneBailey, LLP, the Company's auditor since
2022, issued a "going concern" qualification in its report dated
November 26, 2025, attached to the Company's Annual Report on Form
10-K for the year ended August 31, 2025, citing that the Company
has suffered recurring losses from operations that raise
substantial doubt about its ability to continue as a going
concern.
As of August 31, 2025, the Company had $4.2 million in total
assets, $1.6 million in total liabilities, and $2.6 million in
total stockholders' equity.
LMD HOLDINGS: U.S. Trustee Unable to Appoint Committee
------------------------------------------------------
The U.S. Trustee for Region 9 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of LMD Holdings, LLC.
About LMD Holdings LLC
LMD Holdings LLC operates Luca Mariano Distillery, a beverage
manufacturer located at 128 Letton Drive in Danville, Kentucky.
LMD Holdings sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. E.D. Mich. Case No. 25-47214) on July 17, 2025. In its
petition, the Debtor reported between $1 million to $10 million in
assets and liabilities.
Honorable Bankruptcy Judge Paul R. Hage handles the case.
The Debtor is represented by Robert Bassel, Esq., at Robert N.
Bassel.
LORDON ENTERPRISES: Court OKs Deal on Cash Collateral Access
------------------------------------------------------------
The U.S. Bankruptcy Court for the Central District of California,
Los Angeles Division, approved a stipulation authorizing Lordon
Enterprises, Inc. to use the cash collateral of its secured
creditors.
Under the stipulation, the Debtor is authorized to use the cash
collateral of Golf Projects Lindero, Inc., and Sunwest Bank through
January 19, 2026, solely to pay ordinary business expenses in
accordance with its budget.
Sunwest is required to release any funds that were previously
frozen or withheld due to GPL's levy and transfer them to the
Debtor's debtor-in-possession accounts at California Bank of
Commerce. These released funds remain subject to the stipulation
and any court order approving cash-collateral use, and Sunwest is
expressly prohibited from offsetting them against pre-petition
overdrafts or other pre-petition obligations, although Sunwest's
perfected security interest is preserved pending further court
determination.
As adequate protection, the stipulation grants GPL and Sunwest
replacement liens on post-petition assets of the same type, extent,
and priority as their alleged pre-petition interests, limited to
the amount of any actual decrease in value. These replacement liens
expressly exclude avoidance actions and their proceeds. In
addition, to the extent replacement liens prove insufficient, GPL
and Sunwest will be granted a superpriority administrative expense
claim under section 507(b), subordinate only to U.S. Trustee fees
and surviving conversion or appointment of a trustee, but likewise
not payable from or secured by avoidance actions.
The stipulation is available at https://urlcurt.com/u?l=1pKD5r from
PacerMonitor.com.
Lordon Enterprises filed for Chapter 11 relief on November 3
following extensive pre-petition litigation in which GPL obtained a
default judgment exceeding $14 million and subsequently levied on
the Debtor's deposit accounts held at Sunwest. GPL asserts that
this levy created an execution lien in the deposited funds, while
Sunwest claims a perfected security interest in the same accounts
under its deposit agreement and applicable provisions of the
California Commercial Code. The Debtor disputes GPL's execution
lien, contending it constitutes an avoidable preference under
section 547 of the Bankruptcy Code, and reserves all rights to
challenge both GPL's and Sunwest's asserted interests.
About Lordon Enterprises
Inc.
Lordon Enterprises, Inc. provides specialized services to the real
estate industry, including property management, appraisal, listing,
escrow, and consulting services.
Lordon Enterprises sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-19832) on November 3,
2025. In the petition signed by Donald J. Melching, chief executive
officer, the Debtor disclosed up to $1 million in assets and up to
$50 million in liabilities.
Judge Barry Russell oversees the case.
Misty Perry Isaacson, Esq., at Salvato Boufadel, LLP represents the
Debtor as counsel.
Sunwest Bank is represented by:
Robert S. McWhorter, Esq.
Buchalter
A Professional Corporation
500 Capitol Mall, Suite 1900
Sacramento, CA 95814
Tel: (916) 945-5170
Facsimile: (916) 930-0151
rmcwhorter@buchalter.com
Golf Projects Lindero, Inc is represented by:
Steven T. Gubner, Esq.
Jessica Bagdanov, Esq.
BG Law, LLP
21650 Oxnard Street, Suite 500
Woodland Hills, CA 91367
Telephone: (818) 827-9000
Fax: (818) 827-9099
sgubner@bg.law
jbagdanov@bg.law
M.K. WEEDEN: Gets Interim OK to Use Cash Collateral Until Feb. 6
----------------------------------------------------------------
M.K. Weeden Construction, Inc. received interim approval from the
U.S. Bankruptcy Court for the District of Montana to use cash
collateral.
The court issued an interim order authorizing the Debtor to use up
to $90,000 of its cash on hand for the period from December 11 to
February 6, 2026. Funds must be used solely for operating costs and
expenses set forth in the approved budget.
As adequate protection, any secured creditor later determined to
hold a pre-bankruptcy lien on the Debtor's cash will be granted a
replacement lien on the Debtor's accounts receivable, with the same
validity and priority as its pre-bankruptcy lien.
A final hearing is scheduled for February 6, 2026.
A copy of the interim order and the Debtor's budget is available at
https://is.gd/4uFeY5 and https://shorturl.at/JwKs7 from
PacerMonitor.com.
M.K. Weeden Construction and its affiliates, MK Equipment Co. LLC
and WMK Holding LLC, filed Chapter 11 petitions on December 11 and
are operating as an integrated group, with M.K. Weeden Construction
serving as the operating construction and excavation company and
the other entities holding equipment leased for use in operations.
M.K. Weeden Construction identifies First Bank of Montana as the
only creditor with a perfected security interest in cash
collateral, based on broad liens securing operating and term loans
totaling approximately $10.97 million as of the petition date.
Other creditors hold junior or disputed liens limited to specific
equipment and not to cash collateral.
First Bank of Montana, as secured creditor, is represented by:
Morgan Hoyt, Esq.
Moulton Bellingham PC
27 North 27th Street, Suite 1900
P.O. Box 2559
Billings, MT 59103-2559
Telephone: (406) 248-7731
Morgan.Hoyt@moultonbellingham.com
About M.K. Weeden Construction Inc.
M.K. Weeden Construction, Inc., based in Lewistown, Montana, is an
earthmoving and heavy civil construction contractor operating
throughout Montana, Wyoming, and the western United States. Founded
in 1991 and incorporated in 1994, the Company has grown to
approximately 150 employees and over 200 pieces of equipment. It
provides large-scale excavation and earthmoving services,
leveraging advanced construction technology to support efficiency
and project quality.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mont. Case No. 25-40100) on December 11,
2025. In the petition signed by Monte K. Weeden, president and
manager, the Debtor disclosed $27,956,847 in total assets and
$23,678,668 in total liabilities.
Judge Benjamin P. Hursh oversees the case.
Laurie Thornton, Esq., at DBS LAW, represents the Debtor as legal
counsel.
MAMMOTH INC: Causes of Action & Asset Sale Proceeds to Fund Plan
----------------------------------------------------------------
Mammoth, Inc. filed with the U.S. Bankruptcy Court for the Southern
District of Indiana a Small Business Plan of Liquidation under
Subchapter V dated December 15, 2025.
The Debtor is a national, commercial construction management firm
and general contractor with a primary focus on auto-industry
specific construction of car washes, oil changes, quick lubes, gas
stations, convenience stores, auto dealerships, tire shops, and
service centers.
Mammoth was dealt a significant blow in June 2025 when one of its
customers discontinued payments and breached numerous contracts. In
July 2025, Mammoth had another significant contract cancelled by a
carwash developer, further escalating Mammoth's financial
struggles. In all, Mammoth has seen more than $11,000,000.00 in
awarded projects delayed, terminated, or cancelled since June 2025.
These setbacks made it impossible for Mammoth to continue to carry
the large team that had been assembled over the last several years
to execute the company's largest projected revenue year as
projected, which was expected to double revenues from 2024.
The combination of the significant debt burden from nonpayment and
losses from poorly performing contracts culminated in this
Bankruptcy Case. After reviewing the operations and Assets of
Debtor, Debtor entered into the Bankruptcy Case in order to
complete several outstanding projects that were profitable while
terminating and otherwise working to wind down its business.
Consistent with the approval for Debtor to use Cash Collateral as
set forth in the Final Cash Collateral Order, Debtor has completed
its outstanding projects and turned toward liquidating its Assets.
To that end, Debtor has engaged Website Brokers LLC as the Broker
to market and sell its remaining Assets as set forth more
specifically in Article VI of this Plan.
In its operations, Debtor uses a proprietary process, employs
industry specialists, generates a high volume of inbound
constructions leads, has a diversified revenue stream across
different markets, and has national brand recognition with
exclusive intellectual property along with licenses to work in 36
states and intellectual property that includes a registered
trademark, branding, and a website (collectively, the "Intangible
Assets"), all of which will be marketed and sold by the Broker. The
Net Sale Proceeds of the sale of the Assets by the Broker will be
used to pay claims in the order or priority set forth in this Plan
and consistent with the Bankruptcy Code.
Class 3 shall consist of all other claims asserted against Debtor
that are not secured by Assets of the Debtor with a value in excess
of the SBA Claim and the 3Rivers Claim and are not entitled to
priority treatment under section 507(a) of the Bankruptcy Code.
Mammoth estimates that the aggregate unsecured claims are
approximately $5,200,000.00.
All Allowed Unsecured Claims shall receive a pro rata distribution
from: 1) the Net Sale Proceeds the later of the Closing Date or the
date on which the Unsecured Claim becomes an allowed Unsecured
Claim, or as soon thereafter as practicable; provided, however,
that the Unsecured Claims shall only be entitled to receive the
remaining Net Sale Proceeds of the Asset Sale after the SBA Claim
and the 3Rivers Claim are paid in full; and 2) any proceeds from
Debtor's Causes of Action; provided, however, that the Unsecured
Claims shall only be entitled to receive any proceeds from Debtor's
Causes of Action after the 3Rivers Claim is paid in full. Class 3
is impaired.
Class 4 shall consist of the equity interest of Jason Lee Marlow
and Joseph T. Gaw III in Mammoth. The current equity interest
holders shall maintain their interest in the Liquidating Debtor.
The distribution made under the Plan shall be funded by the
following: 1) a sale of substantially all of Debtor's Assets; 2)
any remaining Cash Collateral after all Administrative Expenses,
including without limitation, the Carveout provided by the Final
Cash Collateral Order, and all amounts in the Budget or Extended
Budget have been paid; and 3) proceeds from any Causes of Action.
A full-text copy of the Liquidating Plan dated December 15, 2025 is
available at https://urlcurt.com/u?l=Hf3puK from PacerMonitor.com
at no charge.
Counsel for the Debtor:
Sarah L. Fowler, Esq.
BLACKWELL, BURKE, FOWLER & ROSSOW, P.C.
101 W. Ohio St., Suite 1700
Indianapolis, IN 46204
Telephone: (317) 533-7869
Facsimile: (317) 634-2501
E-mail: sfowler@bbfr.law
About Mammoth Inc.
Mammoth, Inc., doing business as Mammoth Construction, provides
general contracting and construction management services from its
base in Anderson, Indiana. The Company focuses on projects for the
automotive industry, including car washes, dealerships, service
centers, gas stations, and tire shops, while also undertaking
commercial renovations and build-outs.
Mammoth filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. S.D. Ind. Case No. 25-05558) on September
15, 2025, with $7,427,011 in assets and $2,063,375 in liabilities.
Jason L. Marlow, CEO, signed the petition.
Judge Jeffrey J. Graham presides over the case.
Sarah L. Fowler, Esq., at Blackwell, Burke, Fowler and Rossow, P.C.
represents the Debtor as legal counsel.
MARCEL CONTRABAND: Amends Unsecured Claims Pay Details
------------------------------------------------------
Marcel Contraband Pointe, LLC submitted a First Amended Disclosure
Statement describing First Amended Plan of Liquidation dated
December 15, 2025.
The Plan provides for a court-supervised liquidation of
substantially all of the Debtor's assets through a competitive
auction process, with First Federal Bank of Louisiana serving as
stalking horse bidder.
The Debtor will sell substantially all of its assets, consisting
primarily of real property located in Calcasieu Parish, Louisiana
(the "Property"), through a competitive bidding process supervised
by the Court. First Federal has agreed to serve as the stalking
horse bidder with an initial bid of $15,000,000.00, subject to
higher and better qualified bids.
Current equity holders will contribute funds equal to 10% of the
total Allowed Class 3 claims held by Opt-In Creditors who elect to
participate in the Settlement Fund. The Settlement Fund will be
available for distribution to Class 3 creditors who affirmatively
elect to participate by signing releases of claims against
guarantors, equity holders, and affiliates of the Debtor
(collectively, the "Released Parties").
The Settlement Fund is subject to a Minimum Participation Threshold
requiring that Opt-In Creditors holding at least seventy percent of
the total dollar amount of Allowed Class 3 supplier and
subcontractor claims affirmatively elect to participate.
Confirmation occurs first, then opt‐in elections occur: The Plan
will be confirmed (including, if necessary, under Section 1129(b)
cramdown provisions) before opt-in elections are solicited. The
Minimum Participation Threshold determination occurs after the
Effective Date. If the threshold is not met, the Settlement Fund
Contribution will not be made, but the Plan will remain in effect
and distributions from estate assets will proceed as provided in
the Plan.
Class 3 consists of all General Unsecured Claims. Based on a review
of recorded liens, filed proofs of claim, and the Debtor's
schedules, the Debtor estimates that total Allowed Class 3 General
Unsecured Claims will be approximately $2,952,000.00. A substantial
portion of Class 3 Claims consist of Supplier/Subcontractor Claims
related to the development and construction of improvements on the
Property.
Holders of Allowed Class 3 General Unsecured Claims shall have the
option to receive distributions through one of two mutually
exclusive alternatives:
* Option A: Settlement Fund Distributions with Third-Party
Releases (Opt-In Creditors). Class 3 creditors who affirmatively
elect to become Opt-In Creditors by executing and timely returning
the Opt-In Election Form and Release shall receive their Pro Rata
share of distributions from the Settlement Fund as provided in
Article VI of the Plan and shall grant the Third-Party Releases set
forth in the Plan. Distributions from the Settlement Fund are
conditioned upon Opt-In Creditors holding at least seventy percent
of the total dollar amount of Allowed Class 3 supplier and
subcontractor claims affirmatively electing to participate. If this
threshold is not met, no Settlement Fund distributions will be made
to any creditors, but the Plan will remain in effect.
* Option B: Non-Settlement Fund Distributions (Non-Opt-In
Creditors). Class 3 creditors who do not elect to become Opt-In
Creditors (either by affirmatively declining or by failing to
timely return the Opt-In Election Form and Release) shall receive
their Pro Rata share of any funds remaining available for
distribution to Class 3 General Unsecured Claims after:
-- payment in full of all Allowed Administrative Claims,
Priority Tax Claims, and Priority Claims;
-- satisfaction of Allowed Class 1 Secured Claims from the
net proceeds of the Plan Sale (subject to the Administrative
Expense Carve-Out);
-- satisfaction of any Allowed Class 2 Secured Claims; and
-- funding of the Settlement Fund for distribution to Opt-In
Creditors.
The Plan incorporates a Settlement Fund structure designed to
facilitate consensual resolution of Supplier/Subcontractor Claims
through negotiated settlements funded by contributions from current
equity holders and potentially other affiliates.
The Court will conduct a hearing to consider confirmation of the
Plan (the "Confirmation Hearing") on February 4, 2026, at 10:30
a.m.
A full-text copy of the First Amended Disclosure Statement dated
December 15, 2025 is available at https://urlcurt.com/u?l=HLvykR
from PacerMonitor.com at no charge.
The Debtor's Counsel:
Bradley L. Drell, Esq.
GOLD, WEEMS, BRUSER, SUES & RUNDELL, A PLC
Post Office Box 6118
Alexandria LA 71307-6118
E-mail: bdrell@goldweems.com
About Marcel Contraband Pointe LLC
Marcel Contraband Pointe, LLC owns a single property of land in
Contraband Pointe, Calcasieu Parish, Louisiana, valued at $17.88
million.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. La. Case No. 25-20568) on November 7,
2025, with $17,880,860 in assets and $21,618,253 in liabilities.
Vernon M. Veldekens, president, signed the petition.
Judge John W. Kolwe presides over the case.
Bradley L. Drell, at GOLD, WEEMS, BRUSER, SUES & RUNDELL, A PLC, is
the Debtor's legal counsel.
MARELLI AUTOMOTIVE: Seeks Court OK for $32.5MM Executive Bonuses
----------------------------------------------------------------
James Nani of Bloomberg Law reports that auto parts maker Marelli
Automotive Lighting USA LLC is asking a bankruptcy judge to approve
up to $32.5 million in incentive bonuses for senior executives next
year. The proposal would allow the company to pay performance-based
bonuses to 12 executives if certain benchmarks are met, according
to a December 19, 2025 filing in the U.S. Bankruptcy Court for the
District of Delaware.
The Saitama, Japan-based company is also seeking approval to award
up to $87.3 million in bonuses to retain roughly 13,400 non-insider
employees. Marelli said the incentive programs are intended to
stabilize operations and retain key personnel during its
restructuring, the report states.
About Marelli Automotive Lighting USA
Marelli Automotive Lighting USA, LLC is a global automotive parts
supplier based in Saitama, Japan. The company designs and
manufactures advanced technologies for leading automakers,
including lighting systems, electronic components, software
solutions, and interior products. Operating in 24 countries with a
workforce of over 46,000, Marelli also collaborates with
motorsports teams and industry partners on high-performance
component development.
Marelli and its affiliates sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Del. Lead Case No. 25-11034) on
June 11. 2025. In its petition, Marelli reported between $1 billion
and $10 billion in assets and liabilities.
Judge Craig T. Goldblatt handles the cases.
The Debtors are represented by Kirkland & Ellis LLP, Kirkland &
Ellis International LLP, and Pachulski Stang Ziehl & Jones LLP.
Alvarez & Marsal North America, LLC is the Debtors' restructuring
advisor. PJT Partners Inc. is the Debtors' investment banker.
Kurtzman Carson Consultants, LLC, doing business as Verita Global,
is the Debtors' notice and claims agent.
The U.S. Trustee for Region 3 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases. The
committee tapped Paul Hastings, LLP and Morris James, LLP as legal
counsel and FTI Consulting, Inc. as its financial advisor.
MCCALLSON TAX: U.S. Trustee Unable to Appoint Committee
-------------------------------------------------------
The U.S. Trustee for Region 20 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of McCallson Tax & Accounting, LLC.
About McCallson Tax & Accounting LLC
McCallson Tax & Accounting, LLC sought protection under Chapter 11
of the U.S. Bankruptcy Code (Bankr. D. Kan. Case No. 25-21728) on
November 24, 2025. In the petition signed by Lori McCallson,
member, the Debtor disclosed up to $500,000 in assets and up to $1
million in liabilities.
Judge Dale L. Somers oversees the case.
Colin N. Gotham, Esq., at Evans & Mullinix, P.A., represents the
Debtor as legal counsel.
MEDICAL MANAGEMENT: U.S. Trustee Appoints Melanie McNeil as PCO
---------------------------------------------------------------
Guy Van Baalen, the Acting U.S. Trustee for Region 21, appointed
Melanie McNeil as patient care ombudsman for Medical Management
Health and Rehab Center, LLC.
To the best of her knowledge, Ms. McNeil has no connections with
the Debtor, creditors, any other parties in interest, their
respective attorneys and accountants, the U.S. Trustee, and persons
employed in the Office of the U.S. Trustee, except as set forth in
her verified statement.
The ombudsman may be reached at:
Melanie S. McNeil, Esq.
State Long-Term Care Ombudsman
Office of the State Long-Term Care Ombudsman
Georgia Department of Human Services
47 Trinity Avenue, S.W. Room 1136
Atlanta, GA 30334
Melanie.McNeil@osltco.ga.gov
About Medical Management Health and Rehab Center
Medical Management Health and Rehab Center, LLC, registered in
Bolingbroke, Georgia, operates a skilled nursing facility in Macon,
Georgia, providing long-term care, short-term rehabilitation, and
skilled nursing services. The Company is Medicare and Medicaid
certified and maintains approximately 100 licensed beds.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Ga. Case No. 25-52007) on December 15,
2025, with $500,000 to $1 million in assets and $1 million to $10
million in liabilities. Michael E. Winget, Sr., manager, signed the
petition.
Wesley J. Boyer, Esq. at BOYER TERRY LLC represents the Debtor as
legal counsel.
METHANEX CORP: Fitch Affirms 'BB+' IDR, Outlook Stable
------------------------------------------------------
Fitch Ratings has affirmed the Long-Term Issuer Default Ratings of
Methanex Corporation and Methanex US Operations Inc. (collectively,
Methanex) at 'BB+'. Fitch has also affirmed Methanex's senior
unsecured rating at 'BB+' with a Recovery Rating of 'RR4'. The
Rating Outlook is Stable.
The ratings reflect Methanex's position as one of the largest
global suppliers of methanol, with a global distribution network
and around 10.7 million metric tonnes (MT) of nameplate methanol
and ammonia production capacity. The ratings also reflect its
low-cost production, solid historical FCF and balanced capital
allocation.
Leverage is somewhat elevated following Methanex's purchase of OCI
N.V.'s methanol assets. Fitch expects the company will prioritize
debt reduction, with leverage returning to sensitivities by 2027.
The rating also incorporates the volatility of methanol prices and
the cost of maintaining shipping and storage facilities.
The Stable Outlook reflects a stable demand environment, with
realized prices sufficient to support debt reduction.
Key Rating Drivers
Temporarily Elevated Leverage: Fitch expects Methanex's EBITDA
leverage will temporarily exceed the 3.5x downgrade threshold
following the close of the OCI acquisition. Fitch believes Methanex
can manage this leverage in a mid-cycle price environment and will
focus on debt reduction post-acquisition. The company has a track
record of debt reduction, including repayment of its $300 million
unsecured tranche in December 2024 and a $125 million paydown of
its term loans through September 2025.
FCF Generation: Methanex consistently generates positive FCF across
various price cycles. Fitch believes the company's low-cost
production and management's past willingness to reduce dividends in
difficult operating environments support its FCF profile. Fitch
expects Methanex's capex needs will stay closer to maintenance
levels, as no material expansion projects are currently underway,
thereby underpinning solid FCF and additional capacity for debt
repayment.
Gas Supply Supports Low-Cost Production: Methanex primarily relies
on natural gas as its main feedstock and largest expense. The
company's North American plants benefit from access to low cost,
abundant, well-hedged gas. The OCI acquisition further enhances
this cost profile. Methanex's plants outside North America have
credit-friendly contract structures that include a low initial
fixed gas price, and a variable component shared between Methanex
and the gas supplier as methanol prices rise or fall. This
countercyclical structure lowers the company's costs during
down-cycles.
Added Scale and Diversification: The recently closed OCI
acquisition provides additional methanol production capacity and
increased access to low-cost, reliable North American natural gas
feedstock, substantially reducing intermittent supply risk in other
regions. The acquisition increases production capacity by around
20% and leverages Methanex's existing logistics and marketing
network, further supporting those efforts. It also introduces
ammonia production and exposure to agricultural and industrial
end-uses.
Supportive Demand: Methanol demand is increasingly driven by energy
applications, including MTO plants, gasoline blendstocks (MTBE),
vehicle fuel in China, bunker fuel substitutes, and industrial
boiler fuel. Growing interest in maritime fuel from new dual fuel
vessel orders and retrofits further supports demand, mitigating
some methanol price volatility, tied to natural gas and oil
prices.
Peer Analysis
Methanex exhibits higher cash flow volatility compared to peers
such as Celanese Corp (BB+/Negative), Olin Corporation
(BBB-/Stable) and Solstice Advanced Materials, LLC (BB+/Positive).
Its concentration in methanol makes it less diversified than those
peers as well.
By contrast, Methanex has greater scale and less volatility than
Consolidated Energy Limited (CEL; B+/Stable), due to its smaller
relative presence in gas-challenged Trinidad and greater relative
North America operating focus. Both Methanex and CEL have pursued
expansion opportunities. Methanex completed its G3 plant expansion
and acquiring methanol and ammonia assets from OCI, while CEL
acquired a majority stake in Oman Methanol Company.
Methanex's year-end (YE) 2024 EBITDA leverage of 3.7x compares
favorably to peer CEL's. Fitch anticipates that Methanex's leverage
will decline to about 3.1x at YE 2027 as the company pays down debt
and methanol prices are forecast at a midcycle $350/MT. In
contrast, Fitch expects CEL's EBITDA leverage to improve but remain
elevated through 2027.
Fitch’s Key Rating-Case Assumptions
-- Methanol prices of about $350/MT beginning in 2026 and over the
forecast period;
-- Fitch does not anticipate any major capacity expansions over the
forecast period, and capex is largely at maintenance levels;
-- Dividends remain largely stable;
-- Fitch assumes Methanex uses FCF for debt reduction until gross
leverage approaches 3x; the company applies FCF to both additional
debt reduction and share repurchases in a balanced manner
thereafter.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
-- Mid-cycle EBITDA leverage durably above 3.5x;
-- Heightened acquisition activity that is largely debt-financed;
-- Structurally lower methanol prices, potentially caused by
industry overexpansion and/or weaker than forecast demand;
-- Change in capital allocation that prioritizes shareholder
returns over debt reduction.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
-- Mid-cycle EBITDA leverage sustained below 2.5x;
-- Additional product diversification, potentially from further
exposure to ammonia.
Liquidity and Debt Structure
As of Q3 2025, Methanex had $413 million in cash and full access to
its $600 million revolving credit facilities. Fitch expects
Methanex will continue to pay down its term debt over the next
several years. The company's term loans mature in 2028 and 2029,
respectively and Methanex has begun prepaying the related principal
outstanding. In addition to its term loan maturities, Methanex has
two bond tranches that mature in 2027 and 2029, respectively. Fitch
expects that Methanex will be able to refinance these notes ahead
of their stated maturities.
Issuer Profile
Methanex is the world's largest methanol supplier, with 10.7
million metric tons of nameplate methanol and ammonia production
capacity across New Zealand, the U.S., Trinidad, Egypt, Canada, and
Chile. It benefits from cheap/stranded natural gas feedstocks and
advantageous contract structures.
RATINGS ACTION
Rating Prior
------ -----
Methanex Corp.
LT IDR BB+ Affirmed BB+
senior unsecured LT BB+ Affirmed RR4 BB+
Methanex US Operations Inc.
LT IDR BB+ Affirmed BB+
senior unsecured LT BB+ Affirmed RR4 BB+
MIM LANDSCAPE: U.S. Trustee Unable to Appoint Committee
-------------------------------------------------------
The U.S. Trustee for Region 10 disclosed in a court filing that no
official committee of unsecured creditors has been appointed in the
Chapter 11 case of MIM Landscape Division, LLC.
About MIM Landscape Division LLC
MIM Landscape Division, LLC, doing business as McCammons Irish
Market, LLC, operates garden-center and landscape service locations
in Greenwood and Brownsburg where it provides landscape services
including tree installation. The company sells plants, trees,
shrubs, and a range of gardening products to retail and
project-based customers.
MIM Landscape Division sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Ind. Case No. 25-07218) on
November 24, 2025, listing between $1 million and $10 million in
assets and liabilities. Garold Ward, chief executive officer of
MIM Landscape Division, signed the petition.
Judge Andrea K. McCord oversees the case.
Preeti (Nita) Gupta, Esq., at the Law Office of Nita Gupta,
represents the Debtor as legal counsel.
MOSAIC MENTAL: Gets Interim OK to Use Cash Collateral
-----------------------------------------------------
Mosaic Mental Health, PLLC received interim approval from the U.S.
Bankruptcy Court for the Southern District of Texas, Houston
Division, to use cash collateral.
The court authorized the Debtor to use cash collateral, including
ordinary-course revenues, through January 23, 2026, strictly in
accordance with its budget. The order allows payment of budgeted
expenses due before the final hearing.
The Debtor's 30-day budget projects total operational expenses of
$79,427.98.
As adequate protection, secured creditors with interest in the cash
collateral will be granted replacement liens on cash collateral and
post-petition acquired property, maintaining the same priority held
as of the petition date. These replacement liens do not apply to
Chapter 5 causes of action.
The order includes a carveout subordinating secured creditors'
liens to payment of certain administrative expenses, including
court fees, U.S. Trustee fees, trustee expenses up to $15,000, and
approved fees of the Subchapter V trustee and the Debtor's counsel.
The Debtor's banks, including PNC Bank, were authorized to continue
ordinary-course banking functions, honor certain pre-petition
transactions, and rely on the Debtor's representations without
liability.
The authorization to use cash collateral will automatically
terminate upon dismissal or conversion of the Debtor's Chapter 11
case, appointment of a trustee, expiration of the interim period,
or material breach of the budget.
A final hearing is scheduled for January 23, 2026.
The Debtor was formed in 2021 and operates a multi-state outpatient
psychiatric and counseling practice.
The Debtor identifies several creditors asserting security
interests in the Debtor's cash and accounts based on UCC filings
with the Texas Secretary of State. Secured Lender
Solutions/Fintegra is listed as the first-priority secured
creditor, holding a blanket lien on all assets and a disputed
secured claim of approximately $62,000, which the Debtor
acknowledges is fully secured given the scheduled asset value of
$67,089. CFG Merchant Solutions is listed as a second-priority
secured creditor with a disputed claim of approximately $98,000,
secured only up to about $5,089, with the balance undersecured. A
third alleged secured creditor filed a blanket lien anonymously
through an agent, and its identity remains unknown at this stage.
About Mosaic Mental Health, PLLC
Mosaic Mental Health, PLLC operates a multi-state outpatient
psychiatric and counseling practice.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-37534) on December
11, 2025. In the petition signed by Elizabeth Macshadiya, owner,
the Debtor disclosed up to $100,000 in assets and up to $500,000 in
liabilities.
Judge Eduardo V. Rodriguez oversees the case.
Robert C Lane, Esq., at The Lane Law Firm, represents the Debtor as
legal counsel.
MOUNTAIN REGIONAL: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------------
Debtor: Mountain Regional Equipment Solutions LLC
f/d/b/a Mountain Regional Equipment Solutions, Inc.
d/b/a MRES Hawk Supply
3255 W 500 S
Salt Lake City, UT 84104
Business Description: Mountain Regional Equipment Solutions LLC
supplies and services automated lubrication
systems, safety systems, and maintenance
products used in heavy mobile equipment and
industrial machinery. The Company serves
customers across construction, mining,
transportation, agriculture, and industrial
markets, with operations based in Salt Lake
City, Utah.
Chapter 11 Petition Date: December 19, 2025
Court: United States Bankruptcy Court
District of Utah
Case No.: 25-27678
Debtor's Counsel: Jeffrey L. Trousdale, Esq.
COHNE KINGHORN, P.C.
111 E. Broadway, 11th Floor
Salt Lake City, UT 84111
Tel: 801-363-4300
E-mail: jtrousdale@ck.law
AND
JONES & WALDEN, LLC
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Todd Miceli as manager.
A copy of the Debtor's list of 20 largest unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/7MUHYNY/Mountain_Regional_Equipment_Solutions__utbke-25-27678__0002.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/7DNAUBI/Mountain_Regional_Equipment_Solutions__utbke-25-27678__0001.0.pdf?mcid=tGE4TAMA
MRES HOLDINGS: Case Summary & Six Unsecured Creditors
-----------------------------------------------------
Debtor: MRES Holdings, LLC
FDBA MRES Holdings, Inc.
3255 W 500 S
Salt Lake City, UT 84104
Business Description: MRES Holdings, LLC supplies automated
lubrication systems, safety systems, and
maintenance products used in heavy mobile
equipment operations.
Chapter 11 Petition Date: December 19, 2025
Court: United States Bankruptcy Court
District of Utah
Case No.: 25-27680
Debtor's Counsel: Jeffrey L. Trousdale, Esq.
COHNE KINGHORN, P.C.
111 E. Broadway, 11th Floor
Salt Lake City, UT 84111
Tel: 801-363-4300
E-mail: jtrousdale@ck.law
AND
JONES & WALDEN LLC
Estimated Assets: $50,000 to $100,000
Estimated Liabilities: $10 million to $10 million
The petition was signed by Todd Miceli as manager.
A copy of the Debtor's six unsecured creditors is available for
free at PacerMonitor at:
https://www.pacermonitor.com/view/2AUHBDI/MRES_Holdings_LLC__utbke-25-27680__0002.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/2GLNGBI/MRES_Holdings_LLC__utbke-25-27680__0001.0.pdf?mcid=tGE4TAMA
NORTH COUNTRY: Case Summary & 20 Largest Unsecured Creditors
------------------------------------------------------------
Debtor: North Country Healthcare, Inc.
2920 N. 4th Street
Flagstaff, AZ 86004
Business Description: North Country HealthCare is a federally
qualified community health center that
provides comprehensive primary and
preventive healthcare services, including
medical, dental, behavioral health, and
specialty care, to patients across Northern
Arizona. The organization operates clinics
in 11 communities along the I-40 corridor
and surrounding rural and underserved areas,
offering services such as family medicine,
pediatrics, obstetrics and gynecology,
telemedicine, and health screenings.
Founded in 1991 as the Flagstaff Community
Free Clinic, it has since expanded into the
region's primary community health center and
also supports education and clinical
training for healthcare students.
Chapter 11 Petition Date: December 19, 2025
Court: United States Bankruptcy Court
District of Arizona
Case No.: 25-12293
Judge: Hon. Daniel P. Collins
Debtor's Counsel: Philip J. Giles, Esq.
ALLEN, JONES & GILES, PLC
1850 N. Central Avenue, Suite 1025
Phoenix, AZ 85004
Tel: 602-256-6000
Fax: 602-252-4712
E-mail: pgiles@bkfirmaz.com
Total Assets: $49,125,570
Total Liabilities: $19,223,852
The petition was signed by Anne Newland as CEO.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/UE73HMQ/NORTH_COUNTRY_HEALTHCARE_INC__azbke-25-12293__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. National Alliance Self-Insurance $1,500,000
1628 Browning Road Claims
Columbia, SC 29226
2. McKesson Medical-Surgical Inc. Vendor Debt $1,494,940
P.O. Box 51020
Los Angeles, CA
90051-5320
3. Ascend Management Inc. Vendor Debt $509,000
P.O. Box 8181
Carol Stream, IL
60197-8181
4. AB Staffing Solutions Vendor Debt $357,741
3451 S. Mercy Road,
Suite 102
Gilbert, AZ 85297
5. VVC Holding LLC Vendor Debt $325,082
P.O. Box 840952
Dallas, TX
75284-0952
6. Life Insurance Vendor Debt $202,415
Company of North America
P.O. Box 782447
Philadelphia, PA
19178-2447
7. True North ITG, Inc. Vendor Debt $189,629
16504 9th Avenue
SE, Suite 203
Bothell, WA 98012
8. Sanofi Pasteur, Inc. Vendor Debt $164,339
12458 Collections
Center Drive
Chicago, IL 60693
9. ASD Healthcare Vendor Debt $163,152
Amerisource Bergen
P.O. Box 100741
Pasadena, CA
91189-0741
10. JPMorgan Chase Bank NA Credit Card $157,427
P.O. Box 15918
Mail Suite
DE11-1404
Wilmington, DE 19850
11. Patterson Dental Vendor Debt $149,128
Supply, Inc.
P.O. Box 732865
Dallas, TX 75373
12. All Medical Personnel Vendor Debt $138,812
P.O. Box 931896
Atlanta, GA
31196-3189
13. Cardinal Health Vendor Debt $124,664
7000 Cardinal Place
Dublin, OH 43017
14. Priority Healthcare Dist Vendor Debt $104,291
dba CuraScript SD
P.O. Box 978510
Dallas, TX
75397-8510
15. Nuvem Vendor Debt $98,504
P.O. Box 8067
Carol Stream, IL
60197-8067
16. Entisys360 Vendor Debt $85,375
P.O. Box 889426
Los Angeles, CA
90088-9426
17. The Vitality Group LLC Vendor Debt $80,190
062278 Collections
Center Drive
Chicago, IL
60693-0622
18. Mountain Fresh Cleaning Vendor Debt $77,905
3249 W. Lois Lane
Flagstaff, AZ 86001
19. Proper Connections Vendor Debt $75,000
P.O. Box 888
Pine Plains, NY 12567
20. ENA Healthcare Vendor Debt $57,732
Services, LLC
P.O. Box 201431
Dallas, TX
75320-1431
NORTHEAST GROCERY: Fitch Affirms B+ IDR & Alters Outlook to Stable
------------------------------------------------------------------
Fitch Ratings has affirmed the Long-Term Issuer Default Rating
(IDR) for Northeast Grocery, Inc. and its subsidiaries, The Golub
Corporation and Tops Market Corporation at 'B+'. Fitch also
affirmed the company's ABL and secured term loan at 'BB+' with a
Recovery Rating (RR) of 'RR1'. The Rating Outlook has been revised
to Stable from Negative.
Northeast Grocery's ratings reflect its moderate scale. However,
despite good market share in key markets, the company's size leaves
it somewhat vulnerable to increased competition from national-scale
players. These factors are mitigated by the company's good local
positioning and merger-driven synergies, which support EBITDA.
The Outlook revision reflects the company's stabilizing results in
recent quarters, including positive sales growth, stable to
improving EBITDA, and positive FCF. Fitch expects modest growth in
sales and EBITDA from current levels over time, yielding positive
FCF and EBITDAR leverage below 4.5x.
Key Rating Drivers
Stabilizing Results: Northeast Grocery's EBITDA has recently
stabilized, with LTM 2Q25 (ending Oct. 11, 2025) EBITDA close to
$240 million following a decline to about $225 million in the LTM
2Q24 from about $290 million in 2022 (the fiscal year ending April
2023). The company has implemented initiatives to improve both
topline and margins as part of its strategy to combat industry
competitors and relieve cost pressures in key areas like product
inflation and labor. The company's modestly positive sales and
margin trends in recent quarters suggest some success in execution
of these initiatives.
Northeast Grocery's improving EBITDA supports Fitch's forecast of
FCF in the $80 million to $100 million range after capex near $80
million. Positive FCF allows the company to continue business
reinvestment while repaying debt, including about $40 million of
annual amortization.
Small Scale: Northeast Grocery's rating is constrained by its
moderate size, with around 275 stores and $6.7 billion in revenue
across six states, primarily New York. This compares to U.S.
grocery revenue close to $250 billion for direct competitors,
Walmart, Inc. (AA/Stable) excluding Sam's Club, and around $60
billion for Ahold Delhaize N.V. The company is also significantly
smaller than national peers such as The Kroger Company, with nearly
$150 billion in revenue, and Albertsons Companies, with over $75
billion in revenue, although neither of these companies materially
compete directly with Northeast Grocery.
Food retailers with meaningful scale have better negotiating
positions with inventory suppliers and other vendors and more
capital to invest in market-share-driving initiatives like healthy
and updated physical infrastructure, robust omnichannel models, and
marketing. Northeast Grocery's predecessor entity underwent a
bankruptcy in 2018, citing scale disadvantages relative to larger
players for sourcing desired merchandise and vendor pricing.
Northeast Grocery's geographically concentrated position also
leaves it vulnerable to regional activity, including economic
swings or weather events.
Good Local Market Positioning: Despite its smaller scale, Northeast
Grocery has good local market positions, which Fitch views as a
credit positive. Its Tops Markets, Price Chopper and Market 32
banners have fortified their leading local positions with a good
mix of national and private brands, reasonable pricing and digital
investments. On a pro forma basis, the company's efforts led to
stable, albeit stagnant, revenue of around $5.9 billion for the
three years prior to the pandemic, accelerating to $6.7 billion in
2022 due to consumer behavior shifts and inflation. The company's
execution has also led to good customer stickiness, with loyalty
program members generating over 80% of sales.
Limited Local Market Entry: Northeast Grocery has paradoxically
benefited from the challenges of market entry in the Northeast
region, which has somewhat limited new competition and kept it
relatively fragmented. While the company competes with Walmart,
Ahold banners, and strong regional grocers like Wegmans Food
Markets, Inc., it has thus far avoided significant direct
competition from Kroger and Albertsons, which have focused their
expansion and M&A activity elsewhere. However, the company's
top-line challenges in 2024 underscore the highly competitive
nature of the grocery market.
Leverage Around High-3.0x: The company's EBITDAR leverage was in
the 4.0x-4.1x range over the past two years, with debt repayment
somewhat offsetting EBITDA declines. Fitch projects EBITDAR
leverage in the high-3x range beginning in 2025, given some EBITDA
growth and modest debt repayment. Fitch projects EBITDAR
fixed-charge coverage in the high-1x range. The company is
targeting gross leverage at or below 2.0x, which roughly equates to
Fitch-defined EBITDAR leverage in the mid-3x. While Fitch views
this target as aspirational in the near term, the company has
reasonable rating headroom.
Parent-Subsidiary Linkage: Fitch's analysis includes a strong
subsidiary/weak parent approach between the parent, Northeast
Grocery, and its two subsidiaries, Tops Market Corporation
(B+/Stable) and The Golub Corporation (B+/Stable), both of which
have been affirmed at 'B+' with Outlooks revised to Stable from
Negative. Fitch assesses the quality of the overall linkage as
high, which results in an equalization of IDRs across the capital
structure; consequently, the subsidiaries are rated in line with
the parent.
Peer Analysis
Northeast Grocery's 'B+' rating reflects the company's modest scale
and footprint relative to peers, somewhat offset by its good local
market share positions and synergy benefits from the recent merger
of the Tops and Price Chopper/Market 32 banners. The rating assumes
EBITDAR leverage trends below 4.5x.
Northeast Grocery's rating compares to its highly rated food retail
peers, Walmart and Target Corporation (Target; A/Negative), which
have meaningfully larger scale; national —and in Walmart's case,
international— presence; strong relationships with counterparties
like product manufacturers; and the ability to invest billions of
dollars in capital into revenue-driving initiatives across physical
and digital platforms. Ratings for these food retail leaders
incorporate expectations of EBITDAR leverage well below that of
Northeast Grocery, in the low-2x range for Walmart and close to 2x
for Target.
Other Fitch-rated retailers in the 'B' category include Wayfair
Inc. (B/Positive). Wayfair competes in the discretionary furniture
and home furnishings markets, which are susceptible to greater
economic swings than Northeast Grocery's market segment.
Wayfair is successfully capitalizing on consumer spending habits,
which increasingly favor the online channel. From a rating
standpoint, this is offset by Wayfair's leverage profile, which is
higher than that of Northeast Grocery.
Fitch’s Key Rating-Case Assumptions
-- Revenue for 2025 (ending April 2026) of approximately $6.8
billion, modestly above its $6.7 billion in 2024, largely due to
product inflation. The company's topline has been somewhat erratic
in recent years, given significant product inflation and consumer
traffic shifts to lower-cost providers. Beginning in 2026, revenue
could grow by 1% to 2% annually, assuming modest growth in the
underlying food retail segment and flattish store count at around
275 stores;
-- EBITDA in 2025 in the $245 million range, around 10% above 2024
results, albeit about 15% below the 2022 peak. EBITDA in 2025
should benefit from improving topline momentum and efforts to
reduce costs, including ongoing synergy achievements following the
Price Chopper/Tops merger. Fitch expects modest EBITDA growth in
2026, tracking with revenue expansion. Margins, which have declined
to the mid-3% range from the low-4% range in 2022, could stabilize
around 3.7%;
-- FCF, which improved to about $45 million in 2024 from
essentially breakeven in 2023 despite some EBITDA contraction,
could improve further to the $80 million to $100 million range
annually beginning 2025. The projected improvement is the result of
improving EBITDA, lower restructuring expenses and reduced working
capital swings. Fitch projects the company will use FCF to support
required term loan amortization of about $40 million annually and
business reinvestment;
-- EBITDAR leverage was 4.1x in 2024 and Fitch projects a downtick
in 2025 to about 3.8x given EBITDA improvement and some debt
repayment. EBITDAR leverage could modestly decline beginning in
2026 assuming some EBITDA growth and required term loan
amortization. EBITDAR fixed-charge coverage could trend in the 1.8x
to 2.0x range;
-- Northeast Grocery's ABL and term loan have variable rate
structures. Fitch assumes 3.5% to 4.5% SOFR base rates over the
forecast horizon, given the higher interest rate environment.
Recovery Analysis
Fitch's recovery analysis assumes Northeast Grocery is maximized as
a going concern in a post-default scenario, with a going-concern
valuation of approximately $1 billion, compared with around $600
million in value from a liquidation of assets.
Fitch's going-concern value is derived from a projected EBITDA of
around $200 million. The scenario incorporates revenue of
approximately $5.4 billion, about 20% below the company's current
revenue run rate, assuming the closing of around 25 lower-revenue
stores and a sales decline of around 10% at the remaining base.
EBITDA margins could trend around 3.7% in a recovery scenario,
similar to Fitch's forecast.
A going-concern multiple of 4.5x was selected, at the lower end of
the 4.0x to 8.0x range observed for North American corporates and
the 4.0x to 6.0x observed for North American retailers, given
traditionally lower exit multiples achieved in the food retail
space. For example, Tops Market exited its 2018 bankruptcy at an
approximately 4.2x multiple. Fitch's projected multiple of 4.5x is
slightly higher given the company's greater scale following the
2021 merger with Price Chopper/Market 32, and better EBITDA and FCF
conversion following cost synergy achievement.
The approximately $800 million in value available to service debt,
after deducting 10% for administrative claims, yields full recovery
for the $345 million ABL, which is limited by a borrowing base
including eligible inventory, pharmaceutical prescription files and
receivables. It is assumed to be 70% drawn at default, along with
the $25 million FILO tranche, which is assumed to be fully drawn.
The ABL, which is co-borrowed by The Golub Corporation and Tops
Market Corporation, is therefore affirmed at 'BB+'/'RR1'.
The $488 million of senior secured term loan, which has a second
lien on ABL collateral and a first lien on Northeast Grocery's
remaining assets, is expected to have outstanding recovery
prospects and is therefore affirmed at 'BB+'/'RR1'.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
-- A downgrade could result from total EBITDAR leverage sustained
above 4.5x and/or EBITDAR Fixed Charge Coverage sustained close to
1.5x on lower-than-expected operating results or debt-financed
shareholder-friendly activity;
-- Breakeven FCF would also be a rating concern.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
-- Upward rating action is constrained by Northeast Grocery's
EBITDA scale and its geographical concentration in a highly
competitive region;
-- An upgrade could result from significant expansion leading to
EBITDA close to $500 million or EBITDAR near $750 million, while
maintaining EBITDAR leverage below 4.0x.
Liquidity and Debt Structure
As of Oct.11, 2025, Northeast Grocery had $41 million of cash and
equivalents and $152 million of availability on its $370 million
ABL revolving credit facility, including the $25 million FILO
tranche, due July 2030. This is after accounting for the $138
million outstanding balance on the revolving credit facility, the
full $25 million outstanding on the FILO tranche and $32 million of
LC outstanding. Availability on the ABL revolving credit facility
is based on a borrowing base whose collateral includes certain
inventory, receivables and pharmaceutical prescription files.
Aside from the ABL, as of Oct. 11, 2025, the company's debt
consisted of its $488 million senior secured term loan due December
2028. The term loan has a second priority on ABL collateral and a
first lien on remaining assets. Term loan amortization is
approximately $40 million annually.
Issuer Profile
Northeast Grocery, Inc. operates approximately 275 grocery-focused
stores, primarily in New York state, under the Tops, Price Chopper,
and Market 32 brands. The company generates approximately $6.7
billion in revenue and holds leading shares in most of its primary
local markets.
NORTHEAST OHIO: Co., Lender Ask Court to Pause Receivership
-----------------------------------------------------------
Signal Cleveland reports that efforts are underway to reach a
settlement between a nonprofit operating community health center on
Cleveland's East Side and a lender that pushed for court-appointed
oversight of Northeast Ohio Neighborhood Health Services Inc.
The legal battle began this spring when All Pro Capital sued NEON
in federal court, claiming the nonprofit defaulted on an $11
million loan. The lender alleged NEON owed at least $8.8 million
and had failed to make payments for seven months, according to
report.
U.S. District Judge Christopher Boyko appointed John K. Lane of
Inglewood Associates as receiver in November, prompting NEON to
seek a pause while it explored new financing options. The nonprofit
argued a receivership would disrupt patient care, but its appeal
was denied. This week, however, both sides asked the court to delay
placing the receiver in charge as negotiations continue, a request
the judge granted with conditions allowing All Pro Capital to
revisit the issue, the report states.
About Northeast Ohio Neighborhood Health Services(NEON)
Northeast Ohio Neighborhood Health Services, commonly known as
NEON, is a nonprofit that offers medical services to patients
regardless of their ability to pay.
The receivership stems from NEON's default on an $11 million loan
issued by All Pro Capital, which sued earlier in 2025 after
alleging the nonprofit failed to meet its repayment obligations.
Judge Christopher Boyko ruled that NEON's outstanding debt and lack
of a repayment plan outweighed concerns about community impact. He
also cited NEON's prior consent to receivership in its loan
agreement and noted a recent filing from the Ohio Attorney General
accusing the nonprofit of withholding business records. The court
appointed John Lane of Inglewood Associates as receiver.
OAK RIVER HEALTHCARE: Seeks Chapter 7 Bankruptcy in Texas
---------------------------------------------------------
On December 16, 2025, Oak River Healthcare Services Inc. filed for
Chapter 7 protection in the U.S. Bankruptcy Court for the Southern
District of Texas. According to court filings, the debtor reports
between $100,001 and $1 million in debt owed to between one and 49
creditors.
About Oak River Healthcare Services Inc.
Oak River Healthcare Services Inc. is a privately held healthcare
services company operating in the United States.
Oak River Healthcare Services Inc. sought relief under Chapter 7 of
the U.S. Bankruptcy Code (Bankr. Case No. 25-60112) on December 16,
2025. In its petition, the debtor reports estimated assets of $0 to
$100,000 and estimated liabilities of $100,001 to $1 million.
The case is handled by Honorable Bankruptcy Judge Christopher M.
Lopez.
The debtor is represented by Jerome A. Brown, Esq., of The Brown
Law Firm.
PACER PRINT: Court Extends Cash Collateral Access to July 4
-----------------------------------------------------------
The U.S. Bankruptcy Court for the Central District of California,
Northern Division, granted Pacer Print another extension to use
cash collateral.
The court authorized Pacer Print to use cash collateral during the
interim period from January 4, 2026 through July 4, 2026, in
accordance with a weekly operating budget covering January 2026
through early July 2026, with variances of 15% for expenses over
$2,000 and 20% for expenses under $2,000.
Secured creditors, including the U.S. Small Business Administration
(SBA) as senior lienholder, are granted adequate protection,
including automatically perfected replacement liens with the same
validity and priority as prepetition liens.
As further protection, SBA will receive a monthly payment of $1,213
beginning in January 2025.
A continued hearing on cash collateral use is scheduled for June
17, 2026.
About Pacer Print
Pacer Print, a company in Simi Valley, Calif., provides custom
packaging and commercial printing services.
Pacer Print filed Chapter 11 petition (Bankr. C.D. Calif. Case No.
25-10187) on February 18, 2025, with up to $10 million in both
assets and liabilities. Peter Varady, managing agent, signed the
petition.
Judge Ronald A. Clifford III oversees the case.
Steven R. Fox, Esq., at the Fox Law Corporation, Inc., represents
the Debtor as bankruptcy counsel.
PALOMAR HEALTH: Fitch Affirms B- IDR, Outlook Negative
------------------------------------------------------
Fitch Ratings has affirmed the following outstanding bonds issued
by Palomar Health, CA at 'B-':
-- Series 2016 and 2017 refunding revenue bonds;
-- Series 2007A, 2009A, 2010A general obligation (GO) bonds;
-- Series 2017 and 2021 issued by California Municipal Finance
Authority on behalf of Palomar Health, and 2022 (taxable), 2022
COPs.
Fitch has also affirmed Palomar's Issuer Default Rating (IDR) at
'B-' and series 2016A & B unlimited tax GO (ULTGO) bonds at 'BB+'.
The Rating Outlook has remains Negative on all series of debt.
RATINGS ACTION
Rating Prior
------ -----
Palomar Health (CA)
LT IDR B- Affirmed B-
Palomar Health (CA)/
General Obligation -
Unlimited Tax -
Dedicated Tax/1 LT LT BB+ Affirmed BB+
Palomar Health (CA)/
General Obligation -
Unlimited Tax/1 LT LT B- Affirmed B-
Palomar Health (CA)/
General Revenues/1LT LT B- Affirmed B-
The 'B-' rating primarily reflects the approval to form a Joint
Powers Authority (JPA) between Palomar Health and the University of
California San Diego Health (UCSDH). Fitch expects the JPA to
provide immediate and long-term financial resources to Palomar, a
stabilizing presence, and eventually expand services in Palomar's
catchment area.
With JPA the approval, UCSDH has committed to extend approximately
$90 million (in the form of a line of credit and potentially
forgivable loans to Palomar), which should support the
organization's very weak unrestricted liquidity position. Palomar
plans to use the funds in part to pay pending debt service
obligations and intergovernmental transfers (IGT) payments in
2025.
Fitch recognizes the JPA still requires final approvals, but views
the significant interim steps favorably and as contributing factors
supporting affirmation at 'B-'. If final approvals are granted over
the next several months, Fitch expects further synergies between
the organizations, a credit positive. Potential synergies include
creating a comprehensive cancer center, building out shelled space
at Palomar's Escondido campus, developing and expanding service
lines, and eventually updating Palomar's electronic medical record
platform.
As of June 30, 2025 (audited), Palomar recorded a large loss from
operations of approximately $171.3 million, which resulted in a
negative 17.3% operating margin, but positive 0.9% operating EBITDA
margin, including tax-supported revenues and expenses. While the
organization's financial performance is still viewed as very weak,
Fitch notes operations have started to improve since fiscal 2024's
low point (operating margin of negative 20.9% and negative
operating EBITDA margin of 3.2%).
Palomar's liquidity position remains a primary credit concern and
fell further from fiscal 2024's balance to approximately $51.1
million in unrestricted cash and investments in fiscal 2025, down
from approximately $85.2 million in 2024. This resulted in a lower
19 days cash on hand, as reported by Palomar, down from 31 days at
FYE. Fitch views Palomar's liquidity position as very low and as an
asymmetric risk to the organization. The district's debt burden
remains very high and debt service coverage for the year-end period
was approximately negative 0.5x.
The affirmation of Palomar's ULTGO bonds at 'BB+' reflects Fitch's
assessment that the pledged revenues for repayment of these bonds
meet the definition of "pledged special revenues" under the U.S.
Bankruptcy Code. As such, the bond's security protections warrant a
rating of up to five notches higher than the district's IDR. The
series 2007A, 2009A and 2010A GO bonds do not have the same special
revenue pledge.
Palomar remains in a one-year period with creditors that expires in
January 2026. Management expects to extend its agreement with
bondholders and reports it is tracking to plan on its financial
turnaround, with an expectation to meet debt service coverage
covenants in fiscal 2026.
The Negative Outlook reflects the persistent and severe challenges
Palomar confronts as management navigates significant financial
stress. Fitch may consider revising the Outlook to Stable over the
next 12-24 months if management succeeds with its strategic and
operational priorities, which ultimately demonstrates improved and
sustained operating performance and unrestricted balance sheet
resources.
Palomar's credit strengths include the district's sizable market
position and new positive relationship with UCSDH, good historical
capital investment in plant, and diverse tax base. The unlimited
nature of the tax levy offsets potential risk regarding tax base
volatility.
SECURITY
The revenue bonds are secured by a gross revenue pledge (excludes
restricted property tax revenues) of the obligated group (OG). The
OG consists of PH's acute care facilities, Palomar Health Medical
Group (PHMG) and other healthcare-related entities. The GO bonds
are secured by unlimited ad valorem taxes (ULT) levied on all
taxable property within the district.
KEY RATING DRIVERS
Revenue Defensibility - 'b'
Weaker Historical Market Position; High Governmental Payor Mix
Palomar's weak revenue defensibility reflects the organization's
dampened historical patient utilization trends and higher
governmental payor mix with Medicare, Medi-Cal and self-pay payors
comprising around 78% of total gross revenues. Fitch views the
organization's overall volume mix, which is now comprised of more
governmental payors, as one factor that has negatively impacted the
organization's historical financial performance.
Palomar's primary competitors are Scripps Health, Sharp HealthCare,
and Kaiser Permanente. The district's market share has declined
over the last several years, while competitors' market positions
have remained stable or improved, which has been a credit concern.
However, the recently announced JPA partnership with University of
California San Diego Health should be a stabilizing force for the
organization, potentially yielding positive results over the longer
term. Fitch views Palomar's healthcare services as essential to
North San Diego County, as the district maintains the only trauma
center, NICU and inpatient behavioral health unit within the county
boundaries. The district serves the communities within an
800-square-mile area, with its trauma center covering more than
2,200 square miles of South Riverside and North San Diego
counties.
Operating Risk - 'b'
Weak & Challenged Financial Performance; Beginnings of Improvement
The weak operating risk assessment reflects the Palomar's severely
challenged financial performance. As of June 30, 2025 (fiscal
year-end), Palomar recorded a significant loss in income from
operations of approximately $171.3 million, which resulted in a
negative 17.3% operating margin, but positive 0.9% operating EBITDA
margin, including tax-supported revenues and expenses.
Through fiscal 2026 (three-months interim), performance has
continued to improve, although still weak, with the organization
posting a negative 7.5% operating margin and positive 8.1%
operating EBITDA margin. Palomar's financial turnaround plan,
largely in place, has already implemented approximately $151
million of various improvements with a total achievable goal of
approximately $236 million in targets over time.
Improvements to both revenue and expenses have included curtailing
expenses through program closures, supply chain restructuring,
executing purchased service department and contract savings,
patient care service lines enhancements, improvements to
productivity, and reducing headcount.
Historical net capex has been satisfactory and average age of plant
is good at 7.7 years. The district's facilities are largely
seismically compliant. Fitch analysts have toured the main facility
in Escondido in 2023 and found the campus as up to date.
Financial Profile - 'b'
High Leverage Position; Very Thin Unrestricted Balance Sheet
Resources
Palomar's weaker financial profile reflects its leveraged debt
position and low unrestricted balance sheet resources. In fiscal
2025, Palomar had approximately $51.1 million of unrestricted cash
and investments (UCI), which was down from $85.2 million of
unrestricted cash and investments in 2024. However, with the JPA
agreement, Palomar will receive about $90 million, which will
primarily be used to support pending debt service obligations and
the organization's intergovernmental transfers (IGT) payments
through 2025.
Upon receipt of IGT revenues, which is anticipated in the early
2026, Fitch anticipates days cash on hand to improve, which would
be meaningful for Palomar, although still very low comparable to
other Fitch's rated entities.
Fitch's forward-looking analysis shows the district's financial
profile metrics remaining challenged for the medium term, but
improving as the financial turnaround plan takes hold. Fitch
expects improvements to deliver positive results, rebuild the
organization's liquidity, and stabilize operations over the medium
term.
Dedicated Tax Key Rating Drivers
The ULTGO bond rating is based on a dedicated tax analysis that
considers the strength and growth prospects of the tax base and the
bonds' legal structure. The bonds' structural elements and security
features are sufficiently strong to warrant a rating up to five
notches above the district's IDR.
The economic resource base supporting the GO debt is diverse,
growing at a healthy pace and has been very stable through the
recent pandemic-related downturn. The unlimited nature of the tax
levy offsets any concern about tax base volatility.
Asymmetric Additional Risk Considerations
Fitch views Palomar's liquidity position as an asymmetric risk to
the organization and is a primary credit concern. At Sept. 30, 2025
(three-months unaudited; fiscal 2026), it had around $31 million in
unrestricted cash and investments, which translated into a very low
11.3 days cash on hand (as reported by Palomar). However, upon
receipt of IGT revenues, which is anticipated in the early portion
of calendar-year 2026, Fitch anticipates days cash on hand to
improve, which would be meaningful for Palomar (albeit still very
low relatively when compared against Fitch's rated entities).
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
-- If Palomar is unable to significantly improve operations that
further pressures the organization's already thin liquidity
position and metrics, which would result in delinquency in paying
vendors and inability to service other key obligations;
-- If management believes the organization will not be able to
achieve its financial turnaround plan, which would mean defaulting
on payments becomes a real possibility;
-- If for any unexpected reason the JPA agreement with the
University of California is not successfully finalized, which would
put a potential further drain on an already very limited resource
base;
-- If Palomar cannot extend its forbearance agreement or reach a
resolution with bondholders (as anticipated by Fitch), the agency
would view this as an immediate rating concern and take negative
rating action.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
-- If operating performance significantly improves and Palomar is
able to demonstrate some operating stability, which would support
unrestricted balance sheet resource stabilization and material
growth.
-- If Palomar is able to successfully finalize and execute a
broader strategic plan that quickly changes and enhances the
organization's financial position such that liquidity improves
beyond anticipated levels (approximately 30-35 days cash on hand).
PROFILE
Palomar Health is California's largest public healthcare district.
It is the largest trauma district in the state, covering 800 square
miles in northern San Diego County. The district owns and operates
two hospitals in northern San Diego County: the 286-bed Palomar
Medical Center Escondido (PMCE, opened in August 2012) and the
95-bed Palomar Medical Center Poway (PMCP, opened in 1977). Palomar
also owns and operates The Villas at Poway, a 129-bed skilled
nursing facility adjacent to PMCP.
Fiscal 2025 (June 30 YE; audited) total revenue was approximately
$990 million, which included approximately $24.4 million of
unrestricted property tax revenues to support operations and $47.8
million of restricted property tax revenues for debt service
payments on the GO bonds.
PARKERVILLE LP: Seeks Chapter 11 Bankruptcy in Texas
----------------------------------------------------
On December 15, 2025, Parkerville, LP, commenced a voluntary
Chapter 11 bankruptcy case in the U.S. Bankruptcy Court for the
Northern District of Texas. Court filings indicate the company owes
between $1 million and $10 million to roughly 1 to 49 creditors.
About Parkerville, LP
Parkerville, LP is a real estate holding company focused on the
ownership and management of property assets.
Parkerville, LP filed for Chapter 11 protection under the U.S.
Bankruptcy Code (Bankr. Case No. 25-44890) on December 15, 2025.
The petition lists assets valued between $1 million and $10
million, with liabilities in the same range.
The case is overseen by Honorable Bankruptcy Judge Mark X. Mullin.
The debtor is represented by Joyce W. Lindauer, Esq., of Joyce W.
Lindauer Attorney, PLLC.
PATRON WESTERN: Seeks Chapter 11 Bankruptcy in Texas
----------------------------------------------------
On December 15, 2025, Patron Western Wear LLC filed for Chapter 11
protection in the U.S. Bankruptcy Court for the Northern District
of Texas. According to court filings, the debtor reports between
$100,001 and $1 million in debt owed to between 1 and 49
creditors.
About Patron Western Wear LLC
Patron Western Wear LLC is a western wear apparel company engaged
in the sale of clothing, footwear, and accessories associated with
western and ranch-style fashion.
Patron Western Wear LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 25-44892) on December 15, 2025. In
its petition, the debtor reported estimated assets ranging from
$100,001 to $1 million and estimated liabilities in the same
range.
Honorable Bankruptcy Judge Mark X. Mullin handles the case.
The debtor is represented by Robert Thomas DeMarco, Esq.
PINT & BEAN: Gets Interim OK to Use Cash Collateral
---------------------------------------------------
Ping & Bean Cafe & Taproom, LLC got the green light from the U.S.
Bankruptcy Court for the Western District of Texas, San Antonio
Division, to use cash collateral.
At the recent hearing, the court authorized the Debtor's interim
use of cash collateral and set a final hearing for January 15,
2026.
Ping & Bean operates a restaurant and bar, offering craft beers,
growlers, crawlers, and specialty pizzas. Access to cash collateral
would allow the Debtor to fund operations in accordance with a
court-approved operating budget, which includes payments to the
U.S. Small Business Administration, the secured creditor.
As adequate protection, the Debtor offers to grant the SBA
replacement liens, matching its pre-bankruptcy priority.
About Ping & Bean Cafe & Taproom LLC
Ping & Bean Cafe & Taproom, LLC sought protection under Chapter 11
of the U.S. Bankruptcy Code (Bankr. W.D. Tex. Case No.
25-52976-cag) on December 9, 2025. In the petition signed by Joseph
O'Hare, managing member, the Debtor disclosed up to $500,000 in
assets and up to $1 million in liabilities.
Judge Craig A. Gargotta oversees the case.
Paul Steven Hacker, Esq., at Hacker Law Firm, PLLC, represents the
Debtor as legal counsel.
PLAINS ALL: Fitch Affirms 'BB+' Rating on Preferred Equity
----------------------------------------------------------
Fitch Ratings has affirmed Plains All American, L.P.'s (Plains)
Long-Term Issuer Default Rating (IDR) and senior unsecured rating
at 'BBB'. Fitch has also affirmed the Short-Term IDR and commercial
paper (CP) rating at 'F2'. The Preferred Equity ratings are
affirmed at 'BB+'. The Rating Outlook is Stable.
Plains' ratings are based on leverage, execution and a measured
approach to growth. Key risks include volume risk associated with
acreage-dedication systems and contract renewal risk for pipelines
with minimum volume commitments in the out years.
The Stable Outlook reflects Fitch's expectation of stable organic
volumes in Plains' largest region and that the company will pay
down a portion of the debt associated with the recent acquisitions,
such that leverage is sustained below 4.0x.
Key Rating Drivers
Large Scale: Plains' ratings reflect benefits from operations
across major U.S. and Canadian crude production areas. The company
also benefits from its presence in substantially all of the inland
and coastal crude oil terminals and interchanges. The company will
divest its sizable NGL processing (and ancillary services) business
in Canada. At the same time, Plains' acquisition of the EPIC
pipeline offers further opportunities for growth in its crude
transportation business.
Plains' largest footprint is located in the Permian Basin. Assets
span the full crude oil midstream value chain for all regions in
which it operates, providing competitive advantages and an ability
to capture incremental revenue for midstream services across its
system. Plains has been a long-time operator in the crude midstream
space, with long-term relationships with most of its customer
base.
Stable Volumes Expected: Fitch expects flat volumes in 2026 from
weaker expected oil prices under Fitch's current price deck.
However, Plains' major area of operations in the prolific Permian
Basin and its diverse asset base position it well for volume
stability. Midstream companies typically commit capex at least 10
months before new wells are planned, and the prior era of
aggressive growth plans led to periodic busts that hurt midstream
companies. Steady growth supports credit quality, and Plains'
oil-volume performance through Sept. 30, 2025 demonstrates this
benefit.
Leverage: Plains' net leverage target is 3.25x to 3.75x (Plains'
and Fitch's calculations are materially similar, except for gross
debt and debt net of cash). The Fitch price deck indicates that oil
prices will face a mild decline in 2026-2027, compared with the
2024-2025 forecast. Despite this, Plains is solidly positioned in
the 'BBB' category. Fitch forecasts EBITDA leverage at 4.3x at YE
2025, improving to about 3.6x at YE 2026.
Optimization: Fitch forecasts that total capex will rise in 2025
and 2026, but only moderately higher than the 2024 levels. At
run-rate capex, Plains produces significant free cash flow (FCF).
Fitch expects discrete capital investments in 2026 to share the
characteristics of 2022-2024: projects that are generally quick to
complete. Many will be bolt-on projects intended to optimize Plains
network.
EPIC Acquisition: Fitch assesses the EPIC pipeline acquisition as
beneficial to the business, providing stronger opportunities in the
growing market for transporting crude from the Permian basin to
Corpus Christi. Following the sale of most of its NGL business, the
company will shift toward a crude-oil pure-play, consistent with
its current strategy.
Peer Analysis
Plains' strategically located assets connect to most critical U.S.
crude demand centers and span all major U.S. oil production basins,
with a strong Permian focus. Plains' ratings reflect the size,
scale and diversity of its asset base.
Like Plains, South Bow Corporation (BBB-/Stable) focuses on oil. It
has a smaller geographic footprint and a less diverse mix of
midstream services. However, South Bow benefits from a very high
percentage of take-or-pay contracts covering its forecast EBITDA.
Fitch rates Plains one notch higher than South Bow, reflecting its
much lower leverage, partially offset by South Bow's stronger
contract-based revenue assurance.
Fitch's Key Rating-Case Assumptions
-- Fitch's oil price deck: For the near-term forecast of the NGL
segment's small share of unhedged, commodity-price-driven
EBITDA, Fitch uses forward strip prices for Mont Belvieu
propane;
-- Crude oil volumes for Plains' gathering assets are flat over
the next two years;
-- Growth investments reflect management's stated intent to apply
disciplined evaluation of growth opportunities;
-- Company uses a portion of the available cash to pay down debt;
-- Distribution grows materially over the forecast period;
-- Fitch Global Economic Outlook regarding interest rates.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
-- EBITDA leverage sustained above 4.0x;
-- A large acquisition that increases overall business risk or
lacks balanced financing across debt, hybrids and common units;
-- A change in the company's recent policy regarding dividend
increases and common unit repurchases.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
-- EBITDA leverage sustained below 3.0x;
-- Although not expected, a significant increase in volumes
covered by long-term minimum volume commitments or long-term
storage rental payments.
Liquidity and Debt Structure
As of Sept. 30, 2025, Plains had over $3.7 billion of available
liquidity. Total cash on the balance sheet was $1.18 billion. The
partnership's secured and unsecured bank facilities had
approximately $2.7 billion of combined availability, with a total
of $70 million in letters of credit outstanding, which Fitch
regards as reductions to bank facility availability.
The company utilized $1.0 billion of cash to redeem its 4.65%
senior notes in October 2025 and borrowed approximately $1.8
billion to finance the EPIC transaction in November 2025.
The maturity of the senior secured hedged inventory facility and
the senior unsecured revolving credit facility are in August 2027
and August 2029, respectively. Fitch expects Plains to repay its
next $750 million senior note maturity due December 2026.
Issuer Profile
Plains is a crude oil-focused midstream company.
Summary of Financial Adjustments
With respect to unconsolidated affiliates, Fitch calculates
midstream energy companies' EBITDA using cash distributions from
those affiliates, rather than equity in earnings of those
affiliates.
Fitch classifies Plains' two preferred securities as having 50%
equity content, in line with its criteria document Corporate
Hybrids Treatment and Notching Criteria.
RATINGS ACTION
Rating Prior
------ -----
Plains All American
Pipeline L.P.
LT IDR BBB Affirmed BBB
ST IDR F2 Affirmed F2
senior unsecured LT BBB Affirmed BBB
preferred LT BB+ Affirmed BB+
senior unsecured ST F2 Affirmed F2
POLAR POWER: Six Key Proposals Approved at Annual Meeting
---------------------------------------------------------
Polar Power, Inc. held its Annual Meeting and the following
proposals were approved at the Annual Meeting by the votes
indicated:
Proposal One: To elect four directors to serve on the Company's
Board of Directors until the next annual meeting of stockholders
and/or until their successors are duly elected and qualified. The
following nominees were elected by the votes indicated to serve as
directors until the next annual meeting of stockholders and/or
until their successors are duly elected and qualified:
1. Arthur D. Sams
* Total Votes for Director: 895,386
* Total Votes Withheld from Director: 8,206
* Total Broker Non-Votes: 643,388
2. Keith Albrecht
* Total Votes for Director: 886,197
* Total Votes Withheld from Director: 17,395
* Total Broker Non-Votes: 643,388
3. Michael Field
* Total Votes for Director: 895,517
* Total Votes Withheld from Director: 8,075
* Total Broker Non-Votes: 643,388
4. Katherine Koster
* Total Votes for Director: 895,509
* Total Votes Withheld from Director: 8,083
* Total Broker Non-Votes: 643,388
Proposal Two: To ratify the appointment of Weinberg & Company,
P.A., as the Company's independent registered public accounting
firm for the year ending December 31, 2025.
* For: 1,510,401
* Against: 33,093
* Abstain: 3,486
* Broker Non-Votes: N/A
Proposal Three: To approve the Polar Power, Inc. 2026 Equity
Incentive Plan.
* For: 862,506
* Against: 40,576
* Abstain: 508
* Broker Non-Votes: 643,390
A copy of the 2026 Plan is available at
https://tinyurl.com/2uxjaje8
Proposal Four: To conduct a non-binding advisory vote to approve
the compensation paid to the Company's named executive officers.
* For: 864,824
* Against: 35,672
* Abstain: 3,094
* Broker Non-Votes: 643,389
Proposal Five: To conduct a non-binding advisory vote to determine
the frequency of the non-binding advisory vote on executive
compensation.
1. One-Year Votes: 837,781
2. Two-Year Votes: 23,363
3. Three-Year Votes: 9,938
4. Abstentions: 32,508
5. Broker Non-Votes: 643,390
Proposal Six: To approve a proposal to grant discretionary
authority to the Chairman of the Annual Meeting to adjourn the
Annual Meeting, if necessary, to solicit additional proxies in the
event that there are not sufficient votes at the time of the Annual
Meeting to approve Proposal Three.
* For: 885,702
* Against: 17,039
* Abstain: 850
* Broker Non-Votes: 643,389
Consistent with the stockholder voting results, the Board of
Directors has determined that the say-on-pay vote will be conducted
annually, until the next stockholder vote on say-on-pay frequency,
which vote will occur no later than the Company's 2026 annual
meeting of stockholders.
About Polar Power, Inc.
Headquartered in Gardena, California, Polar Power, Inc.
--http://www.polarpower.com-- designs, manufactures, and sells DC
power generators, renewable energy and cooling systems for
applications primarily in the telecommunications market and, to a
lesser extent, in other markets, including military, electric
vehicle charging, marine and industrial. The Company is
continuously diversifying its customer base and are selling its
products into non-telecommunication markets and applications at an
increasing rate.
In its report dated March 31, 2025, the Company's auditor Weinberg
& Company, P.A., issued a "going concern" qualification citing that
during the year ended Dec. 31, 2024, the Company incurred a net
loss and incurred negative operating cash flows. These conditions
raise substantial doubt about the Company's ability to continue as
a going concern.
As of September 30, 2025, the Company had $12.3 million in total
assets, $9.4 million in total liabilities, and $2.9 million in
total stockholders' equity.
POSH QUARTERS: To Sell Jacksonville Beach Property to J. & S. Fyfe
------------------------------------------------------------------
Posh Quarters LLC seeks permission from the U.S. Bankruptcy Court
for the Middle District of Florida, Jacksonville Division, to sell
Property, free and clear of liens, claims, interests, and
encumbrances.
The Debtor's Property is located at 624 N 6th Ave Jacksonville
Beach, FL 32250.
The Debtor filed a voluntary petition for relief under Subchapter
V, Chapter 11 of the U.S. Bankruptcy Code.
Aaron Cohen was appointed as the Subchapter V Trustee in the case.
The Debtor is a Florida corporation, wholly owned and managed by
Lisa Mitchell-Adams.
Mrs. Mitchell-Adams formed the Debtor on September 12, 2022. Mrs.
Mitchell-Adams had planned for the Debtor to operate a residential
rental and sale business.
The Debtor has operated the business since 2022 and purchased the
624 N 6TH AVE Property in August of 2023.
The Debtor obtained several secured loans, as well as other
unsecured debt over the course of the business operations for the
past three years. The Debtor filed its Chapter 11 petition as a
result of the inability to continue to service the debt related to
the above obligations.
On December 12, 2025, the Debtor entered into a Purchase and Sale
Agreement with James Fyfe and Sarah Elizabeth Fyfe to sell the 624
N 6TH AVE Property in the gross sales price of $440,000.00. The
property was scheduled to close on December 20, 2025. However the
property closing was delayed and the Debtor was forced to file this
motion due to the inability to obtain consent from the lender in a
timely manner.
The Purchaser has indicated that they are still willing to purchase
the property despite the delay.
Upon information and belief, the current lien balances on the real
property total approximately $425,916.17 as estimated by the
Debtor.
The Debtor will incur $22,000.00 in realtor fees to close the
transaction. With the closing costs associated with the sale of the
property the debtor expects that there will be a small shortfall on
the amount required to pay the lien in full.
The Debtor has determined that a sale of the assets of the company
assets would result in an efficient and cost-effective manner of
disposing of the estate's interest in the assets, while
simultaneously creating a benefit to the bankruptcy estate and
customers of
the Debtor.
The Purchaser is an uninterested third-party and does not have any
relationship with the Debtor or any estate professionals.
About Posh Quarters
Posh Quarters, LLC filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-02748) on
August 8, 2025, with $1,178,812 in assets and $1,639,809 in
liabilities. Lisa Adams, manager, signed the petition.
Judge Jason A. Burgess presides over the case.
Bryan K. Mickler, Esq., at the Law Offices of Mickler & Mickler,
LLP represents the Debtor as bankruptcy counsel.
RAZAGHI DEVELOPMENT: Case Summary & 10 Unsecured Creditors
----------------------------------------------------------
Debtor: Razaghi Development Company, LLC
DBA Razaghi Healthcare
13835 North Tatum Boulevard
#9-221
Phoenix, AZ 85032
Business Description: Razaghi Development Company, doing business
as Razaghi Healthcare, provides consulting,
development, and operational services to
Native Nations, specializing in the creation
and management of healthcare systems. The
Company offers expertise in P.L. 93-638
Indian Self-Determination contracting,
healthcare facility planning, design and
construction management, medical equipment
procurement, licensing, accreditation
preparation, and capital financing.
Chapter 11 Petition Date: December 19, 2025
Court: United States Bankruptcy Court
District of Arizona
Case No.: 25-12300
Debtor's Counsel: Mark J. Giunta, Esq.
LAW OFFICE OF MARK J. GIUNTA
531 East Thomas Road
Suite 200
Phoenix, AZ 85012
Tel: 602-307-0837
Fax: 602-307-0838
E-mail: markgiunta@giuntalaw.com
Total Assets: $26,749,853
Total Liabilities: $94,060,479
The petition was signed by Ahmad R. Razaghi as CEO, member and
manager.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/QNKQOIQ/RAZAGHI_DEVELOPMENT_COMPANY_LLC__azbke-25-12300__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 10 Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Ahmad R. Razaghi Line of Credit $12,411,090
4287 Bella Cascada Street
Las Vegas, NV 89135
2. Ahmad R. Razaghi Note/Loan $62,500
4287 Bella Cascada Street
Las Vegas, NV 89135
3. Allen Billings Litigation $25,071
1076 Carol Lane Service Fees
Apt 74
Lafayette, CA 94549
4. Coppersmith $2,300
Brockelman, PLC
2800 North Central Avenue
Suite 1900
Phoenix, AZ 85004
5. Fisher Phillips Litigation $126,898
P.O. Box 840703 Service Fees
Los Angeles, CA 90084
6. McGee Advisory Litigation $315
47 Yadkin Road Service Fees
Fletcher, NC 28732
7. Navajo Health Pending $81,415,806
Foundation Lawsuit
c/o Dickinson
Wright, Amanda Newman
1850 N Central
Avenue Ste 1400
Phoenix, AZ 85004
8. Sandline Discovery LLC Litigation $8,887
105 North Virgina Avenue Service Fees
#302
Falls Church, VA 22046
9. Sandline Discovery LLC Litigation $4,112
105 North Virgina Avenue Service Fees
#302
Falls Church, VA 22046
10. Sandline Discovery LLC $3,500
105 North Virgina Avenue
#302
Falls Church, VA 22046
RAZZOO'S INC: Court OKs Ch. 11 Sale, 11 Locations to Stay Open
--------------------------------------------------------------
Ben Zigterman of Law360 reports that a Texas bankruptcy judge
approved the $18 million sale of Cajun chain Razzoo's Inc.'s assets
to a subsidiary of a Dallas-based restaurant developer, clearing
the way for the buyer to take over a portion of the struggling
brand. The purchaser said it intends to continue operating 11 of
Razzoo's 20 remaining restaurant locations.
The court-approved transaction was presented as the best available
outcome for the debtor's estate, preserving jobs and maximizing
value for creditors. The sale allows Razzoo's to wind down its
Chapter 11 case while maintaining a reduced operational footprint
under new ownership, the report states.
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. and Razzoo's Holdings, Inc. filed their voluntary
petitions 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, chief
executive officer, signed the petitions. The case is jointly
administered in Case No. 25-90522.
Judge Alfredo R. Perez oversees the case.
The Debtors tapped Okin Adams Bartlett Curry LLP as counsel; Stout
Capital, LLC as investment banker; and Stout Risius Ross, LLC as
financial advisor. Donlin, Recano & Company, LLC is the Debtors'
claims and noticing agent.
REALTRUCK GROUP: Moody's Cuts CFR to 'Caa2', Outlook Stable
-----------------------------------------------------------
Moody's Ratings downgraded RealTruck Group, Inc.'s (RealTruck)
corporate family rating to Caa2 from B3 and the probability of
default rating to Caa2-PD from B3-PD. Moody's downgraded the senior
secured bank credit facility ratings to Caa1 from B2 and the senior
unsecured rating to Ca from Caa2. The outlook was changed to stable
from negative.
The rating downgrades reflect Moody's expectations that the company
will continue to operate with an unsustainable capital structure,
low interest coverage, and weak liquidity attributed to ongoing
negative free cash flow. The downgrades also reflects rising
concerns related to the need to timely address the springing
maturity of the asset-based revolving credit facility of 91 days
prior to the maturity of the $2.3 billion senior secured first lien
term loan in January 2028.
Governance was a key consideration in this rating action.
Governance factors including aggressive financial strategies and
risk management practices which contributed to weak liquidity and
high financial leverage. The credit impact score was revised to
CIS-5 from CIS-4 to reflect these risks. The CIS-5 indicates that
the rating is lower than it would have been if ESG risk exposures
did not exist and that the negative impact is more pronounced than
for issuers scored CIS-4.
The outlook change to stable reflects Moody's expectations for
revenue growth and modest margin expansion from pricing actions and
efforts to contain costs and reduce manufacturing expenses. These
factors are expected to lead to modest leverage reduction, although
debt/EBITDA is expected to remain high.
RATINGS RATIONALE
RealTruck's ratings reflect the company's very high leverage, weak
credit metrics and negative free cash flow. RealTruck has good
product diversification and brand recognition as a specialty
provider in the light vehicle aftermarket segment. The acquisition
of VAI in March 2025 diversifies RealTruck's sales by vehicle brand
while expanding the company's portfolio of truck accessories.
Moody's expects debt/EBITDA to decline yet remain high, over 10x at
the end of 2026. Moody's forecasts low single digit revenue growth
in 2026 and expanded EBITDA margin versus 2025 due to efforts to
contain costs and reduce manufacturing expenses. Free cash flow is
expected to remain negative due to the very high interest expense
burden associated with the company's debt balance and capex
requirements. The large debt load and significant annual interest
expense limit the company's ability to absorb operational missteps
or ineffective execution.
RealTruck's weak liquidity is driven by Moody's expectations for
negative free cash flow, resulting in heavy reliance on the unrated
$250 million asset-based lending (ABL) facility. The gross
availability of the ABL is lower than the commitment. In addition,
the ABL's stated maturity date is February 2030, however, the ABL
has springing maturity of 91 days prior to the maturity of the
senior secured first lien term loan in January 2028. The facility
is subject to a springing fixed charge covenant when availability
falls below a specific threshold. The term loan does not have
financial maintenance covenants.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be downgraded if RealTruck fails to improve
liquidity, including if the company is unable to generate positive
free cash flow, or if the capital structure becomes untenable. A
downgrade could also occur if Moody's expects the probability of a
debt restructuring increases or Moody's estimates of recovery rates
decreases.
The ratings could be upgraded if RealTruck materially improves its
liquidity and operating performance. In addition, a trajectory of
meaningfully reducing debt-to-EBITDA and adequately covering
interest expense could support an upgrade.
The principal methodology used in these ratings was Automotive
Suppliers published in November 2025.
RealTruck's Caa2 CFR is two notches below the B3 scorecard
indicated outcome based on the trailing twelve months ended
September 30, 2025. The CFR reflects Moody's expectations for very
high financial leverage, weak liquidity and upcoming debt
maturities.
RealTruck Group, Inc. is a vertically integrated manufacturer of
branded aftermarket accessories for trucks, Jeeps, sport utility
vehicles, crossover utility vehicles and vans with manufacturing
operations in the US, Canada, Denmark, Mexico and Thailand and
sales in 100+ countries. Products include hard and soft truck bed
covers, truck caps, bed liners, floor liners, steps, suspension
kits, Jeep parts and off-road accessories. Revenue for the twelve
months ended September 30, 2025 was approximately $1.6 billion.
RED LOBSTER: High Rents Force Executive Cuts During Turnaround
--------------------------------------------------------------
Eliza Ronalds-Hannon of Bloomberg News reports that Red Lobster is
cutting executive and corporate roles while working to renegotiate
burdensome leases that have complicated its efforts to return to
consistent profitability after bankruptcy, according to people
familiar with the matter.
Dozens of poorly performing locations continue to drag on results,
which remain largely unchanged from where the company stood before
its bankruptcy filing last year, the people said.
The company confirmed that about 10% of its corporate workforce has
been eliminated, along with roughly 200 positions at the restaurant
level, the report states.
About Red Lobster Restaurants
Red Lobster Hospitality, LLC is an American casual dining
restaurant chain headquartered in Orlando, Florida. The company has
operations across most of the United States (including Puerto Rico
and Guam) and Canada, as well as in China, Ecuador, Hong Kong,
Japan, Malaysia, Mexico, Philippines, Turkey and the United Arab
Emirates; as of June 23, 2020, the company had 719 locations
worldwide.
RED ROCK: Claims to be Paid from Income & Property Sale/Refinance
-----------------------------------------------------------------
Red Rock Mega Storage LLC filed with the U.S. Bankruptcy Court for
the District of Nevada a Disclosure Statement describing Chapter 11
Plan dated December 15, 2025.
The Debtor was organized as a Nevada limited liability company on
October 10, 2017, for the purpose of acquiring and developing the
Property as a self-storage facility to be known as Red Rock Mega
Storage.
The Debtor owns a partially constructed self-storage development in
Reno, Nevada, named Red Rock Mega Storage, which is situated on two
separate lots: (1) 8803 Red Rock Road, Reno, NV (defined as "Lot
1"); and 8805 Red Rock Road, Reno, NV (defined as "Lot 2" and,
together with Lot 1 as the "Property").
The Debtor has commissioned an appraisal of the Property, but
Debtor believes the Property is worth approximately $23,000,000 as
is. RFT obtained the RFT Appraisal, which values the Property as is
at $15,750,000. Debtor's valuation is supported by an offer it
received in March of 2025 for cash in the amount of $15,196,926,
plus 35% of the membership interest in the entity acquiring the
property, which values Debtor's property at approximately
$23,000,000. Debtor has also identified sales of lesser storage
facilities in the Reno area that sold for $220.00 per square foot.
The total value of the Red Rock Mega Storage Facility after
completion of the additional 66,515 square feet (Buildings G, H, J
and K) is estimated to be between $38,450,825, based a value of
$205/sq ft, and $41,264,300, based on $220/sq ft. Applying a rental
rate of $1.08 per square foot, Debtor's 187,565 square feet of
storage space upon completion will produce monthly rental income of
approximately $202,570 per month. Using a cap rate of 5.5% and
projected annual NOI of $2,044,735 calculates to a value of
$37,177,000.
Class 5 consists of General Unsecured Creditors. The claims of the
Allowed Class 5 General Unsecured Creditors are impaired and shall,
on or before the three-year anniversary of the Effective Date,
receive a pro rata share of all funds remaining after the payment
of priority and secured claims, up to the amount of each Allowed
Class 5 Claim, with interest fixed at 8.0% per annum.
Class 6 consists of Equity Interest Holders. Equity interest
holders shall receive all funds available, if any, after payment of
the Allowed Class 5 Claims in full, which shall be disbursed to
equity holders in accordance with Debtor's Operating Agreement.
Class 6 equity holders shall receive no distributors on account of
their equity interests unless and until the Allowed Class 5 Claims
are paid in full.
The Plan will be funded through debtor in possession financing,
which shall be used to construct the remaining 8-buildings on
Debtor's Property, income from operations, pursuit of litigation
claims and the sale or refinance of the Property on or before the
3-year anniversary of the Effective Date of this Plan.
The Debtor will seek approval of DIP loans for a base amount of
$10,700,000 for construction, plus 1-year interest reserve at 12%
and loan origination fees of 3%. The DIP Loan will be taken out it
multiple draws tracking the construction of the remaining
buildings. Debtor's initial draw from the DIP Loan will be to
construct Buildings D, E, F and L and will be in the amount of
$3,910,000, which shall be used as follows: (1) construction costs
at $3,400,000; (2) interest reserve at $408,000; (3) loan
origination fee of $102,000.
The Debtor is currently investing potential litigation claims
against RFT and will pursue those claims if Debtor's investigation
determines they are viable. Debtor's investigation includes
potential lender liability claims arising from RFT's exercise of
substantial control over the Debtor's operations and construction
and a loan to own scheme. RFT knew Debtor was under-capitalized and
indicated it would make further loans to allow Debtor to complete
construction.
On or before the three-year anniversary of the Effective Date,
Debtor will either sell or refinance the Property. Debtor projects
the value of the Property at that time will exceed $40,000,000. At
a traditional commercial loan-to-value of 80%, a refinance would
provide approximately $32,000,000 to pay debts under the Plan.
A full-text copy of the Disclosure Statement dated December 15,
2025 is available at https://urlcurt.com/u?l=DXIs99 from
PacerMonitor.com at no charge.
The Debtor's Counsel:
Kevin A. Darby, Esq.
DARBY LAW PRACTICE
499 W. Plumb Lane, Suite 202
Reno, NV 89509
Tel: 775-322-1237
Fax: 775-996-7290
E-mail: kevin@darbylawpractice.com
About Red Rock Mega Storage
Red Rock Mega Storage, LLC operates a storage facility offering a
range of unit sizes, including climate-controlled spaces and
enclosed units for RV and boat storage. It serves customers in
Reno, Nevada, with 24/7 access and on-site amenities.
Red Rock Mega Storage sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Nev. Case No. 25-50549) on June 17,
2025. In its petition, the Debtor reported between $10 million and
$50 million in assets and liabilities.
Judge Hilary L. Barnes oversees the case.
Kevin A. Darby, Esq., at Darby Law Practice, Ltd., is the Debtor's
bankruptcy counsel.
Rodney Family Trust, as lender, is represented by Amy N. Tirre,
Esq. at Law Offices of Amy N. Tirre, A Professional Corporation.
REGIONAL WEST: Fitch Cuts LongTerm IDR to 'CCC'
-----------------------------------------------
Fitch Ratings has downgraded Regional West Health Services and
Affiliates, NE's (RWHS) Long-Term Issuer Default Rating (IDR) to
'CCC' from 'B-'. Fitch has also downgraded the series 2016A bonds
issued through Hospital Authority No. 1 of Scotts Bluff County, NE
on behalf of RWHS to 'CCC' from 'B-'.
Fitch has removed the ratings from Rating Watch Negative. Fitch
does not typically assign Rating Outlooks to 'CCC' category
ratings.
RATINGS ACTION
Rating Prior
------ -----
Regional West Health
Services and Affiliates (NE)
LT IDR CCC Downgrade B-
Regional West Health
Services and Affiliates
(NE) /General Revenues/
1 LT LT CCC Downgrade B-
The two-notch downgrade to 'CCC' from 'B-' reflects RWHS's
persistent operating challenges that led to continued negative cash
flow generation in FY25. Management is aggressively implementing
turnaround strategies; however, RWHS remains strained as the
organization navigates reducing reliance on high-cost agency labor.
Through the first nine months of FY25, RWHS generated a very weak
operating EBITDA margin of negative 4.9%, even with some revenue
enhancement from Nebraska's Medicaid Directed Payments Program.
Although funds have been approved for 2025 and the program has been
legislatively approved through 2027, Fitch views the success of
RWHS's turnaround efforts as crucial given the temporary nature of
the directed payment program and expected funding cuts over the
longer-term from the 2025 federal tax and spending bill.
The 'CCC' rating also reflects RWHS's very weak liquidity position,
with only 14.0 days cash on hand (DCOH) as of Sept. 30, 2025 per
Fitch's calculation. Fitch considers RWHS's liquidity position to
be a primary credit risk and an asymmetric risk to the
organization.
SECURITY
The bonds are secured by a pledge of gross revenues and a mortgage
lien from the obligated group (OG), which includes only Regional
West Medical Center. Non-obligated RWHS entities have exerted
operational strain the last three years, resulting in negative
consolidated operating EBITDA margins.
KEY RATING DRIVERS
Revenue Defensibility - 'bbb'
Dominant Market Position; Weak Service Area
RWHS maintains a midrange payor mix, with combined Medicaid and
self-pay revenues accounting for less than 25% of gross revenues.
The organization's revenue generation was enhanced in FY25 by CMS
approval of the Nebraska Medicaid Directed Payment Program, which
provides significant Medicaid funding contingent on meeting quality
measures.
RWHS's service area has weak demographic characteristics, including
a declining population, median household income and poverty levels,
which are unfavorable compared to state and national averages.
However, RWHS is the largest provider within 150 miles, and no
other hospital in its primary, secondary, or tertiary service areas
has more than 25 licensed beds. Fitch believes RWHS's strategic
location, comprehensive services, and position as a regional
referral center in western Nebraska supports its midrange revenue
defensibility. The health system's recent expansion efforts,
including adding over 20 new providers in 2024 and 11 new providers
in YTD 2025, also aims to bolster patient volumes, particularly in
oncology and cardiac services.
Operating Risk - 'b'
Negative Cash Flow Generation; Turnaround Efforts Underway
In FY 2024, RWHS's operating EBITDA was negative 7.2% and EBITDA
was negative 6.4%, per Fitch calculations. The deterioration in
core operating and balance sheet metrics stemmed from the
organization's electronic medical record (EMR) EPIC conversion in
October 2024, which compounded ongoing profitability challenges.
In the spring of 2025 RWHS initiated operational turnaround efforts
focused on optimizing the revenue cycle and reducing expenses.
Management has struggled with cost containment due to heightened
traveler cost and challenges to recruit due to competitive wage
pressures.
While Fitch still views RWHS's operating performance as very weak,
operations have begun to demonstrate modest improvement through the
first nine months of the fiscal year, with an operating EBITDA of
negative 4.2% and EBITDA of negative 3.7% as of Sept. 30, 2025.
Management reports RWHS is beginning to benefit from EPIC's
enhanced revenue cycle in addition to a reduction in agency labor,
which was partially achieved through reduction of operational
beds.
Management is targeting to achieve positive operating cash flow
generation in fiscal 2026 through support from Nebraska's Medicaid
Directed Payment Program and additional cost savings including the
roll off of the current Cerner, use of group purchasing,
renegotiated vendor contracts and ongoing recruitment efforts.
However further cost savings efforts will be required in order for
RWHS to have breakeven core operating metrics without relying on
support from Nebraska Medicaid Directed Payment Program funds.
RWHS's capital expenditures have been light, averaging 38% of
depreciation over the last five fiscal years. Spending has
increased recently, with investments in medical equipment and
facilities, including a new orthopedic surgery robot and
interventional radiology suite that support RWHS's strategic growth
objectives. Fitch expects capital spending to remain below
depreciation, allowing RWHS to stabilize its balance sheet while
investing in services expected to generate additional revenue, such
as a renovation of the PET/CT exam area and the purchase of a new
radiation therapy machine. RWHS had an elevated average age of
plant at 28 years at FYE 2024.
Financial Profile - 'b'
Deterioration of Balance Sheet
As of Sept. 30, 2025 RWHS's financial metrics remain very weak,
with cash-to-adjusted debt of 20.3% and 14.0 DCOH, as calculated by
Fitch. This does not include $4.6 million in board designated funds
for capital improvement. Management expects RWHS to end fiscal 2025
with between 12-14 DCOH. This results in an asymmetric risk
consideration for the financial profile as it falls below Fitch's
75 DCOH threshold. RWHS's bonds do not have a DCOH covenant.
Fitch's base case assumes that with the benefit of directed payment
program and continued cost containment efforts, RWHS could
potentially achieve a 2.4% operating EBITDA margin and maintain 14
DCOH in FY26. If additional cost containment efforts yield
additional savings in 2027, RWHS could begin to see marginal
balance sheet accretion in 2027.
Management reports that RWHS has received $10.6 million from the
Nebraska Medicaid Direct Payments Program for 2024. CMS also
approved funds for 2025, which RWHS expects to receive on a
quarterly basis in 2026. Timely receipt of payments related to this
program are crucial given the organization's negative flow
generation and lack of balance sheet resources. Financial
turnaround and EMR improvement efforts are underway, but the
balance sheet remains very thin, and a very limited margin of
safety remains. Capacity for continued payment is vulnerable to
deterioration in RWHS's business and economic environment.
Asymmetric Additional Risk Considerations
RWHS has an asymmetric risk consideration for financial profile
given DCOH is below the 75-day threshold outlined by Fitch.
Although not an asymmetric risk, RWHS has had a considerate amount
of turnover among the senior leadership team since 2022. In
February 2025 Ned Resch was appointed the new President and CEO,
and in May 2025, Andrew Shea was hired as RWHS's new interim CFO.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
-- Further balance sheet dilution, such that days cash on hand is
sustained below 20 days cash on hand;
-- Failure to improve and sustain positive operating EBITDA margin
in the next year.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
-- RWHS would need to significantly improve and sustain its core
operating metrics to levels that result in balance sheet
accretion.
PROFILE
RWHS is a non-profit corporation organized as a parent company for
affiliated non-profit health care organizations. The OG consists
solely of Regional West Medical Center (RWMC), an acute care
general hospital in Scottsbluff, NE. RWMC is licensed to operate
188 acute care beds and is a regional referral center.
RWHS's other affiliated entities that are not part of the OG
include: Regional West Physicians Clinic, Regional West Foundation,
Regional West Village, and Regional Care. Fitch's analysis is based
on the consolidated entity.
REKOR SYSTEMS: Closes $14MM Underwritten Registered Direct Offering
-------------------------------------------------------------------
Rekor Systems, Inc. disclosed in a Form 8-K Report filed with the
U.S. Securities and Exchange Commission that it entered into an
underwriting agreement with William Blair & Company, L.L.C., as
representative of the several underwriters named therein, relating
to an underwritten registered direct offering to a single
institutional investor of 8,571,428 units, with each Unit
consisting of:
(i) one share of the Company's common stock, par value $0.0001
per share, and
(ii) one warrant to purchase one share of Common Stock. The
shares of Common Stock and Warrants comprising the Units are
immediately separable and were issued separately.
The public offering price for each Unit is $1.75. Each Warrant has
an exercise price of $2.40 per share of Common Stock, is
immediately exercisable upon issuance, and will expire seven years
from the date of issuance.
The Underwriting Agreement contains representations, warranties and
covenants made by the Company that are customary for transactions
of this type. Under the terms of the Underwriting Agreement, the
Company has agreed to indemnify the underwriters against certain
liabilities, including liabilities under the Securities Act of
1933, as amended.
In addition, pursuant to the terms of the Underwriting Agreement,
the Company and its executive officers and directors and their
affiliates have entered into agreements providing that each of
these persons and entities may not, without the prior written
approval of the underwriters, subject to limited exceptions, offer,
sell, transfer or otherwise dispose of the Company's securities for
a period of 90 days following the date (December 13, 2025) of the
Underwriting Agreement.
William Blair & Company, L.L.C. may be reached through:
Steve Maletzky, Head of Capital Markets
William Blair & Company, L.L.C.
150 North Riverside Plaza
Chicago, Illinois 60606
A full text copy of the Underwriting Agreement is available at
https://tinyurl.com/32t9cxp2
Form of Warrant:
The Warrants are exercisable, in whole or in part, at any time
before 5:00 p.m., New York City time, on December 16, 2032 (seven
years from the date of issuance). The Warrants have an initial
exercise price of $2.40 per share of Common Stock, subject to
adjustment.
A holder of Warrants may not exercise any portion of a Warrant to
the extent that the holder, together with its affiliates and any
other persons acting as a group, would beneficially own in excess
of 9.99% of the outstanding shares of Common Stock immediately
after exercise, as such percentage ownership is determined in
accordance with the terms of the Warrants.
The exercise price and the number of shares of Common Stock
issuable upon exercise of the Warrants are subject to adjustment
upon the occurrence of specific events, including stock dividends,
stock splits, combinations and reclassifications of the Common
Stock.
If, at the time a holder exercises Warrants, there is no effective
registration statement registering the issuance of the shares of
Common Stock underlying the Warrants, or the prospectus contained
therein is not available for such issuance, then the holder may
elect to exercise the Warrants on a cashless basis, in which case
the holder would receive upon such exercise the net number of
shares of Common Stock determined according to a formula set forth
in the Warrants. Notwithstanding the foregoing, on the expiration
date, any unexercised Warrants will be automatically exercised via
cashless exercise, subject to the beneficial ownership limitations
described above.
In the event of a fundamental transaction, as described in the
Warrants and generally including any reorganization,
recapitalization or reclassification of the Common Stock, the sale,
transfer or other disposition of all or substantially all of the
Company's properties or assets, the Company's consolidation or
merger with or into another person, the acquisition of more than
50% of the Company's outstanding Common Stock, or the acquisition
of more than 50% of the voting power of the Company's common
equity, the holders of the Warrants will be entitled to receive
upon exercise of the Warrants the kind and amount of securities,
cash or other property that the holders would have received had
they exercised the Warrants immediately prior to such fundamental
transaction.
The Warrants may be transferred or assigned, subject to applicable
laws and certain transfer restrictions set forth in the Warrants.
A full text copy of the Form of Warrant is available at
https://tinyurl.com/528xbyzw
Side Letter Agreement:
In connection with the Offering, on December 16, 2025, the Company
entered into a Side Letter Agreement with Anson Advisors Inc., on
behalf of Anson Investments Master Fund LP and Anson East Master
Fund LP, the sole purchaser in the Offering.
Pursuant to the terms of the Side Letter, the Company is prohibited
from effecting or entering into any "Variable Rate Transaction"
while the Investor holds any Warrants. A "Variable Rate
Transaction" generally means a transaction in which the Company
issues or sells debt or equity securities with conversion,
exercise, or exchange prices that vary based on the trading price
of the Common Stock or are subject to reset provisions, or enters
into equity line of credit arrangements. This prohibition does not
apply to:
(i) straight debt instruments without equity components,
(ii) traditional term loans or credit facilities without
equity-linked features, or
(iii) at-the-market offerings at prices not less than $1.75 per
share.
During the two-year period following the Closing Date, the Investor
has the right to purchase up to 30% of any "New Securities"
(generally, Common Stock or securities convertible into Common
Stock, subject to customary exceptions) in future offerings on the
same terms as other investors. For non-underwritten offerings and
registered offerings that are not firm-commitment underwritten, the
Company must provide at least three trading days' advance notice to
the Investor. For firm-commitment underwritten offerings, the
Company must use commercially reasonable efforts to provide the
Investor with the opportunity to participate. The Investor may
elect to receive additional Warrants in lieu of other equity
securities in such offerings.
For 90 days, the Company may not issue, agree to issue, or announce
the issuance of Common Stock or securities convertible into Common
Stock without the prior written consent of holders of a majority in
interest of the Warrants and underlying shares, subject to
customary exceptions.
Anson Advisors Inc., on behalf of Anson Investments Master Fund LP
may be reached through:
Amin Nathoo, Director
Anson East Master Fund LP
16000 Dallas Parkway, Suite 800
Dallas, Texas 75248
A full text of the Side Letter is available at
https://tinyurl.com/3an2v5m2
Closing of Offering:
On December 16, 2025, the Offering closed, and the Company issued
and sold 8,571,428 Units. The net proceeds to the Company, after
deducting the underwriting discounts and commissions and estimated
offering expenses payable by the Company, are expected to be
approximately $14 million.
The Offering was made pursuant to the Underwriting Agreement and a
shelf registration statement on Form S-3 (Registration Statement
No. 333-281042) filed by the Company with the Securities and
Exchange Commission that became effective on August 6, 2024.
On December 15, 2025, a prospectus supplement and accompanying
prospectus were filed with the SEC in connection with the
Offering.
About Rekor Systems
Rekor Systems, Inc., headquartered in Columbia, Md., is working to
revolutionize public safety, urban mobility, and transportation
management using AI-powered solutions designed to meet the distinct
demands of each market it serves. The Company works hand-in-hand
with its customers to deliver mission-critical traffic and
engineering services that assist them in achieving their goals. The
Company's vision is to improve the lives of citizens and the world
around them by enabling safer, smarter, and greener roadways and
communities. The Company works towards this by collecting,
connecting, and organizing mobility data, and making it accessible
and useful to its customers for real-time insights and decisioning
for situational awareness, rapid response, risk mitigation, and
predictive analytics for resource and infrastructure planning and
reporting.
As of September 30, 2025, the Company had $80,979,000 in total
assets, $44,495,000 in total liabilities, and $36,484,000 in total
stockholders' equity.
Morristown, N.J.-based Marcum LLP, the Company's auditor since
2019, issued a "going concern" qualification in its report dated
March 31, 2025, attached to the Company's Annual Report on Form
10-K for the year ended December 31, 2024, citing that the Company
has incurred significant losses and will need 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.
REYNOLDS CRAFT: Hires Sader Law Firm as Legal Counsel
-----------------------------------------------------
Reynolds Craft, LLC seeks approval from the United States
Bankruptcy Court for the Western District of Missouri, Southwestern
Division, to employ Bradley D. McCormack and John S. Atherton of
The Sader Law Firm to serve as legal counsel in its Chapter 11
bankruptcy case.
The Sader Law Firm will provide these services:
(a) advising the Debtor with respect to its rights and
obligations as Debtor-In-Possession and regarding other matters of
bankruptcy law;
(b) preparation and filing of petitions, schedules, motions,
statements of affairs, plans of reorganization, and other pleadings
and documents required in the proceeding;
(c) representation of the Debtor at the meeting of creditors
and hearings related to the disclosure statement, plan of
reorganization, confirmation, and related matters;
(d) representation of the Debtor in adversary proceedings and
other contested bankruptcy matters; and
(e) representation of the Debtor in connection with the
reorganization proceeding and the Debtor's business operations.
The proposed hourly rates are $380 for Bradley D. McCormack, $275
for John S. Atherton, and $150 for paralegals. The firm also seeks
reimbursement of out-of-pocket expenses. The Debtor paid a Chapter
11 retainer of $40,000 on December 8, 2025.
According to court filings, The Sader Law Firm and its attorneys
are disinterested persons within the meaning of Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
Bradley D. McCormack, Esq.
John S. Atherton, Esq.
THE SADER LAW FIRM
2345 Grand Boulevard, Suite 2150
Kansas City, MO 64108
Telephone: (816) 561-1818
Facsimile: (816) 561-0818
E-mail: bmccormack@saderlawfirm.com
About Reynolds Craft LLC
Reynolds Craft LLC is a single-asset real estate entity that owns
residential properties located at 19 Builders Lane and 712 W.
Highway F in Anderson, Missouri, which together have an estimated
current value of $1.03 million.
Reynolds Craft sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D.Mis. Case No.: 25-30319) on December
11, 2025. In the petition signed by Brandon Reynolds as managing
member, the Debtor disclosed total assets of $1,040,189 and total
liabilities of $875,161.
Judge Brian T. Fenimore presides over the case.
Bradley D. McCormack at Sader Law Firm LLC, represents the Debtor
as legal counsel.
REYNOLDS CRAFT: Seeks to Hire NWA Real Estate as Broker
-------------------------------------------------------
Reynolds Craft, LLC seeks approval from the U.S. Bankruptcy Court
for the Western District of Missouri, Southwestern Division to hire
Chris Hinkle of NWA Real Estate Pro's, LLC to serve as broker.
Mr. Hinkle, through NWA Real Estate Pro's, LLC, will provide these
services:
(a) marketing Debtor's Real Estate for sale; and
(b) assisting Debtor in negotiations and execution of Real Estate
Contracts and subsequent sales.
The proposed compensation is a 6% commission of sale, subject to
periodic adjustments.
According to court filings, NWA Real Estate Pro's, LLC and its
staff are disinterested parties as defined in 11 U.S.C. Sec.
101(14) and do not hold or represent any interest adverse to the
Debtor or its estate.
The broker can be reached at:
Chris Hinkle
NWA Real Estate Pro's, LLC
2225 South Bellview, Suite 202
Rogers, AR 72758
About Reynolds Craft LLC
Reynolds Craft LLC is a single-asset real estate entity that owns
residential properties located at 19 Builders Lane and 712 W.
Highway F in Anderson, Missouri, which together have an estimated
current value of $1.03 million.
Reynolds Craft sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D.Mis. Case No.: 25-30319) on December
11, 2025. In the petition signed by Brandon Reynolds as managing
member, the Debtor disclosed total assets of $1,040,189 and total
liabilities of $875,161.
Judge Brian T. Fenimore presides over the case.
Bradley D. McCormack at Sader Law Firm LLC, represents the Debtor
as legal counsel.
ROADRUNNER SCOOTERS: Court OKs Deal on Cash Collateral Access
-------------------------------------------------------------
The U.S. Bankruptcy Court for the District of Colorado approved a
stipulation between RoadRunner Scooters LLC and BMO Bank, N.A.
authorizing conditional use of cash collateral.
Under the stipulation, the Debtor is authorized to use BMO's cash
collateral only in accordance with its budget, subject to limited
variances of up to 15% for monthly expenses or revenue shortfalls.
As adequate protection, BMO will be granted post-petition
replacement liens on the Debtor's assets with the same validity and
priority as its pre-bankruptcy liens.
In addition, BMO will receive monthly interest-only payments of
$3,140.10, starting this month as further protection.
BMO, as successor to Bank of the West following a 2023 acquisition,
holds a properly perfected, first-priority security interest in
substantially all of the Debtor's inventory and related proceeds,
which constitute nearly all of the Debtor's cash, accounts
receivable, and deposit accounts.
The underlying loan relationship originated in October 2022 when
Bank of the West advanced $1 million to the debtor at an annual
interest rate of 8.25 percent. As of the petition date, the
outstanding principal balance was approximately $503,765, with
interest continuing to accrue at about $3,140 per month. The loan
is secured by broad collateral, including all inventory, additions
and replacements to inventory, accounts and payment rights arising
from inventory sales, and all proceeds thereof. The security
interests were perfected by UCC filings in Colorado and Nevada, and
a post-petition search confirmed BMO’s lien priority, which the
Debtor does not dispute. Because the Debtor's operating cash is
derived from inventory sales, it constitutes BMO's cash collateral,
requiring either lender consent or court authorization for use.
The stipulation includes default provisions under which BMO may
terminate the Debtor's right to use cash collateral if required
payments are not made or other obligations are breached and not
cured within seven days after notice. The Debtor's authority to use
cash collateral will automatically terminate upon plan
confirmation, dismissal or conversion of the case, payment in full
of the secured debt, or further agreement of the parties approved
by the court.
The stipulation is available at https://urlcurt.com/u?l=HjJoeS from
PacerMonitor.com.
About RoadRunner Scooters
LLC
RoadRunner Scooters, LLC filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. D. Colo. Case No.
25-17643) on November 20, 2025, listing between $100,001 and
$500,000 in assets and between $1 million and $10 million in
liabilities. Mark Dennis, a certified public accountant at SL
Biggs, serves as Subchapter V trustee.
Judge Joseph G. Rosania Jr. presides over the case.
Jonathan Dickey, Esq., at Kutner Brinen Dickey Riley, P.C.
represents the Debtor as legal counsel.
BMO Bank N.A., as lender, is represented by:
Joseph D. Brydges, Esq.
MICHAEL BEST & FRIEDRICH LLP
One S Pinckney St., Ste 700
Madison, WI 53703-4257
Tel: 608.283.2262
Email: jdbrydges@michaelbest.com
-and-
Davis W. Sullivan, Esq.
MICHAEL BEST & FRIEDRICH LLP
790 N. Water St., Ste. 2500
Milwaukee, WI 53202
Tel: 414.271.6560
Email: davis.sullivan@michaelbest.com
SAKS GLOBAL: Weighs Chapter 11 Filing as Debt Payment Looms
-----------------------------------------------------------
Reshmi Basu and Eliza Ronalds-Hannon of Bloomberg News report that
Saks Global Enterprises is weighing a potential Chapter 11
bankruptcy filing as a last resort as it confronts a debt payment
of more than $100 million due at the end of the month, according to
people familiar with the matter.
The company is also exploring other liquidity options, including
emergency financing or asset sales, the people said, speaking on
condition of anonymity. Separately, some of Saks' lenders have held
confidential discussions in recent days to evaluate the company’s
near-term cash needs, the report states.
About Saks Global
Saks Global owns and operates world-class luxury retailers,
including Neiman Marcus, Bergdorf Goodman, Saks Fifth Avenue and
Saks OFF 5TH, and a portfolio of prime U.S. real estate holdings
and investments.
SAVI CONSTRUCTION: Gets OK to Hire Young Wooldridge as Counsel
--------------------------------------------------------------
Savi Construction LLC received approval from the U.S. Bankruptcy
Court for the Eastern District of California to hire the Law
Offices of Young Wooldridge as counsel.
The employment of Law Offices of Young Wooldridge is retroactive to
November 26, 2025 and covers services rendered on and after
November 26, 2025 -- a date less than thirty days before the filing
of the application.
The firm's services include:
a. consulting with the Debtor about its financial situation,
its achievable goals and the efficacy of various forms of
bankruptcy as a means to achieve its goals;
b. preparing documents for the bankruptcy case;
c. advising the Debtor about its duties as
debtor-in-possession;
d. helping the Debtor formulate a Plan of Reorganization,
drafting the Plan, and prosecuting legal proceedings to seek
confirmation of the Plan; and
e. preparing and prosecuting pleadings.
The firm received a retainer in the amount of $21,738.
Leonard Welsh, Esq., a partner at the Law Offices of Young
Wooldridge, disclosed in a court filing that his firm is a
"disinterested person" pursuant to Section 101(14) of the
Bankruptcy Code.
The firm can be reached at:
Leonard K. Welsh, Esq.
LAW OFFICES OF YOUNG WOOLDRIDGE
1800 30th Street, Fourth Floor
Bakersfield, CA 93301
Tel: (661) 328-5328
Fax: (661) 760-9900
Email: lwelsh@youngwooldridge.com
A copy of the Court's Order dated December 17, 2025, is available
at https://urlcurt.com/u?l=OPbWNV from PacerMonitor.com.
About Savi Construction LLC
Savi Construction LLC, previously operating as Solutions Ramirez
LLC, provides construction, remodeling, and related services across
residential and commercial markets.
Savi Construction LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Cal. Case No. 25-13979) on November
26, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $100,001 and $1 million each.
SEQUOIA GROVE: Claims to be Paid from Income & Sale Proceeds
------------------------------------------------------------
Sequoia Grove, Inc. filed with the U.S. Bankruptcy Court for the
Southern District of Texas a Small Business Plan of Reorganization
under Subchapter V dated December 15, 2025.
The Debtor is a corporation formed and organized under the laws of
the State of Texas. The Debtor was formed on April 14, 2022 by
Martin Rafter, who has been the sole shareholder and Director of
the Corporation at all times.
The Corporation was formed for the acquisition of the business and
assets of GM Outdoor Living, Pool & Spa Inc., which had been
engaged in the business of designing and constructing residential
swimming pools in Northeast Harris County for 23 years. Besides
purchasing the trade name of the business, the Corporation also
acquired real property at 1207 West Ferguson Street, Humble, TX
77338, which had served as GM Outdoor Living, Pool & Spa Inc.'s
place of business, two vehicles, one concrete pump, and assorted
office furniture and hand tools.
The Plan Proponent's financial projections show that the Debtor
will have projected Disposable Income of $292,928.18. The final
Plan payment is expected to be paid in month 36, which is projected
to be December 2029.
This Plan of Reorganization proposes to pay creditors of the Debtor
from the sale of the Debtor's real property and paying its future
Disposable Income to its creditors over a term of four years.
Class 7 consists of General Unsecured Claims. Holders of claims in
Class 7 shall receive a pro rata share of a quarterly payment of
$3,075.16. These payments will be paid starting in Month 4 and
continue through Month 36. Class 7 consists of the general,
unsecured claims of American Express ($100,000.00) and Continental
Casualty Co. ($12,964.06). This Class is impaired.
Class 8 consists of the holder of the common stock of the Debtor,
Martin Rafter. As a result of confirmation of this Plan, Mr. Rafter
will retain his common stock in the Debtor but will not be entitled
to any distribution of dividends. Until the occurrence of both: (1)
the distribution of all amounts due to holders of allowed claims in
Classes 1 through 7 and (2) the Debtor receiving a discharge under
Section 1192 of the Bankruptcy Code, the shareholder(s) in Class 8
will not be entitled to receive any payment from the Debtor except
for salary or reimbursement for post-confirmation purchases of
inventory or supplies purchased with funds or credit advanced by
Mr. Rafter.
The Debtor has determined, in its business judgment, that the real
property at 1207 West Ferguson Street, Humble, Texas 77336 is not
needed for an effective reorganization. In that regard, the Debtor
seeks to employ a broker, in consultation with Wells Fargo Bank, to
list and market the real property. This application will be made
prior to confirmation of this Plan.
In addition to the sale of its real property, the Debtor will pay
its future Disposable Income to the satisfaction of the Allowed
Claims provided for in this Plan for a period 3 years following the
Effective Date. As shown on Exhibit B, the Debtor projects that its
Disposable Income for the 36 months following confirmation will be
$282,928.18, and the Debtor commits to making this payment of
Disposable Income during the term of this Plan.
A full-text copy of the Plan of Reorganization dated December 15,
2025 is available at https://urlcurt.com/u?l=dGo33b from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Leonard H. Simon, Esq.
PENDERGRAFT & SIMON, LLP
2777 Allen Parkway, Suite 800
Houston, TX 77019
Telephone: (713) 528-8555
Facsimile: (713) 868-1267
About Sequoia Grove Inc.
Sequoia Grove, Inc. doing business as GM Outdoor Living, Pool &
Spa, designs, builds, renovates, and maintains custom swimming
pools, outdoor living spaces, and kitchens for residential clients
in the Greater Houston area from its base in Humble, Texas. The
Company also partners with third-party financial institutions to
provide customer financing for pool construction and outdoor living
projects.
Sequoia Grove sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-35441) on September
16, 2025. In the petition signed by Martin Rafter, president and
CEO, the Debtor disclosed up to $500,000 in assets and up to $10
million in liabilities.
Judge Jeffrey P. Norman oversees the case.
Leonard Simon, Esq., at Pendergraft & Simon, LLP, represents the
Debtor as legal counsel.
SK MOHAWK: Fitch Cuts IDR to 'RD' on Missed Interest Payment
------------------------------------------------------------
Fitch Ratings has downgraded the Long-Term Issuer Default Ratings
(IDRs) of SK Mohawk Holdings, SARL and Polar US Borrower, LLC
(collectively, SI Group) to 'RD' from 'C'. Fitch has also affirmed
the issue ratings of the first-lien, first-out revolver at 'CCC'
with a Recovery Rating (RR) of 'RR1', and the first-lien,
second-out term loan at 'C'/'RR5'. The rating of the senior
unsecured notes has been affirmed at 'C'/'RR6'.
The downgrade to 'RD' reflects SI Group's missed interest payment
on the first-lien, second-out term loan B. Per Fitch's rating
definitions, an uncured default after any applicable original grace
period on a loan or other material financial obligation is
commensurate with an 'RD' IDR.
Key Rating Drivers
Missed Interest Payment: SI Group has not paid the interest payment
scheduled for Oct. 28, 2025 on its $1.4 billion first-lien,
second-out term loan B. An uncured payment default after any
applicable original grace period on a loan or other material
financial obligation, without entry into bankruptcy filings or
cessation of operations, is commensurate with an 'RD' IDR, per
Fitch's rating definitions. The issuer has since secured three
extensions to the original grace period.
Considering the company's highly constrained liquidity and a
persistently challenging operating environment, Fitch believes that
a financial restructuring is likely. The ratings would be
reassessed upon completion of any restructuring.
Highly Constrained Liquidity: In Fitch's view, weaker cash flow
expectations along with constrained liquidity leaves a shorter
runway for SI Group to right-size its capital structure. Fitch
views the outflow of free cash flow (FCF) as effectively
irreversible under the current capital structure, given elevated
cash interest and deteriorating EBITDA. As of 3Q25, liquidity of
roughly $59 million appears insufficient to meet near-term cash
needs, including annual cash interest, maintenance capex, a $33
million May 2026 senior unsecured note stub maturity, and other
operating requirements. Fitch believes SI Group has largely
exhausted all avenues for extraordinary or third-party support.
Unrecoverable Leverage: Fitch forecasts SI Group's EBITDA leverage
to remain near 20x under the current capital structure, reflecting
deteriorating operating performance and rising paid-in-kind (PIK)
interest, with no realistic path to recovery. Persistently negative
FCF is expected to drive full utilization of the revolver and A/R
securitization before YE 2026. Under Fitch's Rating Case, a payment
default is expected within the next 12 months.
Sustained Weak Performance: SI Group's operating performance
deteriorated through 3Q25, with YTD sales down about 13% and
Fitch-defined EBITDA down roughly 30% YoY. Weak end-market demand,
2023 destocking, and heightened competition from new Chinese
capacity continue to weigh on volumes. With oversupply and no
meaningful demand recovery since 3Q22, Fitch expects volumes to
remain depressed over the forecast horizon. Management's cost
reductions and capex cuts to maintenance levels have been
insufficient to offset these pressures, and negative FCF is
expected to persist.
Peer Analysis
Compared to most speculative-grade chemical peers, SI Group has
very high EBITDA leverage, exceeding 15x. SI Group's scale compares
favorably to Kymera International, LLC (B-/Negative). However, SI
Group's profitability and leverage profiles are comparatively
weaker.
Advancion Holdings LLC's (B-/Negative) leverage profile trends
around 8.0x and it operates with a smaller scale compared to SI
Group, but its position as the only global commercial producer of
nitroalkanes allows Advancion to enjoy outsized EBITDA margins.
Fitch's Key Rating-Case Assumptions
-- Volume growth is minimal in 2026 and thereafter due to prolonged
weak end-market demand and competitive pressures;
-- Fitch-defined EBITDA margin remains about 8% through the
forecast;
-- Capex remains at around maintenance levels of $45 million
annually.
Recovery Analysis
Key Recovery Rating Assumptions
The recovery analysis assumes that SI Group would be reorganized as
a going-concern (GC) in bankruptcy rather than liquidated. Fitch
has assumed a 10% administrative claim, and that the company's $218
million revolver is fully drawn. Fitch also has assumed the $100
million A/R Securitization is effectively fully drawn at the
current $63 million balance.
GC Approach
Fitch projects SI Group's GC EBITDA of $120 million, which assumes
a rebound from an assumed trough EBITDA of around $100 million,
reflecting an improvement in the underlying economic conditions
that would have likely precipitated the default, as well as
corrective actions taken during restructuring (or actions that
would be priced in by potential bidders).
The GC EBITDA estimate reflects Fitch's view of a sustainable,
post-reorganization EBITDA level upon which it bases the enterprise
valuation. Specifically, the GC EBITDA scenario indicates a
sustained economic contraction in EMEA and North America, resulting
in severe volume pressure in both the Polymer Solutions and
Industrial Solutions segments, which results in a material decline
in EBITDA and cash generation.
Fitch assumes that upon default, SI Group would be unable to
improve EBITDA as economic and industry pressure would likely limit
the benefits of cost reduction. However, Fitch also assumes that
the underlying business fundamentals would improve over time as the
cycle corrects, leading to the assumed GC EBITDA.
An enterprise value multiple of 5.5x EBITDA is applied to the GC
EBITDA to calculate a post-reorganization enterprise value. The
choice of this multiple considered historical bankruptcy case study
exit multiples for peer companies. Fitch used a multiple of 5.5x to
estimate SI Group's value because of its slightly lower margins
compared with public comps.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
-- The IDRs would be downgraded to 'D' upon initiation of any
formal bankruptcy procedure.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
-- The ratings would be reassessed if the interest payment is made
or upon completion of a restructuring process.
Liquidity and Debt Structure
Fitch estimates SI Group's 3Q25 liquidity at approximately $59
million, comprising $56 million of cash and $3 million of
availability under the first-lien first-out revolver. Fitch views
this as insufficient to meet near-term cash needs. Persistently
negative FCF is expected to drive full utilization of both
facilities before YE 2026. Following the 2Q25 sale-leaseback and
sponsor support in the 4Q24 exchange, Fitch expects avenues for
extraordinary or third-party support to be largely exhausted,
making a liquidity shortfall within 12 months highly likely.
Issuer Profile
SI Group (SK Mohawk Holdings, SARL) provides polymers, fuel,
lubricant and industrial additives and chemical intermediates for
use in various end markets, including plastics, fuels, tires,
oilfield chemicals, food packaging and surfactants.
RATINGS ACTION
Rating Prior
------ -----
Polar US Borrower, LLC LT IDR RD Downgrade C
senior unsecured LT C Affirmed RR6 C
senior secured LT C Affirmed RR5 C
senior secured LT CCC Affirmed RR1 CCC
SK Mohawk Holdings, SARL LT IDR RD Downgrade C
SMOKE RING: Case Summary & 20 Largest Unsecured Creditors
---------------------------------------------------------
Debtor: Smoke Ring, LLC
AKA Ray Ray's
AKA Ray Ray's Hog Pit
AKA Ray Ray's Ohio Style
6670 Busch Blvd.
Columbus, OH 43229
Business Description: Smoke Ring, LLC, doing business as Ray Ray's
Hog Pit and also known as Ray Ray's and Ray
Ray's Ohio Style, operates a family-owned
barbecue business in central Ohio with
stationary food trucks, trailers, and drive-
thru locations. Founded in 2009 by chef
James Anderson, the Company prepares
hardwood-smoked pork, beef, and chicken
using low-and-slow cooking methods and
offers dine-in, drive-thru, walk-up, online
ordering, bulk preorders, and catering
services. The business operates multiple
locations across the Columbus and central
Ohio area and partners with local breweries
for on-site dining.
Chapter 11 Petition Date: December 19, 2025
Court: United States Bankruptcy Court
Southern District of Ohio
Case No.: 25-55608
Judge: Hon. Mina Nami Khorrami
Debtor's Counsel: Sean Stone, Esq.
TAX WORKOUT GROUP, P.A.
175 South 3rd Street, Suite 200
Columbus, OH 43215
Email: sstone@twg.law
Total Assets: $264,349
Total Liabilities: $1,262,290
The petition was signed by James Ray Anderson as owner.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/FUXJIYQ/Smoke_Ring_LLC__ohsbke-25-55608__0001.0.pdf?mcid=tGE4TAMA
SOUTHERN TREE: U.S. Trustee Appoints Creditors' Committee
---------------------------------------------------------
The U.S. Trustee for Region 21 appointed an official committee to
represent unsecured creditors in the Chapter 11 case of Southern
Tree Professionals, LLC.
The committee members are:
1. Cowin Equipment Company, Inc.
c/o Richard Brennan
P.O. Box 10624
Birmingham, AL 35202
(205) 488-3921
rbrennan@cowin.com
2. Impact Rentals LLC
c/o Jean Berry
6333 Post Rd.
Douglasville, GA 30135
(404) 775-5598
jberry@renimpact.com
3. Jacob McDaniel Enterprises LLC
c/o Jacob McDaniel
5440 June Ivey Rd. NW
Bethlehem, GA 30620
(404) 886-0928
jacobmcdaniel90@yahoo.com
4. Wilson Finley Company
c/o Vito D’Ambrosio
5901 Chapel Hill Rd.
Raleigh, NC 27607
(984) 444-8032
vdambrosio@wilsonfinley.com
5. Powerscreen of Florida, Inc.
c/o Alex Oak
5125 Frontage Rd N
Lakeland, FL 33810
(863) 687-7153
alexo@powerscreenfla.com
Official creditors' committees serve as fiduciaries to the general
population of creditors they represent. They may investigate the
debtor's business and financial affairs. Committees have the right
to employ legal counsel, accountants and financial advisors at a
debtor's expense.
About Southern Tree Professionals LLC
Southern Tree Professionals, LLC provides tree removal, pruning,
emergency response, land clearing, hauling, arborist services, and
green-waste management for residential, commercial, and municipal
clients across the Atlanta metropolitan area. It operates
throughout communities such as Marietta, Roswell, Sandy Springs,
Alpharetta, Smyrna, Buckhead, Brookhaven and Decatur, and works on
large-scale projects involving clearing, grubbing, debris haul-off
and site preparation for commercial contractors and government
entities including GDOT. It offers additional services such as
lightning-protection systems, mulch supply and excavating and
demolition work as part of its broader operations in the tree
services and land-management sector.
Southern Tree Professionals sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-21754) on
December 5, 2025. In the petition signed by Benjamin Townsend
Ellis, owner, the Debtor disclosed up to $50,000 in assets and up
to $50 million in liabilities.
William Rountree, Esq., at Rountree, Leitman, Klein & Geer, LLC,
represents the Debtor as legal counsel.
SPIRIT AVIATION: Amends DIP Credit Agreement for $100MM Third Draw
------------------------------------------------------------------
Spirit Aviation Holdings, Inc. disclosed in a Form 8-K Report filed
with the U.S. Securities and Exchange Commission that Spirit
Airlines, LLC, as borrower, the Required DIP Lenders (as defined in
the DIP Credit Agreement) and the Wilmington Trust, National
Association, as administrative agent and collateral agent, entered
into Amendment No. 1 to the DIP Credit Agreement on December 15,
2025.
The DIP Credit Agreement Amendment amends the DIP Credit Agreement
to, among other things:
(i) remove certain conditions to borrowing the $100,000,000 of
new money term loans available to be drawn on December 13, 2025;
(ii) require that the DIP Borrower and the guarantors maintain
$50,000,000 of the proceeds from the Third Draw New Money Term
Loans in certain encumbered accounts at all times prior to the date
on which the DIP Borrower:
(x) delivers to the DIP Lenders at least one indication
of interest with respect to a strategic transaction that is
acceptable to the Required DIP Lenders in their sole discretion,
(y) agrees upon the principal terms of an Acceptable Plan
of Reorganization (as defined in the DIP Credit Agreement) or
(z) delivers to the DIP Lenders at least one indication
of interest with respect to exit financing that is acceptable to
the Required DIP Lenders in their sole discretion; and
(iii) require the DIP Borrower to deliver to the Agent daily
reports showing cash and cash equivalents of the Debtors;
(iv) require the DIP Borrower to deliver to the Agent weekly
accounts receivable reports; and
(y) Reflects and incorporates modifications to be made to
the Final DIP Order, including as described below.
As of the December 16, 2025, the DIP Borrower has delivered to the
Agent a notice to borrow the full $100,000,000 principal amount of
the Third Draw New Money Term Loans.
"We are grateful to our lenders for continuing to support Spirit's
transformation, recognizing all the significant progress our team
has made in recent months," said Dave Davis, Spirit's President and
Chief Executive Officer. "We continue to provide high-value travel
options, which benefit American consumers whether they fly with us
or not, and look forward to welcoming our Guests aboard throughout
this holiday season and into the future."
Last week, Spirit announced that its Pilot and Flight Attendant
groups had ratified new agreements to support the Company's future.
In the past 60 days, Spirit also has dramatically repositioned its
fleet and improved its cost structure. The airline continues to
develop its product offerings, which range from economical to
premium, but in all cases are designed to offer compelling value,
while never deviating from delivering a top-tier operation.
"I want to thank our Pilots, Flight Attendants and the entire
Spirit team for taking such great care of our Guests and continuing
to deliver a world-class operation we all take pride in," Davis
said.
Attached to the DIP Credit Agreement Amendment as Exhibit B was a
copy of an amendment to the Final DIP Order reflecting
modifications and clarifications to the Final DIP Order as agreed
between the Debtors and the Required DIP Lenders.
The Final DIP Order will be amended to, among other things:
(i) clarify the categories of claims that constitute
"Administrative Claim Carve Out Claims";
(ii) provide for a cap for certain Administrative Claim Carve
Out Claims of $80,000,000; and
(iii) incorporate funding mechanics with respect to certain
Administrative Claim Carve Out Claims upon receipt of a Carve Out
Trigger Notice (as defined in the Final DIP Order).
The Debtors filed a copy of the Final DIP Order Amendment with the
Bankruptcy Court on December 16, 2025. The Final DIP Order
Amendment remains subject to approval by the Bankruptcy Court.
A full text copy of the DIP Credit Agreement Amendment and Final
DIP Order Amendment are available at https://tinyurl.com/52j4b9ak
About Spirit Aviation Holdings Inc.
Spirit Aviation Holdings, Inc. and its subsidiaries operate Spirit
Airlines, a U.S.-based low-cost carrier providing air
transportation services across the United States, Latin America,
and the Caribbean. They employ approximately 25,000 direct
employees and independent contractors.
Spirit Aviation Holdings and its subsidiaries sought protection
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. N.Y. Lead
Case No. 25-11897) on August 29, 2025. In the petition signed by
Frederick Cromer, authorized signatory, Spirit Aviation Holdings
disclosed $8,576,287,000 in assets and $8,096,842,000 in
liabilities as of June 30, 2025.
Judge Sean H. Lane oversees the cases.
The Debtors tapped Davis Polk & Wardwell, LLP as bankruptcy
counsel; PJT Partners LP as investment banker; FTI Consulting, Inc.
as restructuring, fleet and communications advisor; Debevoise &
Plimpton, LLP as fleet counsel; Morris, Nichols, Arsht & Tunnell,
LLP as conflicts counsel, and Ernst & Young, LLP as its audit and
tax services provider. Epiq Corporate Restructuring, LLC is the
claims, noticing, solicitation and administrative agent.
The U.S. Trustee for Region 2 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases. The
committee tapped Willkie Farr & Gallagher, LLP as legal counsel;
Alton Aviation Consultancy, LLC as specialized aviation advisor;
Jefferies. LLC as investment banker; and AlixPartners, LLP as
financial advisor.
SPOKE-N-SPORT: Case Summary & 20 Largest Unsecured Creditors
------------------------------------------------------------
Debtor: Spoke-N-Sport, Inc.
3401 S. Cliff Avenue
Sioux Falls SD 57105
Business Description: Spoke-N-Sport, Inc. operates a retail
sporting goods business specializing in
bicycles, cycling accessories, and related
repair and maintenance services, with
operations based in Sioux Falls, South
Dakota.
Chapter 11 Petition Date: December 19, 2025
Court: United States Bankruptcy Court
District of South Dakota
Case No.: 25-40404
Judge: Hon. Laura L Kulm Ask
Debtor's Counsel: Clair Gerry, Esq.
GERRY LAW FIRM, PROF. LLC
507 W. 10th Street
Sioux Falls SD 57104
Tel: 605-336-6400
E-mail: gerry@sgsllc.com
Total Assets: $212,600
Total Liabilities: $1,030,236
The petition was signed by Peter Oien as president.
A copy of the Debtor's list of 20 Largest Unsecured Creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/RRGD6LQ/Spoke-N-Sport_Inc__sdbke-25-40404__0002.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/RVVUPGQ/Spoke-N-Sport_Inc__sdbke-25-40404__0001.0.pdf?mcid=tGE4TAMA
ST. AUGUSTINE FOOT: Gets Interim OK to Use Cash Collateral
----------------------------------------------------------
St. Augustine Foot and Ankle, Inc. received second interim approval
from the U.S. Bankruptcy Court for the Middle District of Florida,
Jacksonville Division, to use cash collateral.
The court approved the Debtor's continued use of cash collateral
pending a further hearing on March 3, 2026.
The second interim order authorized the Debtor to use cash
collateral to pay the expenses set forth in its budget (subject to
a 10% variance per line item); court-approved payments including
U.S. Trustee quarterly fees; and any additional amounts approved in
writing by the U.S. Small Business Administration, a secured
creditor.
The SBA will be granted, as adequate protection, a replacement lien
on post-petition cash collateral equal in extent and priority to
its pre-bankruptcy lien without the need for additional filings.
As additional protection, St. Augustine Foot and Ankle must
maintain insurance coverage and allow the secured creditor access
to business records and premises for inspection upon notice.
The order is without prejudice to the rights of any party to seek
modifications of adequate protection, challenge liens, or assert
other remedies, including actions by any future creditors'
committee that may be appointed by the U.S. Trustee.
Additionally, the court authorized the Debtor's banks to continue
operating under existing deposit and cash management agreements.
Banks may process pre-bankruptcy checks and transactions in the
ordinary course, rely on the Debtor's representations about
payments, and continue charging normal account maintenance fees.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/PVRyG from PacerMonitor.com.
About St. Augustine Foot & Ankle Inc.
Based in St. Augustine, Fla., St. Augustine Foot & Ankle Inc. is a
multispecialty clinic offering podiatry, dermatology, vein
procedures, physical therapy, and neuropathy treatment, including
care for common foot conditions and wounds. The clinic is led by
board-certified podiatric surgeon Dr. Thomas A. LeBeau and provides
both conservative and minimally invasive outpatient treatments.
St. Augustine Foot & Ankle filed a petition under Chapter 11,
Subchapter V of the Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-03696) on October 14, 2025, listing between $100,001 and
$500,000 in assets and between $1 million and $10 million in
liabilities.
Bryan K. Mickler, Esq., at Mickler & Mickler represents the Debtor
as legal counsel.
STEINMETZ PLUMBING: Seeks Subchapter V Bankruptcy in Texas
----------------------------------------------------------
On December 16, 2025, Steinmetz Plumbing, Inc. filed for Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of Texas. According to court filings, the debtor reports between $1
million and $10 million in debt owed to between one and 49
creditors.
About Steinmetz Plumbing, Inc.
Steinmetz Plumbing, Inc. is a private plumbing services company
operating in the United States.
Steinmetz Plumbing, Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 25-37611) on December 16, 2025. In
its petition, the debtor reports estimated assets of $0 to $100,000
and estimated liabilities of $1 million to $10 million.
Honorable Bankruptcy Judge Eduardo V. Rodriguez handles the case.
The debtor is represented by Robert C. Lane, Esq., of The Lane Law
Firm.
STEPHAN CO: U.S. Trustee Appoints Asbestos Claimants' Committee
---------------------------------------------------------------
The U.S. Trustee for Region 21 appointed an official committee to
represent asbestos claimants in The Stephan Co.'s Chapter 11 case.
The committee members are:
1. Anthony Ward
12420 Mount Vernon Avenue, 6D
Grand Terrace, CA 92313
2. Gail Pizar
83 Fairway Drive
Santa Rosa Beach, FL 32459
3. Jason Lopez-Zambrano
3108 East 9th Street
Kansas City, MO 64124
4. Ryan William Newton
2793 Waterloo Road
Waterloo, IL 62298
5. Jody K. Meade
18249 Preston Street
Hesperia, CA 92345
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 The Stephan Co.
The Stephan Co., based in St. Petersburg, Florida, distributes
barber, beauty, and personal care products through a network of
companies including Morris Flamingo, Williamsport Bowman Barber
Supply, MD Barber, 614 Barber Supply, Appleton Barber Supply, and
Norva Barber Supply. Founded in 1897 in Worcester, Massachusetts,
it was the first professional men's hair care company in the United
States and pioneered distribution through the barber shop channel.
The Company markets brands such as Campbell's, Latherking, Stephan,
Barbermate, Stix Fix, and SuperCut, serving the professional beauty
and barber products industry.
The Stephan Co. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fl. Case No. 25-08937) on November 26,
2025. In its petition, the Debtor reports estimated assets between
$10 million and $50 million and estimated liabilities between $50
million and $100 million.
The Debtor tapped Verrill Dana, LLP as general bankruptcy counsel;
Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. as
Florida co-counsel; and Getzler Henrich as financial advisor.
SUPREME PLUMBING: Gets Interim OK to Use Cash Collateral
--------------------------------------------------------
Supreme Plumbing & Heating Supply, Inc. received interim approval
from the U.S. Bankruptcy Court for the District of New Jersey to
use cash collateral.
The court authorized the Debtor to use cash collateral to fund
operations in accordance with its budget.
The cash collateral is subject to the liens of the Debtor's primary
secured lender, Popular Bank. As adequate protection, Popular Bank
will be granted replacement lien on all post-petition assets of the
Debtor, with the same priority as the bank's pre-bankruptcy lien.
The final hearing will be held on January 8, 2026.
The interim order is available at https://is.gd/i6FZL5 from
PacerMonitor.com.
Popular Bank extended a $1.8 million term loan to the Debtor in
August 2024, which matured in August 2025 and was declared in
default in September 2025.
The loan is secured by a lien on inventory, equipment, books and
records, and remittances, and is personally guaranteed by the
Debtor's principal, Sholem Baum. The outstanding balance is
approximately $1.798 million. The Debtor asserts that the
collateral value substantially exceeds the loan balance, citing
inventory of over $3.1 million and accounts receivable of
approximately $800,000, exclusive of additional valuable equipment,
machinery, and vehicles, thereby providing a significant equity
cushion for Popular Bank.
The Debtor claims that it suffered operating losses in 2024 due to
adverse economic conditions, including tariffs and high financing
costs, but reports improving performance with monthly sales
exceeding $900,000 in late 2025 and strong growth potential. Use of
cash collateral is described as essential to fund ordinary
operating expenses, preserve and maintain assets, liquidate
inventory, and collect receivables for the benefit of the estate
and creditors.
The Debtor contends that projected collections during the interim
period will adequately protect Popular Bank's interests and notes
that it has received a letter of intent from a New York industry
participant to purchase the Debtor's assets at a price expected to
fully satisfy the Popular Bank loan.
About Supreme Plumbing & Heating Supply Inc.
Supreme Plumbing & Heating Supply, Inc. based in Clifton, New
Jersey, distributes plumbing and heating products and related
supplies primarily to professional contractors and end users. The
Company maintains a showroom, supports construction and renovation
projects with materials, and operates a small fleet for
deliveries.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. N.J. Case No. 25-23080) on December 10,
2025. In the petition signed by Sholem Baum, CEO, the Debtor
disclosed $4,219,892 in assets and $6,253,354 in liabilities.
Judge Vincent F. Papalia oversees the case.
Daniel M. Stolz, Esq., at GENOVA BURNS LLC, represents the Debtor
as legal counsel.
SYNERGY 768: Voluntary Chapter 11 Case Summary
----------------------------------------------
Debtor: Synergy 768 Inc.
9000 Brentwood Blvd., Suite A
Brentwood, CA 94513
Chapter 11 Petition Date: December 19, 2025
Court: United States Bankruptcy Court
Northern District of California
Case No.: 25-42384
Debtor's Counsel: David C. Johnston, Esq.
DAVID C. JOHNSTON
1600 G Street, Suite 102
Modesto, CA 95354
Tel: (209) 579-1150
E-mail: david@johnstonbusinesslaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Edmundo Cotas as chief executive
officer.
A list of the Debtor's 20 largest unsecured creditors was not
provided alongside the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/G5Z6UHA/Synergy_768_Inc__canbke-25-42384__0001.0.pdf?mcid=tGE4TAMA
TEDDER INDUSTRIES: Gets Interim OK to Use Cash Collateral
---------------------------------------------------------
Tedder Industries, LLC got the green light from the U.S. Bankruptcy
Court for the Southern District of Texas, Houston Division, to use
cash collateral to fund operations.
The court issued an interim order authorizing the Debtor to use
cash in its First Interstate Bank checking accounts, which
constitutes cash collateral of Main Street Capital Corporation as
lenders' agent.
The total operating disbursements under the budget must not exceed
15% on a total-disbursements cumulative basis for each rolling
four-week period.
As adequate protection, Main Street Capital will be granted
first-priority senior additional and replacement security interests
in and liens on its pre-bankruptcy collateral and all of the
Debtor's post-petition assets. The replacement liens do not apply
to Chapter 5 causes of action.
As further protection, Main Street Capital is entitled to allowed
superpriority administrative expense claims.
Events of default under the interim order include dismissal or
conversion of the Debtor's Chapter 11 case to one under Chapter 7
without the lender's consent; appointment of a trustee or examiner,
with authority to affect the operation of the
Debtor's business; and failure to achieve the milestones without
first obtaining the lender's consent to extend or waive such
milestones.
The milestones require marketing for the sale of the Debtor's
assets to begin by January 5, 2026; final bids by March 5, 2026;
execution of a purchase agreement by March 20, 2026; entry of a
sale order by March 26, 2026; and consummation of the sale by April
2, 2026.
The final hearing is set for January 12, 2026. The deadline for
filing objections is on January 6, 2026.
The interim order is available at https://is.gd/asaOD2 from
PacerMonitor.com.
Founded in 2010 by Thomas Tedder, Tedder Industries grew from a
small startup into a recognized manufacturer of American-made,
injection-molded gun holsters, serving consumers, business
customers, U.S. military branches, international defense
organizations, and law enforcement agencies. To finance its growth,
the Debtor obtained secured financing from Main Street Capital
Corporation, which also indirectly holds a majority equity interest
in the Debtor through affiliated entities.
As of the petition date, the Debtor had approximately $20.55
million in funded secured debt outstanding, consisting primarily of
a senior secured term loan of $19 million and a revolving credit
facility of approximately $1.55 million. These obligations arise
from a loan agreement entered into in 2018 with Main Street Capital
Corporation, which was later amended to increase both term loan
borrowings and revolving commitments. Including accrued interest,
the total obligations under the loan documents exceed $25 million.
The secured lender, acting as agent for the lenders, holds valid,
perfected liens on substantially all of the Debtor's assets,
including cash, accounts, inventory, equipment, intellectual
property, and other personal property, all of which constitute
prepetition collateral and, in the case of cash, cash collateral.
The Debtor has approximately $730,000 in cash on hand, all of which
is subject to the lenders' liens and therefore qualifies as cash
collateral. Continued access to this cash is essential for the
Debtor to maintain operations, pay employees, preserve
relationships with vendors and customers, meet working capital
needs, and fund the Chapter 11 process.
About Tedder Industries LLC
Tedder Industries, LLC is a Texas limited liability company with a
principal place of business in Idaho that operates a consumer-brand
manufacturing business in the firearms and accessories market,
producing American-made injection-molded gun holsters for
institutional purchasers, B2B partners, and direct-to-consumer
channels. The company conducts business in the marketplace under
the name Alien Gear Holsters and manufactures various holster
types, including hybrid and modular designs, for concealed-carry
users and other end markets. Tedder supplies its products to U.S.
military branches, international militaries, defense organizations,
and law-enforcement agencies.
Tedder Industries sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Texas Case No. 25-90805) on December
8, 2025, listing between $10 million and $50 million in both assets
and liabilities. Thomas Magrath, president of Tedder Industries,
signed the petition.
Judge Alfredo R. Perez oversees the case.
Jeff Protok, Esq., at Vartabedian Hester & Haynes, LLP, represents
the Debtor as legal counsel.
Main Street Capital Corporation, as lender, is represented by:
Joshua W. Wolfshohl, Esq.
Joanna D. Caytas, Esq.
Porter Hedges, LLP
1000 Main Street, 36th Floor
Houston, TX 77002
Phone: (713) 226-6000
Fax: (713) 228-1331
jwolfshohl@porterhedges.com
apower@porterhedges.com
jcaytas@porterhedges.com
TELEFLEX INC: Moody's Alters Outlook on Ba1 CFR to Stable
---------------------------------------------------------
Moody's Ratings affirmed the ratings of Teleflex Incorporated
("Teleflex") including the Ba1 Corporate Family Rating, Ba1-PD
Probability of Default Rating and the Ba2 rating on the senior
unsecured notes. The company's Speculative Grade Liquidity Rating
(SGL) was unchanged at SGL-1. Moody's also revised the outlook to
stable from negative.
The revision of Teleflex's outlook to stable reflects a reduction
in execution risk and improved deleveraging prospects following
several positive developments. The company successfully closed the
BIOTRONIK Vascular Intervention acquisition ahead of schedule, and
management has indicated that integration is progressing well.
In addition, on December 09, Teleflex entered into definitive
agreements to sell its Acute Care, Interventional Urology, and OEM
businesses, shifting from its original plan to pursue a spin-off of
these assets. Teleflex will sell the Acute Care and Interventional
Urology businesses for $530 million to Intersurgical® Ltd, and the
OEM business to private equity firms for $1.5 billion. These asset
sales provide certainty around cash proceeds and reduce execution
and regulatory risks related to the spin. Moody's expects leverage
to decline to 2.9x by year-end 2026, pro forma for the asset sales
and debt repayment.
The ratings affirmation reflects Teleflex's track record of
operating with low to moderate financial leverage and very good
liquidity. Teleflex continues to generate very strong free cash
flow, underpinned by solid margins and continued earnings growth.
Moody's expects Teleflex to maintain strong credit metrics and
moderate financial policies after the asset sales.
RATINGS RATIONALE
Teleflex's Ba1 Corporate Family Rating benefits from the company's
scale, leading market positions in key products, and good revenue
diversity by products and customers. While Teleflex will become a
smaller company following the sale of its Acute Care,
Interventional Urology, and OEM businesses, the remaining portfolio
will focus on higher-growth vascular access, interventional, and
surgical products, supporting continued revenue diversity and
competitive positioning.
Further, Moody's expects the company to continue to generate robust
free cash flow, maintain strong interest coverage, and operate with
moderate financial leverage. The company's debt/EBITDA on a Moody's
adjusted basis was approximately 3.5x for the twelve months ended
September 30, 2025, which Moody's expects will drop to 2.9x by
year-end 2026 pro forma for the asset sales and debt reduction.
Teleflex's rating is constrained by industrywide pricing pressures
as well as payors' increased focus on value-based healthcare. The
risk of technology obsolescence and competition from much larger
medical products companies are also constraining factors. Teleflex
will continue to remain acquisitive and will use debt to fund
acquisitions.
Moody's expects Teleflex's liquidity to remain very good over the
next 12–18 months. As of September 30, 2025, the company had $354
million in cash and $450 million drawn on its $1 billion revolver.
Teleflex will use a significant portion of the asset sale proceeds
to repay debt, which Moody's expects will include a substantial
reduction of the term loan balance. Moody's also expects the
company to continue generating strong internal cash flow.
The stable outlook reflects Moody's expectations that the asset
sales will close as planned, leverage will decline with subsequent
debt paydown, and Teleflex will maintain strong earnings growth.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Teleflex's ratings could be upgraded if the company delivers
sustained earnings growth and maintains strong operating
performance as a stand-alone business following the asset sales. In
addition, a material increase in scale and product sophistication
could support a ratings upgrade. The ratings could also be upgraded
if the company sustains debt/EBITDA below 2x and demonstrates a
commitment to conservative financial policies post-sale.
The ratings could be downgraded if the company experiences
performance setback with the asset sales, or if Teleflex does not
use the sale proceeds (after planned share repurchases) to
materially reduce debt. Quantitatively, debt/EBITDA sustained above
3 times could also lead to a downgrade.
Teleflex Incorporated, headquartered in Wayne, Pennsylvania, is a
provider of medical technologies in the fields of vascular and
interventional access, surgical, anesthesia, cardiac care,
interventional urology, emergency medicine and respiratory care.
The company is a manufacturer of medical devices including
single-use disposable devices and, to a lesser extent, reusable
devices, instruments and capital equipment. It has production
facilities located in the United States, Czech Republic, Malaysia
and Mexico. The company is publicly traded, and its annual revenues
for the last twelve months ending on September 30, 2025, were
approximately $3.2 billion.
The principal methodology used in these ratings was Medical
Products and Devices published in October 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
TELLICO RENTALS: To Sell Tellico Plains Asset to D. & J. DeWalt
---------------------------------------------------------------
Tellico Rentals, LLC, seeks approval from the U.S. Bankruptcy Court
for the Eastern District of Tennessee, Northern Division, to sell
Property located at 0 Cherohala Skyway, Tellico Plains, Monroe
County, TN 37385, to David DeWalt and Jane DeWalt in the purchase
price of $115,000.00.
The sale is to be made by private sale. The terms and conditions of
the sale are listed in the attached Purchase and Sale Agreement and
are conditioned upon the following additional terms:
a. The State Tax Lien of the State of Tennessee Department of
Revenue recorded at Book M332, Page 632 shall not be paid at this
closing, and shall be partially released as to the Property, but
shall continue to attach to all of Debtor's remaining property.
b. Realtor's commissions, closing costs, and prorated property
taxes shall be paid at closing.
c. The Deed of Trust Lien of Mary Jane Saunders recorded at Book
U-40, Page 230 attaches to any and all proceeds of sale up to the
full amount of their payoff as of the date of such sale.
d. Saunders shall be paid all net proceeds remaining after
realtor's commissions, closing costs, and prorated property taxes
in exchange for a partial release as to the Property.
e. Debtor requests that the stay provided for in FRBP 6004(h) be
waived.
f. The Debtor shall set aside sufficient funds to cover applicable
U.S. Trustee fees.
About Tellico Rentals LLC
Tellico Rentals, LLC offers cabin rental services in Tellico
Plains, Tennessee. It provides a range of accommodations, including
riverfront lodges, group cabins, and pet-friendly units near the
Cherohala Skyway and Tellico River.
Tellico Rentals sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tenn. Case No. 25-12707) on October 9,
2025, listing up to $50,000 in assets and between $500,001 and $1
million in liabilities. On October 30, 2025, the case was
transferred from the Southern Division to the Northern Division and
was assigned a new case number (Case No. 25-32044).
Judge Suzanne H. Bauknight oversees the case.
The Debtor is represented by W. Thomas Bible, Jr., Esq., at Tom
Bible Law.
THERAPEUTICS MD: Five Key Proposals Approved at Annual Meeting
--------------------------------------------------------------
TherapeuticsMD Inc. held its 2025 Annual Meeting. At the close of
business on October 20, 2025, the record date for the determination
of stockholders entitled to vote at the Annual Meeting, there were
11,574,362 shares of the Company's common stock, par value $0.001
per share, outstanding and entitled to vote at the Annual Meeting.
The holders of 6,842,247 shares of Common Stock were represented
virtually or by proxy at the Annual Meeting, constituting a quorum.
At the Annual Meeting, the stockholders of the Company considered
and voted on proposals to:
(1) elect four directors to serve until the Company's next
annual meeting of stockholders or until their successors are duly
elected and qualified;
(2) approve, on a non-binding advisory basis, the compensation
of the Company's named executive officers for the fiscal year ended
December 31, 2024;
(3) to provide a non-binding advisory vote on the frequency of
future non-binding advisory votes on the compensation of our named
executive officers;
(4) ratify the appointment of Berkowitz Pollack Brant Advisors
+ CPAs, LLP, an independent registered public accounting firm, as
the independent auditor of the Company for the fiscal year ending
December 31, 2025; and
(5) to approve an amendment to our Amended and Restated
Articles of Incorporation, as amended, to increase the number of
authorized shares of common stock, $0.001 par value per share, to
640,000,000 shares.
Set forth are the final voting results for each proposal submitted
to a vote of the stockholders at the Annual Meeting. More
information on the following proposals are available in the
Company's Definitive Proxy Statement on Schedule 14A, filed with
the United States Securities and Exchange Commission on November 3,
2025.
Proposal 1: All of the four nominees for the Company's Board of
Directors were elected to serve until the Company's next annual
meeting of stockholders or until their successors are duly elected
and qualified, by the votes:
1. Tommy G. Thompson
* For: 5,210,964
* Withheld: 41,488
* Broker Non-Votes: 1,589,795
2. Cooper C. Collins
* For: 5,175,205
* Withheld: 77,247
* Broker Non-Votes: 1,589,795
3. Gail K. Naughton, Ph.D.
* For: 5,223,784
* Withheld: 28,668
* Broker Non-Votes: 1,589,795
4. Justin Roberts
* For: 5,138,982
* Withheld: 113,470
* Broker Non-Votes: 1,589,795
Proposal 2: The Company's stockholders approved, on a non-binding
advisory basis, the compensation of the Company's named executive
officers for the fiscal year ended December 31, 2024, by the
votes:
* For: 5,162,545
* Against: 81,614
* Abstain: 8,293
* Broker Non-Votes: 1,589,795
Proposal 3: The Company's stockholders approved a 1-year voting
frequency, on a non-binding advisory basis, the frequency of future
non-binding advisory vote on the compensation of our named
executive officers, by the votes:
A. 1-Year
* Votes Submitted: 5,184,870
* Broker Non-Votes: 1,589,795
B. 2-Year
* Votes Submitted: 30,885
* Broker Non-Votes: --
C. 3-Year
* Votes Submitted: 15,369
* Broker Non-Votes: --
D. Withhold/Abstain
* Votes Submitted: 21,328
* Broker Non-Votes: --
In addition, based upon these results, the Company's Board of
Directors has determined to hold the non-binding advisory vote on
the compensation of the Company's named executive officers every
year, until the next required vote on the frequency of future
non-binding advisory votes on the compensation of the Company's
named executive officers.
Proposal 4: The Company's stockholders ratified the appointment of
Berkowitz Pollack Brant Advisors + CPAs, LLP, an independent
registered public accounting firm, as the independent auditor of
the Company for the fiscal year ending December 31, 2025, by the
votes:
* For: 6,768,667
* Against: 42,200
* Abstain: 31,380
* Broker Non-Votes: 0
Proposal 5: The Company's stockholders approved an amendment to the
Company's Amended and Restated Articles of Incorporation, as
amended, to increase the number of authorized shares of common
stock, $0.001 par value per share, to 640,000,000 shares, by the
votes:
* For: 6,265,554
* Against: 548,884
* Abstain: 27,809
* Broker Non-Votes: 0
About TherapeuticsMD Inc.
TherapeuticsMD Inc. was previously a women's healthcare Company
with a mission of creating and commercializing innovative products
to support the lifespan of women from pregnancy prevention through
menopause. In December 2022, the Company changed its business to
become a pharmaceutical royalty Company, primarily collecting
royalties from its licensees. The Company is no longer engaging in
research and development or commercial operations.
West Palm Beach, Fla.-based Berkowitz Pollack Brant, Advisors +
CPAs, the Company's auditor since 2023, issued a "going concern"
qualification in its report dated March 27, 2025, attached to the
Company's Annual Report on Form 10-K for the year ended Dec. 31,
2024, citing that the Company's recent change in operations and
negative cash flow position along with other conditions, raise
substantial doubt about the Company's ability to continue as a
going concern.
As of September 30, 2025, the Company had $38.7 million in total
assets, $11.2 million in total liabilities, and $27.4 million in
total stockholders' equity.
TORRID LLC: Moody's Lowers CFR to Caa1 & Alters Outlook to Stable
-----------------------------------------------------------------
Moody's Ratings downgraded Torrid LLC (Torrid) corporate family
rating to Caa1 from B3, probability of default rating to Caa1-PD
from B3-PD, and senior secured term loan rating to Caa2 from Caa1.
The speculative grade liquidity rating (SGL) remains unchanged at
SGL-3. The outlook was changed to stable from negative.
The downgrade reflects the greater than expected deterioration in
Torrid's operating performance in Q3 2025, which was driven mainly
by the company's execution missteps. Moody's projects
Moody's-adjusted EBITA/interest to decline below 1x in 2025 and
full-year free cash flow to be modestly negative, reflecting
further earnings declines expected in the fourth quarter. The
downgrade also reflects governance considerations, including the
risk of further aggressive financial policies, evidenced by the
share repurchases in 2025, which reduced the company's financial
flexibility.
RATINGS RATIONALE
Torrid's Caa1 CFR is constrained by the company's declining
operating performance and Moody's expectations for limited free
cash flow generation. Although LTM Q3 2025 funded leverage is
moderate at 4.4x, interest coverage is weak as the business remains
well below its peak earnings. In addition, the credit profile
incorporates Torrid's very high business risk as a relatively small
retailer in the highly competitive and fashion sensitive women's
apparel sector, with exposure to mall traffic in about two-thirds
of its stores. While the company has outlined a comprehensive plan
to strengthen profitability through assortment correction and store
closures, the timing and magnitude of these improvements remain
uncertain. Despite the potential for recovery in 2026 and its
adequate liquidity, Torrid's credit profile is constrained by
reduced earnings visibility and elevated execution risk.
Torrid's credit profile benefits from the company's position in the
niche plus-sized apparel category, with a focus on fit that drives
high customer loyalty. Torrid has a significant e-commerce
business, representing over 60% of revenue. Moody's projects
overall liquidity to be adequate over the next 12-18 months,
including modestly positive annual free cash flow after term loan
amortization payments in 2026, a lack of debt maturities until
2028, and adequate availability under the asset-based revolving
credit facility.
The stable outlook reflects Moody's expectations for earnings
recovery and adequate liquidity over the next 12-18 months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be downgraded if liquidity weakens, including
negative free cash flow after 2025 or increased revolver reliance.
Increased risk of default or lower recovery estimates could also
result in a downgrade.
The ratings could be upgraded if operating performance improves,
including revenue and earnings recovery and solid positive free
cash flow, while maintaining at least adequate overall liquidity.
Quantitatively, Moody's-adjusted EBITA/interest expense sustained
above 1.5x could lead to an upgrade.
Torrid LLC is a designer and retailer of apparel, intimates and
accessories in North America, targeting women that wear sizes
10-30. The company's products are sold through its e-commerce
operations and over 500 company-operated retail stores. Revenue for
the twelve months ended November 1, 2025 was approximately $1.0
billion. The company is publicly traded but majority-owned by funds
affiliated with Sycamore Partners.
The principal methodology used in these ratings was Retail and
Apparel published in September 2025.
The differential between the B2 scorecard-indicated outcome and the
actual Caa1 CFR reflects the company's weak operating performance,
low free cash flow and aggressive financial policies.
TP BRANDS: U.S. Trustee Unable to Appoint Committee
---------------------------------------------------
The U.S. Trustee for Region 21, until further notice, will not
appoint an official committee of unsecured creditors in the Chapter
11 case of TP Brands Worldwide, Inc.'s affiliate, TP Brands
International, Inc.
About TP Brands
Palmetto, Fla.-based TP Brands manufactures and imports flooring
products, door components, ready-to-assemble kitchen cabinets, and
bathroom vanities, offering a full domestic inventory and services
across North America. Its products are distributed through
networks of distributors and dealers in North and South America. It
also provides private label programs and OEM services, as well as
product development, sourcing, and oversight.
TP Brands Worldwide Inc. and affiliates, TP Brands International
Inc. and Premfloor, Inc., filed separate Chapter 11 bankruptcy
petitions (Bankr. M.D. Fla. Lead Case No. 25-08424) on Nov. 10,
2025, before the Hon. Caryl E Delano.
Worldwide and Premfloor listed $0 to $50,000 in estimated assets
and $1 million to $10 million in estimated liabilities.
International listed $500,000 to $1 million in estimated assets and
$10 million to $50 million in estimated liabilities. The petitions
were signed by Thomas J. Winter as president.
Edward J. Peterson, Esq., and Clay B. Roberts, Esq., at Berger
Singerman, LLP, serve as the Debtors' counsel.
TRICOLOR AUTO: CEO Took in $30MM Prepetition, Suit Alleges
----------------------------------------------------------
Scott Carpenter of Bloomberg Law reports that Tricolor Holdings
founder Daniel Chu collected nearly $30 million in compensation in
the year leading up to the subprime auto lender's collapse amid
alleged fraud, according to a lawsuit filed by the trustee
overseeing the company's liquidation. The complaint alleges that
the payments were made as the company's financial condition
deteriorated.
The trustee claims the compensation constituted improper transfers
that benefited insiders while creditors were left with significant
losses. The lawsuit seeks to recover the funds for the benefit of
the bankruptcy estate, arguing the payments should be clawed back
under insolvency and fraudulent transfer laws.
About Tricolor Auto Acceptance
Tricolor Auto Acceptance is an Irving, Texas-based subprime auto
lender.
Tricolor Auto Acceptance, together with its parent Tricolor Auto
Group and other affilites sought relief under Chapter 7 of the U.S.
Bankruptcy Code(Bankr. N.D. Tex. Case No. 25-33497) on September
10, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 billion and $10 billion each.
The Debtor is represented by Thomas Robert Califano, Esq. at Sidley
Austin LLP.
TRIPLE-G-GUNITE: Seeks Cash Collateral Access Until June 2026
-------------------------------------------------------------
Triple-G-Gunite, Inc asks the U.S. Bankruptcy Court for the Eastern
District of California, Sacramento Division, for authority to use
cash collateral and provide adequate protection.
The business, owned equally by Juan Carlos Gomora and Christopher
D. Gunn, operates from leased premises in Sacramento and relies
heavily on accounts receivable and equipment-generated proceeds to
fund day-to-day operations. The court previously approved interim
and final cash collateral use through December 31, 2025, and the
debtor represents that it has made all required adequate protection
payments under those orders.
The Debtor seeks authorization to use cash collateral from January
1, 2026 through June 30, 2026, consistent with a detailed operating
budget, with a permitted 15% variance. The budget includes ordinary
operating expenses as well as insider compensation, including
weekly salary payments to Christopher Gunn as office staff and
hourly wages to Juan Carlos Gomora as site manager, along with
limited non-cash benefits such as use of company vehicles and cell
phones. The Debtor asserts that continued access to cash collateral
is critical to maintaining operations and preserving going-concern
value.
The Debtor identifies six secured creditors asserting UCC-based
security interests in substantially all of the debtor’s personal
property, primarily arising from merchant cash advance
transactions. ALT BANQ, Inc. is identified as the largest secured
creditor, holding a first-priority lien with an estimated claim of
$340,000, followed by Samson MCA LLC, Black Olive Capital LLC, East
Hudson Capital LLC, Eminent Funding LLC, and JRG Funding LLC, each
with asserted balances ranging from approximately $120,000 to
$197,000.
To provide adequate protection, the Debtor proposes granting
replacement liens on post-petition cash collateral and similar
assets, excluding avoidance actions, and making monthly cash
payments to each secured creditor in amounts tied to their asserted
claims.
The Debtor contends that these protections, combined with the
proposed budget controls, satisfy Bankruptcy Code requirements and
that denial of the motion would cause immediate and irreparable
harm to its ability to operate during the Chapter 11 process.
A hearing on the matter is set for December 30, 2025 at 11 a.m.
A copy of the motion is available at https://urlcurt.com/u?l=FHpvQ8
from PacerMonitor.com.
About Triple-G-Gunite Inc.
Triple-G-Gunite Inc., doing business as Triple G Gunite Inc.,
Triple G Gunite, Triple-G-Gunite, and TripleGGunite, specializes in
gunite application, providing custom concrete solutions for
residential, commercial, and industrial projects in Sacramento and
surrounding areas. The Company offers services including pool and
spa construction, erosion control, and structural foundations,
using shotcrete and advanced techniques. It partners with
homeowners, contractors, and developers to deliver durable and
tailored concrete structures.
Triple-G-Gunite relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Cal. Case No. 25-22625) on May 28,
2025. In its petition, the Debtor reported between $1 million and
$10 million in both assets and liabilities.
Judge Christopher M. Klein handles the case.
The Debtor is represented by Gabriel E. Liberman, Esq., at the Law
Offices of Gabriel Liberman, APC.
TUNGSTEN CAYCO: Fitch Affirms B- LongTerm IDR, Outlook Negative
---------------------------------------------------------------
Fitch Ratings has affirmed the Long-Term Issuer Default Ratings
(IDRs) for Tungsten CayCo, Ltd. and its subsidiary, Project Leopard
Holdings, Inc. (collectively referred to as Tungsten) at 'B-'. The
Rating Outlook is Negative. Fitch has also assigned a 'BB-' rating
with a Recovery Rating of 'RR1' to Tungsten's ABL facility issued
by Tungsten Automation AR SPV, LLC and Tungsten Automation
Receivables European Purchaser SPV. Fitch has affirmed the first
lien term loan and RCF at 'B+'/'RR2' and the second-lien term loan
at 'CCC'/'RR6'.
The Negative Outlook reflects Tungsten CayCo, Ltd.'s (Tungsten)
weakening liquidity profile. The company is increasingly reliant on
its RCF and ABL facility amid ongoing pressure on cash flow
generation. However, management's cost-cutting efforts have
supported margin levels, and the company maintains a strong
position in the intelligent automation (IA) industry with high
recurring revenues. Fitch expects the company to start generating
positive FCF in 2026.
Key Rating Drivers
Weakening Liquidity Profile: Tungsten is increasingly reliant on
its revolver and newly issued ABL facility as it navigates its cash
flow generation challenges. As of Sept. 30, 2025, Tungsten has
drawn $102.5 million out of its $150 million revolver, decreasing
availability to $47.5 million. Given its negative FCF generation,
the company remains heavily reliant on this revolver and ABL
access.
Furthermore, while the first lien term loan matures in 2029 and the
second lien loan in 2030, the revolver is approaching its July 2027
maturity in 19 months. This timeline, coupled with the accelerated
draw rate, will increasingly pressure the company's liquidity
cushion, though immediate refinancing risk remains limited.
Elevated Financial Leverage: Fitch forecasts Tungsten's EBITDA
leverage (Fitch-adjusted) will remain above 8.0x in the near term
and increase in 2025 from the prior year's levels due to revolver
and ABL draws and lower EBITDA generation. Beyond 2025, Fitch
forecasts modest deleveraging, supported by projected EBITDA growth
and mandatory debt amortization requirements. Given the scale and
the private equity ownership of the company, Fitch believes
Tungsten is likely to optimize return on equity (ROE) while
maintaining some financial leverage.
FCF Remains Negative: Tungsten is experiencing a period of negative
FCF generation as it shifts from a perpetual license to a recurring
revenue model, leading to temporary revenue and EBITDA headwinds.
Increased interest rates have further raised expenses, placing
additional strain on Tungsten's FCF. Fitch calculates the EBITDA
interest coverage for the company at 1.3x in 2024 and expects it to
dip slightly in 2025 and improve above 1.25x in 2026 and beyond.
FCF is likely to remain negative in 2025 as the company continues
to face a high interest burden.
Recurring Revenue Provides Visibility: Fitch views Tungsten's
higher proportion of recurring revenue as credit positive.
Recurring revenues accounted for 91% of revenues as of Sept. 30,
2025, as its perpetual license revenues continue to decline. This
is a result of the 2021 pivot away from perpetual licenses. In LTM
3Q25, annual recurring revenue grew by 7% and Fitch forecasts
annual recurring revenue (ARR) will continue to grow. These
factors, along with the company's strong retention rate and the
sticky nature of its products, support its credit profile.
Diverse Customers and Markets: The company offers its products to
many customers globally, and its markets are diverse. Tungsten has
secured several global banks as clients, as well as Fortune 100 and
some Forbes Global 2000 companies. It has a leading IA platform
that allows its customers to automate high volume manual processes,
allowing companies to greatly improve efficiencies. IA accounts for
majority of revenues, with the remaining coming from document
automation and security. Its largest markets include financial
institutions, manufacturing, retail, healthcare and government
organizations.
Peer Analysis
Fitch assesses Tungsten's rating relative to other technology
companies that provide a range of similar software offerings.
Compared to other players, which offer IA products, such as Open
Text Corporation (BB+/Stable), Tungsten operates at a smaller scale
and has higher leverage.
Fitch expects Tungsten to maintain some level of financial leverage
as a private equity owned company, as equity owners optimize
capital structure to maximize returns on equity. Its market
position, revenue scale and visibility, as well as its leverage
profile, are consistent with the 'B-' rating category.
Fitch's Key Rating-Case Assumptions
-- Revenue is projected to grow in the low-single-digit range
throughout the forecast horizon.
-- Fitch adjusted EBITDA margins are projected to remain over 37%;
As of 3Q25, the company reported ARR-based EBITDA margin was
41.4%.
-- Capex intensity is forecasted at about 1% of revenue;
-- To calculate interest expense, Fitch assumes that the average
floating rate in 2025 and in each of the following years is as
follows: 4.25%, 3.37%, 3.15% and 3.29%;
-- FCF projected to be negative in 2025 and turning positive
thereafter;
-- Fitch assumes the revolver maturity will get extended in 2027;
-- No dividend payments are projected through 2028.
Recovery Analysis
The recovery analysis assumes that Tungsten would be reorganized as
a going concern in bankruptcy rather than liquidated.
Fitch assumes a 10% administrative claim.
Going Concern Approach
Fitch assumes Tungsten enters a distressed scenario as a result of
the company's loss of market share due to intensified competition.
In this case, Fitch assumes revenues will drop by 10% from LTM
September 2025 and an EBITDA margin at 37% as the company continues
spending on sales and marketing to regain lost market share. This
would lead to a going concern EBITDA of $196 million. Fitch assumes
that the company's going concern EBITDA is unchanged from Fitch's
last Rating Recovery analysis.
An enterprise valuation multiple of 7x EBITDA is applied to the
going concern EBITDA to calculate a post-reorganization enterprise
value (EV). The choice of this multiple considered the following
factors:
-- In the 2024 "Telecom, Media and Technology Bankruptcy Enterprise
Values and Creditor Recoveries" case study, Fitch noted the median
Telecom, Media, and Technology (TMT) multiple of reorganization EV
to EBITDA is around 5.9x. Among the companies covered in this
study, five were in the software subsector: SunGard Availability
Services Capital, Inc. (4.6x), Aspect Software, Inc. (5.5x), Allen
Systems Group, Inc. (8.4x), Avaya, Inc. (8.1x in 2017, 7.5x in
2023) and Riverbed Technology Software (8.3x).
-- Tungsten's rising and resilient recurring sales, mission
critical nature of the product, brand recognition, leadership
position in revenue operations management and cash generative
qualities supports the 7.0x recovery multiple.
-- Fitch assumes the ABL facility will be fully drawn at the time
of recovery and rates it at 'RR1', which results in the ABL
facility being rated 'BB-', three notches above the IDR. Fitch
assumes a full draw on the $150 million revolver and the resulting
recovery for the first lien debt is 'RR2', which notches the
instrument rating up two from the IDR to 'B+'. For the second lien
loan, the recovery rating is 'RR6', which results in the instrument
being notched down two from the IDR to 'CCC'.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to a
Revision of Outlook to Stable
-- The Outlook could be revised to Stable if the company addresses
its upcoming July 2027 revolver maturity.
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
-- Insufficient liquidity to sustain operations for next 12-24
months;
-- (Cash flow from operations (CFO) minus capital expenditure
(capex)) to debt trending toward 0% or negative on a sustained
basis;
-- EBITDA interest coverage below 1.25x on a sustained basis;
-- Organic revenue growth sustaining near or below 0%.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
-- EBITDA leverage below 7.5x on a sustained basis;
-- (CFO-Capex) to debt above 2.5% on a sustained basis;
-- EBITDA interest coverage above 1.5x on a sustained basis.
Liquidity and Debt Structure
As of Sept. 30, 2025, Tungsten had cash on the balance sheet of $34
million, up from $27 million on Sept. 30, 2024. As of Sept. 30,
2025, $102.5 million was drawn on the $150 million revolver. In
2023 and 2024, FCF was negative and is expected to be negative in
2025 before turning positive again.
Tungsten's capital structure comprises of a $1.346 billion first
lien term loan due 2029, an incremental $50 million loan issued in
March 2023, a $60 million ABL facility and $150 million RCF. In
addition, the company has a $348 million secured second lien loan
due 2030. The $150 million first lien revolver is due in 2027.
Issuer Profile
Tungsten is a privately held company that offers its customers IA
solutions that allow them to automate high volume manual processes,
allowing companies to significantly improve efficiencies. In
addition, it also offers document automation and security
solutions.
RATINGS ACTION
Rating Prior
Tungsten Automation Receivables
European Purchaser SPV
senior secured LT BB- New Rating RR1
Tungsten Automation
AR SPV, LLC
senior secured LT BB- New Rating RR1
Tungsten CayCo, Ltd. LT IDR B- Affirmed B-
Project Leopard
Holdings, Inc. LT IDR B- Affirmed B-
senior secured LT B+ Affirmed RR2 B+
Senior Secured
2nd Lien LT CCC Affirmed RR6 CCC
UNITED WHOLESALE: Moody's Affirms 'Ba3' CFR, Outlook Stable
-----------------------------------------------------------
Moody's Ratings has affirmed the Ba3 corporate family rating and
long-term senior unsecured debt rating of United Wholesale
Mortgage, LLC (UWM) and the Ba3 backed long-term senior unsecured
debt rating of UWM Holdings, LLC. The outlook on both entities is
stable.
The rating action follows the announcement by UWM Holdings
Corporation, UWM's indirect parent, and Two Harbors Investment
Corp. (TWO, unrated) that they have entered into a definitive
merger agreement under which UWM will acquire TWO in an all-stock
transaction. The companies anticipate that the transaction will
close in the second quarter of 2026.
RATINGS RATIONALE
The affirmation of the ratings reflects the acquisition's
credit-positive impact on UWM's financial profile. Nevertheless,
while the company expects capitalization to increase materially
post-closing, it will remain a constraint on any potential upgrade
of the company's ratings.
Upon successful integration, Moody's expects the combined entity's
increased scale to enhance operating leverage, boost earnings, and
moderately reduce earnings volatility. On a pro forma basis, the
merged companies will become the largest residential mortgage
originator and the eighth-largest residential mortgage servicer in
the US.
The acquisition will diversify UWM's revenue streams and reduce its
reliance on origination volumes, which tend to exhibit higher
revenue volatility. Additionally, the transaction could accelerate
UWM's transition to in-house servicing, further lowering servicing
costs. While Moody's believes that integration risks will be
modest, governance considerations were a key factor in the rating
action.
The affirmation also reflects UWM's strong franchise in the US
mortgage market as one of the largest overall residential mortgage
originators and the leading wholesale broker originator for the
past decade. Given its strong earnings capacity, UWM is well
positioned to benefit when origination volumes recover from current
depressed levels. Moody's expects the company's through-the-cycle
average profitability to be at least 4.0% of average assets.
Historically, UWM's capitalization has been solid. However,
leverage has increased in recent years, driven by growth in
mortgage loans at fair value and a high dividend payout ratio.
Consequently, tangible common equity (TCE) to tangible managed
assets excluding Ginnie Mae loans eligible for repurchase (TMA)
declined to 9.8% as of September 30, 2026, from 22.5% at year-end
2023. At the closing of the TWO acquisition, the company projects
that TCE/TMA will materially improve to 14.1% on a pro forma basis
as of September 30, 2026. Over time, Moody's believes
capitalization will strengthen from current levels, supported by
the company's earnings potential.
UWM's Ba3 senior unsecured debt ratings are aligned with the CFR,
reflecting the company's historically modest reliance on secured
corporate debt, which ranks senior to its unsecured obligations.
While Moody's expects secured corporate debt to increase at
closing, Moody's anticipates that over time the company will
continue to rely only modestly on secured corporate debt.
UWM's stable outlook reflects Moody's expectations that, over the
next 12-18 months, the acquisition integration will proceed
smoothly, profitability and capitalization will continue to
strengthen, and funding and liquidity will remain broadly
unchanged.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if the company: 1) commits to a
financial policy of maintaining TCE/TMA above 17.5%; 2) increases
the level of committed warehouse capacity to 25% or more of total
warehouse capacity; and 3) maintains its low reliance on secured
mortgage servicing rights (MSR) facilities such that the ratio of
outstanding MSR debt to total corporate debt (MSR debt plus
unsecured debt) outstanding remains below 25%.
The ratings could be downgraded if the company's: 1) origination
market share drops materially; 2) profitability weakens whereby
Moody's expects the company's net income to average assets to
remain below 3.0%; 3) TCE/TMA is expected to remain below 13.5% for
an extended period of time; 4) funding or liquidity profiles
weaken; or 5) percentage of non-government sponsored entity and
non-government loan origination volumes grow to more than 15% of
the company's total originations without a commensurate increase in
alternative liquidity sources and capital to address the riskier
liquidity and asset quality profile that such an increase would
entail.
In addition, UWM's senior unsecured rating would likely be
downgraded if the ratio of secured MSR debt to total corporate debt
increases and is expected to remain above 25%; under this scenario,
Moody's expects the loss on senior unsecured obligations in the
event of default would be materially higher.
The principal methodology used in these ratings was Finance
Companies published in July 2024.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
UNIVERSAL DESIGN: Jacksonville Property Sale to P. Chigurupati OK'd
-------------------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida,
Jacksonville Division, has granted Universal Design Solutions LLC,
to sell Property free and clear of liens, claims, interests, and
encumbrances.
The Debtor seeks an order authorizing the sale of real property of
the estate commonly identified as: 11555 Central Parkway #1002,
Jacksonville, FL 32224 through private sale to PedmaSree
Chigurupati for the purchase price of $280,000.00.
The Court has authorized the Debtor to sell the Property to
PedmaSree Chigurupati.
Debtor is further authorized to sell of the Property free and clear
of all liens and encumbrances.
The closing agent is directed to tender all net proceeds of the
sale after payment of standard
closing costs (including recordation fees, doc stamps, broker
commissions, settlement fees)
directly to TD Bank, NA.
TD Bank will have an allowed unsecured claim for the balance of its
claim no. 4 after applying the sale proceeds.
The Debtor is ordered to maintain full property insurance of the
Subject Property through the closing date.
Debtor shall provide a final closing statement via email to counsel
for TD Bank, NA, Esther McKean, esther.mckean@akerman.com, at least
24 hours in advance of the closing.
In the event the Purchasers default under the terms of the subject
purchase and sale agreement and Debtor is entitled to retain the
earnest deposit, those funds shall be paid towards the payments
under any confirmed plan.
About Universal Design Solutions
Universal Design Solutions, LLC sought protection under Chapter 11
of the U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-01970)
with $100,001 to $500,000 in assets and $500,001 to $1 million in
liabilities.
Judge Hon. Jason A Burgess oversees the case.
Thomas C. Adam, Esq., at Adam Law Group, P.A. is the Debtor's
bankruptcy counsel.
TD Bank, N.A., as lender, is represented by Amanda Klopp, Esq., at
Akerman LLP, in West Palm Beach, Florida.
URBAN ONE: Moody's Affirms 'Caa2' CFR & Alters Outlook to Stable
----------------------------------------------------------------
Moody's Ratings affirmed Urban One, Inc.'s (Urban One) Caa2
Corporate Family Rating following the closing of the debt exchange,
tender offer and new debt issuance. Concurrently, Moody's affirmed
and appended a limited default (LD) designation to the Probably of
Default Rating, revising it to Caa2-PD/LD. Also, Moody's downgraded
the rating on the $11.8 million of existing 7.375% senior unsecured
(senior secured prior to debt exchange) notes due 2028 to Ca from
Caa2. Urban One's Speculative Grade Liquidity Rating (SGL) was
downgraded to SGL-3 from SGL-2. The outlook was changed to stable
from negative.
On December 15, 2025, Urban One announced that it closed on a debt
exchange with creditors representing approximately 97.58% ($476
million) of the outstanding $488 million principal amount of 2028
notes. Under the transaction support agreement (TSA), Urban One
exchanged $291 million in principal amount of the 2028 notes at par
into new senior secured second lien notes due 2031 (unrated). In
connection with the exchange offer, Urban One solicited consents
from notes holders to eliminate substantially all covenants and
release all the collateral securing the debt. As a result, debt
holders who did not participate in the exchange offer were
subordinated to the new debt. In addition, the company tendered for
$185 million in principal amount of the existing notes at a 40%
discount to par utilizing proceeds from the issuance of $60.6
million of new 10.5% senior secured first lien notes due 2030
(unrated) and cash on the balance sheet.
The "/LD" designation reflects Moody's views that the debt exchange
is considered a distressed exchange, which is a default under
Moody's definitions, given the weak debt trading prices, a 40%
discount to par for the tendered notes, the subordination of the
debt holders who do not participate in the exchange and Moody's
views that the capital structure was unsustainable. The "/LD"
designation will be removed in about three business days.
The change in outlook to stable from negative reflects the 26% debt
reduction that improved pro forma financial leverage (including
Moody's standard lease adjustments) to 5.2x from 6.8x as of LTM
September 2025 and will result in annual interest expense savings
of approximately $7 million. The extended debt maturity profile to
2030-2031 from 2028 provides Urban One with some flexibility to
improve its operating performance and expand its connected TV (CTV)
revenue. However, Urban One's underlying operating performance is
significantly pressured by challenges in the broadcast radio and
cable TV segments due to persistent subscriber losses and audience
engagement declines. Despite cost reduction efforts, Moody's
expects leverage to rise to mid to high-5x over the next 12-18
months. Governance considerations were a key driver of the rating
action. The company's financial policies have contributed to
operating with high leverage which has led to a distressed
exchange.
RATINGS RATIONALE
Urban One's Caa2 CFR reflects secular pressures in the cable TV and
radio broadcast segments, and elevated financial leverage. The
cable TV segment is facing significant challenges due to persistent
subscriber losses and audience engagement declines. Despite
contractual agreements with cable and satellite companies that
include annual escalators, the benefits of the rate increases have
been more than offset by the declining subscriber base and lower
viewership. TV One subscribers decreased to 34.1 million (-12.8%
YoY, -0.6% QoQ) as of September 2025. In 2026, Moody's projects a
low single-digit percentage decline in revenue, while EBITDA is
expected to remain flat, mainly driven by ongoing churn of cable TV
subscribers and weakness in radio broadcasting, partially offset by
political ad dollars, connected TV (CTV) revenue, and cost
reduction measures. Moody's adjusted financial leverage is
projected to rise to the mid to high-5x in 2026.
Urban One's SGL-3 rating reflects adequate liquidity with a cash
balance of approximately $10 million post close, an undrawn $50
million ABL facility due February 2026, and Moody's expectations
for $20-$25 million in free cash flow in the next 12-18 months.
Moody's expects the company to address the maturity of the ABL
before that date. The company's cash uses include annual interest
expense of approximately $30 million, working capital needs
depending on seasonality and capital expenditures of $8 million. As
the company reduced approximately $124 million of debt in
connection with the tender offer, annual interest expense is
expected to decrease by approximately $7 million. Due to the
non-participating debt holders, Urban One will have debt maturities
of approximately $12 million in 2028.
Urban One's senior secured notes are not subject to financial
covenants, but the ABL facility is subject to a springing fixed
charge coverage test. The company complied with the requirement as
of September 2025. Moody's expects the company to remain in
compliance for the next 12 to 18 months, although Moody's do not
anticipate the company drawing on the facility.
The Ca rating on the old notes reflect the subordination and the
ranking within the capital structure behind the ABL facility, first
lien and second lien notes. The old notes, which were senior
secured prior to the debt exchange, are now unsecured as the
collateral securing the old debt were released.
The stable outlook reflects Moody's views that Moody's adjusted
debt to EBITDA will remain in the mid to high-5x while free cash
flow is $20-$25 million over the next 12-18 months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Urban One's ratings could be upgraded if Moody's expects positive
organic growth in the radio and cable network operations and
improving financial leverage and liquidity.
The ratings could be downgraded if revenue declines persist or
profitability remains weak due to declining subscriber trends and
weak advertising demand such that the liquidity position
deteriorates further or Moody's assessments of the probability of
default were to increase.
Urban One, Inc., formerly known as Radio One, Inc., is an urban
oriented multi-media company that operates or owns interests in
radio broadcasting stations generated by 72 stations in 13 markets,
cable television networks, a 95% ownership in Reach Media, and
ownership of Interactive One, its digital platform, as well as
other internet-based properties, largely targeting an
African-American and urban audience. The company reported
consolidated revenue of $394 million as of LTM September 2025.
The principal methodology used in these ratings was Media published
in September 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
US MAGNESIUM: Lithium Carbonate Assets Sale to Glencore OK'd
------------------------------------------------------------
The U.S. Bankruptcy Court for the District of Delaware has approved
US Magnesium LLC to sell Assets, free and clear of liens, claims,
interests, and encumbrances.
The Debtor has been actively seeking a buyer for certain inventory
currently in its possession, including
its inventory of lithium carbonate, whether in the ordinary course
of business or in a bulk sale.
The Court has authorized the Debtor to sell the Assets to Glencore
Ltd. up to 1,100 metric tons of lithium carbonate at a purchase
price of $7,500 per metric ton.
The Purchase Contract attached as Exhibit 1:
https://urlcurt.com/u?l=nBA73m, and all of its terms and conditions
are approved.
The failure to specifically include any particular provisions of
the Purchase Contract in this Order shall not diminish or impair
the effectiveness of such provisions, it being the intent of this
Court that the Purchase Contract be authorized and approved in its
entirety.
Prior to the Closing, the Debtor shall submit a Secondary Recovery
Application and Certification to the Utah Division of Forestry,
Fire, and State Lands (FFSL) under U.A.C. R652-21-402 in order to
facilitate the transactions contemplated.
The Debtor is authorized to execute and deliver, and empowered to
perform under, consummate and implement, the Purchase Contract and
all additional instruments and documents that may be reasonably
necessary or desirable to implement the Purchase Contract in
accordance with its terms, and to take all further actions as may
be necessary for the purposes of assigning, transferring, granting,
conveying and conferring to the Buyer of the Purchased Assets, or
as may be necessary or appropriate to the performance of the
obligations as contemplated by the Purchase Contract.
The Order shall be good and sufficient evidence of the transfer of
title in the Purchased Assets to the Buyer, and the Sale
consummated pursuant to the Order and the Purchase Contract shall
be binding upon and shall govern the acts of all persons and
entities who may be required by operation of law, the duties of
their office or contract to accept, file, register or otherwise
record or release any documents or instruments, or who may be
required to report or insure any title or state of title in or to
any of the Purchased Assets sold pursuant to the Order.
The Purchase Contract and each of the transactions contemplated
therein were negotiated, proposed, and entered into by the Debtor
and Buyer, in good faith, without collusion, and from arm's length
bargaining positions.
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.
VALYRIAN MACHINE: Unsecureds to Get Share of Income for 60 Months
-----------------------------------------------------------------
Valyrian Machine, LLC, filed with the U.S. Bankruptcy Court for the
Eastern District of Michigan a Plan of Reorganization under
Subchapter V dated December 15, 2025.
Valyrian is a Michigan limited liability company. Kris Surcek is
the sole member of the Company. The Company is a precision CNC
machining and manufacturing company based in Romulus, Michigan.
Valyrian began operations in 2022.
Valyrian Machine's financial distress is not the result of lack of
customers or operational weakness, but rather a combination of
extraordinary legal expenses, acquisition-related liabilities,
lender pressure, and extended receivable cycles. The most
significant factor that led to the filing was the ongoing
litigation with PMP Romulus, Inc., which began in April 2023.
Arbitration in this litigation consumed substantial time and
resources and was amplified by negative publicity in a Law360
article.
The Chapter 11 filing has enabled Valyrian to stabilize operations,
restructure its obligations, and preserve jobs, while continuing to
serve its customers. The Company has been able to determine a
realistic cash flow, tied into orders, actual shipment dates, and
necessary payments, including payments to ChoiceOne Bank. Based on
this detailed review of production, delivery and time line for
payments, Valyrian is poised to successfully restructure its debt
and remain not only operational, but also profitable.
The Plan Proponent's financial projections show that the Debtor
will have projected disposable income of $269,350.00. The final
Plan payment is expected to be paid on February 24, 2031.
This Plan proposes to pay Creditors of the Debtor from the Debtor's
cash flow from operations and future income. The Plan provides for
one class of priority creditors; five classes of secured creditors;
(2) classes of non-priority unsecured claims; and one class of
equity security holders.
The Plan proposes a distribution to Allowed Claims of non-priority
unsecured creditors of 13%. The Plan provides for payment of
administrative claims and expenses, and priority claims in full.
Class VII consists of the holders of Allowed Unsecured Claims.
Class VII does not include the portion of the claim of PMP Romulus,
Inc. seeking exemplary damages, which is treated in Class VIII.
Each Holder of a Class VII Claim shall receive a Pro Rata
distribution attributable to its Allowed General Unsecured Claim
based on quarterly payments each year by the Debtor from the
Debtor's Projected Disposable Income, for the period commencing
month 13 and continuing through month 60 of the Plan.
The first payment shall be the first day of the first month of the
calendar quarter which occurs after the 13th month after the
Effective Date. Such payments shall continue to be made quarterly
on the first day of each calendar quarter thereafter, for the
remining term of the plan, such that the plan will not exceed 60
months from the Effective Date. This Class is Impaired.
Class IX consists of the Claims and Interests of Debtor's sole
member, Kris Surcek. Mr. Surcek will not receive any distribution
from the Debtor on account of his claim against the Debtor. Mr.
Surcek shall retain his equity interest in the Debtor and
Reorganized Debtor. Mr. Surcek will receive no distribution under
this Plan on account of his equity interest in the Debtor.
A full-text copy of the Plan of Reorganization dated December 15,
2025 is available at https://urlcurt.com/u?l=rEBELc from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Julie B. Teicher, Esq.
David M. Eisenberg, Esq.
MADDIN, HAUSER, ROTH & HELLER PC
One Towne Square, 5th Floor
Southfield, MI 48076
Telephone: (248) 354-4030
E-mail: deisenberg@maddinhauser.com
jteicher@maddinhauser.com
About Valyrian Machine LLC
Valyrian Machine, LLC manufactures high-tolerance parts and
assemblies for industries such as automotive, aerospace, defense,
and energy.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Mich. Case No. 25-49284) on September
16, 2025. In the petition signed by Kris J. Surcek , sole member,
the Debtor disclosed up to $1 million in assets and $10 million in
liabilities.
Judge Paul R. Hage oversees the case.
Julie Beth Teicher, Esq., at Maddin, Hauser, Roth & Heller, P.C.,
is the Debtor's legal counsel.
ChoiceOne Bank, as secured lender, is represented by:
Sandra S. Hamilton, Esq.
Clark Hill, PLC
200 Ottawa Ave NW, Ste. 500
Grand Rapids, MI 49503
(616) 608-1141
bankruptcyfiling@clarkhill.com
VERSACE DOMINICAN: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------------
Debtor: Versace Dominican Restaurant 1 Y Mas Inc.
510 Pleasant Hill Rd NW
Lilburn GA 30047
Business Description: Versace Dominican Restaurant, with locations
in Lilburn and Lawrenceville, Georgia, is a
family-owned establishment founded by the
Romero J.R. family from Salcedo, Dominican
Republic, offering authentic Dominican
cuisine and tropical drinks. The restaurant
provides a full-service dining experience
that includes live music, catering for
private and corporate events, and a menu
featuring traditional Dominican dishes such
as mofongo and chicharron. It operates in
the full-service restaurant industry,
combining Caribbean flavors with a vibrant,
celebratory atmosphere.
Chapter 11 Petition Date: December18, 2025
Court: United States Bankruptcy Court
Northern District of Georgia
Case No.: 25-64759
Debtor's Counsel: Benjamin Keck, Esq.
KECK LEGAL, LLC
2801 Buford Highway NE Suite 115
Atlanta GA 30329
Tel: 470-826-6020
E-mail: bkeck@kecklegal.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Leonor Romero as CEO.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/C7VOYTI/VERSACE_DOMINICAN_RESTAURANT_1__ganbke-25-64759__0001.0.pdf?mcid=tGE4TAMA
VILLAGE ROADSHOW: Amends Derivative Right Sale to Alcon Media Group
-------------------------------------------------------------------
Village Roadshow Entertainment Group USA Inc. and its affiliates
seek approval from the U.S. Bankruptcy Court for the District of
Delaware, in an amended motion to sell Property, free and clear of
liens, claims, interests, and encumbrances.
On March 17, 2025, Village Roadshow Entertainment Group USA Inc.
and certain of its affiliates. The Debtors are seeking to sell the
rights to participate in motion picture projects that are
derivative of certain films, including those that the Debtors
co-produced with Warner Bros. Entertainment Inc. and its affiliates
and Regency Entertainment (USA), Inc. The Derivative Right for each
film is governed by its own coownership agreement (DRA), as such
agreement may have been amended.
On July 23, 2025, the sale of the Library Assets to Alcon closed,
and the Debtors filed the Notice of Library Assets Sale Closing.
Pursuant to the Library Assets Sale Order, the Debtors applied the
proceeds of the Library Assets sale: (a) first to satisfy all of
the Debtor' outstanding obligations under the ABS facility; (b)
second, to satisfy all of the Debtors' outstanding obligations
under the DIP Facility; (c) third, to fund the Warner Bros.
Reserve; (d) fourth, to fund the Library Reserve; and (e) fifth, to
the Sellers' estates.
Paragraph 35 of the Library Assets Sale Order provides the
following:
Except in the case of a material amendment, the APA and any related
agreements may be amended, supplemented, or otherwise modified by
the parties thereto and in accordance with the terms thereof,
without further action or order of the Court; provided that any
such amendment, supplement, or modification shall require the prior
written consent of the Buyer and shall not have a material adverse
effect on the Debtors' estates. Any material amendments shall
require approval of this Court.
Prior to the Petition Date, in December 2023, the Debtors sold
their share of participation revenues in Wonka to Alcon in December
2023 in exchange for Alcon financing Village's acquisition of a 50%
interest in the film. While the Debtors originally sought to sell
their non-economic interests in Wonka to Alcon as well, at the time
of the transaction, Warner wished to remain in contractual privity
with the Debtors and therefore declined to consent to Alcon being
substituted in as its direct co-financing partner for the film.
Given that the Debtors had already sold their economic interests in
Wonka, the Debtors' remaining non-economic interests in Wonka were
excluded from the prepetition and postpetition marketing processes
for the Library Assets because they did not present a source of
value to any potential purchasers other than Alcon. As a result,
the original stalking horse bid for the Library Assets submitted by
CP Ventura LLC did not include any of the Debtors' remaining
interests in Wonka as purchased assets. Thus, when Alcon submitted
an overbid to become the new stalking horse on substantially the
same terms as the bid submitted by CP Ventura LLC, Alcon’s bid
also excluded the Debtors’ remaining interests in Wonka.
Now that the sale of the Library Assets has closed, Alcon and
Warner are in direct contractual privity with respect to all other
films previously co-owned by the Debtors, with Wonka being the sole
exception. Accordingly, following good-faith negotiations between
the Debtors, Alcon, and Warner, as well as review and approval by
the Debtors’ management, the Debtors desire to enter into the
Amendment, which amends the Library Assets APA to include the
transfer of certain interests of the Sellers in the Wonka motion
picture.
Specifically, the Amendment would operate to include the Wonka
Assets, within the definition of Purchased Assets under the Library
Assets APA. As defined in the Amendment, "Wonka Assets" means:
All of the Sellers' right, title and interest in and to the Wonka
Picture and all of the assets, properties and rights of any kind,
whether tangible or intangible, used in, held for use in, relating
to or arising from the financing, development, production and/or
Exploitation of the Wonka Picture, including, without limitation,
all of the right, title and interest of each Seller in and to the
following to the extent such assets or rights exist (except to the
extent constituting the Excluded Assets): (i) all Exploitation
Rights with respect to the Wonka Picture (including all Wonka
Ancillary Rights), (ii) those Assumed Contracts reflected on
subclause (b) of Schedule III, including, without limitation, the
Assumed Loompala Agreements, (iii) all Books and Records with
respect to the Wonka Picture, (iv) all rights to receive Wonka
Financial Information from a distributor or any other Person with
respect to the monies and any other consideration payable in
connection with the Wonka Picture for all accounting periods and
(v) all rights to (A) exercise, control, settle, compromise and/or
direct any noticed, pending or future audit and/or inspection
(Wonka Audit Right) of or relating to amounts reflected in any
Wonka Financial Information with respect to the Wonka Picture, and
(B) receive the economic benefit and/or any payments resulting from
any audit set forth in clause (A) above.
In addition, the Amendment would include the Excluded Wonka Assets
within the definition of Excluded Assets in the Library Assets APA.
As defined in the Amendment, "Excluded Wonka Assets" means:
Collectively, (i) the Sellers' right, title and interest in the
Derivative Rights in the Wonka Picture and the "naked" worldwide
copyright of the Wonka Picture and the underlying material for the
Wonka Picture (which Derivative Rights and "naked" copyright
exclude, for the avoidance of doubt, all Exploitation Rights with
respect to the Wonka Picture (including, without limitation, the
Wonka Ancillary Rights) and all other rights with respect to the
Wonka Picture other than the Derivative Rights and the "naked"
copyright itself) and (ii) the Consulting Agreement.
Finally, the Amendment provides for the inclusion of the Wonka
Agreements on the Assumed Contracts schedule to the Library Assets
APA. As defined in the Amendment, "Wonka Agreements" means:
The Wonka MPRPA, the Wonka Distribution Agreement, the Wonka
Intercreditor Agreement (each as defined in subclause (b) of
Schedule III), the Assumed Loompala Agreements, and all other
instruments, exhibits, documents and agreements executed or
delivered by Sellers from time to time prior to the First Amendment
Effective Date pursuant to the foregoing, including, without
limitation, rights purchase agreements, intercompany licenses and
assignments and security perfection documents, and all other
Contracts to which a Seller is a party in connection with the
financing, development, production, exhibition or other
Exploitation of the Wonka Picture.
About About Village Homes for Fort Worth
Village Homes for Fort Worth was established in 1996 and has grown
into a trusted homebuilder in Fort Worth, Texas, known for its
inspired designs and dedication to quality. With almost three
decades of experience, the company has fulfilled the dreams of over
1,500 homeowners while collaborating closely with the region's top
architects, craftsmen, and vendors.
KC 117 LLC sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D.Tex. Case No. 25-43782-mxm) on
October 1, 2025.
Jeff P. Prostok at Vartabedian Hester & Haynes LLP, represents as
legal counsel of the Debtor.
VIVAKOR INC: Issues 15.4MM Shares on Note Conversions
-----------------------------------------------------
Vivakor, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that between December 10 and
December 15, 2025, the Company received eight Notices of Conversion
from the Lenders converting a total of $507,172.86 of the amounts
due under the Lender Notes into 15,427,519 shares of the Company's
common stock.
As previously reported, between June 6 and June 9, 2025, the
Company issued convertible promissory notes, to seven
non-affiliated accredited investors, in the aggregate principal
amount of $5,117,647.06 in connection with a Securities Purchase
Agreement entered into by and between the Company and the Lenders.
Under the terms of the Lender SPA and the Lender Notes, the Company
received $4,350,000 prior to deducting customary fees.
Pursuant to the terms of the Lender Notes and the Notices of
Conversion, the Company issued the Lender Shares.
The Lender Shares were issued without a Rule 144 restrictive legend
pursuant to a legal opinion received by the Company and its
transfer agent.
The issuances of the foregoing securities were exempt from
registration pursuant to Section 4(a)(2) of the Securities Act
promulgated thereunder as the holder is an accredited investor and
familiar with our operations.
About Vivakor, Inc.
Vivakor, Inc. provides transportation, storage, reuse, and
remediation services for crude oil and petroleum byproducts. The
Company operates facilities under long-term contracts to support
these services and manages energy-related assets, properties, and
technologies.
Vivakor reported total assets of $244.54 million, total liabilities
of $146.5 million, and total stockholders' equity of $98.04 million
as of June 30, 2025.
The Company has historically suffered net losses and cumulative
negative cash flows from operations, and as of June 30, 2025, it
had an accumulated deficit of approximately $112.1 million. As of
June 30, 2025 and Dec. 31, 2024, Vivakor had a working capital
deficit of approximately $105.8 million and $101.5 million,
respectively. As of June 30, 2025, the Company had cash of
approximately $3.7 million, of which $3.2 million is restricted
cash. In addition, the Company has obligations to pay
approximately $74 million of debt within one year of the issuance
of the financial statements.
In its audit report dated April 15, 2025, Urish Popeck & Co., LLC
issued a "going concern" qualification citing that the Company has
a significant working capital deficiency, suffered significant
recurring losses from operations, 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.
VIVAKOR INC: Receives Nasdaq Notice on October Equity Issuances
---------------------------------------------------------------
Vivakor, Inc. disclosed in a Form 8-K Report filed with the U.S.
Securities and Exchange Commission that the Company, received a
written notification from the Listing Qualifications Department of
The Nasdaq Stock Market LLC stating that based on the Staff's
review of the Company's issuances of shares of common stock and
prefunded warrants in connection with the Company's registered
direct offerings conducted in October 2025, the Staff has
determined that the Company failed to comply with Nasdaq Listing
Rule 5635(d) in relation to certain of the offerings, which
requires prior shareholder approval for transactions, other than
public offerings, involving the issuance of 20% or more of the
pre-transaction shares outstanding at less than the Minimum Price
(as defined in Nasdaq Listing Rule 5635(d)(1)(A)).
As previously disclosed in the Company's Current Report on Form
8-K, on October 24, 2025, the Company entered into a Securities
Purchase Agreement with certain institutional investors to issue
10,909,090 shares of common stock and 5,000,000 pre-funded warrants
at an offering price of $0.22 per share.
In addition, as previously disclosed in the Company's Current
Report on Form 8-K filed with the SEC, on October 30, 2025, the
Company entered into a Securities Purchase Agreement with certain
institutional investors to issue 10,600,000 shares of common stock
and 3,566,666 pre-funded warrants at an offering price of $0.18 per
share.
The Staff's determination under the Shareholder Approval Rule is
based on the Staff's review of the October 24 Offering and the
October 30 Offering, which collectively represent more than 20% of
the pre-transaction shares of outstanding common stock at a
discount to the applicable Minimum Price.
The Notice does not have any immediate effect on the listing of the
Company's common stock on the Nasdaq Capital Market, and the
Company has 45 calendar days from December 11, 2025, to submit a
plan to regain compliance.
If the Plan is accepted, the Staff can grant an extension of up to
180 calendar days from the date of the Notice to evidence
compliance. The Company plans to timely submit a Plan to Nasdaq in
response to the Notice and is seeking approval of its shareholders
for the issuance of the Company's common stock in the October 24
Offering and the October 30 Offering.
However, there are no assurances that the Company will be able to
regain compliance with the Shareholder Approval Rule, or, assuming
the Company regains compliance with the Shareholder Approval Rule,
that the Company will be able to continue to maintain compliance
with all Nasdaq listing standards in the future.
About Vivakor, Inc.
Vivakor, Inc. provides transportation, storage, reuse, and
remediation services for crude oil and petroleum byproducts. The
Company operates facilities under long-term contracts to support
these services and manages energy-related assets, properties, and
technologies.
Vivakor reported total assets of $244.54 million, total liabilities
of $146.5 million, and total stockholders' equity of $98.04 million
as of June 30, 2025.
The Company has historically suffered net losses and cumulative
negative cash flows from operations, and as of June 30, 2025, it
had an accumulated deficit of approximately $112.1 million. As of
June 30, 2025 and Dec. 31, 2024, Vivakor had a working capital
deficit of approximately $105.8 million and $101.5 million,
respectively. As of June 30, 2025, the Company had cash of
approximately $3.7 million, of which $3.2 million is restricted
cash. In addition, the Company has obligations to pay
approximately $74 million of debt within one year of the issuance
of the financial statements.
In its audit report dated April 15, 2025, Urish Popeck & Co., LLC
issued a "going concern" qualification citing that the Company has
a significant working capital deficiency, suffered significant
recurring losses from operations, 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.
WALKER EDISON: Court Confirms Chapter 11 Plan of Liquidation
------------------------------------------------------------
Judge Thomas M. Horan of the United States Bankruptcy Court for the
District of Delaware confirmed the Combined Disclosure Statement
and Chapter 11 Plan of Liquidation of WEH Liquidating, LLC f/k/a
Walker Edison Holdco LLC and its debtor affiliates.
The Disclosure Statement contains extensive material information
regarding the Debtors so that parties entitled to vote on the Plan
could make informed decisions regarding the Plan. The Disclosure
Statement contains "adequate information" (as such term is defined
in section 1125(a) of the Bankruptcy Code and used in section
1126(b)(2) of the Bankruptcy Code) with respect to the Debtors, the
Plan, and the transactions contemplated therein.
The Disclosure Statement is approved on a final basis pursuant to
section 1125 of the Bankruptcy Code as containing adequate
information, and sufficient information of a kind necessary to
satisfy the disclosure requirements of any applicable
non-bankruptcy laws, rules, and regulations.
As reported by the Troubled Company Reporter on Nov. 19, 2025, WEH
Liquidating, LLC f/k/a Walker Edison Holdco LLC and Its Debtor
Affiliates submitted a Combined Disclosure Statement and Chapter 11
Plan of Liquidation dated November 11, 2025.
The Debtors filed these chapter 11 cases to pursue a sale of all or
substantially all of their Assets with the goal of maximizing the
recovery for their Estates and Creditors.
To that end, the Bankruptcy Court entered the Bidding Procedures
Order granting certain of the relief sought in the Sale Motion,
including, among other things, (a) approving the bidding
procedures, which established the key dates and times related to
the Sale and auction, (b) approving assumption procedures, and (c)
authorizing the Debtors' entry into and performance under the Asset
Purchase Agreement. The Bidding Procedures Order also established a
bid deadline of September 22, 2025.
The Debtors did not receive any bids for their Assets other than
the Stalking Horse Bid prior to the bid deadline. As a result, the
Debtors cancelled the auction. At the Sale Hearing, the Debtors
were able to resolve the GXO Limited Objection through the GXO
Stipulation. The Bankruptcy Court scheduled the Kenco Limited
Objection for hearing on October 8, 2025. The Debtors and Kenco
engaged in good faith negotiations and as a result, the Debtors
were able to resolve the Kenco Limited Objection. On October 7,
2025, the Bankruptcy Court entered an order approving the Kenco
Stipulation.
On October 2, 2025, the Bankruptcy Court entered the Sale Order.
The Sale to the Purchaser closed on October 7, 2025. At Closing,
the Sale Proceeds were $16,214,369.00, which is subject to
adjustment pursuant to the Asset Purchase Agreement. Additionally,
after the Closing of the Sale, the corporate names of the Debtors
were changed to WEH Liquidating, LLC, WEI Liquidating, LLC, WEFC
Liquidating, LLC, and EWF Liquidating, LLC.
Like in the prior iteration of the Plan, except to the extent that
the Holder of an Allowed Claim in Class 4 agrees to less favorable
treatment (or such other treatment which the Debtors or the
Liquidating Trustee, as applicable, and the Holder of such Allowed
Class 4 Claim have agreed upon in writing), each Holder of an
Allowed Claim in Class 4 shall receive their Pro Rata share of the
Series B Liquidating Trust Interests.
The allowed unsecured claims total $30,000,000 to $34,000,000. This
Class will receive a distribution of 0.5% to 60% of their allowed
claims.
On the Effective Date, all Interests shall be transferred to the
Liquidating Trust, and each Holder of an Interest in the Debtors
shall receive no Distribution pursuant to the Plan.
The Plan implements a structure, first approved by the Bankruptcy
Court in the Final DIP Order, by which Holders of Allowed General
Unsecured Claims will receive a meaningful share of any of the
proceeds of Utah Litigation. This structure was set forth in the
Global Settlement by and between the Debtors, the Committee, the
DIP Secured Parties, the Prepetition ABL Lender and the Prepetition
Term Loan Secured Parties.
The Liquidating Trust Assets include: (i) all Cash held by the
Debtors as of the Effective Date, excluding amounts held in trust
with respect to the Professional Fee Account but including the
Initial Estate Payment, (ii) the Utah Litigation Assets, (iii)
Litigation DIP Loan Proceeds, (iv) Other Litigation Assets, and (v)
Other Assets, all of which are being transferred pursuant to this
Plan to the Liquidating Trust upon the Effective Date.
A full-text copy of the Combined Disclosure Statement and
Liquidating Plan dated November 11, 2025 is available at
https://urlcurt.com/u?l=0hKaCE from Epiq Corporate Restructuring,
LLC, claims agent.
Counsel to the Debtors:
Robert J. Dehney, Sr., Esq.
Donna L. Culver, Esq.
Daniel B. Butz, Esq.
Scott D. Jones, Esq.
Jonathan M. Weyand, Esq.
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
1201 N. Market Street, 16th Floor
Wilmington, DE 19801
Telephone: (302) 658-9200
Facsimile: (302) 658-3989
Email: rdehney@morrisnichols.com
dculver@morrisnichols.com
dbutz@morrisnichols.com
sjones@morrisnichols.com
jweyand@morrisnichols.com
The classification of Claims and Interests under the Plan is proper
under the Bankruptcy Code. In addition to Administrative Claims,
Professional Fee Claims, Tax Claims, U.S. Trustee Fees, and DIP
Facility Claims, which need not be classified, the Plan designates
five Classes of Claims and Interests. The Claims or Interests
placed in each Class are substantially similar to other Claims or
Interests, as the case may be, in each such Class. Valid business,
factual, and legal reasons exist for separately classifying the
various Classes of Claims and Interests created under the Plan, and
such Classes do not unfairly discriminate between Holders of Claims
and Interests. Thus, the Plan satisfies sections 1122 and
1123(a)(1) of the Bankruptcy Code.
The Plan, including the provisions governing the Liquidating Trust,
provides adequate and proper means for the Plan's implementation.
Thus, section 1123(a)(5) of the Bankruptcy Code is satisfied.
The Debtors have proposed the Plan in good faith and not by any
means forbidden by law, thereby satisfying section 1129(a)(3) of
the Bankruptcy Code. In determining that the Plan has been
proposed in good faith, this Court has examined the totality of the
circumstances surrounding the filing of these chapter 11 cases and
the process related to the proposal of the Plan. The Plan is the
result of extensive arm's-length negotiations among the Debtors,
Committee, DIP Agent, U.S. Trustee, and other key stakeholders. The
Plan promotes the objectives and purposes of the Bankruptcy Code.
Entry into the Liquidating Trust Agreement is in the best interests
of the Debtors and the Debtors' Estates and creditors. The
establishment of the Liquidating Trust, the selection of the
Liquidating Trustee, and the form of the Liquidating Trust
Agreement (as may be modified or amended from time to time), is
appropriate and in the best interest of the Debtors' creditors.
The Liquidating Trust Agreement shall, upon the Effective Date, be
valid, binding, and enforceable in accordance with its terms.
The Plan, as and to the extent modified by this Confirmation Order,
is approved and confirmed pursuant to section 1129 of the
Bankruptcy Code. All objections to confirmation of the Plan not
withdrawn, resolved, or otherwise disposed of, including the
Objections, are overruled and denied on the merits.
A copy of the Court's Findings of Fact, Conclusions of Law, and
Order dated December 18, 2025, is available at
https://urlcurt.com/u?l=Qfe6x9 from PacerMonitor.com.
About Walker Edison Holdco
Walker Edison, a Delaware corporation headquartered in West Jordan,
Utah, designs and distributes affordable, ready-to assemble home
furnishings, operating primarily through e-commerce channels rather
than traditional retail stores. Its business is managed by Walker
Edison Intermediate, LLC and Walker Edison Holdco, LLC, and it owns
EW Furniture, LLC, a Utah-based subsidiary. The company sources
most products from suppliers in Asia and Brazil, distributing them
through its Ohio and California centers or directly via major
e-commerce platforms including Wayfair, Amazon, Walmart, Target,
and Home Depot, with gross sales of roughly $124.6 million in
2024.
Walker Edison Holdco, LLC and three affiliates filed Chapter 11
petitions (Bankr. D. Del. Lead Case No. 25-11602) on August 28,
2025. At the time of the filing, Walker Edison Holdco listed up to
$50,000 in assets and between $100 million and $500 million in
liabilities.
Judge Thomas M. Horan oversees the cases.
The Debtors tapped Morris, Nichols, Arsht & Tunnell, LLP as legal
counsel; Lincoln International, LLC as investment banker; MACCO
Restructuring Group, LLC as transformation advisor. Epiq Corporate
Restructuring, LLC is the Debtors' notice, claims and
administrative agent.
WARREN'S READY-MIX: Section 341(a) Meeting of Creditors on Jan. 14
------------------------------------------------------------------
On December 15, 2025, Warren's Ready-Mix, LLC, filed for Chapter 11
protection in the U.S. Bankruptcy Court for the Southern District
of Texas. According to court filings, the debtor reports between
$10 million and $50 million in debt owed to between 100 and 199
creditors.
A meeting of creditors under Section 341(a) to be held on 1/14/2026
at 09:30 AM, US Trustee Houston Teleconference.
About Warren's Ready-Mix, LLC
Warren's Ready-Mix, LLC produces and supplies high-performance
ready-mix concrete in Houston, Texas, serving both commercial and
residential construction projects. The Company provides concrete
for applications including roads, parking lots, building
foundations, driveways, patios, and sports facilities, leveraging
electronic order entry, automated batching, and GPS-tracked
delivery trucks. Warren's focuses on reliable scheduling, customer
service, and long-term client relationships across projects of
varying sizes.
Warren’s Ready-Mix, LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. Case No. 25-37585) on December 15,
2025. In its petition, the debtor reported estimated assets ranging
from $10 million to $50 million and estimated liabilities in the
same range.
Honorable Bankruptcy Judge Jeffrey P. Norman handles the case.
The debtor is represented by Julie M. Koenig, Esq., of Cooper &
Scully.
WATER ENERGY: To Sell Texas Properties to 4 Arrows Investments
--------------------------------------------------------------
Water Energy Services, LLC seeks approval from the U.S. Bankruptcy
Court for the Western District of Texas, San Antonio Division, to
sell Property, free and clear of liens, claims, interests, and
encumbrances.
The Debtor's Properties are located on County Road 307 in Seminole,
Texas, and at 142 WES Lane in Charlotte, Texas.
The Debtor wants to sell the Properties to 4 Arrows Investments,
LLC.
The Debtor has been working with Hilco Real Estate, LLC as the
Debto's broker to market the Properties.
After negotiation, the Debtor and Purchaser have agreed to a total
sale price of $775,000.00.
The property located on County Road 307, Seminole, Texas consists
of an unimproved 70.36-acre lot in Seminole, Texas.
The Debtor is aware of purported liens against the Seminole
Property, including those held by:
a. Community Bank & Trust-West Georgia;
b. OSC Energy, LLC;
c. BTG, LLC; and
d. Gaines County Central Appraisal District.
The Debtor is aware of a Lien Against Mineral Interests filed on
behalf of SitePro, Inc. However, given that SitePro's legal
description does not match the foregoing legal description, the
Debtor does not believe SitePro has a lien encumbering the subject
assets to be sold.
The Debtor proposes to sell the Seminole Property for $275,000.00,
free and clear of all liens, claims, and encumbrances.
At closing, the Debtor seeks authority to pay:
a. CB&T in the amount of $233,750.00;
b. Hilco commission in the amount of $22,000.00, consistent with
the Court's prior order approving Hilco's employment;
c. Gaines County for Property taxes in the estimated amount of
$3,000.00; and
d. Miscellaneous closing costs, in the estimated amount of
$2,500.00.
The remainder, approximately $13,750.00, which is a carve out from
CB&T's lien and therefore not subject to any other liens, goes to
the Debtor.
The property located at 142 WES Lane in Charlotte, Texas consists
of an unimproved 10.63-acre lot in Charlotte, Texas.
The Debtor is aware of possible liens against the Charlotte
Property, including those held by:
a. Atascosa County Central Appraisal District.
b. Community Bank & Trust – West Georgia;
c. Internal Revenue Service;
d. 448 Supply, Inc.;
e. OSC Energy, LLC;
f. Energy Debt Holdings, LLC; and
g. Machinery Auctioneers of Texas, LLC.
With respect to liens filed by Energy Debt Holdings, LLC and
Machinery Auctioneers of Texas, LLC, the property described in
recorded liens does not match the description of the Property to be
sold, therefore the Debtor does not believe the foregoing parties
have a security interest in the Property.
The Debtor proposes to sell the Charlotte Property for $500,000.00,
free and clear of all liens, claims, and encumbrances.
At closing, the Debtor seeks authority to pay:
a. Atascosa County for Property taxes in the estimated amount of
$66,000.00;
b. CB&T in the amount of $375,000.00;
c. Hilco commission in the amount of $40,000.00, consistent with
the Court's prior order approving Hilco's employment; and
d. Miscellaneous closing costs, in the estimated amount of
$2,500.00.
The remainder, approximately $16,500, which is a carve out from
CB&T's lien and therefore not subject to any other liens, goes to
the Debtor.
The Debtor further requests that the remaining sale proceeds be
used as cash collateral in accordance with the Court-approved
budget. Because CB&T's liens exceeds the sale price and CB&T is
agreeing that the portion to be remitted to the Debtor is being
carved out of CB&T's lien, the approximately $30,250.00 remaining
after the foregoing distributions is CB&T's cash collateral and not
the cash collateral of any other party in interest.
The Debtor believes that the Sale Contract is the highest and best
offer that will be received for the Properties.
The Debtor believes the Purchase Price is reasonable and fair. The
Debtor chose this offer based on the price offered and the belief
that the Purchaser can close under the contracted terms.
The Debtor further notes that it has no relationship with the
Purchaser other than as an arm's-length purchaser. The proposed
sale is not to any insider of the Debtor.
The Debtor further notes that any party may make a higher offer for
the subject Properties, and that any such party should appear at
the hearing on the Motion.
About Water Energy Services
Water Energy Services, LLC, is a San Antonio-based company
operating in the oil and gas extraction industry.
Water Energy Services LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-50539) on March
21, 2025. In its petition, the Debtor reported between $1 million
and $10 million in assets and between $10 million and $50 million
in liabilities.
Judge Michael M. Parker handles the case.
The Debtor is represented by Herbert C Shelton, II, Esq., at
Hayward, PLLC.
WOK HOLDINGS: Moody's Cuts CFR to Caa2 & Alters Outlook to Negative
-------------------------------------------------------------------
Moody's Ratings downgraded Wok Holdings Inc.'s (Wok Holdings)
ratings including its corporate family rating to Caa2 from Caa1,
probability of default rating to Caa3-PD from Caa2-PD, its backed
senior secured revolving credit facility rating expiring March 2029
to Caa2 from Caa1 and the backed senior secured first lien term
loan rating due September 2029 to Caa2 from Caa1. The outlook was
changed to negative from stable.
The downgrades and the negative outlook reflect governance
considerations particularly Wok Holdings' currently weak liquidity
and tolerance for high leverage that have increased the probability
of default. The downgrade also reflects Wok Holdings' ongoing weak
operating performance. Following two years of traffic and revenue
declines, Wok Holdings' revenue has declined around 10% over the
first 3 quarters of 2025 driven by negative same store sales as
inflation weary consumers remain cautious about spending. The
revenue declines as well as higher commodity costs and a
challenging labor environment have further reduced profitability
and led to negative free cash flow. Wok Holdings' EBITA/interest
has remained under 1x for the past year while debt/EBITDA has
increased to 7.1x.
RATINGS RATIONALE
Wok Holdings' Caa2 CFR reflects its weak liquidity stemming from
its currently negative free cash flow and very limited availability
under its revolving credit facility as the facility is almost fully
drawn. The rating also reflects its aggressive financial strategies
as well as weak operating performance that have led to high
leverage and weak coverage. It also reflects that consumers will
remain value focused which will present hurdles in driving a
meaningful improvement in customer traffic. However, the rating
benefits from the high level of customer awareness of the P.F.
Chang's brand in the Asian cuisine sector, its good geographic
distribution across major MSAs, good mix of off-premise (delivery
and takeout) sales as well as a history of financial support by its
private equity sponsor. Moody's expects Wok Holdings' debt/EBITDA
will remain high but improve to under 7x while EBITA/interest will
remain weak and under 1x over the next 12 months as the company
executes on its strategy to improve the value perception of the
brand with the consumer. A reduction in capital spend should also
ease the strain on liquidity and reduce the level of free cash flow
deficits over the next 12 months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Ratings could be downgraded should Wok Holdings' operating
performance, free cash flow and credit metrics not materially
improve from current levels. Ratings could also be downgraded
should the probability of default increase or if there is further
deterioration in expected recoveries.
Ratings could be upgraded should there be a sustained improvement
in operating performance, at least adequate liquidity including
break-even to positive free cash flow and an overall reduction in
the likelihood of default. An upgrade would also require
debt/EBITDA sustained below 7x and a meaningful improvement in
EBITA/interest expense from current levels.
Wok Holdings Inc. owns and operates 202 full-service casual
restaurants under the brand name, P.F. Chang's China Bistro
(Bistro), 4 P.F. Chang's To-Go and 2 Pagoda Asian Grill locations
in the US Additionally, the company licenses 98 restaurants, 92 of
which are located outside the US. Revenue for the twelve month
period ended September 30, 2025 was $883 million. Wok Holdings is
owned by TriArtisan Capital Advisors LLC and Paulson & Co Inc.
The principal methodology used in these ratings was Restaurants
published in September 2025.
Wok Holdings' Caa2 corporate family rating, two notches below the
B3 scorecard-indicated outcome as of year-end 2024 is because of
the company's deteriorating credit metrics and weakened liquidity.
WORKHORSE GROUP: Motive GM Holdings Owns 62.8% Equity Stake
-----------------------------------------------------------
Motive GM Holdings II, LLC, Gary Magness, and GMIT Lending Company,
LLC, disclosed in a Schedule 13D filed with the U.S. Securities and
Exchange Commission that as of December 15, 2025, they beneficially
own 6,629,800 shares of common stock (directly held by Motive GM
Holdings II, LLC, with Gary Magness as manager and shared
beneficial ownership through control entities; acquired as merger
consideration in exchange for indebtedness of Motiv Power Systems,
Inc. pursuant to the consummation of the merger on December 15,
2025) of Workhorse Group Inc.'s common stock, $0.001 par value,
representing 62.8% of the 10,560,661 shares outstanding.
Motive GM Holdings II, LLC may be reached through:
Gary Magness, Manager
GMIT Lending Company, LLC
4643 South Ulster Street, Suite 1400
Denver, CO 80237
Tel: 303.572.6400
A full-text copy of Motive GM Holdings II, LLC's SEC report is
available at: https://tinyurl.com/mpwkebwe
About Workhorse Group
Workhorse Group Inc. -- http://www.workhorse.com-- is an American
technology company with a vision to pioneer the transition to
zero-emission commercial vehicles. The Company designs, develops,
manufactures and sells fully electric ground and air-based electric
vehicles.
New York, N.Y.-based Berkowitz Pollack Brant Advisors + CPAs, the
Company's auditor since 2024, issued a "going concern"
qualification in its report dated March 31, 2025, attached to the
Company's Annual Report on Form 10-K for the year ended December
31, 2024, citing that the Company has incurred a net loss of $101.8
million and used $47.6 million of cash in operating activities
during the year ended December 31, 2024, and as of December 31,
2024 the Company had total working capital of $8.2 million,
including $4.1 million of cash and cash equivalents, and an
accumulated deficit of $853.4 million. These conditions, along with
the other matters, raise substantial doubt about the Company's
ability to continue as a going concern.
As of September 30, 2025, the Company had $116.7 million in total
assets, $84.7 million in total liabilities, and $32.1 million in
total stockholders' equity.
XEROX CORP: Pursues IP-Backed Debt Financing
--------------------------------------------
Alexander Gladstone of The Wall Street Journal reports that Xerox
is exploring potential debt financing that would use its
intellectual property as collateral, according to people familiar
with the matter. The company, historically known for its printers,
has faced continued losses amid increasing workplace digitization.
The office technology firm is reportedly seeking a $500 million
loan secured against its IP to strengthen liquidity. As of
September, Xerox held $479 million in cash and cash equivalents,
having used part of its funds to complete a $1.5 billion
acquisition of printer maker Lexmark in July, with the remainder
financed through new bonds, the report states.
Shares have dropped nearly 60% since the Lexmark deal, trading
around $2.70 on Monday. Xerox did not comment on the debt financing
plans. The company is represented by Kirkland & Ellis and Lazard,
while debtholders are represented by Gibson Dunn & Crutcher and
Moelis, according to report.
About Xerox Corp.
Xerox is headquartered in Norwalk Connecticut, but is incorporated
in the state of New York. The company provides printing, scanning,
and photocopy technology and related services (e.g., document
management, workflow automation, and IT support). Xerox is
presently a Fortune 500 company, which is publicly traded on major,
global stock exchanges, including the NASDAQ under ticker symbol
$XRX.
ZYNEX INC: Enters Chapter 11 With Restructuring Support Agreement
-----------------------------------------------------------------
Zynex, Inc. and certain of its subsidiaries, on December 15, 2025,
filed voluntary petitions under chapter 11 of title 11 of the
United States Code in the United States Bankruptcy Court for the
Southern District of Texas.
The Company has requested that the Court administer the Chapter 11
Cases jointly for administrative purposes only under the caption In
re Zynex, Inc., et al.
The Company filed customary first day motions with the Court to
permit the Company to maintain stable operations during the Chapter
11 process, requesting, among other relief, interim approval of the
DIP Facility and authority to pay certain of the Company's vendor,
tax, insurance and employee wages and benefits obligations in the
ordinary course of business.
Additional information about the Chapter 11 Cases and copies of
motions and proposed orders filed with the Court and other
documents related to the court-supervised process, are available at
https://dm.epiq11.com/Zynex.
Restructuring Support Agreement:
On the Petition Date, prior to commencing the Chapter 11 Cases, the
Company Parties entered into a restructuring support agreement
(including (i) a term sheet annexed thereto setting forth the terms
of the DIP Facility and (ii) a term sheet setting forth the key
terms of the Restructuring Transactions and together with all
annexes and exhibits thereto, the "RSA") with certain holders of,
or investment advisors, sub-advisers or managers of discretionary
accounts that hold, the Company's 5.00% Convertible Senior Notes
due 2026 and certain lenders under the DIP Facility, all of which
are also Consenting Noteholders.
As of the date of the RSA, the Consenting Noteholders hold, in
aggregate, approximately 80% of the outstanding principal amount of
the Company's Convertible Notes Claims.
The RSA contemplates the RSA DIP Lenders together with Steven
Dyson, chief executive officer (or an entity controlled by Mr.
Dyson) providing a $22.3 million DIP Facility, as described below
and the Company implementing a competitive sale process in-Court to
sell all or substantially all of the Company's assets or equity
interests pursuant to a chapter 11 plan.
Pursuant to the RSA, each Consenting Noteholder and RSA DIP Lender,
as applicable, agreed to, among other things:
(i) support the Restructuring Transactions and timely vote to
approve the Plan;
(ii) negotiate in good faith, and use commercially reasonable
efforts to execute and implement, the definitive documents
necessary to effectuate the Restructuring Transactions;
(iii) not delay, impede, or take any action to interfere with
implementation and consummation of the Restructuring Transactions
or support any other party in taking such actions; and
(iv) provide the DIP Facility, credit bid the DIP Facility for
all or substantially all of the Company's assets or equity
interests and serve as the Plan Sponsor (the successful bidder to
be designated by the Company Parties as part of the Plan or a
supplement thereto).
Under the RSA, the Company Parties agreed to, among other things:
(i) support, act in good faith, and take all reasonable
actions necessary, or reasonably requested by the Requisite
Consenting Noteholders, to implement and consummate the
Restructuring Transactions;
(ii) negotiate in good faith, and use commercially reasonable
efforts to execute and implement, the definitive documents
necessary to effectuate the Restructuring Transactions;
(iii) designate the bid by the Consenting Noteholders as the
stalking horse bid for the purposes of the bidding procedures; and
(iv) not sell any assets other than sales permitted by the DIP
Credit Agreement.
Milestones under the RSA include, among others:
(i) entry of an interim order approving the DIP Facility no
later than 3 business days after the Petition Date and a final
order no later than 30 days after the Petition Date,
(ii) a bid deadline of no later than 75 days after the Petition
Date,
(iii) an auction (if any) no later than 90 days after the
Petition Date,
(iv) confirmation of the Plan no later than 95 days after the
Petition Date, and
(v) emergence from Chapter 11 no later than 105 days after the
Petition Date.
The RSA is terminable by the Requisite Consenting Noteholders
(defined as Consenting Noteholders holding more than 50.1% of the
aggregate principal amount outstanding of the Convertible Notes
Claims held by all Consenting Noteholders) if certain events occur,
including but not limited to:
(i) a material breach by the Company of the RSA (subject to a
three business day cure period following notice of such breach),
(ii) any of the milestones not being achieved;
(iii) an order by a governmental entity that enjoins a material
portion of the Restructuring Transactions (subject to a fifteen
business day cure period following notice of such order), and
(iv) the occurrence of Chapter 11 events of default, including
the DIP Facility not being approved.
The RSA is terminable by the Required DIP Lenders (RSA DIP Lenders
holding more than 50% of the sum of unfunded commitments and
outstanding loans under the DIP Facility excluding any held by the
Affiliated Lender) if certain events occur, including but not
limited to:
(i) the DIP Facility not being approved by the Court or an
event of default occurs thereunder,
(ii) certain changes to the special committee of the board of
directors and
(iii) any event giving rise to a termination right of the
Requisite Consenting Noteholders.
The RSA is terminable by the Company if certain events occur,
including but not limited to:
(i) a breach of the terms of the RSA by the Consenting
Noteholders, such that the non-breaching Consenting Noteholders own
or control less than 66.67% of the aggregate principal amount of
all outstanding Convertible Notes Claims (subject to a
fifteen-business day cure period following notice of such breach)
and
(ii) the determination by the special committee of the board of
directors of the Company that proceeding with the Restructuring
Transactions would be inconsistent with its fiduciary duties or
applicable law (or an alternative restructuring is pursued in
accordance with fiduciary duties).
The RSA automatically terminates on the date the Plan becomes
effective. The RSA may be amended with the consent of the Company
Parties, the Requisite Consenting Noteholders and the Required DIP
Lenders, subject to certain exceptions.
Debtor-in-Possession Financing:
Pursuant to the terms of the RSA, the RSA DIP Lenders have agreed,
subject to the satisfaction of customary conditions, including
approval of the Court (which has not been obtained at this time),
to provide a $22.3 million delayed draw secured term loan available
in three draws of $10.15 million on initial draw, $5 million on the
second draw, and $7.15 million on the third draw, subject to
satisfaction of certain conditions precedent.
The DIP Facility is expected to bear interest at 10% per annum.
As disclosed in the pleadings filed with the Court, the Affiliated
Lender has indicated agreement to serve as a DIP Lender and fund
$2.0 million of the total $22.3 million DIP Facility, in the first
draw, in accordance with the terms of the DIP Facility.
The DIP Facility is expected to include conditions precedent,
representations and warranties, affirmative and negative covenants
and events of default customary for financings of this type and
size.
The proceeds of all or a portion of the proposed DIP Facility may
be used by the Company Parties to:
(i) pay certain costs, fees and expenses related to the
Chapter 11 Cases and
(ii) fund working capital needs and expenditures of the Company
Parties, in all cases subject to the terms of the credit agreement
governing the DIP Facility and applicable orders of the Court.
A full-text copy of the RSA (including the DIP Term Sheet setting
forth the terms of the DIP Financing), is available at
https://tinyurl.com/yfw9j3bc
Triggering Events that Accelerate Direct Financial Obligation:
The filing of the Chapter 11 Cases constitutes an event of default
under the Company's approximately $60.0 million of aggregate
principal amount (plus any accrued but unpaid interest in respect
thereof) of the Company's 5.00% Convertible Senior Notes 2026 under
the indenture, dated as of May 9, 2023 (as amended, supplemented or
modified from time to time, the "Indenture") between the Company
and U.S. Bank Trust Company, National Association, as trustee.
The Indenture provides that, as a result of the Chapter 11 Cases,
the principal and interest due thereunder shall be immediately due
and payable without notice from the lenders or noteholders
thereunder. Any efforts to enforce such payment obligations under
the Indenture are automatically stayed as a result of the
commencement of the Chapter 11
Cases, and the creditors' rights of enforcement in respect of the
Indenture is subject to the applicable provisions of the Bankruptcy
Code.
Cleansing Material:
The Company entered into confidentiality agreements with the
Consenting Noteholders in order to engage in strategic discussions
regarding the Company's capital structure which ultimately led to
the RSA. The Confidentiality Agreements require the Company to
publicly disclose certain confidential information provided to such
parties in connection with such discussions upon the occurrence of
certain events.
A copy the Cleansing Material is available at
https://tinyurl.com/3vyuuvrk
The Cleansing Material was prepared for purposes of discussion with
parties to the Confidentiality Agreements and was not prepared with
a view toward public disclosure. The Cleansing Material should not
be relied upon to make an investment decision with respect to the
Company nor as a prediction of future events. Neither the Company
nor any of its affiliates or representatives or any third party has
made or makes any representation to any person regarding the
accuracy or completeness of the Cleansing Material, and none of
them undertakes any obligation to update the Cleansing Material
after November 13, 2025, the date of the Cleansing Material, or to
reflect the occurrence of future events.
About Zynex Inc.
Zynex Inc. is a medical technology firm specializing in
non-invasive devices for pain management and rehabilitation.
Zynex Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Case No. 25-90810) on December 15, 2025. In
its petition, the Debtor reports estimated assets and liabilities
between $50 million and $100 million each.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor is represented by Omar Jesus Alaniz, Esq. of Reed Smith,
LLP.
[] BOOK REVIEW: Bendix-Martin Marietta Takeover War
---------------------------------------------------
MERGER: The Exclusive Inside Story of the Bendix-Martin Marietta
Takeover War
Author: Peter F. Hartz
Publisher: Beard Books
Soft cover: 418 pages
List Price: $34.95
Review by Gail Owens Hoelscher
http://www.beardbooks.com/beardbooks/merger.html
William Agee, the youngest man ever to head one of the top 100
American corporations, seemed unstoppable. In 1977, at the age of
39, he took over Bendix Corporation, an aerospace, automotive, and
industrial firm, determined to diversify the company out of the
automotive industry. In his words, "Automobile brakes are in the
winter of their life and so is the entire automobile industry." He
sold off a few Bendix units, got some cash together, and began to
look for acquisitions.
Then Agee's relationship with Mary Cunningham burst into the news.
Agee had promoted Cunningham from his executive assistant to vice
president, to the outrage of other Bendix employees. Their affair,
replete with power, brains, youth, good looks, charm, denial, and
deceit, fascinated the American public. Cunningham was forced to
leave Bendix to work for Seagrams, with the entire country
wondering just how well she would do. The two divorced their
respective spouses and married soon thereafter. To the chagrin of
many, Cunningham continued to play a pivotal role in Bendix
affairs.
Eager to regain his standing, Agee turned to acquisition as soon as
the gossip died down. A failed attempt to acquire RCA left him more
determined than ever. He then set his sights on Martin-Marietta, an
undervalued gem in the 1982 stock market slump.
Thus began an all-out war of tenders and countertenders, egoism and
conceit, half-truths and dissimulation, and sudden alliances and
last-minute court decisions.
This is a very exciting account of the war's scuffles, skirmishes,
and battles. The author, son of a long-time Bendix director, was
able to interview some of the major participants who most likely
would have refused the requests of other authors. Some gave him
access to personal notes from the various proceedings. The author
thoroughly researched the documents involved in the takeover war,
as well as news reports and press releases. He explains the
complicated legal maneuverings very clearly, all the while keeping
the reader entertained with the personal lives and thoughts of the
players.
People love this book. The New York Times Book Review said
"Aggression and treachery, hairbreadth escapes and last-minute
reversals, "white knights" and "shark repellants" -- all of these
and more can be found in the true-life adventure of the
Bendix-Martin Marietta merger war." The Wall Street Journal said
"Merger brims with tension, authentic-sounding dialogue and insider
detail."
Peter F. Hartz was born in Toronto, Canada, in 1953, and moved to
the U.S. as a child. He holds degrees from Colgate University and
Brown University. He lives in Toluca Lake, California.
[] December 2025 Sees Surge in Healthcare Bankruptcies
------------------------------------------------------
Madeline Ashley of Becker's Hospital Review reports that December
2025 has seen a surge of healthcare bankruptcies, with three
providers in Arizona, California, and Kansas seeking or preparing
to seek Chapter 11 protection within the first three weeks of the
month. The wave reflects ongoing financial pressures on hospitals
and community providers nationwide.
The filings highlight the need to safeguard operations, restructure
finances, and ensure long-term organizational stability. Many
community hospitals and safety-net providers are struggling to
balance patient care delivery with financial sustainability,
according to report.
In Flagstaff, Arizona, North Country HealthCare, a federally
qualified community health center, will file for Chapter 11 on Dec.
19. The provider has signed a non-binding term sheet with
Tucson-based El Rio Health. Leaders say the proposed transaction
would help sustain primary care access, with no disruption to
employee paychecks or patient care.
Meanwhile, Rock Regional Hospital in Derby, Kansas, filed for
Chapter 11 earlier in December to maintain operations while
pursuing financial restructuring. Oroville Hospital and OroHealth
in California filed petitions on Dec. 8 to facilitate a partnership
capable of investing in the organization and supporting its
long-term mission, the repotr.
*********
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