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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
Monday, January 26, 2026, Vol. 30, No. 26
Headlines
1226 EVERGREEN: Case Summary & Three Unsecured Creditors
15 & 23 VAN SICLEN: Voluntary Chapter 11 Case Summary
1932 CENTRAL: Seeks Chapter 11 Bankruptcy in Illinois
420 EASTERN: Lender Seeks to Prohibit Cash Collateral Access
500909013 ONTARIO: To Sell Ripskirt Hawaii Asset to Sierra Brands
A& M AUTOBODY: Seeks Chapter 11 Bankruptcy in Massachusetts
ALBERTSONS COS: S&P Rates Proposed Senior Unsecured Notes 'BB+'
ALKERMES INC: Moody's Assigns 'Ba2' CFR, Outlook Stable
ALL-NIGHT TOWING: Seeks Chapter 7 Bankruptcy in Washington
ANASTASIA PARENT: Moody's Ups CFR to Caa1, Alters Outlook to Stable
ANTELOPE HOSPITALITY: Inks Deal to Access SBA's Cash Collateral
ANTELOPE HOSPITALITY: Inks Deal to Use First Utah's Cash Collateral
ANTHOLOGY INC: Gets Court OK for Ch. 11 Reorganization Plan
AQUA RESOLUTION: Seeks Chapter 11 Bankruptcy in Illinois
ARCHDIOCESE OF NEW ORLEANS: Claimants Move to Fight Diocese Fees
ARM VENTURES: Gets Interim OK to Use Cash Collateral
ASHLAND HEALTHCARE: Seeks Chapter 11 Bankruptcy in Texas
ASURION LLC: S&P Rates Proposed $1.66BB Second-Lien Notes 'B'
AUGUSTA QUALITY: Gets Interim OK to Use Cash Collateral
BALTIMORE INTERNATIONAL: Case Summary & Five Unsecured Creditors
BASIC FOOD: Summary Judgment Ruling in "Lee" Reversed
BLACK CANOE: To Sell Vernon Property to Spiro Muka for $599K
BLACK SHEEP: Case Summary & 20 Largest Unsecured Creditors
BOREN INC: Court Extends Cash Collateral Access to Feb. 18
BRIGHTLINE TRAINS: Fitch Lowers $2BB PABs to 'CCC', On Watch Neg.
BUCC ENTERPRISES: Unsecureds Will Get 20% of Claims in Plan
BUDDY MAC: To Sell Missouri Stores to National TV Sales for $700K
BULLDOG PURCHASER: Moody's Affirms B3 CFR, Outlook Remains Stable
CARMEN'S CUBAN: Gets Interim OK to Use Cash Collateral
CHANNELVIEW HOTEL: Must File Schedules & Statements by Feb. 19
CK BUILDERS: To Sell 318 Elks Drive Property to C. & C. Castro
COAST TO COAST: Gets Interim OK to Use Cash Collateral
COLUMBUS MCKINNON: Moody's Rates New $1.225BB Secured Notes 'Ba3'
CTF CHICAGO: Court Extends Cash Collateral Access to Feb. 19
DARDEN ENTERPRISES: Voluntary Chapter 11 Case Summary
DAVIS PROPERTY: Rental Income & Sale Proceeds to Fund Plan
DIFONZO HOLDINGS: Unsecureds Will Get 0.72% of Claims over 5 Years
E. GLUCK CORP: To Sell Membership Interest to WITHit Holdings
EDWA CONSTRUCTION: Seeks Chapter 11 Bankruptcy in Illinois
EMPRESS LLC: Voluntary Chapter 11 Case Summary
ENVELOPE 1 INC: Gets Extension to Access Cash Collateral
EXTENSIONS PLUS: Has Deal on Cash Collateral Access
FALLS OF BRAEBURN: Gets Extension to Access Cash Collateral
FERGUSON, MO: Moody's Cuts Issuer to Ba1 & Lease Ratings to Ba2
FIRST BRANDS: Deal Lifts Stay, Keeps Affiliate Cases Active
FLAMINGO SEPTIC: Gets Extension to Access Cash Collateral
FOCUS FINANCIAL: Moody's Affirms B2 CFR, Outlook Remains Negative
FTX TRADING: Trust to Appeal Chapter 11 Charity Claim Dispute Loss
GAP INC: Moody's Affirms 'Ba2' CFR & Alters Outlook to Positive
GEORGIA PROTONCARE: Case Summary & 20 Largest Unsecured Creditors
GEORGIA PROTONCARE: Seeks to Sell Treatment Center at Auction
GIBRALTAR INDUSTRIES: S&P Assigns 'BB-' ICR, Outlook Stable
GLOBAL SUPPLIES: Unsecureds Will Get 18% Dividend over 60 Months
HANSEN-MUELLER: Gets Extension to Access Cash Collateral
HERITAGE COLLEGIATE: Court Narrows Claims in Elemental, et al. Case
HERITAGE COLLEGIATE: Court Narrows Claims in Vault 26 Case
HILBERT GROUP: Case Summary & 16 Unsecured Creditors
HILLSDALE PALLETS: Unsecureds to Split $60K in Consensual Plan
HYDE ENVIRONMENTAL: Gets Extension to Use Cash Collateral
ICRYO BRANDS: Seeks Chapter 11 Bankruptcy in Texas
IROBOT CORP: Secures Court Approval for Chapter 11 Plan
J AND A 5TH AVE: Rental Income & Loan Modification to Fund Plan
J. PATRICK LEE: To Sell Komatsu Excavator to Greentek Resources
JANEP HOLDINGS: Case Summary & Two Unsecured Creditors
JB GROUP: To Sell Construction Biz to Basta Trading for $6.3MM
KULA GRAIN: Files Amendment to Disclosure Statement
LANGUAGE KIDS: Gets Interim OK to Use Cash Collateral
LAUNDROMAT OF NEVADA: Has Deal on Cash Collateral Access
LAZY T TIRE: Case Summary & 20 Largest Unsecured Creditors
LAZY T TIRE: Seeks Subchapter V Bankruptcy in Nebraska
LEHMAN BROTHERS: U.S. Bank Wins Bid to Dismiss O'Hara Case
LEV DIAGNOSTICS: Section 341(a) Meeting of Creditors on February 23
LINQTO INC: Creditors Say Chapter 11 Plan Docs Lack Vital Info
LUTHERAN HOME: Unsecureds Will Get 30% to 41% of Claims in Plan
MAIN STREET DELI: Seeks Chapter 7 Bankruptcy in Massachusetts
MANAGEMENT MCOA: Seeks to Use $1.67MM in Cash Collateral
MARINER'S GATE: Lender Seeks to Prohibit Cash Collateral Access
MAXIMUS SUPPLY: Court OKs Continued Access to Cash Collateral
MBK HOLDINGS: Gets Interim OK to Use Cash Collateral
MEHRI AKHLAGHPOUR: Can Continue Malpractice Suit v. Ex-Counsel
NBA PROPERTIES: To Sell Pasadena Property to G. Green & Beverly Lu
NEXT DAY: Seeks Chapter 11 Bankruptcy in Texas
NORCOLD LLC: U.S. Trustee Challenges Chapter 11 Insider Deal
OM SAI MED: Gets Interim OK to Use Cash Collateral
OSMOSE UTILITIES: S&P Alters Outlook to Negative, Affirms 'B-' ICR
PENN BIDCO: Moody's Assigns 'B2' CFR & First Lien Term Loan 'B2'
PETCO HEALTH: Moody's Rates New Sr. Secured First Lien Notes 'B3'
PLUTO ACQUISITION: Moody's Affirms Caa2 CFR & Cuts Term Loan to Ca
PRECISION TRADES: Case Summary & 15 Unsecured Creditors
PROEMA AUTOMOTIVA: Asks Court for Chapter 15 Discovery
PROTRADE LOGISTICS: Seeks Chapter 11 Bankruptcy in Illinois
QUALITY OFFICE: Case Summary & 20 Largest Unsecured Creditors
R INTERCONNECTIONS: Seeks Cash Collateral Access Thru Feb 15
RDL SOLUTIONS: Gets Interim OK to Use Cash Collateral
RITHM CAPITAL: Fitch Publishes 'BB-' LongTerm IDR, Outlook Stable
ROOFING DESIGNS: Kinsale Wins Bid to Dismiss Adversary Case
SAKS GLOBAL: Wins Approval to Liquidate Online Unit Inventory
SAM'S DINER: Gets Interim OK to Use Cash Collateral
SANFORD CONTROLS: Gets Interim OK to Use Cash Collateral
SAVI CONSTRUCTION: Unsecureds to Split $50K over 60 Months
SCV GRAPHIC: To Sell Graphic Design Equipment to 360 Creative
SHIVSANYA CORP: Claims to be Paid from Asset Sale Proceeds
SHOSHANAH FASHIONS: Gets Interim OK to Use Cash Collateral
SHOSHANAH FASHIONS: Seeks Chapter 11 Bankruptcy in Massachusetts
SOUTHERN TREE: Gets Extension to Access Cash Collateral
SUNSOURCE BORROWER: S&P Affirms 'B' ICR on Acquisition
SUPERIOR ENERGY: Abaco Energy Deal No Impact on Moody's 'B1' CFR
TECHNICAL ARTS: Has Until May 18 to Decide on Unexpired Lease
TMT GROUP: Gets Interim OK to Use Cash Collateral
TONOPAH SOLAR: Gets Court OK to Tap $5MM DIP Funding
TONOPAH SOLAR: Seeks to Sell Assets on March 4 Auction
TRASK RADIO: Files Amendment to Disclosure Statement
TRUCK & TRAILER: To Sell Reitnouer Trailers to Interstate 365
TRUE MADE: Court OKs $370,000 DIP Loan
UNIVERSAL DESIGN: To Sell Jacksonville Property to Fuada Velic
UNIVERSITY OF HARTFORD: S&P Affirms 'BB+' LT Rating on N/P Bonds
VEGAS CUSTOM: Unsecured Creditors to Split $40,620 in Plan
VISIONWRIGHTS: Files Emergency Bid to Use Cash Collateral
W.R. GRACE: S&P Rates Proposed $500MM Senior Secured Notes 'B-'
WATCHTOWER FIREARMS: Updates Liquidating Plan Disclosures
WHITE ROCK MEDICAL: Seeks Chapter 11 Bankruptcy in Texas
WHITEHALL PHARMACY: Seeks to Use Cash Collateral
WISCONSIN LLC: Involuntary Chapter 11 Case Summary
ZAMA&ZAMA INC: Income & New Value Contribution to Fund Plan
ZELIS HOLDINGS: S&P Alters Outlook to Positive, Affirms 'B' ICR
*********
1226 EVERGREEN: Case Summary & Three Unsecured Creditors
--------------------------------------------------------
Debtor: 1226 Evergreen Bapaz LLC
477 Ralph Avenue
Brooklyn, NY 11233
Business Description: 1226 Evergreen Bapaz LLC owns and manages a
single multi-family rental property at 1226
Evergreen Avenue in the Bronx, New York.
Chapter 11 Petition Date: January 23, 2026
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 26-40341
Judge: Hon. Elizabeth S Stong
Debtor's Counsel: Charles Wertman, Esq.
LAW OFFICES OF CHARLES WERTMAN P.C.
100 Merrick Road Suite 304W
Rockville Centre NY 11570-4807
Tel: 516-284-0900
Email: charles@cwertmanlaw.com
Total Assets: $1,200,000
Total Liabilities: $2,450,754
The petition was signed by Shahab Berokhim as managing member.
A full-text copy of the petition, which includes a list of the
Debtor's three unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/GZ5WHUI/1226_Evergreen_Bapaz_LLC__nyebke-26-40341__0001.0.pdf?mcid=tGE4TAMA
15 & 23 VAN SICLEN: Voluntary Chapter 11 Case Summary
-----------------------------------------------------
Debtor: 15 & 23 Van Siclen Ave Properties, LLC
1859 54th Street
Brooklyn, NY 11204
Business Description: 15 & 23 Van Siclen Ave Properties, LLC
is a single-asset real estate company with
its principal assets located at 15 & 23 Van
Siclen Avenue in Floral Park, New York.
Chapter 11 Petition Date: January 23, 2026
Court: United States Bankruptcy Court
Eastern District of New York
Case No.: 26-40335
Judge: Hon. Elizabeth S Stong
Debtor's Counsel: Leo Jacobs, Esq.
JACOBS P.C.
717 5th Avenue, Fl 17
New York, NY 10022
Tel: (212) 229-0476
Fax: (212) 937-3368
E-mail: leo@jacobspc.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Michael Schwartz as sole member.
The petition was filed without the Debtor's list of its 20 largest
unsecured creditors.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/G77BNGA/15__23_Van_Siclen_Ave_Properties__nyebke-26-40335__0001.0.pdf?mcid=tGE4TAMA
1932 CENTRAL: Seeks Chapter 11 Bankruptcy in Illinois
-----------------------------------------------------
On January 20, 2026, 1932 Central LLC filed for Chapter 11
protection in the Northern District of Illinois. According to court
filings, the Debtor reports between $1 million and $10 million in
debt owed to 1-49 creditors.
About 1932 Central LLC
1932 Central LLC is an Illinois-based limited liability company
engaged in commercial real estate ownership and property
management, holding assets primarily located along Central Avenue
in Illinois.
1932 Central LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 26-00923) on January 20, 2026. In
its petition, the Debtor reports estimated assets of $1 million-$10
million and estimated liabilities of $1 million-$10 million.
Honorable Bankruptcy Judge Michael B. Slade handles the case.
The Debtor is represented by Scott R. Clar, Esq., Crane, Simon,
Clar & Goodman.
420 EASTERN: Lender Seeks to Prohibit Cash Collateral Access
------------------------------------------------------------
Silver Hill Capital, LLC asks the U.S. Bankruptcy Court for the
Eastern District of New York, Brooklyn Division, to prohibit 420
Eastern Parkway, LLC from using cash collateral, requiring adequate
protection payments, and compelling a full accounting and budget
for the Brooklyn property at 420 Eastern Parkway.
The Debtor's loan history includes a $2.2 million note and mortgage
executed in April 2019 with assignments of leases and rents, later
transferred through Bayview/Community to Silver Hill Capital by
recorded name changes and assignments in 2025.
After the Debtor defaulted, Silver Hill commenced foreclosure in
November 2022, obtained a receiver in July 2023, and a final
foreclosure judgment of $3,194,520 in June 2024. Three scheduled
foreclosure sales were each stayed by successive, last-minute
Chapter 11 filings by the Debtor (August 2024, May 2025, and
October 2025), all as a single-asset real estate debtor whose only
asset is the property. In the current case, the Debtor lists the
property at $2.2 million and year-to-date rental income of $70,000
but has not employed counsel, sought authorization to use cash
collateral, or filed operating reports.
Silver Hill asserts a perfected security interest in post-petition
rents under the mortgage and assignment of rents, argues the Debtor
is improperly using cash collateral without consent or court
approval, and seeks to halt such use unless adequate protection
equal to the contractual payment is made.
The creditor further demands a detailed accounting of all pre- and
post-petition rental income since August 9, 2024, turnover of those
funds, production of leases and a rent roll, a proposed
income/expense budget, segregation of rents in a DIP account, and
replacement liens in post-petition proceeds.
A copy of the motion is available at https://urlcurt.com/u?l=NTybG4
from PacerMonitor.com.
About 420 Eastern Parkway LLC
420 Eastern Parkway, LLC holds full ownership of a 16-unit
apartment building at 420 Eastern Parkway in Brooklyn, New York,
with an estimated value of $2.2 million.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. N.Y. Case No. 25-44876) on October 9,
2025. In the petition signed by Sylvester H. Drew, president, the
Debtor disclosed $2,285,000 in total assets and $3,335,273 in total
liabilities.
Judge Nancy Hershey Lord oversees the case.
Narissa A. Joseph, Esq. represents the Debtor as legal counsel.
Silver Hill Capital, LLC, as lender, is represented by:
Jenelle Arnold, Esq
Aldridge Pite, LLP
3333 Camino Del Rio South
Suite 225
San Diego, CA 92108
Telephone: (858) 750-7600
Facsimile: (619) 590-1385
Email: JArnold@aldridgepite.com
500909013 ONTARIO: To Sell Ripskirt Hawaii Asset to Sierra Brands
-----------------------------------------------------------------
KPMG Inc., in its capacity as the court-appointed receiver of
5009013 Ontario Ltd. and its affiliates, seeks permission from the
U.S. Bankruptcy Court for the Southern District of New York, to
sell Ripskirt Hawaii LLC's Assets, free and clear of liens, claims,
interests, and encumbrances.
On May 14, 2025, the Canadian Court entered an order appointing
KPMG as the Receiver, without security, over all the present and
future assets, undertakings, and properties of each of the Debtors
acquired for, or used in relation to, a business carried on by each
Debtor, including all proceeds.
The Debtors had more than $37 million in outstanding indebtedness
owing to RBC, exclusive of interest, fees, and expenses, with such
indebtedness secured by first priority liens on and security
interests in the Property.
Upon the Canadian Court's entry of the Appointment Order, the
Receiver immediately began working in good faith and with due
diligence to fulfill its duties and responsibilities under the
Appointment Order with the aim to pursue a sale process with
respect to the Debtors' assets in an effort to maximize value for
the benefit of all stakeholders.
Prior to the Petition Date, the Receiver understands the Debtors
explored a sale, refinancing and/or recapitalization of the
Ripskirt business in 2024. As part of the 2024 Solicitation
Process, the Receiver understands the market was widely canvassed
with approximately 350 parties contacted about the opportunity,
comprised of approximately 80 strategic and 270 financial buyers.
Contemporaneous with the sale process involving the other Debtors'
assets, the Receiver has been actively marketing Ripskirt's
business and assets in an effort to maximize value.
The Receiver held introductory calls with many of these parties,
and 15 of the Interested Parties executed non-disclosure agreements
with the Receiver and were provided access to a virtual data room
maintained by the Receiver containing financial, operational, and
other diligence information concerning Ripskirt and its assets to
assist the Interested Parties in evaluating a potential
transaction.
The Receiver received one letter of intent from an Interested
Party, Sierra Brands Group LLC, regarding a potential transaction
involving some or all of the Selling Debtor's business and assets,
which remained subject to additional due diligence.
Accordingly, on January 18, 2026, the Receiver entered into the
Asset Purchase Agreement (APA) with the Purchaser providing for the
sale of substantially all of the Selling Debtor's assets on the
terms and conditions set forth. https://urlcurt.com/u?l=Cr0yCI
The Foreign Representative believes that the APA is fair and
reasonable under the circumstances, is the result of good faith,
arm's-length negotiations, and is in the best interests of the
Debtors and all stakeholders.
The purchase price is $873,739.07 in cash.
The Foreign Representative also submits that it is appropriate to
sell the Purchased Assets free and clear of successor liability.
The APA was negotiated without fraud or collusion, in good faith,
and from an arm's-length bargaining position.
The Foreign Representative submits that the notice for this Motion,
which is being served on all contract counterparties, and in the
Giftcraft Receivership in connection with the Approval and Vesting
Order, along with the consent requirements built into the APA for
Assumed Contracts.
About 5009013 Ontario Ltd.
5009013 Ontario Ltd. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr.S.D.N.Y. Case No.: 25-11030 (MG)) on May 20,
2025.
Judge Martin Glenn presides over the case.
Daniel G. Egan at Chipman Brown Cicero & Cole LLP represents the
Debtor as legal counsel.
A& M AUTOBODY: Seeks Chapter 11 Bankruptcy in Massachusetts
-----------------------------------------------------------
On January 20, 2026, A& M Autobody, Inc. filed for Chapter 11
protection in the U.S. Bankruptcy Court for the District of
Massachusetts. According to court filings, the debtor reports
between $1 million and $10 million in debt, owed to 1 to 49
creditors.
About A& M Autobody, Inc.
A& M Autobody, Inc. is an auto body repair company operating in
Massachusetts.
A& M Autobody, Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 26-40056) on January 20, 2026. In
its petition, the debtor reports estimated assets of $0 to $100,000
and estimated liabilities of $1 million to $10 million.
The case is assigned to Chief U.S. Bankruptcy Judge Elizabeth D.
Katz.
The debtor is represented by Marques C. Lipton, Esq., of Lipton Law
Group.
ALBERTSONS COS: S&P Rates Proposed Senior Unsecured Notes 'BB+'
---------------------------------------------------------------
S&P Global Ratings assigned its 'BB+' issue-level rating and '3'
recovery rating to U.S.-based food retailer Albertsons Cos. Inc.'s
(ACI) proposed senior unsecured notes, which will include a $1.1
billion tranche due 2032 and an incremental $500 million add-on to
its existing $800 million 5.75% due 2034. The '3' recovery rating
indicates its expectation for meaningful (50%-70%; rounded
estimate: 65%) recovery for lenders in the event of a payment
default. All its existing ratings on ACI, including the 'BB+'
issuer credit rating, are unchanged.
The notes will rank pari passu with the company's existing senior
unsecured notes. ACI intends to use the net proceeds from this
offering to fully redeem its $1.35 billion 4.625% senior notes due
2027 and redeem a portion of its outstanding $750 million 5.875%
senior notes due 2028. Therefore, S&P views the proposed
refinancing as leverage neutral.
S&P said, "Our rating on ACI reflects its position as a leading
food retailer with good market share and distribution capabilities
supported by its vast national network of over 2,200 stores. It
also reflects our expectation that the company will maintain a
balanced financial policy between shareholder returns and keeping
leverage within its current range. ACI's identical sales grew 2.4%
in the third quarter (ended Nov. 29, 2025) led by growth in its
pharmacy business. The company's investments in its digital
offerings are also contributing to growth, with digital sales
increasing 21% year-over-year and now representing 9.5% of total
sales. Still, ACI operates in a fiercely competitive environment
that is intensifying as nontraditional food retailers continue to
expand their grocery offerings. Additionally, margins continue to
experience pressure due to the company's shifting channel mix and
investments being made to improve its competitive offering. In
fiscal 2026, we expect similar trends and forecast very modest
EBITDA growth as the company's productivity improvements help
offset margin pressure."
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- S&P rates ACI's senior unsecured notes 'BB+', in line with its
issuer credit rating on the company. The '3' recovery rating
indicates its expectation for meaningful (50%-70%; rounded
estimate: 65%) recovery in the event of a payment default.
-- S&P typically caps its recovery ratings on the unsecured debt
issued by companies we rate in the 'BB' category at '3' to reflect
that, in distressed situations, they would likely incur additional
debt, which would dilute the recovery prospects for their lenders
in the event of a payment default.
-- S&P's analysis incorporates ACI's significant owned real estate
portfolio.
-- S&P's simulated default scenario contemplates a deterioration
in the company's cash flow due to an economic downturn,
which--combined with outsized and fast-paced share erosion from
lower-priced mass merchant and club competitors, as well as dollar
store operators--leads to a significant decline in its revenue and
profitability.
-- S&P's recovery analysis assumes $2.4 billion of borrowings will
be outstanding under the asset-based lending revolver at default,
which reflects a 60% utilization of the facility's $4 billion
commitment less undrawn letters of credit.
Simulated default assumptions
-- Simulated year of default: 2031
-- EBITDA at emergence: $949 million
-- EBITDA multiple: 5x
-- Gross enterprise value: $4.7 billion
-- Gross real estate valuation: $14.3 billion
--Net residual value (after 5% property level costs): $8.8
billion
Simplified waterfall
-- Combined gross value: $13.6 billion
-- Net enterprise value after 5% administrative costs: $12.9
billion
-- Priority claims: $2.4 billion
-- Net value available to ACI unsecured notes: $10.5 billion
-- ACI unsecured notes claims: $7.5 billion
--ACI senior unsecured notes recovery expectations: 50%-70%
(rounded estimate: 65%)
Note: All debt amounts include six months of prepetition interest.
ALKERMES INC: Moody's Assigns 'Ba2' CFR, Outlook Stable
-------------------------------------------------------
Moody's Ratings assigned ratings to Alkermes, Inc. ("Alkermes"),
including a Ba2 Corporate Family Rating, Ba2-PD Probability of
Default Rating. Concurrently, Moody's assigned Ba2 ratings to the
senior secured bank credit facilities comprised of term loan A due
2031 and term loan B due 2031. Additionally, Moody's assigned an
SGL-1 Speculative Grade Liquidity Rating (SGL). The outlook is
stable.
The proceeds from the issuance of $750 million senior secured term
loan A due 2031 and $775 million senior secured term loan B due
2031 along with balance sheet cash will be used to acquire Avadel
Pharmaceuticals plc, a specialty biopharmaceutical company for
roughly $2.2 billion upfront and, to pay related transaction fees
and expenses.
Social and governance risk considerations were material to the
ratings assignment. Alkermes is exposed to social risks,
particularly with regards to customer relations, responsible
production and demographic and societal trends. The complexity and
potential harm related to the end use of the company's products
indicate inherent risk exposure, and the company's adherence to
manufacturing standards is a relevant consideration. Alkermes also
has above average exposure to any material changes to drug pricing
policies that occur in the US, given the vast majority of the
company's revenue is derived in the US. Among governance
considerations, are financial policy and risk management
considerations based on Moody's expectations that Alkermes is
likely to employ moderate financial leverage to support business
development, albeit followed by steady deleveraging.
RATINGS RATIONALE
Alkermes' Ba2 Corporate Family Rating reflects company's niche
specialization in conditions of the central nervous system
including schizophrenia, bipolar I and substance abuse disorders
and narcolepsy, which have high societal need. The rating also
considers Alkermes' expertise in drug delivery technology and its
high gross margins, as well as Moody's views that financial
leverage will be moderate following the acquisition of Avadel
Pharmaceuticals, with Moody's pro forma adjusted debt-to-EBITDA of
approximately 3.6x for the FY 2025. Moody's anticipates gross
debt/EBITDA in the range of 2.5x - 3.5x, over the next 12-18
months. The rating considers Alkermes' high cash levels, as well as
meaningful free cash flows. Risk factors include pipeline execution
risks, and revenue concentration in three franchises focused on
schizophrenia, bipolar I disorder and narcolepsy. Furthermore,
Alkermes is heavily concentrated in the US market. Alkermes' scale
is somewhat limited relative to other rated pharmaceutical
companies. Additionally, the company's largest drug Vivitrol faces
upcoming loss of exclusivity, early in 2027.
Alkermes' SGL-1 Speculative Grade Liquidity Rating reflects Moody's
expectations for very good liquidity over the next 12-15 months.
Alkermes' liquidity will be supported by a material cash balance of
approximately $500 million, at the close of the transaction.
Moody's estimates that the company will generate at least $250
million of annual free cash flow over the next 12 months. External
liquidity is minimal, since Alkermes does not maintain a revolving
credit facility.
The senior secured term loan A will have amortization of 2.5% in
the first two years, increasing to 5% for the following three
years, while senior secured term loan B will have 1% annual
amortization. There is also an excess cash flow provision for
mandatory debt repayment, set at 50% of the excess free cash flow,
with step-downs based on leverage. The senior secured term loan A
has a maximum secured net leverage covenant set at 4.25x (with step
downs beginning in December 2026) and a minimum consolidated
interest coverage covenant set at 2.5x There are no financial
covenants for the senior secured term loan B. Alternative sources
of liquidity are limited as substantially all assets are pledged.
Marketing terms for the new credit facilities (final terms may
differ materially) include the following: Incremental pari passu
debt capacity up to the greater of 100% of closing date EBITDA and
100% of Consolidated EBITDA, plus unlimited amounts subject to
3.75x secured net leverage ratio. There is no inside maturity
sublimit. A "blocker" provision restricts the transfer of material
intellectual property to unrestricted subsidiaries. Investments in
unrestricted subsidiaries are only permitted with the available
amounts under the unrestricted subsidiaries investment basket, the
ratio investment basket and the general investment basket. There
are no protective provisions restricting an up-tiering transaction.
Certain covenants may be suspended if the term loans achieve
investment grade ratings.
Alkermes' $750 million senior secured term loan A due 2031 and $775
million senior secured term loan B due 2031 are both rated Ba2,
same as the Ba2 Corporate Family Rating. The rating reflects the
fact that the senior secured term loans constitute the
preponderance of the company's debt.
ESG CONSIDERATIONS
Alkermes' CIS-3 indicates that ESG considerations have a limited
impact on the current credit rating with potential for greater
negative impact over time. Alkermes is exposed to social risks
(S-4), particularly with regards to customer relations, responsible
production and demographic and societal trends. The complexity and
potential harm related to the end use of the company's products
indicate inherent risk exposure, and the company's adherence to
manufacturing standards is a relevant consideration. Alkermes also
has above average exposure to any material changes to drug pricing
policies that occur in the US, given the vast majority of the
company's revenue is derived in the US. The score also reflects
exposure to governance risk (G-3), most notably related to
financial strategy and risk management. The score also reflects the
company's moderate leverage offset by a track record of operating
with low financial leverage. Lastly, environmental risk
considerations (E-2) reflects that the company does not face
significant environmental exposures that are materially different
than the industry norm.
The stable outlook reflects Moody's expectations for strengthening
in operating performance supported by growth of key franchises,
including Lybalvi and Lumryz. Furthermore, Moody's expects
Alkermes' financial leverage will improve, supported by EBITDA
growth and to a lesser extent debt repayment, over the next 12-18
months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to an upgrade of Alkermes' ratings include
organic earnings growth from the core specialty pharmaceuticals,
along with improved product diversity, and successful pipeline
execution. Additionally, Alkermes would need to effectively manage
its strategic initiatives under conservative financial policies
such that adjusted debt/EBITDA financial leverage is sustained
below 2.5x. The company would also need to maintain good liquidity
highlighted by consistently positive free cash flow, for an upgrade
to be considered.
Factors that could lead to a downgrade include weaker operating
results, particularly if the company faces material competitive
pressure in its key franchises. Additionally, should the company
pursue debt-financed acquisitions or share-holder distributions
such that adjusted debt/EBITDA is sustained above 3.5x, or if the
company fails to generate positive free cash flow on a sustained
basis, could lead to negative credit implications.
Alkermes, Inc. is a US subsidiary of Dublin, Ireland-based Alkermes
plc (collectively "Alkermes"). Alkermes is a specialty
biopharmaceutical company that develops medications in the areas of
neuroscience. Reported revenues pro forma for acquisition of Avadel
Pharmaceuticals for the twelve months ended September 30, 2025,
approximated $1.7 billion.
The principal methodology used in these ratings was Pharmaceuticals
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.
ALL-NIGHT TOWING: Seeks Chapter 7 Bankruptcy in Washington
----------------------------------------------------------
On January 19, 2026, All-Night Towing LLC filed for Chapter 7
protection in the U.S. Bankruptcy Court for the Western District of
Washington. According to court filings, the Debtor reports between
$100,001 and $1,000,000 in debt owed to 1–49 creditors.
About All-Night Towing LLC
All-Night Towing LLC provides vehicle towing and roadside
assistance services, supporting private motorists, commercial
clients, and law enforcement agencies.
All-Night Towing LLC sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. Case No. 26-10141) on January 19, 2026. In
its petition, the Debtor reports estimated assets of $0–$100,000
and estimated liabilities of $100,001–$1,000,000.
Honorable Bankruptcy Judge Christopher M. Alston handles the case.
The Debtor is represented by John A. Sterbick, Esq., of Sterbick
and Associates, P.S.
ANASTASIA PARENT: Moody's Ups CFR to Caa1, Alters Outlook to Stable
-------------------------------------------------------------------
Moody's Ratings upgraded Anastasia Parent, LLC's (doing business as
Anastasia Beverly Hills or ABH) Corporate Family Rating to Caa1
from Ca and the Probability of Default Rating to Caa1-PD from D-PD.
Moody's also assigned a Caa1 rating to the company's new $272
million backed senior secured first lien term loan due June 2030.
Moody's are withdrawing the Ca rating on the $650 million original
principal backed senior secured first lien term loan that was due
August 2025 following a restructuring agreement with lenders that
retired the instrument. The outlook changed to stable from
negative.
The CFR upgrade to Caa1 follows ABH's December 24, 2025
announcement [1] that it had completed a debt restructuring of its
$650 million first lien term loan. The restructuring included a
$225 million equity infusion from the founder, a debt pay down, a
debt to equity conversion, and a conversion of the remaining
principal and interest into the new term loan maturing June 2030.
As a result, total debt declined meaningfully to $272 million from
about $606 million resulting in a significant drop in cash interest
expense to approximately $23 million of annual cash interest at
current interest rates. Cash pro forma for the transactions
increased to roughly $33 million. Although ABH currently has no
committed revolver, the new structure allows for the addition of a
$30 million asset based lending (ABL) facility if needed, which
Moody's views as potential incremental liquidity support. Moody's
projects debt-to-EBITDA leverage to decline to a mid 5x range by
the end of 2026 from over 11x prior to the transaction due to the
lower debt and interest burden. The founding Soare family maintains
a majority equity position in the company following the
restructuring. Moody's considers the restructuring a resolution of
the missed payment default on the term loan, which along with the
CFR upgrade leads to an upgrade of the PDR to Caa1-PD. ABH had been
operating under a forbearance agreement with lenders following the
payment default.
RATINGS RATIONALE
The Caa1 CFR reflects ABH's reduced leverage and interest burden
and improved liquidity following the December 2025 debt
restructuring, but also the execution risk to sustain an earnings
turnaround. Lower interest expense will support a return to
positive free cash flow in 2026, while credit metrics are expected
to improve alongside ABH's robust 2026 product innovation schedule,
which should help drive higher sales volumes. Demand in the
prestige beauty category remains comparatively resilient, with
premium consumers showing fewer signs of trade down behavior than
mass market shoppers. The rating also considers elevated execution
risk as ABH implements its turnaround plan. A sustained improvement
would require renewed revenue and EBITDA growth, consistently
positive free cash flow, and durable margin gains. ABH's small
scale, concentration in brow focused products, and exposure to a
fragmented and highly competitive beauty market, where ongoing
investment in marketing and product relevance is essential, remain
constraining factors. The company's sales are heavily concentrated
in the US, increasing exposure to domestic economic conditions, and
its reliance on overseas sourcing leaves it vulnerable to tariffs
and elevated input costs over the next 12 months. These challenges
are partially offset by ABH's strong brand recognition, established
track record of product innovation, and solid presence across major
specialty retailers such as Sephora and Ulta, as well as its
expanding e commerce footprint through Amazon, TikTok Shop and
other digital channels, often supported by enhanced distribution
partnerships.
Governance risk is a key factor in the rating action. ABH has
historically pursued aggressive financial policies, reflected in
high leverage and periods of weak liquidity that ultimately
contributed to a distressed restructuring. The company has now
addressed its near-term maturities and improved its capital
structure through the recent refinancing. Continued prudent
financial management, disciplined capital allocation, and sustained
liquidity oversight will be important to maintaining credit
stability.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The stable outlook reflects Moody's expectations that ABH will
maintain adequate liquidity, benefit from lower debt and cash
interest, and generate sufficient cash flow to meet reduced debt
service, balanced against elevated execution risk given ongoing
category softness, intense competition, narrow product focus and
modest scale.
The ratings could be upgraded if the company sustainably improves
revenue and operating earnings through strong execution of new
product launches, good reinvestment, and cost discipline. An
upgrade would also require consistent, positive free cash flow
generation and Moody's adjusted debt to EBITDA sustained below
6.0x.
The ratings could be downgraded if earnings fail to improve, free
cash flow is weak, or liquidity deteriorates. A downgrade could
also result from unexpected operational setbacks in executing the
turnaround plan, including the inability to stabilize revenue and
EBITDA or sustain positive free cash flow. Debt funded acquisitions
or shareholder distributions could also lead to a downgrade.
The principal methodology used in these ratings was Consumer
Packaged Goods published in June 2022.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Founded in 1997 by beauty entrepreneur Anastasia Soare, Anastasia
Beverly Hills (ABH) is a prestige cosmetics brand known for its
innovation in brow, face, and lip products. Headquartered in Los
Angeles, ABH operates primarily in the US, with distribution
through major retailers such as Dillard's, Macy's, Nordstrom,
Sephora, Ulta, as well as expanding e-commerce channels. The
company generated approximately $240 million in revenue for the 12
months ending September 2025. ABH maintains a growing international
footprint with a presence in the UK, Europe, Middle East, and Asia.
The company is majority owned by the Soare family, with former
lenders and private equity firm TPG holding a minority stake.
ANTELOPE HOSPITALITY: Inks Deal to Access SBA's Cash Collateral
---------------------------------------------------------------
Antelope Hospitality, LLC and the U.S. Small Business
Administration advise the U.S. Bankruptcy Court for the District of
Arizona that they have reached an agreement regarding the Debtor's
use of cash collateral and now desire to memorialize the terms of
this agreement into an agreed order.
Antelope Hospitality, which operates a hotel located at 287 N. Lake
Powell Blvd, Page, Arizona, filed an emergency motion for interim
and final orders approving use of cash collateral on December 22,
2025. The property is encumbered by multiple liens: a first- and
second-position deed of trust and assignment of rents in favor of
First Utah Bank, and a third-position deed of trust in favor of the
SBA. In addition, the Debtor's personal property is subject to a
first-priority blanket lien for First Utah Bank and a
second-priority blanket lien for the SBA.
Under the stipulation, the SBA consents to the Debtor's use of cash
collateral for ordinary and necessary post-petition expenses
through April 30, in accordance with the budget and a total 20%
monthly variance.
As adequate protection, the Debtor will grant the SBA replacement
liens on post-petition assets to the same extent, validity, and
priority as its pre-bankruptcy liens, and make scheduled payments
of $900 on February 25, $900 on March 25, and $3,000 on April 25,
toward the indebtedness secured by the SBA lien. The stipulation
clarifies that the SBA retains the right to seek additional
adequate protection after April 30, including claims under 11
U.S.C. section 507(b) for any diminution in collateral value.
The Debtor is simultaneously negotiating with First Utah Bank for
its consent to cash collateral use during the approved period;
while a final agreement has not yet been reached, First Utah Bank
has consented to use through January 31, subject to the budget and
a 20% variance.
A copy of the motion is available at https://urlcurt.com/u?l=dHUBlh
from PacerMonitor.com.
About Antelope Hospitality
Antelope Hospitality LLC, doing business as Scenic View Inn,
operates a full-service hotel in Page, Arizona. The hotel is
positioned near major Northern Arizona attractions including
Antelope Canyon, Horseshoe Bend, Glen Canyon National Recreation
Area, Lake Powell, and local dining and shopping options, serving
as a base for tourists, photographers, and adventurers.
Antelope Hospitality filed for relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ariz. Case No. 25-12347) on December 22,
2025, listing up to $10 million in estimated assets and up to $50
million in estimated liabilities.
Honorable Bankruptcy Judge Paul Sala handles the case.
The Debtor is represented by Bradley D. Pack, Esq., at Engelman
Berger, PC.
ANTELOPE HOSPITALITY: Inks Deal to Use First Utah's Cash Collateral
-------------------------------------------------------------------
Antelope Hospitality, LLC and First Utah Bank advise the U.S.
Bankruptcy Court for the District of Arizona that they have reached
an agreement regarding the Debtor's use of cash collateral and now
desire to memorialize the terms of this agreement into an agreed
order.
The Debtor, which operates a hotel located at 287 N. Lake Powell
Blvd, Page, Arizona, sought authority to use cash collateral
through April 30 but the parties agreed that, while negotiations
continue, First Utah Bank would consent to the Debtor's use of cash
collateral only through January 31.
The Debtor's property is encumbered by multiple liens, including
first- and second-position deeds of trust and assignments of rents
in favor of First Utah Bank recorded in 2019, as well as a
third-position deed of trust in favor of the U.S. Small Business
Administration recorded in 2022. Additionally, the Debtor's
personal property is subject to a first-priority blanket lien in
favor of First Utah Bank and a second-priority blanket lien in
favor of the SBA, both perfected by UCC-1 filings.
Under the stipulation, the Debtor is authorized to use cash
collateral for ordinary and necessary post-petition expenses
through January 31, subject to the budget and a 20% variance for
January. First Utah Bank is granted replacement liens in
post-petition assets to the same extent, validity, and priority as
its pre-bankruptcy security interests to the extent cash collateral
is used.
The stipulation preserves all of First Utah Bank's rights to seek
additional adequate protection, including asserting claims under 11
U.S.C. section 507(b) for any diminution in value of its
collateral, beyond January 31.
A copy of the motion is available
at https://urlcurt.com/u?l=351vB2 from PacerMonitor.com.
About Antelope Hospitality
Antelope Hospitality, LLC, doing business as Scenic View Inn,
operates a full-service hotel in Page, Arizona. The hotel is
positioned near major Northern Arizona attractions including
Antelope Canyon, Horseshoe Bend, Glen Canyon National Recreation
Area, Lake Powell, and local dining and shopping options, serving
as a base for tourists, photographers, and adventurers.
Antelope Hospitality filed for relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Ariz. Case No. 25-12347) on December 22,
2025, listing up to $10 million in assets and up to $50 million in
liabilities.
Honorable Bankruptcy Judge Paul Sala handles the case.
The Debtor is represented by Bradley D. Pack, Esq., at Engelman
Berger, PC.
First Utah Bank, as secured creditor, is represented by:
Matthew H. Sloan, Esq.
Jennings Haug Keleher McLeod Waterfall, LLP
2800 North Central Avenue, Suite 1800
Phoenix, AZ 85004-1049
Telephone: 602-234-7800
Facsimile: 602-277-5595
mhs@jkwlawyers.com
ANTHOLOGY INC: Gets Court OK for Ch. 11 Reorganization Plan
-----------------------------------------------------------
Rick Archer of Law360 Bankruptcy Authority reports that education
technology group Anthology received court approval Friday, January
23, 2026, for a revised Chapter 11 reorganization plan that
incorporates a settlement of a prepetition lawsuit to help fund a
deal providing partial recoveries to unsecured creditors.
Under the confirmed plan, proceeds from the litigation settlement
will be used to increase distributions to unsecured claimholders,
allowing Anthology to move forward with its restructuring while
resolving objections tied to creditor recoveries and positioning
the company to emerge from bankruptcy, the report relays.
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.
AQUA RESOLUTION: Seeks Chapter 11 Bankruptcy in Illinois
--------------------------------------------------------
On January 17, 2026, Aqua Resolution LLC filed for Chapter 11
protection in the U.S. Bankruptcy Court for the Northern District
of Illinois. According to court filings, the debtor reports between
$1 million and $10 million in debt owed to 1–49 creditors.
About Aqua Resolution LLC
Aqua Resolution LLC is a company engaged in water-related services
and environmental solutions.
Aqua Resolution LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 26-00804) on January 17, 2026. In
its petition, the debtor reports estimated assets of
$100,001–$1,000,000 and estimated liabilities of $1 million–$10
million.
Honorable Bankruptcy Judge Michael B. Slade handles the case.
The debtor is represented by David P. Leibowitz, Esq. of the Law
Offices of David P. Leibowitz LLC.
ARCHDIOCESE OF NEW ORLEANS: Claimants Move to Fight Diocese Fees
----------------------------------------------------------------
Rick Archer of Law360 Bankruptcy Authority reports that sexual
abuse survivors' counsel argued Thursday, January 22, 2026, before
a Louisiana bankruptcy court that the claimants are entitled to
challenge fee requests filed in the Chapter 11 case of the Roman
Catholic Archdiocese of New Orleans, rejecting assertions that they
lack standing.
According to the survivors' attorneys, the resolution of
professional compensation requests directly impacts the value and
feasibility of any eventual recovery for abuse claimants, giving
them a continuing interest in how the estate is administered.
About Roman Catholic Church of
The Archdiocese Of New Orleans
The Roman Catholic Church of the Archdiocese of New Orleans --
https://www.nolacatholic.org/ -- is a non-profit religious
corporation incorporated under the laws of the State of Louisiana.
Created as a diocese in 1793, and established as an archdiocese in
1850, the Archdiocese of New Orleans has educated hundreds of
thousands in its schools, provided religious services to its
churches and provided charitable assistance to individuals in need,
including those affected by hurricanes, floods, natural disasters,
war, civil unrest, plagues, epidemics, and illness. Currently, the
archdiocese's geographic footprint occupies over 4,200 square miles
in southeast Louisiana and includes eight civil parishes:
Jefferson, Orleans, Plaquemines, St. Bernard, St. Charles, St. John
the Baptist, St. Tammany, and Washington.
The Roman Catholic Church for the Archdiocese of New Orleans sought
Chapter 11 protection (Bankr. E.D. La. Case No. 20-10846) on May 1,
2020. The archdiocese was estimated to have $100 million to $500
million in assets and liabilities as of the bankruptcy filing.
Judge Meredith S. Grabill oversees the case.
Jones Walker, LLP and Blank Rome, LLP, serve as the archdiocese's
bankruptcy counsel and special counsel, respectively. Donlin,
Recano & Company, Inc., is the claims agent.
The U.S. Trustee for Region 5 appointed an official committee of
unsecured creditors on May 20, 2020. The committee is represented
by the law firms of Pachulski Stang Ziehl & Jones, LLP and Locke
Lord, LLP. Berkeley Research Group, LLC is the committee's
financial advisor.
ARM VENTURES: Gets Interim OK to Use Cash Collateral
----------------------------------------------------
The U.S. Bankruptcy Court for the Southern District of Florida
entered a second interim order granting Arm Ventures, LLC approval
to use cash collateral.
Under the order, the Debtor is authorized to use cash collateral
only on an interim basis and strictly in accordance with the
revised budget. This authorization remains in effect through
January 29.
The Debtor projects total operational expenses of $11,048.
As adequate protection, secured lender Precedent Acquisitions, LLC
will be granted replacement liens on the Debtor's post-petition
assets similar to its pre-bankruptcy collateral, maintaining the
same validity and priority as its pre-bankruptcy liens.
In addition, the Debtor must make monthly payments of $7,000.
The court expressly reserved all rights regarding the validity,
priority, and extent of the secured lender's liens and claim
amounts.
The next hearing is scheduled for January 29.
About Arm Ventures LLC
Arm Ventures LLC sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-22944-LMI) on October
31, 2025.
The Debtor previously filed a Chapter 11 petition (Bankr. S.D. Fla.
Case No. 16-23633) on October 4, 2016. This bankruptcy case was
closed on May 15, 2017.
At the time of the recent filing, Debtor had estimated assets of
between $1,000,001 to $10 million and liabilities of between
$1,000,001 to $10 million.
Judge Laurel M. Isicoff (LMI) oversees the case.
Joel M. Aresty, P.A. is Debtor's legal counsel.
ASHLAND HEALTHCARE: Seeks Chapter 11 Bankruptcy in Texas
--------------------------------------------------------
On January 21, 2026, Ashland Healthcare, LLC filed for Chapter 11
protection in the Southern District of Texas. According to court
filings, the Debtor reports between $10 million and $50 million in
debt owed to 1-49 creditors.
About Ashland Healthcare, LLC
Ashland Healthcare, LLC is a healthcare services provider based in
Texas, operating clinics and outpatient facilities that offer a
range of medical and patient care services.
Ashland Healthcare, LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 26-90120) on January 21, 2026. In
its petition, the Debtor reports estimated assets of $0-$100,000
and estimated liabilities of $10 million to $50 million.
Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
The Debtor is represented by Omar Jesus Alaniz, Esq., Reed Smith
LLP.
ASURION LLC: S&P Rates Proposed $1.66BB Second-Lien Notes 'B'
-------------------------------------------------------------
S&P Global Ratings assigned its 'B' issue rating to Asurion LLC's
proposed $1.66 billion second-lien secured notes due 2034. S&P also
assigned a '5' recovery rating, indicating its expectation of
modest recovery (10%-30%; rounded estimate: 15%) in the event of
payment default.
All existing ratings, including the 'B+' issuer credit ratings on
Asurion Group Inc., Asurion LLC, and Lonestar Intermediate Super
Holdings LLC, are unchanged by the new debt issuance.
S&P said, "We view this transaction as leverage neutral, as Asurion
intends to use the proceeds from the new issuance to refinance its
existing $1.64 billion second-lien term loan due January 2028. We
continue to expect S&P Global Ratings-adjusted leverage for Asurion
(on a pro forma basis including Domestic & General EBITDA) to be
roughly 6x for year-end 2025, within rating thresholds."
In December 2025, Asurion announced its acquisition of Domestic &
General, which is expected to close in mid-2026. Subsequently in
December, the company issued $3.3 billion to finance the
transaction and refinance its B-9 term loan that was maturing in
2027.
AUGUSTA QUALITY: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------
Augusta Quality, LLC received interim approval from the U.S.
Bankruptcy Court for the Southern District of Georgia, Augusta
Division, to use cash collateral to fund the operation of its
commercial landscaping business.
The court authorized the Debtor to use cash collateral in
accordance with its interim budget through February 28, with a
permitted variance of up to 25%.
As of the petition date, the Debtor's cash collateral is estimated
at $256,630.28, consisting primarily of pre-bankruptcy accounts
receivable. The lenders with potential interests in the cash
collateral include the U.S. Small Business Administration and
Byzfunder.
As adequate protection, the court granted the lenders a replacement
lien on the Debtor's inventory, deposits, accounts receivable and
proceeds, with the same validity and priority as their
pre-bankruptcy liens. The replacement lien does not apply to
Chapter 5 avoidance actions.
The interim order preserves the Debtor's right to challenge the
extent, validity, or priority of any pre-bankruptcy lien. No
determination was made regarding lien perfection or priority at
this stage.
The order is available at https://is.gd/76ZIHN from
PacerMonitor.com.
A final hearing is set for February 26.
August Quality has identified several UCC-1 financing statements
that may give rise to interests in its cash collateral, including a
lien filed by the SBA in 2020 and renewed in 2025, and two filings
by Corporation Service Company, one of which relates to an
obligation the Debtor believes has already been paid in full and
should have been terminated. Another filing is associated with
Byzfunder, which the Debtor characterizes as a merchant cash
advance that, despite being styled as a sale, has the substance of
a loan secured by the Debtor's assets.
As of the petition date, Augusta Quality's cash collateral consists
primarily of accounts receivable. The Debtor treats collections,
pre-bankruptcy receivables, inventory, and business proceeds as
potential cash collateral in which the identified creditors may
claim an interest.
About Augusta Quality LLC
Augusta Quality LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ga. Case No. 26-10018) on January 7,
2026, listing between $500,001 and $1 million in assets and between
$1 million and $10 million in liabilities.
Judge Susan D. Barrett presides over the case.
Bowen Anderson Klosinski, Esq., at Klosinski Overstreet represents
the Debtor as legal counsel.
BALTIMORE INTERNATIONAL: Case Summary & Five Unsecured Creditors
----------------------------------------------------------------
Debtor: Baltimore International Warehousing & Transportation, Inc.
7646-7656 Canton Center Drive
Baltimore, MD 21224
Business Description: Baltimore International Warehousing &
Transportation, Inc. provides warehousing, transportation, and
logistics services, including distribution, freight handling,
bonded storage, container freight station operations, and related
cargo services. The Company operates in Baltimore, Maryland,
serving importers, exporters, and transportation providers, with
facilities located near the Port of Baltimore and supporting
domestic and international freight movements.
Chapter 11 Petition Date: January 22, 2026
Court: United States Bankruptcy Court
District of Maryland
Case No.: 26-10737
Debtor's Counsel: Joseph Selba, Esq.
TYDINGS & ROSENBERG, LLP
One East Pratt Street
Baltimore, MD 21202
Tel: (410) 752-9753
E-mail: jselba@tydings.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Sue Monaghan as president.
A full-text copy of the petition, which includes a list of the
Debtor's five unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/VBUE2FA/Baltimore_International_Warehousing__mdbke-26-10737__0001.0.pdf?mcid=tGE4TAMA
BASIC FOOD: Summary Judgment Ruling in "Lee" Reversed
-----------------------------------------------------
In the appeal styled JAE HO LEE, et al., Appellants, -v- SAMUEL
AHNE, et al., Appellees, Case No. 21-cv-246 (Bankr. S.D.N.Y.),
Judge Lewis J. Liman of the U.S. Bankruptcy Court for Southern
District of New York reversed the grant of summary judgment in
favor of Ahne Law, P.C. and Samuel Ahne. This case is remanded for
further proceedings.
Plaintiffs-Appellants Jae Ho Lee, Soyoun Park, and Basic Food
Groups, LLC appeal the December 18, 2020 order of the Bankruptcy
Court granting summary judgment to Defendants-Appellees Ahne Law,
P.C. and Samuel Ahne pursuant to Federal Rule of Bankruptcy
Procedure 7056 and dismissing the remaining claims in their
adversary complaint for breach of fiduciary duty and breach of the
covenant of good faith and fair dealing.
The adversary action arises out of the December 2012 acquisition by
Lee and Park from Cheol Min Kim of the stock of Basic Food, a small
eatery in New York City. Lee and Park acquired sole membership
interest in Basic Food from Kim for a commitment equal to $1.8
million that was partially financed by a $1.3 million loan from
Noah Bank, guaranteed by Lee and Park and secured by a lien on the
Debtor's assets. Basic Food defaulted under the loan and, in April
2015, filed a voluntary petition under chapter 11 of the Bankruptcy
Code.
In this adversary proceeding, Plaintiffs filed suit against Kim;
Aspen Market Place Corp., a business Kim at the time owned in
Hoboken, New Jersey; Noah Bank; Edward Shin, an employee of Noah
Bank; Ahne; and Ahne Law for damages related to their alleged
wrongdoing in connection with Lee and Kim's acquisition of Basic
Food. In summary, Plaintiffs alleged that, as a result of a scheme
by Kim and Noah Bank, Lee was fraudulently induced to purchase
Basic Food, and with it an underwater revenue stream and latent
labor law fines or assessments.
In their Second Amended Complaint, Plaintiffs alleged five causes
of action against the Ahne Defendants:
(1) substantive violations of the Racketeer Influenced Corrupt
Organizations Act ("RICO"), 18 U.S.C Sec. 1962(c),
(2) conspiracy to commit RICO violations, 18 U.S.C. Sec.
1962(d),
(3) breach of fiduciary duty,
(4) declaratory judgment, and
(5) breach of contract and the implied covenant of good faith
and fair dealing.
In July 2016, the Bankruptcy Court dismissed the RICO counts
against the Ahne Defendants, and, in October 2018, Plaintiffs
voluntarily dismissed the declaratory judgment count against all
defendants.
Plaintiffs contend that the Bankruptcy Court erred as a matter of
law in permitting the Ahne Defendants to belatedly seek summary
judgment. They also argue that material factual disputes precluded
the grant of summary judgment.
Plaintiffs contend that the failure of the Ahne Defendants to
provide any expert opinion "clearing them of malpractice" alone
created a material issue of fact. Plaintiffs also separately point
to evidence in the record that Ahne:
(1) did not perform due diligence in connection with the
acquisition;
(2) failed to alert Lee, his client, to the potential issues
with purchasing Basic Food through a stock sale;
(3) did not receive a written waiver from Lee related to his
conflict of interest; and
(4) drafted a buyback agreement that mistakenly benefited Kim
instead of Lee.
The Court finds that, construing the facts in the light most
favorable to Plaintiffs, a reasonable juror could find that the
Ahne Defendants breached their fiduciary duty in connection with
the buyback agreement.
Construing the facts in Plaintiffs' favor, the Court further finds
there is also sufficient evidence in the record from which a
reasonable juror could conclude that Ahne's conduct with respect to
the buyback provision proximately caused Lee's damages.
A copy of the Court's Order is available at
https://urlcurt.com/u?l=YbTjq1 from PacerMonitor.com.
About Basic Food
Basic Food Group, LLC, dba Zeytinz, is a deli/cafe headquartered in
New York, New York.
The Debtor filed for Chapter 11 bankruptcy protection (Bankr.
S.D.N.Y. Case No. 15-10892) on April 10, 2015, listing $3.29
million in total assets and $1.5 million in total liabilities. The
petition was signed by Jaeho Lee, president.
Judge James L. Garrity Jr. presides over the case.
Rosemarie E. Matera, Esq., at Kurtzman Matera, PC, serves as the
Debtor's bankruptcy counsel.
BLACK CANOE: To Sell Vernon Property to Spiro Muka for $599K
------------------------------------------------------------
Black Canoe LLC seeks permission from the U.S. Bankruptcy Court for
the District of Maryland, to sell substantially all Assets, free
and clear of liens, claims, interests, and encumbrances.
At the time of filing of the bankruptcy case, the Debtor owned and
still owns the real property known as 4 Park Street, Vernon,
Connecticut, hereinafter referred to as the "Real Property". The
Real Property was scheduled at $800,000.00. The Real Property is
secured by a judgment lien in favor of Van Horst General
Contractors, LLC, hereinafter referred to as "Van Horst". Real
estate taxes are also due to the Town of Vernon.
Prior to the filing of this Chapter 11 bankruptcy, the Debtor had
been marketing the property for sale. After extensively marketing
the property, the Debtor has executed a contract of sale for the
Real Property, in the amount of $599,000.00.
The Debtor believes that the sale of the property is in the best
interests of the bankruptcy estate because it will fully pay the
lien of Van Horst, as well as to the other creditors.
The Debtor is the owner of one commercial building located in
Vernon Connecticut and has no other assets. The building is
currently unoccupied, other than a small portion which is subject
to a long-term lease. The Debtor has intended to renovate the
building and enter into a long-term lease. Van Horst was hired to
do certain renovations and a balance remained unpaid. Van Horst
filed suit and ultimately began a mechanic's lien foreclosure,
which is pending. The Debtor is not in a position to pay the
balance to Van Horst, and does not have the capital to fund any
further renovations on the building. The Debtor had obtained a
reasonable offer for the property from an independent third-party
purchaser, after a marketing period of several months. The sale of
real property will allow the secured creditor to be in full and
will also fully pay all of the remaining creditors. That sale will
provide the highest benefit to the bankruptcy estate.
The Debtor has prepared and served an expanded notice, that
provides creditors and other parties in interest with detailed
information concerning the proposed transaction. The Debtor
believes that the notice, consistent with Naron & Wagner, is a
functional substitute for the adequate information which would
otherwise be contained in a disclosure statement were this matter
to proceed through confirmation of a plan, rather than by approval
of the purchase offer from Buyer.
The scheduled value of the Property is $800,000.00, which is based
upon the analysis of the market conditions by the real estate
broker who listed the property as well as certain appraisals done
at the request of the Superior Court Judicial District of Tolland,
at Rockville.
The purchaser of the Property is Spiro Muka, an individual with no
connection to the Debtor or to any party-in-interest.
The purchase price for the property will be $599,000.00, payable at
settlement.
The sale is not made to an insider.
The property will not be auctioned
Closing will take place within a reasonable period after the
approval of the Motion to Sell. The buyer wishes to close on the
property not later than February 10, 2026.
A good faith deposit in the amount of $10,000.00 has been delivered
to Pioneer CRE, the listing agent for the sale.
There are no interim arrangements with the proposed Purchaser.
The sale proceeds will be paid as necessary at the closing, i.e.,
payments will be made to settlement costs and fees for closing on
the property and then funds will be paid to the secured creditor as
necessary to release the lien on the property, and then funds will
be paid to the Town of Vernon for outstanding real estate taxes and
then the balance will be paid to the unsecured creditors based upon
payoff statements obtained as part of the closing on the sale.
About Black Canoe LLC
Black Canoe, LLC is a limited liability company.
Black Canoe, LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 25-21912) on December 20, 2025. In
its petition, the Debtor listed up to $1 million in both assets and
liabilities.
Honorable Bankruptcy Judge Michelle M. Harner handles the case.
The Debtor is represented by Geri Lyons Chase, Esq., at the Law
Office of Geri Lyons Chase.
BLACK SHEEP: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------
Debtor: The Black Sheep, Inc.
d/b/a The Black Sheep Online, Inc.
1812 N Rockwell St, Unit D
Chicago, IL 60647
Business Description: The Black Sheep, Inc., based in
Illinois, operates as a marketing agency specializing in connecting
brands with college students across the United States through
services including market research, field marketing, influencer
campaigns, and paid advertising. Founded in 2008 by Atish Doshi as
a satirical college newspaper at the University of Illinois, the
Company has expanded its network of student contributors and
evolved its content to serve businesses and student housing
properties nationwide.
Chapter 11 Petition Date: January 22, 2026
Court: United States Bankruptcy Court
Northern District of Illinois
Case No.: 26-01105
Debtor's Counsel: Adam P. Silverman, Esq.
ADELMAN & GETTLEMAN, LTD.
53 West Jackson Boulevard
Suite 1050
Chicago, IL 60604
Tel: 312-435-1050
Email: asilverman@ag-ltd.com
Total Assets as of November 30, 2025: $544,025
Total Liabilities as of November 30, 2025: $1,608,323
The petition was signed by Atish Doshi as president and CEO.
A copy of the Debtor's list of 20 largest unsecured creditors is
available for free on PacerMonitor at:
https://www.pacermonitor.com/view/E327XJA/The_Black_Sheep_Inc__ilnbke-26-01105__0004.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/OT52UII/The_Black_Sheep_Inc__ilnbke-26-01105__0001.0.pdf?mcid=tGE4TAMA
BOREN INC: Court Extends Cash Collateral Access to Feb. 18
----------------------------------------------------------
Boren, Inc. received another extension from the U.S. Bankruptcy
Court for the Middle District of Tennessee to use cash collateral
to fund operations.
The court issued a fourth interim order authorizing the Debtor to
use cash collateral until the final hearing in accordance with its
updated budget, subject to a 10% variance.
The budget covers late January through February, showing beginning
cash balances, projected weekly deposits of $37,250, and operating
expenses such as payroll, rent, advertising, cost of goods sold,
utilities, equipment leases, insurance, professional fees, and
trustee and attorney fees. It reflects fluctuating net cash flow
and ending balances, underscoring the need for continued access to
cash collateral to fund ongoing operations while the Debtor
proceeds toward reorganization.
As adequate protection, lien holders will receive replacement liens
on the Debtor's post-petition property and proceeds thereof
(excluding avoidance claims), with the same priority and extent as
their pre-bankruptcy liens.
A final is set for February 18.
The fourth interim order is available at https://is.gd/OC5iwj from
PacerMonitor.com.
About Boren Inc.
Boren, Inc., doing business as Fitness 1440, operates multi-level
fitness centers in Nashville, Tennessee, offering 24/7 gym access,
swimming pools, saunas, personal training, group fitness classes,
and other wellness amenities. It provides membership services with
access to multiple locations and specialized fitness equipment.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Tenn. Case No. 25-04621) on October
31, 2025, with $100,000 to $500,000 in assets and $1 million to $10
million in liabilities. Nelson Boren, Jr., regional manager, signed
the petition.
Judge Charles M. Walker presides over the case.
Michelle L. Spezia, Esq., at Johnson Legal, PLLC represents the
Debtor as bankruptcy counsel.
BRIGHTLINE TRAINS: Fitch Lowers $2BB PABs to 'CCC', On Watch Neg.
-----------------------------------------------------------------
Fitch Ratings has downgraded Brightline Trains Florida LLC's
(Brightline/OpCo) $2.219 billion senior secured private activity
bonds (PABs) to 'CCC' from 'B', and the rating remains on Rating
Watch Negative (RWN). Fitch has also downgraded Brightline East
LLC's (BLE) $1.119 billion senior secured taxable notes to 'CC'
from 'CCC+', and the rating remains on RWN.
RATING RATIONALE
The Brightline downgrade to 'CCC' from 'B' reflects substantial
credit risk and very low margin of safety as liquidity has depleted
more quickly than expected since mid-2025, which has elevated
default risk by 1H2027. Although ridership and revenue have grown
year over year, the ramp-up continues to fall short of Fitch's
cases. The addition of new train cars to address capacity
constraints has not alleviated concerns that demand will rise
sufficiently and quickly enough to drive higher ridership and fare
revenue to cover near-term debt service. There remains a high
degree of uncertainty around the trajectory of the ramp-up and the
timing of cash flow stabilization.
A slower ramp-up resulted in insufficient operational cash flow to
cover the January 2026 debt service payment, which Brightline
covered by drawing down a material amount from its debt service
reserve account (DSRA). Brightline has not provided Fitch with a
detailed cash flow assessment for 2026. Fitch believes that
Brightline will have sufficient liquidity to cover its July 2026
debt service payment, after which time the DSRA is likely to be
fully drawn, absent greater-than-expected operating cash flow
generation in 1H2025.
In addition, Brightline's $45 million revolver is due in May 2026;
if the maturity is not extended one additional year as allowed
under the revolver agreement, Brightline is required to pay the
outstanding balance at maturity - but lacks funds to do so. If
Brightline extends the maturity one additional year, it is required
to make monthly deposits for 12 months to fully defease the
revolver balance by maturity in May 2027, with any failure to do so
resulting in an event of default under the revolver agreement, but
not a cross-default for the OpCo debt as the cross-default
threshold is $100 million.
The BLE downgrade reflects the heightened probability of very
near-term default, with non-payment beginning in January 2027. As
BLE is not likely to receive distributions from Opco in 2026, BLE
will have to draw on the remaining ramp-up and pre-funded interest
reserves to cover near-term financial obligations. However, Fitch
believes these reserves will be insufficient to meet the January
2027 debt service payment. BLE is rated below OpCo given its
subordinated position in the cash flow waterfall, greater
refinancing risk, and the low likelihood that OpCo will satisfy
distribution tests at levels sufficient to cover BLE interest.
Management represents to Fitch to be pursuing several action plans
to enhance reserves available for funding operations and adding
debt repayment protection, including additional debt borrowings
and/or third-party equity funding.
KEY RATING DRIVERS
Revenue Risk - Volume - Weaker
Favorable Market, Limited History (Revenue Risk - Volume: Weaker):
Brightline rail service offers an alternative inter-city
transportation mode in the increasingly congested but economically
diverse and expanding south/central Florida markets. While
Brightline compares favorably in terms of travel speed, comfort,
and reliability, competition from driving and existing low-cost
rail alternatives for the short-distance segment will likely limit
its market capture. The ramp-up has proven to be difficult and is
comparatively longer for Brightline than for other new
transportation development projects.
Ridership data to Orlando is limited, complicating the validation
of consultants' long-term forecasts, and initial fares are high
relative to competing alternatives particularly to Orlando.
Positively, Brightline benefits from some market diversity, drawing
from southern and mid-Florida markets and targeting a mix of
business and leisure travelers. Ancillary services such as parking,
concessions, and corporate sponsorships provide diversification of
revenue sources.
Revenue Risk - Price - Stronger
Independent Pricing Control (Revenue Risk - Price: Stronger):
Brightline has an unencumbered ability to set and adjust rates,
independent of legislative or political interference. Current rail
fares are dynamic with the goal of achieving high ridership levels,
varying depending on travel date, time, distance and utilization.
Fitch notes that Brightline's proposed fares are high compared with
other transportation modes, including the publicly funded Tri-Rail
service.
Infrastructure Dev. & Renewal - Midrange
New Facilities, Expansion Likely (Infrastructure Development and
Renewal: Midrange): Infrastructure renewal risk is low for
facilities currently in service, reflecting Brightline's recent
completion. Long-term maintenance agreements with Florida East
Coast Rail for rail infrastructure as well as a 30-year fixed price
agreement for rolling stock with Siemens Mobility support upkeep
and reinvestment. Brightline plans to budget annually from cashflow
to cover added rolling stock and other capex requirements.
Brightline is currently evaluating expansion of service in the
Orlando and Tampa regions. While such a project will require
additional capital to fund construction and operational costs, this
future project will be fully separate from a security and pledge
standpoint under a separate affiliate of parent company AAF
Operations Holidings LLC.
Debt Structure - 1 - Stronger; Debt Structure - 2 - Weaker
Conservative Structural Terms; Amortizing Debt: The OpCo revenue
bonds are secured by a senior lien standing on Brightline's net
revenues with the debt to be fixed rate and fully amortizing
through the 2053 final maturity. Following a flat, interest-only
payment period through 2032, annual debt service has an escalating
payment profile for the remaining tenor, requiring revenue growth
over the long term.
The original structure included an equity distribution test of
1.30x DSCR (on both trailing 12-month and projected bases), a
12-month debt service reserve fund, and dedicated ramp-up and
operating reserves sized at $175 million and $100 million,
respectively, to provide additional protection during the buildout
and early operations phases. While these features supported credit
quality initially, the ramp-up and operating reserves have been
effectively depleted, leaving only limited remaining protection
beyond the 12-month debt service reserve. As a result, the safety
buffer has narrowed materially, increasing reliance on ongoing
operating performance and cash generation to meet escalating debt
service.
Additional debt remains subject to rating affirmation by the
agencies that rated the original transaction, offering some
bondholder protection should the project pursue regearing for
potential expansion in the future.
Structurally Subordinate; Refinance Risk: The BLE debt is
interest-only with a bullet maturity in 2030, exposing lenders to
refinance risk. The debt is structurally subordinate to Brightline
debt, since repayment of the parent debt is dependent on ongoing
cash flow distributions from Brightline to BLE subject to a 1.3x
senior and 1.1x total debt service coverage ratio (DSCR)
distribution test at Brightline. Brightline retains the ability to
issue future OpCo debt obligations, which can further subordinate
BLE's position for funds to service its debt.
BLE level required reserves include a debt service reserve funded
equal to three months of interest and a ramp-up reserve account
equal to over two years of interest. Additional Brightline debt is
subject to a rating affirmation by the agencies rating the original
transaction at the BLE level if BLE debt is outstanding. OpCo does
not guarantee BLE's debt, and a BLE debt default does not cross
default to OpCo's debt.
ESG Factors: Limited Historical Financial Transparency
Historically, the issuer has provided incomplete or delayed
financial information, and omitted key details on liquidity, and
cash flow, with gaps around project reserve balances and the use of
funds from various reserve accounts. This opacity heightens
uncertainty around operating trends and funding plans, and
increases the risk of adverse surprises, making transparency a
significant driver of the rating. Enhanced, consistent reporting on
reserve levels, sources and uses, and forward-looking reserve
sufficiency would be required to mitigate this risk.
Financial Profile
Preliminary fiscal 2025 financial performance is below Fitch's
prior rating case assumptions, with revenue approximately 3% below
and expenses largely in line with Fitch's assumptions, when
excluding grant funds that offset certain expenses. This
performance resulted in an estimated operating loss, excluding
grant funds, slightly more than Fitch's prior rating case
expectations. Including R&E grant funds, the operating loss is
below Fitch's prior expectations.
Given the heightened default risk at both OpCo and BLE, Fitch's
financial analysis focuses on Fitch's near-term estimates and
liquidity. Under Fitch's rating case assumptions, OpCo's ramp up
reserve is fully drawn down by the end of 2026 and results in the
need for DSRA draws to meet debt service. OpCo does not meet its
restricted payment test, resulting in a lock up of distributions to
BLE. Following the drawdowns of the prefunded BLE reserves for debt
servicing by the end of 2026, BLE is unable to meet its debt
service payment in January 2027, resulting in default. Similarly,
absent improvements in a ridership ramp-up and/or external support,
OpCo will have limited remaining resources to meet its 2027 debt
service obligations, with default highly likely by mid-2027.
PEER GROUP
Fitch does not publicly rate any rail services project peers
relevant to Brightline. Other rated rail services within Fitch's
global portfolio have been operational for a number of years with
tested demand and stable ridership, which removes the inherent risk
seen in Brightline's service and accounts for the higher ratings.
Publicly rated European rail lines include the High-Speed Rail
Finance (1) PLC (HS1; A-/Stable) and Channel Link Enterprise
Finance plc (CLEF; BBB/Stable). Both HS1 and CLEF share exposure to
Eurostar and have been operational for nearly three decades with
stabilized passenger levels and clearer volume and market share
certainty leading to investment grade ratings.
CLEF is directly exposed to Eurostar passenger volumes with volume
risk assessment as 'High-Midrange' due to proven resilience through
economic cycles. HS1 is exposed to the number of train paths, which
are inherently less volatile and benefits also from having 60% of
its revenues supported by the UK government via underpinned
availability payments leading to Fitch's assessment of volume risk
as 'Stronger'.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
-- Continuation of monthly operational cash flow losses without
liquidity enhancements by management to offset these losses;
-- Failure by management to provide additional liquidity at the
OpCo level, leading to an inability to meet near-term operational
and debt service obligations;
-- Inability to raise equity to pay down BLE debt in the next six
months;
-- Announcement of a distressed debt exchange.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
-- Fitch could remove the RWN if management executes plans to
provide additional liquidity at the OpCo level, and ridership and
revenue improve to levels that provide sufficient funds to meet
operating and debt service requirements over the next 12 months;
-- An upgrade of the OpCo and BLE ratings is unlikely until the
company addresses short-term refinancing needs and liquidity
concerns.
SECURITY
Senior Debt: Security for the private activity bonds (PABs)
consists of all funds deposited from time to time in project
accounts and a first lien on all collateral, which will include
substantially all assets of the borrower including (a) the
borrower's mortgaged real property interests, (b) substantially all
personal property of the borrower, including rolling stock, project
revenues and project accounts, and (c) a pledge of the membership
interests in the borrower by its direct parent.
BLE Debt: Security for the notes consists of a pledge of the
membership interests in BLTF Holdings LLC, the direct owner of the
project owner and all other assets of BLE, including substantially
all personal property of BLE and reserve accounts once funded from
distributions received from the project owner.
BUCC ENTERPRISES: Unsecureds Will Get 20% of Claims in Plan
-----------------------------------------------------------
Bucc Enterprises, Inc. filed with the U.S. Bankruptcy Court for the
Western District of Pennsylvania a Plan of Reorganization for Small
Business dated January 14, 2026.
The Debtor was established in 2017 to operate a pre-existing Pizza
Shop at its location at 670 Franklin St., Clymer, PA 15728. The
Debtor acquired the business from a family member who has since
passed away.
The business was originally operated as a franchisee of Fox's
Pizza, but several years ago transitioned to an independent
business. Unexpected expenses arising from the acquisition of the
business hurt the cash flow of the business operations and
ultimately caused this Chapter 11 filing.
The Debtor's case was necessitated by economic and business
conditions. The Debtor acquired the Pizza Shop from a relative who
has since passed away. Unbeknowst to the Debtor, the Debt that was
to be paid by the previous owner regarding the operations was not
paid and required the Debtor to expend resources to preserve its
operations and to take on additional debt. Since that time, the
Debtor has stabilized its operations, reduced its payroll
obligations and has updated its menu and marketing to improve
sales.
Class 5 consists of General Unsecured Claims. The claims of this
class consist of the following general unsecured claims: Hobart
Sales ($600); Kapitus Servicing, Inc. ($44,240.08); and
Pennsylvania Dept. of Revenue ($2,824.61). The total amount of this
class of creditors is $47,664.69. This class of Creditor will
receive a distribution of 20% of their claim as set forth herein.
The monthly amount paid to this class is $52.94. Payments will be
made quarterly commencing on the Effective Date. This Class is
impaired.
Class 6 consist of disputed general unsecured claim of Fundworks in
the amount of $34,467.69. No payment will be made to this class. To
the extent that a claimant is deemed to have a valid claim, they
will be treated in accordance with the treatment of Creditor Class
5.
Class 8 consists of the Equity ownership of Jeremey and Lisa
Taylor. No payments will be made to this class.
The Plan will be funded through ongoing revenue generated by
continued business operations.
The Debtor has restructured its operations and has increased and
secured projects to continue to fund its obligations and will
continue to seek both commercial and residential projects to ensure
ongoing cash flow and profitability to fund this plan. Through
reorganization the Debtor will be able to increase available funds
to purchase new inventory, equipment and supplies necessary to
sustain its operations.
The final Plan payment is expected to be paid on March 31, 2031.
A full-text copy of the Plan of Reorganization dated January 14,
2026 is available at https://urlcurt.com/u?l=Pz5hAa from
PacerMonitor.com at no charge.
Counsel to the Debtor:
David L. Fuchs, Esq.
Fuchs Law Office, LLC
554 Washington Avenue, First Floor
Carnegie, PA 15106
Telephone: (412) 223-5404
Facsimile: (412) 223-5406
E-mail: dfuchs@fuchslawoffice.com
About Bucc Enterprises
Bucc Enterprises, Inc. is a specialty Pizza Shop located in Clymer,
Pennsylvania.
The Debtor sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. W.D. Pa. Case No. 25-70450) on Oct. 17, 2025, listing
under $1 million in both assets and liabilities.
David L. Fuchs, Esq., at Fuchs Law Office, LLC serves as the
Debtor's counsel.
BUDDY MAC: To Sell Missouri Stores to National TV Sales for $700K
-----------------------------------------------------------------
Buddy Mac Holdings, LLC and its debtor subsidiaries and affiliates
seek permission from the U.S. Bankruptcy Court for the Northern
District of Texas, Dallas Division, to sell Missouri Stores, free
and clear of liens, claims, interests, and encumbrances, to
National TV Sales & Rentals of Missouri Inc.
The Debtors also seek approval of the sale on an expedited basis,
without bidding procedures or an auction, but subject to any higher
or better offers received prior to the Court's entry of a Sale
Order. The Debtors request that this Motion be set for hearing on
January 27, 2026, at 3:00 p.m. CT. The Debtors submit that the
Buyer's offer represents fair value for the Purchased Assets and
that expedited consummation of the sale will maximize the value of
the Purchased Assets.
The Debtors and their non-debtor affiliates rent and sell
furniture, electronics, appliances, and other merchandise to
customers on a rent-to-own basis. Customers sign rent-to-own
contracts with the Debtors and make monthly or weekly payments for
merchandise throughout the term of the contract, which is typically
between twelve and eighteen months. The purchase price is amortized
over the term of contract, and the customer owns the merchandise
once all payments are made. Alternatively, customers can stop
making payments and return the merchandise at any time.
On December 4, 2025, Buddy Mac Holdings, LLC (Buddy Mac Holdings),
BMH RTO, LLC (BMH RTO), and 43 subsidiaries of BMH RTO each filed a
voluntary petition for relief in this Court under chapter 11 of the
Bankruptcy Code. The remaining Debtors (which are Buddy Mac One,
LLC, BMH One RE, LLC, BMH 95 RE Caruthersville, LLC, and BMH 96 RE
Marion, LLC) each filed voluntary chapter 11 petitions on December
1, 2025.
The Company operates 46 rent-to-own stores, 36 of which are
operated by Debtors and 14 of which are currently operated by
non-debtors. Except for the Debtors' Tyler, Texas store, which is
operated by Buddy Mac One, LLC, all the Debtor stores are operated
by RTO Subsidiaries.
BMH RTO, as borrower, and the RTO Subsidiaries, as guarantors, are
parties to a prepetition Loan Agreement with INTRUST Bank, N.A.
Phonix RBS LLC acquired the loan and took assignment of the Loan
Documents from INTRUST Bank on or about September 2, 2025, and
asserts liens on substantially all assets of the RTO Debtors
pursuant to the Loan Documents.
The Buyer has offered to purchase nine of the Company's Missouri
store locations, one of which is currently owned and operated by a
non-debtor.
The purchase price is $700,000.00, subject to adjustments set forth
in the Asset Purchase Agreement, with a 10% holdback for prorated
payables after Closing.
The Buyer will acquire all customer RTO Agreements for the Missouri
Stores and take over the business operations of each Store,
including assignment of the property leases and other contracts for
all but one of the Stores (Store #632), but Sellers will retain all
idle inventory in the Stores.
The terms of the proposed Sale can be found at
https://urlcurt.com/u?l=ojIYHK
The Debtors submit that the Buyer's offer represents fair value for
the Purchased Assets and that immediate consummation of the Sale is
in the best interests of the Debtors, their estates, and other
stakeholders.
Cure Costs associated with the Debtors' assumption and assignment
of the Property Leases and other Assigned Contracts will be paid by
the Buyer and deducted from the Purchase Price.
The Debtors seek emergency consideration of this Motion at the
omnibus hearing setting on January 27, 2026, at 3:00 p.m.,
prevailing Central Time, in order to maximize the value of the Sale
for the estates. The Debtors understand that Phonix supports the
Sale and the Debtors' request for approval on an emergency basis.
About Buddy Mac Holdings LLC
Buddy Mac Holdings, LLC, together with its affiliates, operates a
rent-to-own retail business selling home furnishings, electronics,
and appliances, allowing customers to make periodic payments with
the option to complete purchase or return the product at any time.
The company began its rent-to-own operations in 2014 as a
franchisee of Buddy's Home Furnishings and has expanded to operate
47 store locations across Arkansas, Florida, Illinois, Kansas,
Missouri, New Mexico, Oklahoma, and Texas. It offers products
under
franchise agreements, with typical customer contracts spanning 12
to 18 months.
Buddy Mac Holdings and its affiliates sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. N.D. Texas Lead Case
No. 25-34839) on December 4, 2025. In the petition signed by
William Ian MacDonald, manager, Buddy Mac Holdings disclosed up to
$50 million in both assets and liabilities.
John J. Kane, Esq., at Kane Russell Coleman Logan PC, represents
the Debtors as legal counsel.
BULLDOG PURCHASER: Moody's Affirms B3 CFR, Outlook Remains Stable
-----------------------------------------------------------------
Moody's Ratings affirmed Bulldog Purchaser Inc.'s (Bay Club) B3
Corporate Family Rating and B3-PD Probability of Default Rating. At
the same time, Moody's assigned B3 ratings to the proposed backed
senior secured first lien credit facilities, consisting of a $75
million revolving credit facility due 2031 and a $1.150 billion
term loan due 2033. Moody's affirmed the B2 ratings on the existing
backed senior secured revolving credit facility and backed senior
secured term loan and Caa2 rating on the existing backed senior
secured second lien term loan and expect to withdraw those
instrument ratings at closing of the proposed refinancing. The
outlook remains stable.
Bay Club expects to utilize the proceeds from its refinancing
including the $356.6 million additional amount relative the
existing size of the first lien term loan to retire the existing
term loan, repay the existing senior secured second lien term loan,
fund the cash portion of its near term acquisition pipeline, and
cover transaction fees. The refinancing also supports the execution
of the planned 2026 acquisitions, which are planned to expand
presence in existing markets, including Los Angeles and Seattle,
and likely expand into new markets. The acquisitions and
refinancing, including the increase in first lien term loan, are
credit positive because it has no material impact on leverage given
the partial equity-based financing, while also strengthening
liquidity by preserving an undrawn revolver and reducing
refinancing risk through the extension of maturities. The
acquisitions expand the company's scale and geographic diversity
and are expected to enhance earnings through improved operational
efficiency, stronger operating leverage, and better unit economics
at the acquired clubs.
Moody's affirmed the existing ratings with a stable outlook because
Bay Club continues to generate positive organic revenue growth,
leverage remains high and Moody's expects the company to maintain
positive free cash flow. The B3 rating on the proposed senior
secured first lien revolver and term loan is one notch below the B2
ratings on the company's existing first lien credit facilities. The
lower rating reflects the proposed repayment of the senior secured
second lien term loan and increase in the size of the first lien
credit facility. These changes in the debt structure eliminate the
loss-absorption cushion to the now larger first lien credit
facility. As a result, the increase in the loss given default (LGD)
on the first lien debt leads to lower instrument ratings since the
CFR is not changing.
RATINGS RATIONALE
Bay Club's B3 CFR reflects its high financial leverage, limited
free cash flow, modest scale, and geographic concentration in
California. The company's aggressive financial policy, including
its growth-through-acquisition strategy funded largely by
incremental debt, adds execution risk and potential for
re-leveraging. The credit profile also reflects the discretionary
nature of Bay Club's business, which is subject to cyclical
consumer spending downturns, as well as the ongoing member
attrition inherent in lifestyle membership-based businesses.
However, the rating is supported by Bay Club's affluent membership
base, strong brand recognition, and high-quality facilities,
services and real estate portfolio owned by the borrower group,
which provides underlying asset value and potential liquidity
through sale-leaseback transactions. The company continues to show
positive earnings momentum through its shared membership model and
premium pricing strategy, which has resulted in single-digit
same-store revenue growth and the ability to pass on price
increases without resulting in an elevated attrition rate.
Additionally, Bay Club is expanding its customer base to include
younger demographics.
The credit profile also takes into account instances of sponsor
support. Bay Club received equity injections in 2022 and 2023 from
its sponsor, KKR, demonstrating the owner's commitment to provide
liquidity when required and fund strategic needs, including
acquisitions and capital expenditures. Furthermore, partial equity
financing of the latest 2025 acquisitions have limited the effect
on leverage.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The stable outlook reflects Moody's expectations that Bay Club's
leverage will moderately decline to the mid-5x range over the next
12 to 18 months, supported by continued earnings growth and
contributions from recent acquisitions. Moody's also expects the
company to maintain adequate liquidity, with access to a $75
million revolver that expires 2031 and projected positive free cash
flow between $35 and $55 million.
The ratings could be upgraded if an increase in membership and
earnings results in lower leverage as well as sustained and
comfortably positive free cash flow generation. The company would
also need to increase scale and geographic diversity, integrate
acquisitions with no operational disruptions, maintain good
liquidity, sustain debt-to-EBITDA leverage at a level approaching
4.5x or lower, and sustain EBITDA less capital spending to interest
above 2.0x.
Ratings could be downgraded if membership levels and earnings do
not improve, the company does not sustain good facility
reinvestment, free cash flow is negative, or EBITDA less capital
spending to interest is below 1.0x. A deterioration in liquidity or
debt-financed acquisitions that sustain high leverage could also
lead to a downgrade.
Marketing terms for the new credit facilities (final terms may
differ materially) include the following: Incremental pari passu
debt capacity up to the greater of $200 million and 100% of
consolidated EBITDA for the most recent four fiscal quarters, plus
available amounts under the general debt basket, plus 100% of
available restricted payment capacity, plus unlimited amounts
subject to the greater of 4.75x first-lien net secured leverage
ratio and leverage neutral incurrence. There is an inside maturity
sublimit up to the greater of a fixed dollar amount and 100% of
consolidated EBITDA. The credit agreement is expected to include "J
Crew", "Serta" and "Chewy" provisions. Amounts up to 100% of unused
restricted payment capacity and the builder basket may be
reallocated to incur debt. The capital structure is portable to a
permitted acquiror, subject to certain conditions.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
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.
Bay Club is a membership-based hospitality company. It operates 41
clubs across 10 campuses on the west coast of the United States (in
the states of California, Oregon and Washington). The company's
clubs offer a blend of fitness, sports, leisure, and hospitality
amenities, including golf, tennis, aquatics, pickleball, and
wellness services. KKR (Kohlberg Kravis Roberts & Co.) acquired the
company in 2018. The company generates annual revenue of $398
million of the last twelve months ending October 30, 2025.
CARMEN'S CUBAN: Gets Interim OK to Use Cash Collateral
------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of North
Carolina, Raleigh Division, entered an interim order authorizing
Carmen's Cuban Cafe, Inc. to use cash collateral to fund
operations.
Under the interim order, the Debtor is authorized to use cash
collateral in accordance with an approved budget, with spending
flexibility of up to 10% over budget. In addition, Carmen's Cuban
Cafe must operate through a designated debtor-in-possession
account, provide monthly bank statements, and refrain from
non-ordinary course asset dispositions without court approval.
Although the U.S. Small Business Administration has not yet
consented to cash collateral use, the Debtor demonstrated the need
to access funds to continue operations and preserve going-concern
value. At filing, the Debtor held approximately $273,276.53 in cash
and unencumbered personal property valued at about $29,500.
As adequate protection, the SBA will be granted a post-petition
replacement lien on cash and inventory, with the same priority and
extent as its pre-bankruptcy lien. In addition, the Debtor must
make monthly payments of $2,201.63 to the SBA, beginning this
month, consistent with the proposed treatment under the Debtor's
Chapter 11 plan of reorganization.
The authorization terminates upon cessation of operations or
default under the order.
A further hearing is scheduled for February 12.
The interim order is available at https://is.gd/Qowjur from
PacerMonitor.com.
Carmen's Cuban Cafe is a North Carolina corporation that has
operated a restaurant and bar in Morrisville for over 21 years and
seeks to reorganize through a consensual Chapter 11 plan by
stabilizing operations and reducing cash flow pressures.
At least one creditor, the SBA, may hold a security interest in the
Debtor's cash collateral pursuant to security agreements and UCC-1
filings from 2020 and 2021. Although the SBA has not yet consented
to the use of cash collateral, the Debtor states that, as of the
petition date, it held approximately $273,276in cash (now
transferred into a debtor-in-possession account) and about $29,500
in unencumbered personal property. The Debtor asserts these funds
are essential to continue operations and preserve its going-concern
value.
About Carmen's Cuban Cafe Inc.
Carmen's Cuban Cafe, Inc. operates a restaurant and bar in
Morrisville, North Carolina, specializing in Cuban cuisine. The
Company offers a menu of traditional Cuban dishes, including
entrees, appetizers, soups, salads, desserts, and children's meals,
and serves local customers through on-premise dining.
Carmen's Cuban Cafe sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. N.C. Case No. 26-00147) on January 13,
2026, listing $303,776 in total assets and $1,454,272 in total
liabilities. Ali S. Sama, president of Carmen's Cuban Cafe, signed
the petition.
Judge Pamela W. McAfee oversees the case.
Danny Bradford, Esq., at Paul D. Bradford, PLLC, represents the
Debtor as legal counsel.
CHANNELVIEW HOTEL: Must File Schedules & Statements by Feb. 19
--------------------------------------------------------------
Judge Jeffrey P. Norman of the United States Bankruptcy Court for
the Southern District of Texas granted Channelview Hotel Group,
LP's emergency motion to extend the deadline to file schedules and
statements of financial affairs in its bankruptcy case. The Court
finds that cause exists to grant an extension. The deadline for
the Debtor to file schedules and statements of financial affairs is
extended through February 19.
The Debtor is Texas limited partnership, formed in December 2015
for the sole purpose of acquiring, building, owning and operating
the hotel known as "Comfort Inn" located at 15813 2nd Street,
Channelview, Texas, 77530 Harris County, Texas.
The Debtor commenced the bankruptcy case due to severe liquidity
constraints stemming from its lender posting the property for
foreclosure. These disputes, and the attendant costs, have
materially impacted the Debtor's financial position. The already
precarious situation was further exacerbated by unforeseen
operational disruptions and a decline in room rates collectively
intensifying the strain on the Debtor's cash flow and jeopardizing
their overall financial viability.
These circumstances have left the Debtor with minimal cash reserves
to sustain operations, necessitating the filing of this Chapter 11
bankruptcy case.
Through the Chapter 11 process, the Debtor aims to restructure its
prepetition debt and optimize operations under a plan of
reorganization. Without the protections and opportunities afforded
by Chapter 11, the Debtor faces the imminent
risk of ceasing operations and undergoing liquidation.
A copy of the Debtor's Motion dated January 15, 2026, is available
at https://urlcurt.com/u?l=xs3OBN from PacerMonitor.com.
A copy of the Court's Order dated January 15, 2026, is available at
https://urlcurt.com/u?l=1pN2yN from PacerMonitor.com.
Proposed Attorneys for Channelview Hotel Group, LP:
Jason D. Kraus, Esq.
THE KRAUS LAW FIRM
19500 State Hwy 249, Ste. 350, 3rd Floor
Houston, TX 77070
Telephone: (281) 781-8677
Facsimile: (281) 840-5611
E-mail: jdk@krausattorneys.com
About Channelview Hotel Group, LP
Channelview Hotel Group, LP is a single-asset real estate entity
that owns a hotel property in Channelview, Texas, and operates in
the real estate services sector.
Channelview Hotel Group, LP sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Tex., Case No. 26-30098) on
January 5, 2026. In its petition, the Debtor reported between $1
million and $10 million in assets and liabilities.
Honorable Bankruptcy Judge Jeffrey P. Norman handles the case.
Jason D. Kraus, Esq., at The Kraus Law Firm, represents the Debtor
as legal counsel.
CK BUILDERS: To Sell 318 Elks Drive Property to C. & C. Castro
--------------------------------------------------------------
CK Builders LLC seeks permission 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 Property is located at 318 Elks Drive, San Antonio, TX
78211.
The Bexar Appraisal District values the real property at $130,0000
for 2025. The Debtor scheduled the real property with a value of
$175,000 in the Schedules fined the case.
The Debtor believes that the proposed sale of the real property to
Charles and Catalina Castro for the cash sales price of $147,000
represents a fair price for the real property.
The sale is subject to a third party financing addendum in the
amount of $103,250. The Debtor has cash in the amount of $44,250 as
part of the sale.
The Debtor has been using its best efforts to sell the property,
which will generate cash the Debtor needs going forward with its
efforts to pay its creditors through a Subchapter V Chapter 11
Plan.
The Debtor believes that the proposed sale of the property
generates a reasonable value based upon the asset proposed to be
sold and its marketability/condition under the circumstances of the
case.
The real property is not subject to a mortgage loan to any lender.
The property is subject to ad valorem taxes to Bexar County.
The Debtor will use the sales proceeds to assist it with its
payment obligations under the terms of its confirmed Plan. The
Debtor has agreed to make a partial payment to Citizens State Bank
in the amount of $40,000 tp pay down its liability owing to
Citizens State Bank.
The Debtor requests that the sale of the property to Charles and
Catarina Castro be free and clear of all liens, claims, and
encumbrances.
About About CK Builders LLC
CK Builders, LLC provides home improvement and general contracting
services in the Pipe Creek and San Antonio areas of Texas. The
Company holds a home improvement contractor license and has
completed various residential remodeling and repair projects.
CK Builders sought relief under Subchapter V of Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Tex. Case No. 25-51458) on June
30, 2025. In its petition, the Debtor reported between $1 million
and $10 million in assets and up to $50,000 in liabilities.
Judge Craig A. Gargotta handles the case.
The Debtor is represented by William R. Davis, Jr., at Langley &
Banack, Inc.
COAST TO COAST: Gets Interim OK to Use Cash Collateral
------------------------------------------------------
Coast to Coast Palm, LLC received interim approval from the U.S.
Bankruptcy Court for the Southern District of Florida, West Palm
Beach Division, to use cash collateral.
Under the interim order, the Debtor is authorized to use cash
collateral for court-approved payments; the budgeted expenses, plus
up to a 10% variance per line item; and additional amounts with
approval by lenders. This authorization will continue until further
order of the court.
Numerous lenders and funding companies may hold liens on the
Debtor's assets such as equipment, accounts, receivables, inventory
and deposit accounts. These lenders include Advance Service Group,
Ascentium Capital, Broadway Advance, Commercial Industrial Finance,
Corporation Service Company, CT Corporation System, Dynamic
Equities Funding, FCS Advisors, Ilend Advance, In Advance, Lend
Bug, Newtek Bank, Secured Lender Solutions, Swiss Fund, and the
U.S. Small Business Administration.
As adequate protection, lenders with a security interest in cash
collateral will be granted a perfected post-petition lien on the
collateral, with the same validity, priority and extent as their
pre-bankruptcy liens.
A court hearing is set for February 10.
The order is available at https://is.gd/dUFpsy from
PacerMonitor.com.
About Coast to Coast Palm
Coast to Coast Palm, LLC, doing business as Coast to Coast Linen,
provides commercial linen and textile rental and laundering
services, supplying items such as uniforms and linens to business
customers. The company operates from West Palm Beach, Florida,
serving clients in the surrounding South Florida region. It
operates within the industrial laundry and linen supply services
industry.
Coast to Coast Palm sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. S.D. Fla. Case No. 26-10247) on January 12,
2026. At the time of the filing, the Debtor listed between $100,001
and $500,000 in assets and between $1 million and $10 million in
liabilities.
Judge Mindy A. Mora oversees the case.
Craig I. Kelley, Esq., at Kelley Kaplan Delaney & Eller, PLLC is
the Debtor's legal counsel.
COLUMBUS MCKINNON: Moody's Rates New $1.225BB Secured Notes 'Ba3'
-----------------------------------------------------------------
Moody's Ratings assigned a Ba3 rating to Columbus McKinnon
Corporation's (Columbus McKinnon) new $1.225 billion senior secured
notes. The Ba3 corporate family rating, Ba3-PD Probability of
Default Rating, existing Ba2 senior secured first lien bank credit
facility rating, and the negative outlook are unaffected by the
debt issuance. The SGL-1 speculative grade liquidity rating is also
unchanged. Moody's will withdraw the Ba2 rating on the existing
senior secured credit facility upon its upcoming termination.
The company will use the proceeds from the senior secured notes,
the company's recently announced senior secured credit facility and
previously announced preferred equity to fund the $2.7 billion
acquisition of Kito Crosby and refinance its existing credit
facility.
Additionally, Columbus McKinnon plans to raise approximately $210
million from the divestiture of certain businesses. It will retire
outstandings under the term loan with the net proceeds of
approximately $160 million, after taxes and transaction costs.
There is the potential for an additional $25 million in proceeds
pursuant to earnout provisions in these disposals.
The acquisition of Kito Crosby will increase debt-to-EBITDA to
around 6x on a Moodys adjusted basis, including expected cost
synergies. It will also approximately double Columbus McKinnon's
revenue and meaningfully increase EBITA margin. Moody's believes
the company will generate strong free cash flow and utilize this to
reduce debt-to-EBITDA to around 4.5x through 2027.
RATINGS RATIONALE
The Ba3 CFR reflects Columbus McKinnon's favorable market position
and strong brands in its core lifting business segment for material
handling. Columbus McKinnon's diverse product portfolio ranges from
hoists, actuators, rigging tools and digital power control systems
to precision conveyor systems and related products. The inclusion
of Kito Crosby's business will give Columbus McKinnon a leading
position in lifting and securement consumables as well. Further
benefitting the company are secular macro trends including
industrial automation, labor shortages, and nearshoring.
The ratings will be constrained by the company's high leverage of
around 6x at close of the Kito Crosby acquisition and asset
divestitures. The company's relatively modest scale when compared
to large, diversified manufacturers and exposure to certain
cyclical end markets are also key credit constraints. Additionally,
the company is exposed to ongoing global macroeconomic headwinds
including inflation, foreign exchange volatility, tariffs and
supply chain pressures.
Moody's expects Columbus McKinnon will maintain very good
liquidity. Moody's expects the company to have the vast majority of
its new $500 million revolver available at close of the
transaction. Moody's projects annual free cash flow of $140 to $170
million over the next few years.
The negative outlook reflects the integration risk associated with
the Kito Crosby acquisition and Moody's expectations that leverage
will remain high over the next 12-18 months.
Moody's expects debt-to-EBITDA to decline to below 4.0x over the
next 2 to 3 years, with EBITA margin improving to around 20% as
synergies from the Kito Crosby transaction are realized. The
outlook also reflects Moody's expectations of ongoing positive free
cash flow of at least $140 million annually. To achieve these
metrics, the company will need to navigate near-term market risks
including tariffs, slowing economies, and end market cyclicality.
At the same time, Columbus McKinnon will be working to integrate
its largest acquisition to-date, divesting a fairly integrated
business line, meeting performance goals to achieve future earnout
payments, and realizing its expected cost synergies.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
The ratings of Columbus McKinnon could be downgraded if
debt-to-EBITDA is sustained above 4.5x, free cash flow to debt is
at or below 5%, or EBITA-to-Interest Expense is sustained below
2.0x. A downgrade could also be prompted if the company adopts an
increasingly aggressive financial policy or executes another large
acquisition prior to reducing leverage.
Factors that could lead to an upgrade include a material increase
in scale while achieving organic revenue growth, debt-to-EBITDA
sustained below 3.5x or EBITA-to-Interest Expense sustained above
3.0x.
The principal methodology used in this rating was Manufacturing
published in September 2025.
Columbus McKinnon Corporation, headquartered in Charlotte, NC, is a
publicly traded diversified industrial manufacturer with operations
in Lifting, Linear Motion, Automation and Precision Conveyance
platforms. Pro forma revenue for the twelve months ended September
30, 2025 totaled $2.0 billion.
CTF CHICAGO: Court Extends Cash Collateral Access to Feb. 19
------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois,
Eastern Division extended CTF Chicago, Inc.'s authority to use cash
collateral through February 19.
The court issued its 15th interim order authorizing the Debtor to
use the cash collateral of Wintrust Bank, a pre-bankruptcy secured
lender, to pay the expenses set forth in its budget.
The budget shows total operating disbursements of $128,336 for the
interim period.
Wintrust Bank holds a senior lien on the Debtor's assets valued at
$781,571.93, with a subordinate lien by the U.S. Small Business
Administration.
As protection, Wintrust Bank was granted a replacement lien on
substantially all of the Debtor's assets, including cash collateral
equivalents, cash and accounts receivable, with the same validity
and extent as its pre-bankruptcy lien.
In addition, Wintrust Bank was granted an administrative expense
claim under Section 507(b) of the Bankruptcy Code, subordinate only
to the administrative claim of the Subchapter V trustee.
The next hearing is scheduled for February 19.
Wintrust Bank has a senior valid blanket lien on assets of the
Debtor as of the petition date and the cash proceeds thereof. It
holds a senior security interest in all the assets of the Debtor by
way of a valid lien duly filed of which the amount due and owing
totals no less than $781,571.93.
About CTF Chicago
CTF Chicago, Inc. operates within a framework that requires
substantial capital and resources. The company is structured to
provide specific services or products, likely in a competitive
market, given its presence in Chicago.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-15580) with up to
$50,000 in assets and up to $10 million in liabilities. Charles
Graff, managing member, signed the petition.
Judge Janet S. Baer oversees the case.
The Debtor is represented by Richard G. Larsen, Esq., at Springer
Larsen, LLC.
Wintrust Bank, as lender, is represented by:
Andrew H. Eres, Esq.
Dickinson Wright PLLC
55 W. Monroe, Suite 1200
Chicago, IL 60603
Tel: 312-377-7891
aeres@dickinson-wright.com
DARDEN ENTERPRISES: Voluntary Chapter 11 Case Summary
-----------------------------------------------------
Debtor: Darden Enterprises, LLC
2716 Ridgewood Road
Atlanta GA 30327
Business Description: Darden Enterprises, LLC provides services
related to real estate, including property
management, real estate appraisal, and other
support services.
Chapter 11 Petition Date: January 22, 2026
Court: United States Bankruptcy Court
Northern District of Georgia
Case No.: 26-50933
Debtor's Counsel: G. Frank Nason, IV, Esq.
LAMBERTH, CIFELLI, ELLIS & NASON, P.A.
6000 Lake Forrest Drive, NW Ste. 290
Atlanta, GA 30328
Tel: 404-262-7373
Email: fnason@lcenlaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Patricia G. Darden as manager.
The Debtor filed a list of its 20 largest unsecured creditors, but
all entries were left blank.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/QOZEUUA/Darden_Enterprises_LLC__ganbke-26-50933__0001.0.pdf?mcid=tGE4TAMA
DAVIS PROPERTY: Rental Income & Sale Proceeds to Fund Plan
----------------------------------------------------------
Davis Property Management Group, LLC filed with the U.S. Bankruptcy
Court for the Southern District of Florida a Disclosure Statement
describing Chapter 11 Plan dated January 15, 2026.
The Debtor is a corporation that owns property located at 925 NW
121st St, Miami, FL (the "Property"). The principals, Jerome Davis,
Jamaine Davis, and Jovonne Davis (collectively, the "principals"),
inherited multiple properties from their father.
During the course of the probate, the principals' sibling contested
the will. The principals hired the law firm of Therrel Baisden,
LLP. During the course of the litigation, the principals incurred
substantial attorneys' fees. The law firm then sued the principals
and the Debtor for its fees. As of the filing of the case, the fees
have increased to $203,917.31.
Being unable to pay the attorneys' fees in accordance with the
terms of the agreement, the Debtor needed to file bankruptcy to
avoid the Property being foreclosed.
Since the filing, the Debtor has generated funds as a short-term
rental property. Most of the income is generated from Air BNB. The
Debtor is also taking steps to convert the property to Section 8
housing. If successful, this will guarantee an income of $3,800 per
month.
The principals are jointly and severally liable with the Debtor on
the amount owed to the attorney. To help satisfy the debt, Jamaine
Davis has placed the Augusta property on the market. Once the
Augusta property sells, she expects to be able to pay approximately
$100,000 towards the joint debt.
The Debtor's ability to fully fund the plan and make payments is
dependent on its ability to rent the Property and the co-debt,
Jamaine Davis, being able to sell the Augusta property.
Class 3 consists of general unsecured creditors. The general
unsecured claims total approximately $5,010.00. This claim is filed
by the IRS for unfiled returns. To the extent the debt remains due
after the returns are filed, the Debtor will pay $101.58 for 60
months in full satisfaction of this claim. The payment includes 8%
interest. This class is impaired.
The plan will be funded by the income of the Debtor. The Plan of
Reorganization is deemed by the Debtor to be feasible.
A full-text copy of the Disclosure Statement dated January 15, 2026
is available at https://urlcurt.com/u?l=k8Dnv1 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Brian K. McMahon, Esq.
Brian K. McMahon, PA
1401 Forum Way, Suite 730
West Palm Beach, FL 33401
Tel: (561) 478-2500
Fax: (561) 478-3111
Email: briankmcmahon@gmail.com
About Davis Property Management Group, LLC
Davis Property Management Group, LLC is a corporation that owns
property located at 925 NW 121st St, Miami, FL (the "Property").
The Debtor sought protection for relief under Chapter 11 of the
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-21726) on October 3,
2025, listing $100,001 to $500,000 in both assets and liabilities.
Judge Laurel M Isicoff presides over the case.
The Debtor tapped Brian K. McMahon PA as counsel.
DIFONZO HOLDINGS: Unsecureds Will Get 0.72% of Claims over 5 Years
------------------------------------------------------------------
DiFonzo Holdings, LLC, submitted a Post-Confirmation Amended Plan
of Reorganization dated January 14, 2026.
The Debtor manage and operate a women's apparel brand with brick
and-mortar, e-commerce, and wholesale sales channels business. This
Plan proposes to pay creditors from future income by continuing
operations and reorganizing its current debts.
The Court confirmed the Debtor's Chapter 11, Subchapter V Plan of
Reorganization under Section 1191(b) on June 2, 2025. The Court
closed the case on August 25, 2025. It soon became apparent that
Debtor did not have sufficient working capital to purchase
inventory needed to generate the revenue needed for plan payments
under the confirmed plan, in large part due to recently imposed
tariffs and lingering uncertainty regarding the state of the
economy.
Debtor began seeking post-confirmation financing, and will be
obtaining a line of credit. The line of credit will provide
sufficient working capital to purchase inventory sufficient to
generate revenue required for plan payments.
The Debtor manages and operates a women's apparel brand with
brick-and-mortar, ecommerce, and wholesale sales channels business.
DiFonzo Holdings, LLC’s assets include its accounts receivable
and cash on hand, office furniture, deposits, vehicle and
inventory/raw materials. There are fully secured creditors as to
this property based on the liquidation analysis and UCC filings.
Any secured creditor not treated in this Plan as fully secured are
therefore under secured.
The Debtor will continue operating the business. The Debtor's Plan
will break the existing claims into six classes of Claimants. These
claimants will receive cash repayments over a period of time
beginning on or after the Effective Date.
Class 5 consists of Allowed Unsecured Claims. All allowed unsecured
creditors shall receive a pro rata distribution at zero percent per
annum over the next five years beginning not later than the 1st day
of the first full calendar month following 30 days after the
effective date of the plan and continuing every year thereafter on
a monthly basis at 0.00% per annum.
The Debtor will distribute $53,950.00 to the general allowed
unsecured creditor pool over the 5-year term of the plan, includes
the undersecured claim portions. The Debtor's General Allowed
Unsecured Claimants will receive 0.72% of their allowed claims
under this plan. The allowed unsecured claims total $7,422,538.98.
This Class is impaired
Class 6 consists of Equity Interest Holders (Current Owners). The
current owners will receive no payments under the Plan; however,
they will be allowed to retain ownership in the Debtor. Class 6
Claimants are not impaired under the Plan.
The Debtor anticipate the continued operations of the business to
fund the Plan.
A full-text copy of the Amended Plan dated January 14, 2026 is
available at https://urlcurt.com/u?l=DeFMlK from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Robert C. Lane, Esq.
Joshua D. Gordon, Esq.
The Lane Law Firm, PLLC
6200 Savoy, Suite 1150
Houston, TX 77036
Tel: (713) 595-8200
Fax: (713) 595-8201
Email: notifications@lanelaw.com
Joshua.gordon@lanelaw.com
About Difonzo Holdings
DiFonzo Holdings, LLC operates a women's apparel brand with brick
and-mortar, e-commerce, and wholesale sales channels business in
Dallas, TX.
The Debtor filed its voluntary petition for Chapter 11 protection
(Bankr. N.D. Tex. Case No. 24-31800) on June 20, 2024, listing
$411,964 in assets and $7,285,274 in liabilities. Robert DiFonzo as
owner, signed the petition.
Judge Scott W. Everett oversees the case.
THE LANE LAW FIRM serves as the Debtor's legal counsel.
E. GLUCK CORP: To Sell Membership Interest to WITHit Holdings
-------------------------------------------------------------
E. Gluck Corporation seeks permission from the U.S. Bankruptcy
Court for the Southern District of New York to sell 51% of its
membership interest in WIThit Holdings LLC, free and clear of
liens, claims, interests, and encumbrances, to WITHit's Founders.
WITHit was acquired by the Debtor from the Founders in 2021. WITHit
has always been a closely-held
joint-venture with a strong personal services component.
Though the Debtor has been mindful from the outset of the case that
a traditional public bankruptcy auction sale of its interests in
WITHit is not a viable pathway to monetize the asset for the
benefit of creditors, the Debtor has been aware that it was still
possible for WITHit to provide value to the estate, even though the
stalking horse for the Legacy Sale was not interested in acquiring
WITHit.
The Debtor also considered whether it may be possible to buy out
the Founders' position independent of the Legacy Sale. Ultimately,
the pathway that unequivocally yields the best value for the estate
is for the Debtor to sell its majority membership interests to the
Founders under the terms of the proposed Majority Unit Purchase
Agreement.
The Debtor is requesting this private sale process to be approved
on an expedited basis so that the closing can occur with reasonable
proximity to the closing of the Legacy Sale.
WITHit currently processes its customers' orders through a Master
Services Agreement with the Debtor whereby the Debtor is
responsible for receiving WITHit merchandise into its warehouse,
using the enterprise resource planning system to receive customer
purchase orders, allocate and ship those orders with carton
content, UCC labels (that differ by retailer), and transmit
advanced shipping notices and invoices.
All of these processes are mandated by the retailers WITHit does
business with utilizing an automated computer-to-computer exchange
of standard business documents referred to as "EDI."
The Debtor is mindful that public auction sales with fulsome
marketing efforts and on standard notice periods are more customary
than shortened private sales. However, the Debtor believes, in its
best business judgment, that the procedure and timeline proposed in
this Sale Motion are reasonable, appropriate, and provide the very
best result for the estate and its creditors under the
circumstances.
The Debtor respectfully requests that the Court approve a private
sale of the WITHit membership interests to the Founders on the
terms described.
E. Gluck has been in the watch business for more than six decades,
operating as a designer, importer and distributor of certain
proprietary and licensed brands. Its proprietary anchor is
Armitron, a longstanding name in the U.S. watch market,
complemented by licensed fashion brands such as Anne Klein, Nine
West, and others. At its peak, the company generated hundreds of
millions of dollars in revenue by supplying a wide spectrum of U.S.
retail partners, including mass merchants, department stores,
mid-tier chains, off-price retailers and club stores. Beyond the
domestic market, E. Gluck also built international distribution
through third-party distributors and maintained a meaningful
presence in travel retail, including duty-free and cruise channels.
At the same time, external factors compounded the challenge. The
COVID-19 pandemic disrupted supply chains, tightened retail
ordering, and shifted consumer demand patterns. Tariffs and freight
costs spiked, further eroding already thin margins. Retail partners
across channels became more aggressive in managing their own
inventories, often leaning on suppliers to absorb costs and risks.
Meanwhile, the traditional watch category faced mounting structural
headwinds as smart devices captured a larger share of consumer
attention and spending.
The cumulative effect was a company burdened by fixed costs and new
obligations from the WITHit acquisition that were not offset by the
anticipated increases in revenue, all while E. Gluck's core revenue
and profitability have come under sustained pressure from
macroeconomic shocks and long-term shifts in the consumer
marketplace.
E. Gluck sought relief under Chapter 11 to reset its cost
structure, shed unproductive obligations, and position its
long-standing business for long-term stability.
The MUPA is a comprehensive, purchase and sale agreement setting
forth all the rights and obligations contemplated between the
Debtor and the Founders. The purchase price of the interest is
$3,600,000.00.
The key terms of the MUPA Agreement is also provided at
https://urlcurt.com/u?l=yLWG5h.
The Debtor submits that the terms of the MUPA are fair and
reasonable, and that ample authority exists for the approval of the
sale of the WITHit interests to the Founders.
The Debtor has made the business decision to sell its membership
interests in WITHit to the Founders pursuant to the MUPA. The
Debtor and the Founders will fully unwind their business
relationship and the Debtor will no longer provide fulfillment or
other services to WITHit going forward, post-closing.
The Debtor is seeking expedited approval of the Sale to afford a
closing contemporaneous with the Legacy Sale, which is necessary to
avoid rapid deterioration of the value of the membership
interests.
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., and Matthew Breen, Esq., at OTTERBOURG
P.C., in New York.
EDWA CONSTRUCTION: Seeks Chapter 11 Bankruptcy in Illinois
----------------------------------------------------------
On January 19, 2026, Edwa Construction, Inc. filed for Chapter 7
protection in the Northern District of Illinois. According to court
filings, the Debtor reports between $0 and $100,000 in debt owed to
1-49 creditors.
About Edwa Construction, Inc.
Edwa Construction, Inc. is an Illinois-based construction company
providing residential and commercial building services, including
general contracting, renovation, and project management solutions.
Edwa Construction, Inc. sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. Case No. 26-00862) on January 19, 2026. In
its petition, the Debtor reports estimated assets of $0-$100,000
and estimated liabilities of $0-$100,000.
Honorable Bankruptcy Judge Timothy A. Barnes handles the case.
The Debtor is represented by David Freydin, Esq., Law Offices of
David Freydin Ltd.
EMPRESS LLC: Voluntary Chapter 11 Case Summary
----------------------------------------------
Debtor: Empress, LLC
2 West Clay St
San Francisco, CA 94121
Chapter 11 Petition Date: January 22, 2026
Court: United States Bankruptcy Court
Northern District of California
Case No.: 26-30058
Debtor's Counsel: Eric J. Gravel, Esq.
THE LAW OFFICES OF ERIC J. GRAVEL
1390 Market St., Suite 200
San Francisco, CA 94102
Tel: (650) 931-6000
Fax: (650) 931-6424
Email: ctnotices@gmail.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Vijay D Patel as managing member.
The Debtor has declared in the petition that there are no unsecured
creditors.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/Y5BGAFI/Empress_LLC__canbke-26-30058__0001.0.pdf?mcid=tGE4TAMA
ENVELOPE 1 INC: Gets Extension to Access Cash Collateral
--------------------------------------------------------
Envelope 1, Inc. received third interim approval from the U.S.
Bankruptcy Court for the Southern District of Florida to continue
using cash collateral to fund operations during its Chapter 11
case.
The order recognizes Spectrum Commercial Finance, LLC as the
Debtor's primary secured lender, holding valid, perfected, and
non-avoidable liens on substantially all assets, including accounts
receivable, inventory, equipment, and real property in Ohio.
As of the petition date, the Debtor owed Spectrum approximately
$927,263.50, plus interest and fees, and acknowledged Spectrum's
lien rights in exchange for the continued use of cash collateral
including cash and revenue.
Under the court order, the use of cash collateral is strictly
limited to amounts and purposes set forth in the budget, subject to
a 10% variance per line item and a 5% cumulative variance overall.
As adequate protection, the court granted Spectrum post-petition
replacement liens on all assets acquired before or after the
petition date, maintaining the same priority as its pre-bankruptcy
liens while excluding avoidance actions.
The Debtor required to maintain insurance, permit inspections, and
provide financial information upon request.
The authorization is temporary and terminates upon specified
events, including default or case conversion.
A further hearing is set for February 3, with objections to final
relief due by February 2.
About Envelope 1 Inc.
Envelope 1, Inc manufactures and mails commercial envelopes and
their contents.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 25-23400) on November
12, 2025. In the petition signed by Tarry Pidgeon, president, the
Debtor disclosed up to $50 million in assets and up to $100 million
in liabilities.
Judge Mindy A. Mora oversees the case.
Susan D. Lasky, Esq., at Susan D. Lasky, PA, represents the Debtor
as legal counsel.
EXTENSIONS PLUS: Has Deal on Cash Collateral Access
---------------------------------------------------
Extensions Plus, Inc. asks the U.S. Bankruptcy Court for the
Central District of California, San Fernando Valley Division, for
authority to use cash collateral in accordance with its agreement
with JPMorgan Chase Bank, N.A.
Extensions Plus has been in business for about 30 years and employs
13 full-time workers. Before filing bankruptcy, the Debtor was
facing severe financial pressure due to litigation with Ra Hair
International Pvt. Ltd., which had obtained a $2.6 million judgment
against the Debtor and was preparing to pursue punitive damages and
levy the Debtor's bank accounts. These actions threatened to
cripple the Debtor's cash flow and forced it to seek Chapter 11
protection to stay collection efforts and attempt a
reorganization.
After the filing, the Debtor and JPMorgan negotiated a stipulation
allowing the Debtor to use cash collateral in exchange for monthly
payments of $13,000 and the grant of replacement liens to protect
the bank's secured position.
JPMorgan holds two secured loans against the Debtor, totaling
roughly $392,000, with one also secured by a deed of trust on the
principal's residence. The court previously approved two such
stipulations covering periods from June through September 2025 and
from September through December 2025. The present motion asks the
court to approve a third extension of the stipulated use of cash
collateral from December 24, 2025, through March 23 based on a
90-day projected budget showing the Debtor can make the required
payments while continuing operations. The Debtor anticipates
seeking further renewals if necessary as it continues its
reorganization efforts.
A hearing on the matter is set for February 4.
A copy of the motion is available at https://urlcurt.com/u?l=40Ltxb
from PacerMonitor.com.
JPMorgan is represented by:
Brian W. Hockett, Esq.
Thompson Coburn, LLP
One US Bank Plaza
St. Louis, MO 63101
Phone: (314) 552-6461
Fax: (314) 552-7000
bhockett@thompsoncoburn.com
-and-
Lukas Sosnicki, Esq.
Thompson Coburn, LLP
10100 Santa Monica Blvd., Suite 500
Los Angeles, CA 90067
Phone: (310) 282-2500
Fax: (310) 282-2501
lsosnicki@thompsoncoburn.com
About Extensions Plus Inc.
Extensions Plus, Inc. designs and supplies high-quality women's
hairpieces and wigs, including custom and ready-made styles made
from real Indian human hair. It serves clients globally and
domestically, including those experiencing hair loss and
celebrities seeking premium hair extensions. Founded in 1988,
Extensions Plus operates out of its headquarters in Tarzana,
California.
Extensions Plus sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-11102) on June 23,
2025. In its petition, the Debtor reported estimated assets between
$100,000 and $500,000 and estimated liabilities between $1 million
and $10 million.
Honorable Bankruptcy Judge Victoria S. Kaufman handles the case.
The Debtor is represented by Peter T. Steinberg, Esq., at Steinberg
Nutter and Brent.
FALLS OF BRAEBURN: Gets Extension to Access Cash Collateral
-----------------------------------------------------------
Falls of Braeburn, LLC and its affiliates received another
extension from the U.S. Bankruptcy Court for the Southern District
of Texas to use cash collateral to fund operations.
The court issued a third interim order authorizing the Debtors to
use cash collateral under a four-week budget, capping expenditures
at 110% of each line item.
As protection from any diminution in the value of their collateral,
secured lenders, Wells Fargo Bank, N.A. and Argentic Real Estate
Finance 2, LLC, will be granted replacement liens on all of the
Debtors' pre-bankruptcy collateral.
In addition, the court ordered the Debtors to pay the secured
lenders for the interest expense and reserve escrow budget line
items, with payments due this month ($774,772.26) and on February
5, ($184,184.92). Failure to cure any missed payment permits the
secured lenders to terminate the Debtors' authority to use cash
collateral.
A final hearing is scheduled for February 12.
A copy of the third interim order and the Debtor's budget is
available at https://shorturl.at/5aRlO from PacerMonitor.com.
As of the petition date, the Debtors owed about $64.5 million to
Wells Fargo under a 2024 loan agreement; about $29 million to
Argentic; and about $800,000 in unsecured debt to various
utilities.
About Falls of Braeburn, LLC
Falls of Braeburn, LLC, Falls of Chelsea Lane, LLC, Northwest Miami
Gardens, LP, and Falls of Westpark Apartments, Ltd. are privately
held real estate investment companies based in Houston, Texas,
specializing in ownership and management of apartment complexes.
Falls of Braeburn, LLC and its affiliates filed their voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. S.D. Tex. Lead Case No. 25-90602) on November 3, 2025. At
the time of filing, the Debtor estimated $10 million to $50 million
in both assets and liabilities. The petitions were signed by Siri
Khalsa as authorized representative.
Judge Christopher M Lopez presides over the case.
Matthew S. Okin, Esq. at OKIN ADAMS BARTLETT CURRY LLP represents
the Debtor as counsel.
FERGUSON, MO: Moody's Cuts Issuer to Ba1 & Lease Ratings to Ba2
---------------------------------------------------------------
Moody's Ratings has downgraded the issuer rating to Ba1 from Baa3
for Ferguson (City of) MO. At the same time, Moody's downgraded the
city's lease appropriation rating to Ba2 from Ba1. This action
concludes the review for possible downgrade initiated on August 06,
2025.
The downgrade reflects the continued trend of imbalanced operations
expected through fiscal 2026 with no clear plan for revenue growth
or expenditure reductions.
RATINGS RATIONALE
The Ba1 issuer rating reflects the city's weakened though adequate
reserve position with available fund balance and liquidity expected
to be about 12% and 39% of revenue, respectively, in fiscal 2025
base on unaudited results. The rating also considers the continued
declines in total fund balance as a result of persistent structural
imbalance that was made more clear by the completion of account
reconciliations. The budget management practices are a governance
weakness and a key consideration of the rating. The city's
financial position is further challenged by costs associated with
implementation of the Department of Justice consent decree,
reliance on economically sensitive revenue streams, and two tax
increment financing districts ending that will result in additional
revenue loss. Management intends to seek alternative revenue
streams and options to reduce expenses in the coming fiscal years,
however there is currently no clear plan to achieve balance
operations. The city's leverage is below 60% of revenue and
economic metrics are stable.
The certificates of participation are rated Ba2, one notch below
the issuer rating, reflecting the annual risk of non-appropriation
and essential nature of the pledged asset, a police facility.
RATING OUTLOOK
Moody's do not assign outlooks to local governments with this
amount of debt.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATINGS
-- Trend of balanced or surplus operations, resulting in a
sustained increase in total and available general fund balances
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATINGS
-- A decline in the financial position of the city as evidenced by
a decline in the available fund balance and/or liquidity ratios
-- Further financial pressures associated with consent decree
implementation costs without offsetting revenue streams
PROFILE
The City of Ferguson is located within St. Louis County
approximately 13 miles northwest of downtown St. Louis with a
population of approximately 18,350.
METHODOLOGY
The principal methodology used in these ratings was US Cities and
Counties published in December 2025.
FIRST BRANDS: Deal Lifts Stay, Keeps Affiliate Cases Active
-----------------------------------------------------------
Clara Geoghegan of Law360 Bankruptcy Authority reports that First
Brands' counsel informed a Texas bankruptcy court on Thursday,
January 22, 2026, that the debtor has reached an agreement to lift
the automatic stay in its Chapter 11 proceedings, enabling certain
lenders to access approximately $250 million in inventory
collateral. The agreement also settles a motion to dismiss the
Chapter 11 cases of special purpose vehicles affiliated with the
debtor.
The resolution avoids further litigation over the lenders'
enforcement rights and the standing of the affiliated entities in
bankruptcy. With the dispute resolved, the Chapter 11 cases are
expected to move forward under the agreed framework, the report
states.
About First Brands Group
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.
FLAMINGO SEPTIC: Gets Extension to Access Cash Collateral
---------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida,
Jacksonville Division entered a second interim order authorizing
Flamingo Septic and Utilities, LLC to use cash collateral.
Under the order, the Debtor is permitted to use cash collateral
solely to pay amounts expressly authorized by the court, including
payments to the Subchapter V Trustee, and to cover current and
necessary operating expenses set forth in an approved budget
attached to the order. Any use of cash collateral outside these
parameters is prohibited, and the authorization remains in effect
pending a further hearing.
As adequate protection, cash collateral lenders are granted
perfected post-petition replacement liens on cash collateral, with
the same validity, priority, and extent as their respective
prepetition liens, without the need for additional filings.
The order preserves the rights of the U.S. Trustee to appoint a
creditors' committee and allows any duly appointed committee to
challenge lien validity, priority, or extent.
The interim authorization will continue until a further hearing on
the motion scheduled for February 17.
About Flamingo Septic and Utilities LLC
Flamingo Septic and Utilities, LLC, doing business as Flamingo
Plumbing, provides residential and commercial septic and plumbing
services including tank installation, pumping, inspection, repair,
and pipe or fixture maintenance in Jacksonville, Florida.
Flamingo filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-04018) on November 3,
2025, with $1 million to $10 million in assets and liabilities.
Charles Mullis, manager, signed the petition.
Judge Jacob A. Brown presides over the case.
Thomas Adam, Esq., at Adam Law Group, PA represents the Debtor as
bankruptcy counsel.
FOCUS FINANCIAL: Moody's Affirms B2 CFR, Outlook Remains Negative
-----------------------------------------------------------------
Moody's Ratings affirmed Focus Financial Partners, LLC's (Focus) B2
corporate family rating, B2-PD probability of default rating, B2
senior secured first lien bank credit facilities and B2 senior
secured notes. Focus plans to issue a $400 million fungible add-on
to its existing $4,374 million senior secured term loan due
September 2031, increasing the outstanding balance to $4,774
million. The company plans to use the proceeds alongside $200
million of cash on its balance sheet to fund a $600 million
distribution to shareholders. Focus' outlook remains negative.
RATINGS RATIONALE
Focus' B2 CFR reflects its high recurring revenue, solid organic
asset growth, and client retention rates. These strengths are
offset by the firm's high financial leverage, aggressive financial
policies and weak profitability.
While this dividend recap transaction will bring Focus' leverage
(debt/EBITDA including Moody's standard adjustments) modestly above
7.0x, Moody's expects leverage to be back below 7.0x in the next
several quarters based on the positive momentum in the company's
operating performance The firm has continued to grow its scale and
revenues in 2025 due to a combination of management's continued
execution of its growth strategy and supportive financial markets.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Focus' ratings could be upgraded if the Moody's-adjusted
debt-to-EBITDA is sustained below 6x; and profitability, as
measured by GAAP pretax income margins, is sustained above 5%
annually. Conversely, the firm's ratings would be downgraded if
Moody's-adjusted debt-to-EBITDA is sustained above 7.0x; or if the
firm is not able to organically de-lever during the outlook period;
or if the firm pursues additional debt-funded dividends.
The principal methodology used in these ratings was Asset Managers
published in May 2024.
For Focus, the "Standalone Credit Profile" adjusted score of B2 is
set three notches below the "Standalone Credit Profile Before
Qualitative Notching Factors" of Ba2. This principally reflects the
company's very high financial leverage, and its more aggressive
financial policies.
FTX TRADING: Trust to Appeal Chapter 11 Charity Claim Dispute Loss
------------------------------------------------------------------
Emily Lever of Law360 Bankruptcy Authority reports that the FTX
Recovery Trust said it will appeal after a bankruptcy court
rejected its attempt to claw back a $650,000 bonus paid to an
employee of the defunct cryptocurrency exchange that had been
earmarked for charitable donations.
The court found that the payment did not qualify for avoidance
under the Bankruptcy Code, dealing a setback to the trust’s
efforts to recover funds for creditors as it continues to pursue
asset recovery actions tied to FTX's collapse, 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.
GAP INC: Moody's Affirms 'Ba2' CFR & Alters Outlook to Positive
---------------------------------------------------------------
Moody's Ratings changed The Gap, Inc.'s ("Gap") outlook to positive
from stable and also affirmed the company's Ba2 corporate family
rating and its Ba2-PD probability of default rating. Additionally,
Moody's affirmed the Ba3 ratings of the company's senior unsecured
notes. The company's speculative grade liquidity rating (SGL)
remains unchanged at SGL-1.
"The change in outlook to positive reflects the continued
improvement in the company's operating performance and
profitability due to successful new branding initiatives and cost
efficiencies coupled with lower promotional cadence and better
inventory management," Moody's Ratings Vice President, Mickey
Chadha stated. "Although the business environment for the sector
will remain challenging in 2026 due to the inherently discretionary
nature of the product and the difficult consumer spending
environment, Moody's expects the company to maintain its current
operating performance trajectory", Chadha further stated.
RATINGS RATIONALE
The Gap, Inc.'s Ba2 corporate family rating reflects the company's
very good liquidity, low funded debt and solid credit metrics. The
company's debt/EBITDA has improved to 2.1x for the LTM period
ending November 1, 2025 from 2.8x at the end of fiscal 2023 and
down from 4.9x at the end of fiscal 2022. Moody's expects
debt/EBITDA to remain at around 2.0x and EBIT/interest to continue
to improve towards 5.0x over the next 12-18 months. The company's
topline growth has shown improvement in all of its brands except
for its smallest brand Athleta. Profitability has also increased
significantly as margins have improved. Lower inventory levels have
resulted in more profitable sales and less promotional activity and
input costs have also been lower. The company has also reduced
operating expenses through strategic cost cuts and store
rationalization. The rating is supported by the company's good
market position in the specialty apparel market with its ownership
of a portfolio of specialty apparel brands (Old Navy, Gap, Banana
Republic, and Athleta). The relatively shorter term of its store
leases (approximately five years) has enabled the right sizing of
its mature brands (Gap and Banana Republic). Investments in its
online and mobile business have also strengthened its operational
profile and improved its customer experience. Continued integration
of its online and store experiences also supports its efforts to
increase customer conversion.
The Gap, Inc.'s SGL-1 reflects very good liquidity supported by its
$2.5 billion in cash, cash equivalents and short term investments
at the end of third quarter of fiscal 2025, about $538 million in
free cash flow generation for the LTM 3Q2025 and no borrowings
under its $2.2 billion asset based revolving credit facility.
Moody's expects free cash flow to remain healthy in 2026. The
company also owns sizable assets that it can monetize.
The positive outlook reflects Moody's expectations that credit
metrics will continue to improve in the next 12-18 months as
disciplined inventory management will continue to support healthy
operating margins with continued topline growth. The outlook also
reflects the company's very good liquidity and moderate debt
levels.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
An upgrade would require consistency of performance at all its
major brands including sustained sales growth and margin expansion,
very good liquidity including solid free cash flow generation and
maintenance of healthy cash balances as well as a conservative
financial strategy. Quantitatively, debt/EBITDA would need to be
sustained below 2.25x and EBIT/interest sustained above 5.0x.
Ratings could be downgraded if EBIT/interest is sustained below
3.5x or if debt/EBITDA is sustained above 3.5x. Ratings could also
be downgraded if operating performance including operating margins
and sales deteriorate or if liquidity deteriorates for any reason
or financial strategies become detrimental to creditors.
Headquartered in San Francisco, California, The Gap, Inc. is a
leading global retailer offering clothing and accessories for men,
women, and children under its Gap, Banana Republic, Old Navy, and
Athleta brands. LTM November 01, 2025 net sales were approximately
$15.3 billion.
The principal methodology used in these ratings was Retail and
Apparel 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.
GEORGIA PROTONCARE: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------------
Debtor: Georgia ProtonCare Center Inc.
d/b/a Emory Proton Therapy Center (EPTC)
615 Peachtree St. NW
Atlanta, GA 30308
Business Description: Georgia ProtonCare Center Inc., doing
business as Emory Proton Therapy Center, is a nonprofit
organization that owns and operates a proton therapy cancer
treatment facility in Atlanta, Georgia, providing radiation
oncology services using proton beam therapy for the treatment of
cancer. Incorporated in 2017, the organization also supports
clinical and basic research related to cancer treatment and
collaborates with other institutions focused on cancer care and
prevention. Georgia ProtonCare Center Inc. is governed by a board
of directors and has Provident Resources Group, Inc., a nonprofit
Georgia corporation, as its sole member.
Chapter 11 Petition Date: January 22, 2026
Court: United States Bankruptcy Court
Northern District of Georgia
Case No.: 26-50882
Judge: Hon. Jeffery W Cavender
Debtor's Counsel: David E. Gordon, Esq.
POLSINELLI PC
1201 West Peachtree Street NW
Suite 1100
Atlanta, GA 30309
Tel: 404-253-6000
Email: dgordon@polsinelli.com
Debtor's
Financial
Advisor: BDO CONSULTING GROUP, LLC
Debtor's
Exclusive
Investment
Banker: GBH SOLIC HOLDCO, LLC
Debtor's
Notice,
Claims, &
Balloting
Agent and
Administrative
Advisor: EPIQ CORPORATE RESTRUCTURING, LLC
Estimated Assets: $100 million to $500 million
Estimated Liabilities: $500 million to $1 billion
The petition was signed by Darryl Myers as chief restructuring
officer.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/4CGXIKQ/Georgia_ProtonCare_Center_Inc__ganbke-26-50882__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Emory Healthcare Trade Debt $22,279,145
550 Peachtree Street NE
Atlanta, GA 30308
Contact: Gina Bertolini
Phone: (404) 727-4974
2. Varian Medical Systems, Inc. Trade Debt $5,961,753
3100 Hansen Way
Palo Alto, CA 94304
Contact: Stephen Jamison
Phone: (800) 544-4636
3. Aramark Services, Inc. Trade Debt $149,546
1101 Market Street
29th Floor
Philadelphia, PA 19107-2988
Contact: Joan White
Phone: (704) 989-6906
4. Cigna Payor Refund $147,750
900 Cottage Grove Road
Bloomfield, CT 06002
Contact: Office Of The
General Counsel
Phone: (800) 997-1654
5. United Healthcare Payor Refund $139,305
9800 Healthcare Lane
Minnetonka, MN 55343
Contact: Office Of The
General Counsel
Phone: (866) 414-1959
6. Anthem Blue Cross Blue Shield Payor Refund $123,596
740 W. Peachtree Street NW
Atlanta, GA 30308
Contact: Office Of The
General Counsel
Phone: (678) 992-1567
7. MMBC, LLC Trade Debt $95,101
250 W. Pratt Street
Ste 2201
Baltimore, MD 21201-2463
Contact: Greg Pope
Phone: (859) 351-1615
8. Aetna Payor Refund $84,793
151 Farmington Avenue
Hartford, CT 06156
Contact: Office Of The
General Counsel
Phone: (800) 872-3862
9. Inspired Anesthesia Trade Debt $62,100
Providers LLC
1266 West Paces Ferry Road
Northwest
Suite 652
Atlanta, GA 30327
Contact: Stephanie Resnick
Phone: (954) 426-1169
10. Tricare Payor Refund $40,327
7700 Arlington Blvd
Suite 5101
Falls Church, VA 22042
Contact: Office Of The General Counsel
Phone: (877) 874-2273
11. Patient 1 Patient Refund $38,673
Address: Private Patient Information
Phone: Private Patient Information
12. Veterans Administration Payor Refund $38,518
810 Vermont Avenue NW
Washington, DC 20420
Contact: Office Of The
General Counsel
Phone: (800) 827-1000
13. Batchelor & Kimball, Inc Trade Debt $36,965
2227 Plunkett Road
Conyers, GA 30012
Contact: Jeff Clotfelter
Phone: (770) 482-2000
14. Palmetto Gba Payor Refund $36,352
PO Box 100306
Columbia, SC 29202-3306
Contact: Office Of The
General Counsel
Phone: (803) 735-1034
15. Patient 2 Patient Refund $33,498
Address: Private Patient Information
Phone: Private Patient Information
16. Peach State Health Plan Payor Refund $31,994
1100 Circle 75 Parkway
Suite 1100
Atlanta, GA 30339
Contact: Office Of The General Counsel
Phone: (866) 874-0633
17. Siemens Medical Solutions Trade Debt $20,457
USA, Inc
221 Gregson Drive
Carey, NC 27511
Contact: Benjamin Tenney
Phone: (678) 314-6102
18. GEHA Payor Refund $15,344
310 NE Mulberry Street
Lee'S Summit, MO 64086
Contact: Office Of The
General Counsel
Phone: (800) 821-6136
19. Marant Digital LLC Trade Debt $13,400
1080 Peachtree St NE
2503
Atlanta, GA 30309
Contact: Chris Dimacale
Phone: (404) 452-5168
20. Amerisourcebergen Trade Debt $13,022
P.O. Box 978526
Dallas, TX 75397-8526
Contact: Drew Guyer
Phone: (978) 857-3233
GEORGIA PROTONCARE: Seeks to Sell Treatment Center at Auction
-------------------------------------------------------------
Georgia ProtonCare Center, Inc., seeks approval from the U.S.
Bankruptcy Court for the Northern District of Georgial, Atlanta
Division, to sell substantially all Assets at auction, free and
clear of liens, claims, interests, and encumbrances.
The Debtor owns and operates the only proton therapy cancer
treatment center in Georgia, located at 615 Peachtree St. NE,
Atlanta, Georgia. The Facility is one of only 473 operating proton
therapy centers in the United States. The first patient was treated
at the Facility in December of 2018 and thousands of patients have
been treated there since. Emory Healthcare Inc. and The Emory
Clinic Inc., which are affiliates of the Stalking Horse Bidder,
manage the Facility's day-to-day operations pursuant to that
certain Amended and Restated Master Services Agreement by and among
the Debtor and Emory. Emory's responsibilities under the Emory
Management Agreement include managing sales and marketing, clinical
care, accounting, billing and collections, accounts payable,
staffing, human resources, and compliance with applicable state
regulations governing the provision of medical care at the
Facility.
Lower than projected annual revenue from Medicare, Medicaid,
commercial, and private pay reimbursements and fewer than expected
patient counts have resulted in the Debtor's inability to meet its
secured bond debt obligations from 2022 through and including 2025.
Although the Debtor’s facility is one of the busiest proton
therapy centers in the United States, treating over 1,000 cancer
patients annually, the Debtor's revenues are insufficient to
service its debt payments. Ongoing reimbursement rate issues with
the United States Department of Health and Human Services' Centers
for Medicare & Medicaid Services and its Medicare Administrative
Contractor, as well as with other commercial insurance payors, have
further exacerbated revenue concerns. The Debtor implemented
various cost reduction initiatives, but those efforts were largely
offset by ongoing inflationary pressure on its operating costs.
As a result of the revenue and capacity constraints, as well as the
annual operating expenses necessary to maintain the clinical
treatments of the Facility, the Debtor was unable to substantially
improve its operating cash flow and liquidity position.
Overview of the Stalking Horse Asset Purchase Agreement by Emory
University, by and on behalf of Emory University Hospital Midtown,
is provided. https://urlcurt.com/u?l=Gsn4Xi
The Debtor believes that the prompt Sale of the Assets represents
the best option available to maximize value for all stakeholders.
The dates of the timeline are subject to change in the event the
Bankruptcy Court does not enter an order at that hearing:
-- February 4, 2026 Deadline for Debtor to serve: (i) the Sale
Procedures Order, (ii) the Bid and Sale Procedures, (iii) Sale
Procedures Notice, and (iv) Initial Cure Notice
-- February 17, 2026 Deadline to object to Initial Cure Notice
regarding assumption of executory contracts and unexpired leases
-- February 23, 2026 Sale Objection Deadline
-- March 4, 2026 LOI Deadline
-- March 5, 2026 Deadline for Debtor to file and serve a notice
stating whether one or more LOIs was received prior to the LOI
Deadline
-- March 6, 9-12, 2026 (subject to the Court's availability)
Stalking Horse Sale Hearing (if no LOI is Received)
-- April 17, 2026 Bid Deadline
-- April 20, 2026 Auction (if needed)
-- April 21, 2026 Deadline for Debtor to file notice designating
Winning Bidder and Back-Up Bidder, if applicable
-- April 22, 2026 Post-Auction Objection Deadline
-- April 23-24, 2026 (subject to the Court's availability) Auction
Sale Hearing (to approve Winning Bid and BackUp Bidder, if
applicable)
The Debtor believes this timeline maximizes the prospect of
receiving the highest and best offer without unduly prejudicing its
estate.
The Debtor believes the proposed sale timeline will preserve the
Debtor's cash, minimize any further deterioration of the Assets,
and is in the best interests of all stakeholders.
The Debtor has designed a process by which (i) a Stalking Horse
Bidder has been selected (subject to approval by this Court); and
(ii) bidders may submit bids that are higher or otherwise better
than the Stalking Horse Bid and thereafter participate at an
Auction. If one or more letters of intent are received by March 4,
2026, and additional higher or better bids are received by April
17, 2026, the Debtor will conduct an Auction to determine the
highest or best Qualified Bid.
In addition, the Debtor proposes to publish the Sale Procedures
Notice once in USA Today as soon as practicable after entry of the
Sale Procedures Order. Finally, the Debtor will post a copy of the
Sale Procedures Notice at the website of the Debtor’s claims and
noticing agent, available at: https://dm.epiq11.com/GeorgiaProton.
The Debtor is also seeking approval of certain procedures to
facilitate the fair and orderly assumption and assignment of the
Assigned Contracts in connection with the Sale.
The Debtor seeks authority to sell the Assets through an Auction
and related sale process, subject to the Debtor's right to seek an
alternative course of action to maximize the value of its estate.
The Debtor believes the proposed Bid and Sale Procedures will
promote active bidding from seriously interested parties and will
elicit the highest or otherwise best offers available for the
Assets.
About Georgia ProtonCare Center
Georgia ProtonCare Center Inc. owns and operates the Facility,
which is the sole proton therapy treatment center in the state of
Georgia, and one of only 47 such facilities operating in the United
States.
Georgia ProtonCare Center sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D.Ge. Case No. 26-50882-JWC) on
January 22, 2026.
Judge Jeffery W. Cavender presides over the case.
The Debtor is being advised by David E. Gordon at Polsinelli PC as
legal counsel, BDO as financial advisor, and SOLIC Capital as the
investment banker.
The Bond Trustee is being advised by Mintz, Levin, Cohn, Ferris,
Glovsky, and Popeo, P.C. as legal counsel and Houlihan Lokey as
investment banker.
GIBRALTAR INDUSTRIES: S&P Assigns 'BB-' ICR, Outlook Stable
-----------------------------------------------------------
S&P Global Ratings assigned its 'BB-' issuer credit rating to
Buffalo, N.Y.-based Gibraltar Industries Inc. S&P also assigned its
'BB-' issue-level rating and '3' recovery rating to its proposed
term loan B.
Our ratings on Gibraltar reflect its leading position in niche
markets and stable demand characteristics, which are somewhat
offset by its small scale and exposure to cyclical and competitive
end markets.
The stable outlook reflects our expectation that Gibraltar will
maintain leverage of 3x-4x over the next 12 months, supported by
growth in its end markets and earnings contributions from the
acquisition.
Gibraltar plans to issue $1.3 billion in term loans to fund the
acquisition of Arundel Square Garden LLC. At the same time the
company plans to issue a five-year $500 million revolving credit
facility (undrawn at close).
Pro forma for the transaction and S&P's earnings expectations, it
expectd S&P Global Ratings-adjusted debt to EBITDA to be 3.0x-4.0x
for 2026.
Gibraltar is primarily funding the acquisition of Arundel Square
Garden LLC (the owner of Omnimax International) with debt. The
proposed transaction includes a $650 million term loan A, a $650
million term loan B, and a $500 million revolving credit facility
(undrawn at close), which replaced the company's $400 million
revolving credit facility. The funding also includes some
balance-sheet cash. Proceeds will be used to fund the $1.335
billion acquisition of Omnimax and pay associated fees.
S&P said, "We expect debt leverage to increase materially in 2026
before improving to close to 3x in 2027. The proposed transaction
includes $1.3 billion of additional debt, increasing debt leverage
materially to 3.5x-4x compared to 0.2x in 2024. However, we expect
debt leverage to improve toward 3x in 2027 as Gibraltar benefits
from a full year of earnings from acquisitions. We also expect the
company to generate solid free operating cash flows, supported by
stable working capital and moderate capital spending. We anticipate
Gibraltar will generate free operating cash flow of $150
million-$200 million in 2026 and 2027. Given the company's publicly
stated target leverage of 2.0x-2.5x, we expect it will use excess
cash and proceeds from the sale of its renewables segment for debt
reduction.
"Our assessment of Gibraltar's competitive risk reflects its
leading position in niche markets and stable demand
characteristics, somewhat offset by its small scale and exposure to
cyclical and competitive end markets. Gibraltar is small compared
to similarly rated building materials peers, with about $1.7
billion-$1.8 billion in revenues anticipated in 2026 pro forma for
the transaction. The company also has limited geographic diversity
because almost all its revenues are generated in the U.S. Gibraltar
has a variety of products serving several end markets, but most of
it is tied to roofing and residential end markets, which will
contribute about 80% of revenues pro forma the Omnimax acquisition.
As a result, performance is dependent on the health of cyclical
residential end markets and--to a lesser extent--agriculture and
infrastructure end markets. Somewhat offsetting these risks is
Gibraltar's nationwide presence, with a broad footprint focused on
local and regional markets. This, along with high levels of
service, can serve as an important differentiator. Furthermore, its
roofing products largely depend on non-discretionary repair and
replacement end markets, which means the company's performance is
less susceptible to economic and housing cyclicality. However, the
contribution from storm-based demand in active weather seasons (or
lack thereof in relatively benign seasons) could add to the
potential volatility in revenues and earnings on a year-over-year
basis. Customers include contractors, builders, do-it-yourself
homeowners, large indoor produce growers, retail garden centers,
and commercial and transport contractors. However, there is some
customer concentration, with one customer contributing more than
10% of sales, but this is typical with big box customers that
purchase a wide variety of products.
"We expect Gibraltar to maintain stable profitability despite its
exposure to volatile raw material costs. The company has a variable
cost structure, which should help preserve margins during periods
of reduced demand. Variable costs are an important counterbalance
to its participation in cyclical end markets because they allow the
company to reduce expenses as demand falls. In addition, products
on average are typically inexpensive, constituting less than 10% of
the total project cost, which can reduce customer price
sensitivity. Key raw materials include volatile steel, aluminum,
and resin. Nonetheless, contracts include the ability to pass on
some costs to customers, though sometimes at a lag, which could
temporarily weaken margins. We also believe the company's strategic
initiatives around cost controls and productivity, including a
digital transformation, should further support profitability. As
such, we expect S&P Global Ratings-adjusted EBITDA margins of
17%-18% in 2026 and 2027.
"The stable outlook reflects our expectation that Gibraltar will
maintain leverage of 3x-4x over the next 12 months, supported by
growth in its end markets and earnings contributions from the
Omnimax acquisition."
S&P could lower its rating on Gibraltar over the next 12 months if
it anticipates its leverage could remain above 4x. This could occur
if:
-- Integration and deleveraging of the Omnimax acquisition takes
longer than S&P anticipated; or
-- Macroeconomic conditions weaken materially from S&P's
expectations.
S&P said, "We view an upgrade as unlikely over the next 12 months.
However, we could raise the rating if Gibraltar successfully
integrates the Omnimax acquisition and maintains a financial policy
that supports credit metrics commensurate with a higher rating."
This implies adjusted leverage comfortably below 4x on a sustained
basis.
GLOBAL SUPPLIES: Unsecureds Will Get 18% Dividend over 60 Months
----------------------------------------------------------------
Global Supplies NY Inc. filed with the U.S. Bankruptcy Court for
the Eastern District of New York a Disclosure Statement describing
Second Amended Chapter 11 Plan dated January 15, 2026.
The Debtor is a New York corporation with its principal place of
business located at 138 31st Street, Brooklyn, NY. Formed in 2009
to sell health and beauty products the company expanded its
business on the internet., conducting most of its sales on Amazon
Marketplace.
The financial background leading to this chapter 11 case, is that
the Debtor had been relying upon Amazon Capital Services ("ACS") to
finance its operations. When ACS discontinued that line of
business, the Debtor was forced to rely upon expensive short-term
loans and Merchant Capital Advances. In or about July of 2024, one
of the Debtor's creditors served a purported lien against the
Debtor's account at Amazon. This caused Amazon to freeze all funds
due to Global from sales on Amazon Marketplace, effectively
depriving Global of cash flow. This triggered the filing of an
emergency chapter 11 petition on August 1, 2024.
The Plan proposes to pay in full all senior secured creditors (i.e.
those whose claims are secured by value in the debtor's collateral
as set forth in Debtor’s bankruptcy schedules).
All other purportedly secured creditors (whether included in
Debtor's Bankruptcy Schedules as secured or filed as secured
claims) are deemed undersecured and will be treated as General
Unsecured Creditors. All General Unsecured creditors are deemed
Allowed General Unsecured claims and will be paid approximately 18%
in equal monthly installments over five years by sharing pro-rata
in a monthly distribution of $6,500 for a total of $390,000.
Class 4 consists of Non-Priority General Unsecured Claims. Pro rata
share of monthly payment by Debtor of $6,500 for 60 months for a
total of $390,000, approximating an18% dividend. This Class is
impaired.
It is anticipated that the Debtor's operating profits between the
present time and the Effective Date will be sufficient to fund all
payments due on that date. To the extent there is a shortfall, it
will be funded by the Debtor's principal.
It is anticipated that the Debtor's operating profits between the
present time and the Date of Substantial Consummation will be
sufficient to fund all payments due on that date. To the extent
there is a shortfall, it will be funded by the Debtor's principal.
Monthly plan payments will be made from current monthly profits and
accumulated reserves to be banked during cyclical periods of
greater sales.
A full-text copy of the Disclosure Statement dated January 15, 2026
is available at https://urlcurt.com/u?l=8BXTsR from
PacerMonitor.com at no charge.
Counsel to the Debtor:
CORASH & HOLLENDER, P.C.
Paul Hollender, Esq.
1200 South Avenue, Suite 201
The Corporate Park of Staten Island
Staten Island, New York, 10301
Telephone: (718) 442-4424
About Global Supplies NY
Global Supplies NY, Inc. is a distribution service provider in New
York.
Global Supplies NY filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. E.D. N.Y. Case No. 24-43232) on
August 1, 2024, with $1,115,425 in assets and $3,633,514 in
liabilities. Jolene Wee of JW Infinity Consulting, LLC serves as
Subchapter V trustee.
Judge Elizabeth S. Stong presides over the case.
Rachel S. Blumenfeld, Esq., at the Law Office of Rachel S.
Blumenfeld is the Debtor's bankruptcy counsel.
Flushing Bank can be reached through its counsel:
Frank C. Dell'Amore, Esq.
Jaspan Schlesinger Narendran, LLP
300 Garden City Plaza
Garden City, NY 11530
Tel: 516-393-8289
Fax: 516-393-8282
fdellamore@jaspanllp.com
Amazon Capital Services can be reached through its counsel:
Michael J. Gearin, Esq.
K&L Gates, LLP
925 Fourth Avenue, Suite 2900
Seattle, WA 98104
Phone: +1.206.370.6666
Mike.Gearin@klgates.com
HANSEN-MUELLER: Gets Extension to Access Cash Collateral
--------------------------------------------------------
Hansen-Mueller, Inc. received another extension from the U.S.
Bankruptcy Court for the District of Nebraska to use cash
collateral.
The court issued its fourth interim order authorizing the Debtor to
use cash collateral through February 20 in accordance with its
budget. A 15% variance is permitted on individual line items and on
an aggregate weekly basis, except that no upward variance is
allowed for the Debtor's professional fees.
The Debtor formally acknowledges owing BMO Bank, N.A. more than
$50.8 million in principal, plus a $2.5 million deficiency fee, and
agrees that BMO's claims are valid, enforceable, and secured by
first-priority liens on substantially all assets. It also waives
the right to later challenge the legitimacy or enforceability of
those liens, significantly strengthening BMO's secured position.
As adequate protection against any diminution in collateral value,
BMO and the pre-petition senior lenders will be granted
first-priority replacement liens on substantially all post-petition
assets (excluding Chapter 5 avoidance actions), along with
superpriority administrative expense claims under section 507(b)
that prime nearly all other claims.
If an event of default occurs, BMO may terminate cash collateral
use after a short notice period and seek emergency relief.
Separately, the official committee of unsecured creditors retains
limited investigation rights until February 28, including access to
up to $50,000 of estate funds to investigate and potentially
challenge BMO's liens.
The Debtor must deliver weekly variance reports to BMO and the
creditors' committee comparing actual receipts and disbursements
against the budget and explaining any deviations. All cash
collateral must be deposited into accounts maintained at BMO, and
budget modifications require BMO's prior written consent.
A final hearing is scheduled for February 17.
A copy of the Debtor's budget is available at
https://shorturl.at/4OIgy from PacerMonitor.com.
BMO, as secured creditor, is represented by:
Sam P. King, Esq.
Croker Huck Law Firm
2120 South 72nd Street, Suite 1200
Omaha, NE 68124
Phone: (402) 391-6777
Fax: (402) 390-9221
sking@crokerlaw.com
About Hansen-Mueller Co.
Hansen-Mueller Co. is a nationwide agribusiness company
headquartered in Omaha, Nebraska, engaged in grain merchandising
and processing with a diversified platform spanning the central
United States, including nine grain elevators, four port terminals,
and an oats processing facility producing pet food and animal feeds
in Toledo, Ohio. The Company operates four complementary business
units -- Oat Trading, Wheat Merchandising, Cross-Country Trading,
and a Houston Joint Venture -- and maintains grain trading offices
in multiple states, supported by a private railcar fleet and
multi-modal transportation network for domestic and international
flows. Founded in 1979, Hansen-Mueller employs approximately 120
people across its operations in the U.S. and conducts business in
44 states and 24 countries, focusing on niche crops, international
trade, and vertically integrated processing.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Neb. Case No. 25-81226) on November 17,
2025. In the petition signed by Michael Compton, chief
restructuring officer, the Debtor disclosed up to $500 million in
both assets and liabilities.
Judge Thomas L. Saladino oversees the case.
The Debtor tapped KOLEY JESSEN P.C., L.L.O. as legal counsel,
SILVERMAN CONSULTING as restructuring advisor, MICHAEL G. COMPTON
as chief restructuring officer and financial advisor, ASCENDANT
CONSULTING PARTNERS, LLC as investment banker, and EPIQ BANKRUPTCY
SOLUTIONS, LLC as notice, claims, and solicitation agent.
HERITAGE COLLEGIATE: Court Narrows Claims in Elemental, et al. Case
-------------------------------------------------------------------
Judge Thomas J. Tucker of the United States Bankruptcy Court for
the Eastern District of Michigan granted in part, and denied in
part, Elemental Capital, Inc. and Redstone Advance, Inc.'s partial
motion to dismiss Counts III, VI, VII, and VIII of the amended
complaint filed by Heritage Collegiate Apparel, Inc. in the
adversary proceeding captioned as HERITAGE COLLEGIATE APPAREL,
INC., Plaintiff, v. ELEMENTAL CAPITAL, INC., and REDSTONE ADVANCE,
INC., Defendants, Adv. No. 25-4146 (Bankr. E.D. Mich.).
This adversary proceeding presents a dispute between the Plaintiff,
a Chapter 11 bankruptcy debtor, and two Defendants that provided
financing to the Debtor pre-petition, under what are commonly known
as merchant cash advance agreements.
The Motion seeks dismissal of four of the counts in the Plaintiff's
eight-count amended complaint, namely, Counts III, VI, VII, and
VIII. These counts concern two agreements the Plaintiff made with
the Defendants, namely:
(1) the agreement dated and effective June 14, 2023 that the
Plaintiff made with Defendant Redstone Advance, Inc., entitled
"Sale of Future Receipts Agreement" (the "Redstone Agreement");
and
(2) the agreement dated and effective December 6, 2023 that the
Plaintiff made with Defendant Elemental Capital, Inc., entitled
"Sale of Future Receipts Agreement" (the "Elemental Agreement").
According to the Redstone Agreement, Redstone purchased $899,400.00
of the Plaintiff's "Future Receipts," for a purchase price of
$600,000.00.
The Redstone Agreement stated that the transaction was not a loan,
but rather a sale of future receipts.
According to the Elemental Agreement, Elemental purchased
$5,425,000.00 of the Plaintiff's "Future Receipts," for a purchase
price of $3,550,000.00.
Like the Redstone Agreement, the Elemental Agreement stated that
the transaction was not a loan, but rather a sale of future
receipts.
Redstone did not file a proof of claim in the Plaintiff's
bankruptcy case.
Elemental timely filed a proof of claim in the bankruptcy case, in
the amount of $4,596,132.00. As the basis of that claim, Elemental
alleged "Sale of Future Receipts/Ownership Interest in Future
Receipts" and "Breach of Purchase Agreement."
The parties' dispute about Elemental's claim matters, because under
the Plaintiff's confirmed Chapter 11 liquidation plan, the
Plaintiff is holding enough in funds to pay up to the full amount
of Elemental's claim, if and to the extent Elemental prevails in
this adversary proceeding.
Counts VI and VII
Count VI seeks a declaration that the Redstone Agreement and the
Elemental Agreement are "loan transactions," and therefore are
"subject to the laws applicable to loans, including usury laws."
Count VII notes that these agreements both state that New York law
governs, and alleges that these "disguised loan agreements" are
void and unenforceable under New York law. This is so, Count VII
alleges, because the agreements both charge disguised interest at a
rate much higher than the maximum permitted by New York's criminal
usury statute, which is 25% per annum.
The Defendants argue that Counts VI and VII must be dismissed,
because they each seek affirmative relief of a form that is not
permitted under New York's usury laws.
The Plaintiff argues that Counts VI and VII amount to an objection
to the proof of claim filed by Elemental, based on the theory that
the Elemental Agreement transaction was a disguised loan, not a
true sale, and that the loan violated New York's criminal usury
statute. The Defendants argue that these counts say nothing to
indicate that they are a claim objection, and should not be viewed
as such for that reason.
The Court agrees with the Defendants on this point. As for
Redstone, the Plaintiff's Amended Complaint does not allege that
Redstone filed a proof of claim, Redstone in fact did not file a
proof of claim. As a result, there can be no objection to a proof
of claim against Redstone. As for Elemental, the Amended Complaint
mentions the fact that Elemental filed a proof of claim, and
briefly describes the nature of that claim, but the Amended
Complaint fails to plead an objection to that claim that satisfies
the pleading requirements of Fed. R. Civ. P. 8(a), which applies in
this adversary proceeding under Fed. R. Bankr. P. 7008.
The relief the Plaintiff could obtain from an objection to
Elemental's claim is, at most, the partial or entire disallowance
of Elemental's claim. Counts VI and VII do not ask for that
relief. The relief sought in Count VI is merely a declaratory
judgment that the Elemental Agreement and the Redstone Agreement
"are loan transactions, despite any reference to the contrary, and
are subject to laws applicable to loans, including usury laws."
For these reasons, the Court must conclude that Counts VI and VII
of the Amended Complaint are different from, and more than, a mere
objection to the claim filed by Elemental. And these Counts cannot
be considered an objection to any claim filed by Redstone, since
Redstone filed no proof of claim. As a result, Count VI (to the
extent it is intended to support Count VII) and Count VII fail to
state plausible claims against either Elemental or Redstone upon
which relief can be granted.
The Court must "accept the facts as stated in" the Elemental
Agreement, and those facts require the conclusion that if the
Elemental Agreement transaction was a disguised loan, that loan was
for more than $2.5 million. As a result, New York's criminal usury
statute does not apply to the Elemental Agreement. Therefore it
would be futile for the Plaintiff to amend its complaint to
expressly state an objection to Elemental's claim based on the New
York usury statute.
For these reasons, the Court must dismiss Count VII of the
Plaintiff's Amended Complaint, with prejudice. And to the extent
the declaratory judgment claim in Count VI is intended to support
Count VII, it too must be dismissed, with prejudice.
Count VI and VIII
Count VIII alleges that if Michigan law applies to the Redstone
Agreement and the Elemental Agreement, rather than New York law,
then those agreements violate Michigan's usury law. If that is so,
the Plaintiff alleges, then under Michigan law, Redstone and
Elemental are not entitled to collect from the Debtor anything over
and above the money actually disbursed to the Plaintiff under the
Disquised Loan Agreements.
The Defendants argue, among other things, that the Plaintiff's
alternative claim of usury under Michigan law in Count VIII is
barred by Mich. Comp. Laws Sec. 450.1275.
The Court agrees with the Defendants, so Count VIII must be
dismissed, with prejudice.
And to the extent the declaratory judgment claim in Count VI is
intended to support Count VIII, it too must be dismissed, with
prejudice.
Count VI as a stand-alone claim
The Defendants argue that if the Plaintiff's usury counts (Counts
VII and VIII) are dismissed, then the declaratory judgment count
(Count VI) also must be dismissed, because it is not a stand-alone
cause of action. It is unclear to what extent the declaratory
judgment claim in Count VI is meant to, or does, support counts of
the Plaintiff's Amended Complaint other than the usury counts. So
the Court will not dismiss Count VI in its entirety at this time.
Rather, it will be dismissed only to the extent it is intended to
support the two usury counts.
Count III (alter ego)
The Amended Complaint alleges that Redstone and Elemental each are
Florida corporations. But Count III of the Amended Complaint seeks
a judgment holding that Elemental and Redstone are alter egos, and
asks the Court to disregard their separate existence. However, the
Court concludes that Count III fails to state a claim upon which
relief can be granted, and the Court will dismiss this count,
without prejudice.
A copy of the Court's Opinion and Order dated January 20, 2026, is
available at https://urlcurt.com/u?l=FvtkG8 from PacerMonitor.com.
About Heritage Collegiate Apparel
Heritage Collegiate Apparel, Inc., serves as the official retailer
of the University of Michigan Athletic Department. For more than 20
years, the Debtor has provided a selection of clothing, merchandise
and gifts to the University of Michigan.
Heritage Collegiate Apparel filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Mich. Case No.
24-47922) on Aug. 16, 2024, listing $1 million to $10 million in
assets and $10 million to $50 million in liabilities. The petition
was signed by Scott Hirth as president.
Judge Thomas J. Tucker presides over the case.
Kim K. Hillary, Esq., at Schafer and Weiner, PLLC represents the
Debtor as legal counsel.
On September 3, 2024, the United States Trustee appointed an
official committee of unsecured creditors in this Chapter 11 case.
The committee tapped Wolfson Bolton Kochis PLLC as counsel and
Capstone Partners as financial advisor.
HERITAGE COLLEGIATE: Court Narrows Claims in Vault 26 Case
----------------------------------------------------------
Judge Thomas J. Tucker of the United States Bankruptcy Court for
the Eastern District of Michigan granted in part, and denied in
part, Vault 26 Capital, LLC's partial motion to dismiss Counts III,
IV, and V of the amended complaint filed by Heritage Collegiate
Apparel, Inc. in the adversary proceeding captioned as HERITAGE
COLLEGIATE APPAREL, INC., Plaintiff, v. VAULT 26 CAPITAL, LLC,
Defendant, Adv. No. 25-4148 (Bankr. E.D. Mich.).
This adversary proceeding presents a dispute between the Plaintiff,
a Chapter 11 bankruptcy debtor, and a Defendant that provided
financing to the Debtor pre-petition, under what are commonly known
as merchant cash advance agreements.
The Motion seeks dismissal of three of the counts in the
Plaintiff's five-count amended complain, namely, Counts III, IV,
and V. These counts concern three similar agreements, each
entitled "Merchant Agreement," the Plaintiff made with the
Defendant Vault 26 Capital, LLC, doing business as Vault Capital
("Vault Capital"), namely:
(1) the agreement dated November 9, 2023 (the "First Vault
Capital Agreement");
(2) the agreement dated November 14, 2023 (the "Second Vault
Capital Agreement"); and
(3) the agreement dated December 1, 2023 (the "Third Vault
Capital Agreement").
According to the First Vault Capital Agreement, Vault Capital
purchased $572,000.00 of the Plaintiff's future "Receipts," for a
purchase price of $260,000.00.
According to the Second Vault Capital Agreement, Vault Capital
purchased $519,200.00 of the Plaintiff's future "Receipts," for a
purchase price of $236,000.00.
According to the Third Vault Capital Agreement, Vault Capital
purchased $195,000.00 of the Plaintiff's future "Receipts," for a
purchase price of $125,000.00.
Counts III and IV
Count III seeks declaration that the three Vault Capital Agreements
are loan transactions, and therefore are subject to the laws
applicable to loans, including usury laws. Count IV notes that
these agreements all state that New York law governs, and alleges
that these disguised loan agreements are void and unenforceable
under New York law. This is so, Count IV alleges, because the
agreements both charge disguised interest at a rate much higher
than the maximum permitted by New York's criminal usury statute,
which is 25% per annum.
The Defendant argues that Counts III and IV must be dismissed,
because they each seek affirmative relief of a form that is not
permitted under New York's usury laws.
The Plaintiff argues that Counts III and IV amount to an objection
to the proof of claim filed by Vault Capital, based on the theory
that the three Vault Capital Agreement transactions were disguised
loans, not true sales, and that the loans violated New York's
criminal usury statute. Vault Capital argues that these counts say
nothing to indicate that they are a claim objection, and should not
be viewed as such for that reason. The Court agrees with Vault
Capital on this point. The Amended Complaint mentions the fact
that Vault Capital filed a proof of claim, and briefly describes
the nature of that claim, but the Amended Complaint fails to plead
an objection to that claim that satisfies the pleading requirements
of Fed. R. Civ. P. 8(a), which applies in this adversary proceeding
under Fed. R. Bankr. P. 7008.
The relief the Plaintiff could obtain from an objection to Vault
Capital's claim is, at most, the partial or entire disallowance of
Vault Capital's claim. Counts III and IV do not ask for that
relief. The relief sought in Count III is merely a declaratory
judgment that the three Vault Capital Agreements are loan
transactions, despite any reference to the contrary, and are
subject to laws applicable to loans, including usury laws.
For these reasons, the Court must conclude that Counts III and IV
of the Amended Complaint are different from, and more than, a mere
objection to the claim filed by Vault Capital. As a result, Count
IV and Count III (to the extent it is intended to support Count IV)
fail to state plausible claims against Vault Capital upon which
relief can be granted.
The Court will dismiss Count IV of the Plaintiff's Amended
Complaint, without prejudice to the extent of the leave the Court
will grant the Plaintiff to file an amended complaint. And to the
extent the declaratory judgment claim in Count III is intended to
support Count IV, it too must be dismissed, also without prejudice.
The Court will grant the Plaintiff leave to file an amended
complaint that explicitly includes an objection to the proof of
claim filed by Vault Capital, and that is consistent with this
Opinion.
Count V
Count V alleges that if Michigan law applies to the Vault Capital
Agreements, rather than New York law, then those agreements violate
Michigan's usury law.
Vault Capital argues, among other things, that the Plaintiff's
alternative claim of usury under Michigan law in Count V is barred
by Mich. Comp. Laws Sec. 450.1275 The Court agrees with Vault
Capital's argument, so Count V must be dismissed, with prejudice
The Court must dismiss Count V, with prejudice. And to the extent
the declaratory judgment claim in Count III is intended to support
Count V, it too must be dismissed, with prejudice.
Vault Capital argues that if the Plaintiff's usury counts (Counts
IV and V) are dismissed, then the declaratory judgment count (Count
III) also must be dismissed, because it is not a stand alone cause
of action. The Plaintiff does not dispute this, and the Court
agrees with Vault Capital on this point.
Because Count III is not a stand-alone count, the Court will
dismiss it.
A copy of the Court's Opinion and Order dated January 20, 2026, is
available at https://urlcurt.com/u?l=Cg5AZJ from PacerMonitor.com.
About Heritage Collegiate Apparel
Heritage Collegiate Apparel, Inc., serves as the official retailer
of the University of Michigan Athletic Department. For more than 20
years, the Debtor has provided a selection of clothing, merchandise
and gifts to the University of Michigan.
Heritage Collegiate Apparel filed its voluntary petition for relief
under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Mich. Case No.
24-47922) on Aug. 16, 2024, listing $1 million to $10 million in
assets and $10 million to $50 million in liabilities. The petition
was signed by Scott Hirth as president.
Judge Thomas J. Tucker presides over the case.
Kim K. Hillary, Esq., at Schafer and Weiner, PLLC represents the
Debtor as legal counsel.
On September 3, 2024, the United States Trustee appointed an
official committee of unsecured creditors in this Chapter 11 case.
The committee tapped Wolfson Bolton Kochis PLLC as counsel and
Capstone Partners as financial advisor.
HILBERT GROUP: Case Summary & 16 Unsecured Creditors
----------------------------------------------------
Debtor: Hilbert Group LLC
Hilbert Group Manager LLC
520 Newport Center Drive, Suite 480
Newport Beach, CA 92660
Business Description: Hilbert Group LLC is a single-asset real
estate company with its main property
situated at 27415–27535 Jefferson Ave.,
Temecula, California 92590.
Chapter 11 Petition Date: January 20, 2026
Court: United States Bankruptcy Court
Central District of California
Case No.: 26-10154
Judge: Hon. Mark D. Houle
Debtor's Counsel: William J. Wall, Esq.
WALL LAW OFFICE
26895 Aliso Creek Rd # B-110
Aliso Viejo CA 92656-5301
Tel: (949) 387-4300 x 105
Email: wwall@wall-law.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by Ioannis Xilikakis as manager of Managing
Member.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/YNONFHA/Hilbert_Group_LLC__cacbke-26-10154__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 16 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Joses Nuevo Landscaping LLC $47,600
3857 Birch Street Suite 209
Newport Beach, CA 92660
2. Vierergruppe Management Inc. $40,921
1932 East Deere Avenue Suite 150
Santa Ana, CA 92705
Tel: (714) 442-0625
3. WestMar Commercial Brokerage, Inc $11,835
41623 Margarita Road Suite 100
Temecula, CA 92591
Tel: (951) 491-6300
4. Rancho California Water District $11,530
PO Box 512687
Los Angeles, CA 90051-0687
Tel: (951) 296-6930
5. Incorporated, CR&R $10,305
PO Box 7096
Pasadena, CA 91109-9952
Tel: (800) 755-8112
6. Prime Investors Corporation $4,257
P.O.Box 3697
Vista, CA 92085
7. Sain Builders $4,125
147 Hart Bench Rd
Darby, MT 59829
8. 4 Seasons Air, Inc. $3,473
8585 Katella Avenue
Stanton, CA 90680
Tel: (800) 850-5553
9. Southern California Edison $2,627
P.O. Box 300
Rosemead, CA 91772-0001
Tel: (800) 655-4555
10. Kuri Services LLC $1,680
14817 Janine Dr.
Whittier, CA 90605
11. American Jetting Services $990
P.O Box 1699
Ontario, CA 91762
Tel: (800) 538-8426
12. ABC Supply Co. Inc. $677
PO Box Box 748242
Los Angeles, CA 90074-8242
Tel: (608) 368-2562
13. Ramsey Backflow & Plumbing $480
11626 Sterling Ave Suite D
Riverside, CA 92503
Tel: (951) 689-4116
14. Alz Electrical and Lighting Service $307
23905 Clinton Keith Rd 114-395
Wildomar, CA 92595
15. Knight Security & Fire Systems $274
2418 Auto Park Way
Escondido, CA 92029
Tel: (760) 745-3604
16. Pestgon, Inc. $264
3612 Ocean Ranch Rd
Oceanside, CA 92056
Tel: (877) 724-8100
HILLSDALE PALLETS: Unsecureds to Split $60K in Consensual Plan
--------------------------------------------------------------
Hillsdale Pallets, LLC filed with the U.S. Bankruptcy Court for the
Western District of Michigan a Plan of Reorganization under
Subchapter V dated January 15, 2026.
The Debtor operates a pallet and packaging business that
manufactures and repairs pallets, crates, and skids at 2351 E. Bear
Lake Road, Hillsdale, Michigan 49242 (the "Business Premises").
The Debtor supplies pallets and related products primarily to
industrial and commercial customers in Michigan and surrounding
areas. Debtor leases the Business Premises from its affiliate, WCR
Holdings, LLC, which owns the underlying real property. The
operations of Debtor and WCR are closely integrated: Hillsdale
operates the business; WCR is the real estate holding company.
The Debtor acquired substantially all of the assets of a
predecessor entity, Hillsdale Pallet, LLC (the "Seller"), through a
leveraged transaction that was funded by Byline and other lenders
and involved Hillsdale, WCR, and WCR Logistics, LLC as purchasers.
Debtor's operations thereafter were impacted by increased costs for
raw materials and labor, tightening margins, and increased debt
service obligations.
To stabilize operations, preserve going-concern value, and propose
a structured payment to Byline and other creditors, Debtor filed
this Subchapter V case on October 17, 2025, and contemporaneously
sought authority to use cash collateral.
The Debtor's Cash Flow Projections demonstrate that Debtor can fund
the Plan based on: (i) operating income from continued pallet and
packaging operations at the Business Premises; and (ii) reasonable
reductions in overhead and improved revenue stability under the
reorganized capital structure.
The Reorganized Debtor shall, through continued operations and, if
applicable, recoveries on any Avoidance Actions or other third
party claims, make payments to secured, administrative, priority,
and unsecured creditors as provided in this Plan.
Class 4 consists of all Allowed unsecured non-priority Claims,
including, but not limited to, the Byline deficiency claim,
Hillsdale Pallet, LLC, ODK, vendors, credit cards, and any
nonpriority portions of governmental or equipment claims. Debtor
estimates that total General Unsecured Claims may exceed
$1,500,000.00, inclusive of the Byline deficiency and subordinated
all-asset lenders.
Treatment shall depend on whether the Plan is confirmed as
"consensual" under Section 1191(a) of the Bankruptcy Code or
"non-consensual" under Section 1191(b) of the Bankruptcy Code:
* Consensual Plan (Preferred Treatment): If the Plan is
confirmed consensually, Debtor shall pay to Class 4 creditors, in
the aggregate, the sum of $60,000.00 (the "Consensual Unsecured
Base") over a period not to exceed five years from the Effective
Date. Payments shall be made in semi-annual installments of at
least $6,000.00 each, beginning on the first January 1 or July 1
following the Effective Date, and continuing until the Consensual
Unsecured Base has been fully paid. Each Class 4 creditor will
receive its pro rata share of each installment based on the ratio
of its Allowed Claim to all Allowed Class 4 Claims.
* Non-Consensual Plan (Cramdown Treatment): If the Plan is
confirmed non-consensually, Debtor shall pay to Class 4 creditors,
in the aggregate, the sum of $1,000.00 (the "Non-Consensual
Unsecured Base") over the applicable commitment period, funded from
Debtor's projected disposable income after accounting for the
additional costs of having the Trustee administer distributions
under Section 1194(b) of the Bankruptcy Code. Debtor's projected
disposable income and the Non-Consensual Unsecured Base shall
comply with Sections 1191(c) and 1194 of the Bankruptcy Code.
* Additional Distributions from Avoidance Actions and Third
Party Claims.
Under either consensual or non-consensual confirmation, Class 4
shall also receive:
* Pro rata distributions of any net proceeds (after costs and
administrative expenses) from Avoidance Actions or third-party
claims that Debtor elects to pursue; and
* Any additional funds that Debtor voluntarily contributes,
including potential refinancing or sale proceeds in excess of
amounts necessary to satisfy secured and priority claims.
Distributions under the Consensual or Non-Consensual Unsecured Base
shall be in addition to any such net recoveries.
Class 5 consists of Equity Security Holders. Members' Interests in
Debtor shall be retained as part of the reorganization, subject to
the Merger and any necessary adjustments in internal ownership
percentages. The reorganized equity is expected to have minimal
value other than as a source of income from continued operations.
Class 5 is unimpaired.
All Plan payments shall be funded from:
* The Debtor's ongoing operating income as reflected in the
Cash Flow Projections;
* Net proceeds (if any) from Avoidance Actions or other
third-party claims; and
* Any refinancing or sale of assets consistent with the Plan.
A full-text copy of the Plan of Reorganization dated January 15,
2026 is available at https://urlcurt.com/u?l=1gP1KE from
PacerMonitor.com at no charge.
Counsel to the Debtors:
CBH ATTORNEYS & COUNSELORS, PLLC
Michael P. Hanrahan, Esq.
25 Division Ave. S., Suite 500
Grand Rapids, Michigan 49503
Tel.: (616) 608-3061
About Hillsdale Pallets LLC
Hillsdale Pallets LLC, formerly FDBA Hillsdale Pallet LLC,
manufactures and distributes wooden pallets, custom crating, and
shipping boxes, offering services that include ISPM 15-certified
heat treatment and reconditioned standard pallets. Based in
Hillsdale, Michigan, the company provides custom-size pallets and
specialty skids built to client specifications. Its operations
focus on pallet production, shipping solutions, and related
logistics services.
Hillsdale Pallets sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. W.D. Mich. Case No. 25-02967 on
October 71, 2025, listing total assets of $353,531 and total
liabilities of $2,215,075. Scott Chernich serves as Subchapter V
trustee.
Honorable Bankruptcy Judge Scott W. Dales handles the case.
The Debtor is represented by Michael P. Hanrahan, Esq., at CBH
Attorneys & Counselors, PLLC.
HYDE ENVIRONMENTAL: Gets Extension to Use Cash Collateral
---------------------------------------------------------
Hyde Environmental, LLC received another extension from the U.S.
Bankruptcy Court for the Middle District of Florida, Tampa
Division, to use cash collateral to fund operations.
At the January 23 hearing, the bankruptcy court extended the
Debtor's authority to use cash collateral through January 27.
The Debtor was initially allowed to access cash collateral under
the court's January 16 interim order. The initial order granted the
Debtor interim approval to use up to $15,000 of post-petition
revenue constituting cash collateral to pay pre-bankruptcy wages
previously authorized by a court order, post-petition wages,
subcontractors, fuel, insurance, and other ordinary-course vendors
and operating expenses.
Any secured creditor with a valid lien on cash collateral was
granted a replacement lien under the initial order as adequate
protection.
Hyde Environmental filed for bankruptcy on January 8 and continues
to operate as an environmental services business with active
executory contracts and projects in progress and about to begin.
Its operations generate accounts receivable and cash that are
essential to fund payroll, taxes, fuel, insurance, equipment use,
and subcontractor expenses.
A search of the Florida Secured Transaction Registry shows that
several parties have filed UCC-1 financing statements claiming
liens on the Debtor's accounts, proceeds, or general intangibles,
including Essential Funding, Wells Fargo, Ring Investments,
Caterpillar Financial Services, Ford Motor Credit, John Deere
Financial, and Outback Forestry. However, the Debtor disputes the
validity, perfection, extent, and priority of any such liens and
reserves all rights to challenge them.
As of the petition date, Hyde Environmental held about $29,013 in
cash and expects to receive roughly $100,000 in receivables and
contract proceeds. The Debtor treats some or all of these funds as
potential cash collateral.
About Hyde Environmental LLC
Hyde Environmental LLC provides a range of environmental services,
including hazardous waste management, environmental assessments,
and remediation projects. The company serves commercial and
industrial sectors with a commitment to regulatory compliance and
environmental sustainability.
Hyde Environmental LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 26-00147) on January 8, 2026. In
its petition, the Debtor reported assets between $1 million and $10
million and liabilities between $1 million and $10 million.
The Debtor is represented by Perry Gruman, Esq., at Gruman Law.
ICRYO BRANDS: Seeks Chapter 11 Bankruptcy in Texas
--------------------------------------------------
ICryo Brands, LLC, filed for Chapter 11 bankruptcy protection on
January 21, 2026, in the Southern District of Texas, initiating a
voluntary restructuring proceeding. The company disclosed
liabilities of $1 million to $10 million involving 100 to 199
creditors.
About ICryo Brands, LLC
ICryo Brands, LLC, is a wellness company focused on cryotherapy and
recovery-based health services offered through franchised and
company-owned centers.
The debtor sought relief under Chapter 11 of the U.S. Bankruptcy
Code on January 21, 2026, under Case No. 26-90118. Its bankruptcy
schedules list assets and liabilities each estimated between $1
million and $10 million.
The case is overseen by Honorable Christopher M. Lopez.
ICryo Brands, LLC is represented by Vickie L. Driver, Esq., Driver
Stephenson, PLLC.
IROBOT CORP: Secures Court Approval for Chapter 11 Plan
-------------------------------------------------------
Yun Park of Law360 reports that the Delaware Bankruptcy Court on
Thursday, January 22, 2026, signed off on a Chapter 11 plan for
iRobot Corp., allowing the company to shed $257 million in
obligations and emerge under the ownership of its secured
creditor.
As part of the confirmed restructuring, existing equity will be
eliminated, and the secured lender will acquire full ownership of
the reorganized business through a credit bid. The company said the
plan provides a path forward by strengthening its balance sheet and
ensuring sufficient liquidity to support its post-bankruptcy
operations, the report states.
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 December 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.
J AND A 5TH AVE: Rental Income & Loan Modification to Fund Plan
---------------------------------------------------------------
J and A 5th Ave LLC filed with the U.S. Bankruptcy Court for the
District of New Jersey a Disclosure Statement describing Chapter 11
Plan dated January 15, 2026.
The Debtor is a holding company for three parcels of real estate.
The Debtor's primary asset is the three parcels of real property,
located at (1) 476 Summer Street, Paterson, NJ; (2) 178 Fulton
Place, Paterson, NJ; and (3) 42 Linn Road, Nutley, NJ, worth a
combined estimated $1,000,000.00.
The filing of the Debtor's case was precipitated by Debtor falling
behind on mortgage payments to the secured creditor, Wilmington
Savings Fund Society, triggering a default interest rate of 10%. In
turn, the secured creditor initiated a foreclosure action,
resulting in a sheriff's sale for the Nutley property.
The Debtor has began collecting rent on the Nutley property, and
has applied for a loan modification to incorporate the arrears on
the Nutley property. Should the loan modification be unsuccessful,
Debtor will sell the Nutley property.
This is a reorganization plan. In other words, the Proponent seeks
to accomplish payments under the Plan from (i) funds on hand in the
estate at the time of Confirmation; and (ii) Debtor's quarterly
disposable income. The Effective Date of the proposed Plan is
thirty days after entry of the order confirming the Plan unless the
Plan or confirmation order provides otherwise.
Allowed Secured Claims are Claims secured by property of the
Debtor's bankruptcy estate (or that are subject to setoff) to the
extent allowed as secured Claims under Section 506 of the Code. If
the value of the collateral or setoffs securing the Creditor's
Claim is less than the amount of the Creditor's Allowed Claim, the
deficiency will be classified as a general unsecured Claim;
provided, however, that the Debtor may not modify a claim secured
by a security interest in real property that is his or her
principle residence.
The Debtor will surrender the collateral securing the Secured
Creditor's Claim on the Effective Date of the Plan. The
Confirmation Order shall constitute an order granting relief from
the automatic stay permitting the Secured Creditor to possess and
dispose of their collateral. Any secured claim is deemed satisfied
in full through surrender of the collateral. Any deficiency claim
is a general unsecured claim. A Class of secured claims receiving
this treatment is not impaired and is not entitled to vote on
confirmation of the Plan.
There are no general unsecured claims in this case.
Class Four consists of the ownership interest of the Debtor in its
assets, which are not otherwise abandoned pursuant to the Plan. The
ownership interests of the Debtor in its assets shall not be
altered as a consequence of the Plan.
The Plan will be funded from a combination of (i) rental income and
(ii) the loan modification sought by Debtor. The Cash Flow Analysis
illustrates the amount of income received from earnings and the
resulting disposable income.
A full-text copy of the Disclosure Statement dated January 15, 2026
is available at https://urlcurt.com/u?l=IUABHv from
PacerMonitor.com at no charge.
Counsel for the Debtor:
Aiden Murphy, Esq.
Scura, Wigfield, Heyer, Stevens & Cammarota LLP
1599 Hamburg Turnpike
Wayne, NJ 07470
Telephone: (973) 696-8391
About J and A 5th Ave LLC
J and A 5th Ave LLC is a single asset real estate company that owns
property at 42 Linn Road in Nutley, New Jersey.
J and A 5th Ave LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 25-15537) on May 27, 2025.
In its petition, the Debtor reports estimated assets up to $50,000
and estimated liabilities between $100,000 and $500,000.
Honorable Bankruptcy Judge Stacey L. Meisel handles the case.
J. PATRICK LEE: To Sell Komatsu Excavator to Greentek Resources
---------------------------------------------------------------
J. Patrick Lee Construction LLC seeks approval from the U.S.
Bankruptcy Court for the Southern District of Mississippi, to sell
Equipment, free and clear of liens, claims, interests, and
encumbrances.
The Debtor's Equipment that is up for sale is a 2023 Komatsu
PC360LC-11 Excavator, Serial No. A39181.
The Debtor's decision to liquidate the Equipment is in the best
interest of all creditors and parties-in-interest. The purchaser of
the Equipment is Greentek Resources LLC with the purchase price of
$307,500.
The Purchaser is a good faith purchaser and the sale transaction is
an arms-length transaction. The Debtor had no prior relationship
with the Purchaser.
The Debtor seeks to sell the Equipment free and clear of liens,
claims, interests, with the valid liens and claims of Komatsu to
attach to the sale proceeds. The first, and only, consensual lien
is held by Komatsu.
The proceeds of the sale will be paid to Komatsu who, as noted,
holds the first, and only consensual lien on the Equipment. The
remaining proceeds from the sale after payment toward Komatsu's
lien, shall be placed in an interest-bearing escrow account by
counsel for the Debtor, with the funds to be disbursed only upon
further order of the Court, after notice and hearing.
About J. Patrick Lee Construction
J. Patrick Lee Construction, LLC, based in Picayune, Mississippi,
engages in heavy and civil engineering construction projects,
including local infrastructure, municipal improvements, and
residential site development. The Company participates in public
and private construction contracts within Pearl River County and
surrounding areas.
J. Patrick Lee Construction sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Miss. Case No. 25-51858) on
December 10, 2025. In the petition signed by Patrick Lee,
owner/managing member, the Debtor disclosed up to $10 million in
both assets and liabilities.
Judge Katharine M. Samson oversees the case.
The Debtor is represented by the Law Offices of Geno and Steiskal,
PLLC.
JANEP HOLDINGS: Case Summary & Two Unsecured Creditors
------------------------------------------------------
Debtor: Janep Holdings LLC
377 Holden Road
Avon, CO 81620
Business Description: Janep Holdings LLC is a real estate company
that owns and leases a single property.
Chapter 11 Petition Date: January 21, 2026
Court: United States Bankruptcy Court
Middle District of Florida
Case No.: 26-00223
Judge: Hon. Jacob A Brown
Debtor's Counsel: Jeffrey S. Ainsworth, Esq.
BRANSONLAW, PLLC
1501 E. Concord Street
Orlando, FL 32803
Tel: 407-894-6834
Email: jeff@bransonlaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Jarek Tadla as member.
A full-text copy of the petition, which includes a list of the
Debtor's two unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/LUI2CJI/Janep_Holdings_LLC__flmbke-26-00223__0001.0.pdf?mcid=tGE4TAMA
JB GROUP: To Sell Construction Biz to Basta Trading for $6.3MM
--------------------------------------------------------------
JB Group of LA, LLC, d/b/a Infrastructure Solutions Group, seeks
permission from the U.S. Bankruptcy Court for the Middle District
of Louisiana, to sell Assets at auction, free and clear of liens,
claims, interests, and encumbrances.
The Debtor is engaged in the business of construction and
electrical and instrumentation and communications services in the
public and private sectors.
The Debtor employs Prichard Energy Advisors LLC and Mensura
Securities LLC as its investment banker.
The Purchased Assets are composed of all accounts receivable,
contracts, leases, equipment, any permits and intellectual without
limitation.
The Debtor entered into an Asset Purchase Agreement with Basta
Trading Limited Inc., a Louisiana Corporation, to purchase the
Assets.
The Purchase price is expected to equal roughly $6,318,506.15.
The remainder of the Purchase Price, and in no case less than the
sum of $1,400,000 shall be paid in cash to the Debtor in
unencumbered funds at Closing.
The Purchaser has delivered to the Seller funds in the amount of
10% of the Purchase Price, to be held and disbursed pursuant to the
Agreement.
To the extent Purchaser is designed as the Winning Bidder, the
Closing shall take place through the offices of the counsel for
Seller, no later than February 24, 2026 or such later date as may
be authorized by the Bankruptcy Court.
If Purchaser, in an effort to become the "Winning Bidder" and
acquire the Purchased Assets submits one or more bids at the
Auction contemplated in the Bidding Procedures Order in excess of
the Purchase Price set forth herein, the Purchase Price for the
Purchased Assets shall be automatically increased and shall be the
amount of the highest, final, approved bid submitted, and the terms
of this Agreement shall be automatically deemed amended to reflect
same, with no further action or modification.
About JB Group of LA, LLC d/b/a Infrastructure Solutions
Group
JB Group of LA LLC, doing business as ISG Infrastructure Group,
provides electrical, instrumentation, communications, and renewable
energy solutions to public and private sector clients, including
the U.S. Army Corps of Engineers, military installations, state
departments of transportation, and industrial customers in data,
energy, and manufacturing sectors.
JB Group of LA LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. La. Case No. 25-10807) on September
12, 2025. In its petition, the Debtor reports estimated assets up
to $50,000 and estimated liabilities between $10 million and $50
million.
The Debtor is represented by Paul Douglas Stewart, Jr., Esq. at
Stewart Robbins Brown & Altazan, LLC.
KULA GRAIN: Files Amendment to Disclosure Statement
---------------------------------------------------
Kula Grain Co., Inc. d/b/a Kula Grain Company submitted a First
Amended Disclosure Statement describing First Amended Plan of
Reorganization dated January 15, 2026.
Since filing for Chapter 11 in April of 2025, the Debtor has
focused less on the commodities portion of its business and has
worked to diversify its business into other areas to account for
shortfalls caused by the Texas drought.
Following Confirmation of the Plan, the Debtor intends to continue
operating its business at both locations, which shall provide the
income necessary to fund the Plan. In particular, the Debtor
contemplates that it will establish a Plan Payment Fund to fund the
Plan as to Allowed Unsecured Claims, in addition to ongoing
payments to Allowed Secured Claims.
With respect to Allowed Secured Claims, upon the Effective Date of
the Plan, Debtor shall begin monthly payments to the holders of
Secured Claims in Classes 1, 2 and 3.
With respect to Allowed Unsecured Claims, upon the Effective Date
of the Plan, and once Debtor obtains a Working Capital Reserve of
$300,000.00, the Debtor shall make annual payments into the Plan
Payment Fund, with such accounts being governed by the requirements
of Section 345 of the Bankruptcy Code. These accounts shall be
escrowed and segregated from all other accounts held or created by
Debtor. Until such time as all Unsecured claims are determined by a
Final Order or a settlement approved by a Final Order of the Court,
the Plan Payment Fund will accrue interest and remain segregated.
The Debtor's projections show an accumulated disposable income
available to pay Allowed Unsecured Claims in the total amount of
approximately $171,581.00 over the five-year Plan period. This
amount shall be paid pro rata to Unsecured Creditors with Allowed
Claims in Class 4. The projections also demonstrate the ability to
pay the Secured Creditors in Classes 1, 2 and 3, plus
administrative and priority claims.
Asa Carpenter, as owner of the Debtor, will continue to be paid a
salary in the ordinary course of business in the amount of
$8,000.00 per month, as reflected by the projections. He will also
be paid an additional $8,000.00 per month by virtue of the
Carpenter Lease and will, as minority shareholder of Overdrive,
potentially be paid a portion of the $16,500.00 in the monthly
equipment rent paid to Overdrive. He will not be afforded any
additional distributions as part of the Plan.
Class Four consists of allowed Unsecured Claims against the Debtor
and the Claims that are deemed allowed by a Final Order. The
unsecured creditors shall receive annual payments once per year on
the anniversary of the Confirmation Order, pro rata over the Plan
term of five years from Net Income in amounts not to exceed allowed
claims. Payments shall only be made if there is Net Income
available as defined in the Plan.
Notwithstanding the foregoing or anything to the contrary herein,
the Debtor, in its sole discretion, may pay the claims in Class
Four in full at any time prior to the end of the Plan. Class Four
is Impaired under the Plan. Allowed Unsecured Claims total
$4,680,110.41.
The Debtor will continue to operate its business. The Debtor will
make monthly payments to holders of claims in Classes One through
Three as stated herein, as well as priority Claims and
administrative Claims. The Debtor's Net Income shall be used to pay
holders of Allowed Unsecured Claims from the Plan Payment Fund as
stated herein.
The Debtor projects that the Plan of Reorganization described
herein and in the Debtor's Plan will significantly increase the
value of its operations and Assets, allow it to successfully
reorganize, and provide payment to all legitimate creditors, with
regard to unsecured creditors pro rata on their allowed claims.
A full-text copy of the First Amended Disclosure Statement dated
January 15, 2026 is available at https://urlcurt.com/u?l=oPGjgr
from PacerMonitor.com at no charge.
Kula Grain Co. Inc. is represented by:
Jeffrey A. Weinman, Esq.
Bailey C. Pompea, Esq.
Allen Vellone Wolf Helfrich & Factor P.C.
1600 Stout Street, Suite 1900
Denver, CO 80202
Tel: (303) 534-4499
Email: JWeinman@allen-vellone.com
Email: BPompea@allen-vellone.com
About Kula Grain Co. Inc.
Kula Grain Co. Inc. is a Fort-Morgan, Colorad-based grain merchant
and interstate freight carrier that hauls dry-bulk farm
commodities.
Kula Grain Co. Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Col. Case No. 25-12338) on April 22,
2025. In its petition, the Debtor estimated assets and liabilities
between $1 million and $10 million.
Bankruptcy Judge Joseph G. Rosania Jr. handles the case.
The Debtor is represented by Jeffrey A. Weinman, Esq. at ALLEN
VELLONE WOLF HELFRICH & FACTOR, P.C.
LANGUAGE KIDS: Gets Interim OK to Use Cash Collateral
-----------------------------------------------------
Language Kids Houston, LLC received interim approval from the U.S.
Bankruptcy Court for the Southern District of Texas, Houston
Division, to use cash collateral to fund operations.
The court authorized the Debtor to use cash collateral through
February 23 to pay business expenses in accordance with its
budget.
As adequate protection, secured creditors including the U.S. Small
Business Administration, ODK Capital, LLC, Expansion Capital Group,
LLC, and any other lender with a valid lien and security interest
in the collateral owned by the Debtor will continue to have the
same liens, encumbrances and security interests in post-petition
cash collateral.
In addition, the Debtor will keep the collateral insured as further
protection.
A final hearing is set for February 23.
The interim order is available at https://is.gd/h6Jrns from
PacerMonitor.com.
Language Kids Houston filed its voluntary petition on January 7 and
is operating as a debtor-in-possession providing immersive foreign
language classes, tutoring, and camps for children at its Houston
Heights location and in schools and daycare settings.
The Debtor's primary secured creditor is the SBA, which holds a
first-priority lien on the Debtor's inventory, personal property,
and accounts pursuant to a UCC filing from May 2020 that has been
continued. Other lenders, including OnDeck Capital, Expansion
Capital Group, and Everest Business Funding, are described as
having asserted security interests with extremely high interest
rates ranging from roughly 47% to over 120% annually, which the
Debtor characterizes as unconscionable and, in Everest's case,
unperfected due to the absence of a UCC filing.
The Debtor asserts that the SBA is the only creditor with a
properly perfected lien and a legitimate interest in the cash
collateral.
About Language Kids Houston LLC
Language Kids Houston, LLC, doing business as Language Kids World,
provides language education and immersion programs for children in
Houston, Texas, offering classes, camps, and virtual instruction
designed to develop fluency, cultural awareness, and confidence in
foreign languages across public, school-based, dual-language, and
International Baccalaureate (IB) learning environments.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 26-30176) on January 7,
2026. In the petition signed by Vanessa Simpson, as sole member and
president, the Debtor disclosed up to $50,000 in assets and up to
$10 million in liabilities.
Judge Eduardo V Rodriguez oversees the case.
Reese Baker, Esq., at Baker & Associates, represents the Debtor as
legal counsel.
LAUNDROMAT OF NEVADA: Has Deal on Cash Collateral Access
--------------------------------------------------------
Laundromat of Nevada, LLC, Countrywide Clean LLC, and Dexter
Financial Services, Inc. advise the U.S. Bankruptcy Court for the
District of Nevada that they have reached an agreement regarding
the use of cash collateral and now desire to memorialize the terms
of this agreement into an agreed order.
Laundromat of Nevada operates two laundromat locations in Las
Vegas, Nevada, and has been in business since 2020.
The Debtor has reached an agreement with Dexter, the primary
secured creditor holding perfected first-priority security
interests in substantially all its assets, including equipment,
accounts, and general intangibles, securing two loans totaling
$825,677, with interest at 8.39%.
The parties agree that the Debtor may use cash collateral from
post-petition operations to continue business operations while
making regular adequate protection payments to Dexter.
Dexter will receive a replacement lien on all post-petition
collateral and that the Debtor will continue making installment
loan payments under the original loan agreements.
The Debtor acknowledges the validity and perfection of Dexter's
security interests and commits to incorporating these protections
into any plan of reorganization. The agreement also clarifies that
Dexter retains the right to seek additional adequate protection in
the future and that neither party's rights regarding the treatment
of claims or adequacy of protection are waived.
The Debtor emphasizes that using the cash collateral is necessary
to preserve and operate its business, generate revenue, and
continue making payments to Dexter, and requests that the court
approve the stipulation to allow uninterrupted operations.
A court hearing is scheduled for February 11.
A copy of the motion is available at https://urlcurt.com/u?l=ELfdlr
from PacerMonitor.com.
About Laundromat of Nevada LLC
Laundromat of Nevada LLC, doing business as 24 Hour Laundromat
Lavanderia and Laundromat Lavanderia, operates a self-service
retail laundromat providing washing and drying services. The Las
Vegas, Nevada-based company serves local residential customers and
operates in the drycleaning and laundry services industry.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. D. Nev. Case No. 25-17794) on December 23,
2025, with $1 million to $10 million in assets and liabilities. Tim
Madsen, managing member, signed the petition.
Judge August B. Landis presides over the case.
Brett A. Axelrod, Esq. at Fox Rothschild, LLP represents the Debtor
as legal counsel.
LAZY T TIRE: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------
Debtor: Lazy T Tire & Implement, LLC
d/b/a Lazy T Trailer Sales
241 Harrison St
Orchard, NE 68764
Business Description: Lazy T Tire & Implement, LLC, doing
business as Lazy T Trailer Sales, sells and services tires,
trailers, and related equipment serving Orchard, Nebraska, and the
surrounding area.
Chapter 11 Petition Date: January 23, 2026
Court: United States Bankruptcy Court
District of Nebraska
Case No.: 26-40073
Debtor's Counsel: Galen E. Stehlik, Esq.
STEHLIK LAW FIRM, P.C., L.L.O.
724 W Koenig St
Grand Island, NE 68801
Tel: (308) 675-4035
Fax: (308) 675-4038
E-mail: galen.stehlik@stehliklawfirm.com
Total Assets: $2,467,365
Total Liabilities: $1,001,576
The petition was signed by Timothy Twibell as owner and member.
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/75KEZTA/Lazy_T_Tire__Implement_LLC__nebke-26-40073__0001.0.pdf?mcid=tGE4TAMA
LAZY T TIRE: Seeks Subchapter V Bankruptcy in Nebraska
------------------------------------------------------
On January 23, 2026, Lazy T Tire & Implement, LLC, filed for
Chapter 11 protection in the District of Nebraska. According to
court filings, the Debtor reports between $1 million and $10
million in debt owed to its creditors.
About Lazy T Tire & Implement, LLC
Lazy T Tire & Implement, LLC is a Nebraska-based agricultural
services company specializing in tire sales, equipment, and farm
implement services for agricultural and commercial customers.
Lazy T Tire & Implement, LLC sought relief under Subchapter V o
Chapter 11 of the U.S. Bankruptcy Code (Bankr. Case No. 26-40073)
on January 23, 2026. In its petition, the Debtor reports estimated
assets of $1 million-$10 million and estimated liabilities of $1
million-$10 million.
Honorable Chief Bankruptcy Judge Brian S. Kruse handles the case.
The Debtor is represented by Galen E. Stehlik, Esq., Stehlik Law
Firm PC LLO.
LEHMAN BROTHERS: U.S. Bank Wins Bid to Dismiss O'Hara Case
----------------------------------------------------------
Chief Judge Martin Glenn of the United States Bankruptcy Court for
the Southern District of New York granted the motion of U.S. Bank
National Association, as Trustee for the Lehman XS Trust 2006-12N,
seeking the dismissal of pro se plaintiff Edward O'Hara's first
amended complaint in the adversary proceeding captioned as EDWARD
O'HARA, Plaintiff, v. U.S. BANK NAT'L ASS'N, AS TRUSTEE FOR THE
LEHMAN XS TRUST 2006-12N, Defendant, Adv. Pro. No. 24-04034 (MG)
(Bankr. S.D.N.Y.). The motion is dismissed with prejudice under
Rule 12(b)(6) because the claims of fraud are time-barred.
On May 6, 2006, nonparty Francis O'Hara ("Francis") executed a
promissory note in the principal amount of $695,900 in favor of
MortgageIt, Inc., U.S. Bank's predecessor-in-interest. On that same
date, O'Hara and Francis executed a mortgage in favor of Mortgage
Electronic Registration Systems, Inc. as nominee for MortgageIt,
and pledged the property located at 1414 King Street, Greenwich,
Connecticut 06831 ("Connecticut Property") as security for the
loan. The note and mortgage were ultimately assigned to U.S. Bank.
O'Hara contends that this assignment was "fraudulent and invalid."
Francis and O'Hara failed to make payments on the mortgage. U.S.
Bank first filed suit ("First Foreclosure Action") against O'Hara
on or around October 11, 2011, in Connecticut Superior Court, and
O'Hara paid $137,657.64 in 2012 to settle the issue and temporarily
avoid foreclosure. O'Hara claims that this money was not sent by
U.S. Bank to the Trustee in the Lehman Brothers bankruptcy. U.S.
Bank commenced a second foreclosure action ("Second Foreclosure
Action") against O'Hara in the Connecticut Superior Court on
September 30, 2013. On December 14, 2015, the Connecticut Superior
Court granted U.S. Bank's motion for judgment of foreclosure and
sale.
The Foreclosure Judgment continues to stand, albeit updated in 2024
to accurately reflect the amount owed.
O'Hara filed his Complaint against U.S. Bank on October 31, 2024,
on the same day that the adversary proceeding commenced.
Counts 1 and 2 of the Amended Complaint are as follows:
1. Count 1: Damages from Intentional Material Misrepresentation
and Fraud Upon the Court Related to First Foreclosure Action
The Plaintiff claims that the Connecticut State court lacked
jurisdiction over the First Foreclosure Action, a fact that U.S.
Bank ignored when they moved forward with litigation as part of
"material misrepresentation and fraud upon the court." The
Plaintiff argues that one of Judge Peck's (unspecified) orders in
the main Lehman bankruptcy case gave this Court exclusive
jurisdiction over "all foreclosures of loans in Lehman Trust which
were part of the Lehman Bankruptcy."
2. Count 2: Damages from intentional material misrepresentation
and fraud upon the court related to Second Foreclosure Action
The Plaintiff makes the same arguments pertaining to the Second
Foreclosure Action. The Plaintiff states that in filing the Second
Foreclosure Action in Connecticut, U.S. Bank caused the Plaintiff
to defend this case with an expert securities law attorney, other
attorneys, third party research persons, and to incur excessive
mailing costs document production costs and travel expense in an
amount, all totaled, of approximately $80,000, in addition to
largely defending the case by himself for 13 years, causing
tremendous emotional distress.
The Plaintiff states a claim for $80,000 plus interest, over eleven
years as actual damages and for $5 million as total punitive
damages "for defending a case in a court without jurisdiction, and
all other damages."
Motion to Dismiss
U.S. Bank moves to dismiss the Complaint under FED. R. CIV. P.
12(b)(1) and 12(b)(6). U.S. Bank argues the following:
1. The Bankruptcy Court lacks subject matter jurisdiction, as
the Rooker-Feldman doctrine provides that federal courts cannot act
as courts of appeal from state court decisions.
2. The Bankruptcy Court lacks subject matter jurisdiction under
28 U.S.C. Sec. 1334(b).
3. O'Hara's claims fail as a matter of law because of res
judicata.
4. The claims are time-barred.
5. O'Hara fails to plead that U.S. Bank is a debt collector as
defined by the FDCPA.
The Bankruptcy Court finds U.S. Bank has shown that the Plaintiff's
Amended Complaint should be dismissed under Rule 12(b)(6) because
it is time-barred. The First Foreclosure Action was filed in
Connecticut Superior Court on October 11, 2011, and the Second
Foreclosure Action was filed on September 30, 2013. Judgement was
entered December 14, 2015. Almost nine years passed before the
Plaintiff commenced this adversary proceeding on October 31, 2024.
Even if the Bankruptcy Court were to accept that any
misrepresentations regarding the exclusive jurisdiction of this
Court were made to the Connecticut Superior Court (which remains
questionable), the Plaintiff's fraud claims could not have accrued
after the Judgement was entered. As such, the claims are
time-barred.
Additionally, the Plaintiff has not provided evidence of fraudulent
concealment to toll the statute of limitations. The Plaintiff did
not submit any evidence supporting the contention that the
defendant fraudulently concealed the bankruptcy proceedings or
Judge Peck's alleged order granting the Bankruptcy Court exclusive
jurisdiction over foreclosures.
A copy of the Court's Memorandum Opinion and Order dated
January 22, 2026, is available at https://urlcurt.com/u?l=3XbAuL
from PacerMonitor.com.
Attorneys for Defendant U.S. Bank, as Trustee for the
LXS 2006-12N:
Sherry Xia, Esq.
HINSHAW & CULBERTSON LLP
800 Third Avenue, 13th Floor
New York, NY 10022
About Lehman Brothers
Lehman Brothers Holdings Inc. -- http://www.lehman.com/-- was the
fourth largest investment bank in the United States. For more than
150 years, Lehman Brothers has been a leader in the global
financial markets by serving the financial needs of corporations,
governmental units, institutional clients and individuals
worldwide.
Lehman Brothers filed for Chapter 11 bankruptcy on Sept. 15, 2008
(Bankr. S.D.N.Y. Case No. 08-13555). Lehman's bankruptcy petition
disclosed US$639 billion in assets and US$613 billion in debts,
effectively making the firm's bankruptcy filing the largest in U.S.
history. Several other affiliates followed thereafter.
Affiliates Merit LLC, LB Somerset LLC and LB Preferred Somerset LLC
sought for bankruptcy protection in December 2009.
The Debtors' bankruptcy cases are handled by Judge James M. Peck.
Harvey R. Miller, Esq., Richard P. Krasnow, Esq., Lori R. Fife,
Esq., Shai Y. Waisman, Esq., and Jacqueline Marcus, Esq., at Weil
Gotshal & Manges, LLP, in New York, represent Lehman.
Dennis F. Dunne, Esq., Evan Fleck, Esq., and Dennis O'Donnell,
Esq., at Milbank, Tweed, Hadley & McCloy LLP, in New York, serve as
counsel to the Official Committee of Unsecured Creditors. Houlihan
Lokey Howard & Zukin Capital, Inc., is the Committee's investment
banker.
Epiq Bankruptcy Solutions serves as claims and noticing agent.
xxx
On Sept. 19, 2008, the Honorable Gerard E. Lynch of the U.S.
District Court for the Southern District of New York, entered an
order commencing liquidation of Lehman Brothers, Inc., pursuant to
the provisions of the Securities Investor Protection Act (Case No.
08-CIV-8119 (GEL)). James W. Giddens has been appointed as trustee
for the SIPA liquidation of the business of LBI.
The Bankruptcy Court approved Barclays Bank Plc's purchase of
Lehman Brothers' North American investment banking and capital
markets operations and supporting infrastructure for US$1.75
billion. Nomura Holdings Inc., the largest brokerage house in
Japan, purchased LBHI's operations in Europe for US$2 plus the
retention of most of employees. Nomura also bought Lehman's
operations in the Asia Pacific for US$225 million.
Lehman emerged from bankruptcy protection on March 6, 2012, more
than three years after it filed the largest bankruptcy in U.S.
history. Lehman mad its first payment to creditors under its $65
billion payout plan in April 2012.
LEV DIAGNOSTICS: Section 341(a) Meeting of Creditors on February 23
-------------------------------------------------------------------
On January 14, 2026, Lev Diagnostics Inc. filed for Chapter 11
protection in the U.S. Bankruptcy Court for the Northern District
of Illinois. According to court filings, the debtor reports between
$100,001 and $1 million in liabilities owed to 1–49 creditors.
A meeting of creditors under Section 341(a) to be held on February
23, 2026 at 01:00 PM at Appear by Teams. Meeting ID: 992 286 825
557; Passcode: Gd3DU7E5
About Lev Diagnostics Inc.
Lev Diagnostics Inc., a medical diagnostics company headquartered
in Illinois.
Lev Diagnostics, Inc. sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 26-00584) on
January 14, 2026, with up to $50,000 in assets and $100,001 to
$500,000 in liabilities.
John H. Redfield, Esq., at Crane, Simon, Clar & Goodman represents
the Debtor as legal counsel.
LINQTO INC: Creditors Say Chapter 11 Plan Docs Lack Vital Info
--------------------------------------------------------------
Vince Sullivan of Law360 Bankruptcy Authority reports that The lead
plaintiffs in a proposed class action against the former CEO of
startup investment platform Linqto Texas objected late Wednesday to
the company's proposed Chapter 11 plan, telling a Texas bankruptcy
court that the disclosure materials omit critical details. The
objectors said the plan fails to adequately explain what assets
will be available for distribution to general unsecured creditors.
According to the filing, the plaintiffs argue that without clearer
information about the debtor's assets and potential recoveries,
creditors cannot meaningfully evaluate the proposed restructuring.
They urged the court to require additional disclosures before
allowing the plan to move forward.
About Linqto Inc.
Linqto Inc. is a San Jose-based financial technology company
operating in the alternative investment space.
Linqto Inc. sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Texas Case No. 25-90187) on July 7, 2025. The
case is jointly administered with the Chapter 11 cases of Linqto
Texas, LLC, Linqto Liquidshares, LLC and Linqto Liquidshares
Manager, LLC under case number 25-90186. In its petition, Linqto
Inc. reported estimated assets and liabilities between $500 million
and $1 billion.
Judge Alfredo R. Perez oversees the cases.
The Debtors tapped Gabrielle A. Hamm, Esq. at Schwartz, PLLC as
legal counsel; Breakpoint Partners, LLC as restructuring advisor;
ThroughCo Communications, LLC as public relations agent; and Epiq
Corporate Restructuring, LLC as claims agent.
The U.S. Trustee for Region 7 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases. The
committee is represented by Orrick, Herrington & Sutcliffe, LLP.
Sandton Capital Solutions Master Fund VI, LP, as DIP Lender, is
represented by Kristen L. Perry, Esq., at Faegre Drinker Biddle &
Reath, LLP, in Dallas, Texas; Richard J. Bernard, Esq., at Faegre
Drinker Biddle & Reath, LLP, in New York; and Michael R. Stewart,
Esq., and Adam C. Ballinger, Esq., at Faegre Drinker Biddle &
Reath, LLP, in Minneapolis, Minnessota. Sandton may also be reached
through Robert Rice, Esq.
LUTHERAN HOME: Unsecureds Will Get 30% to 41% of Claims in Plan
---------------------------------------------------------------
Lutheran Home and Services for the Aged, Inc., and affiliates
submitted a Second Amended Disclosure Statement describing Second
Amended Joint Plan of Reorganization dated January 14, 2026.
The Debtors believe that the approval and implementation of the
Plan is in the best interests of the Debtors' Estates and all
interested parties.
Class 7A consists of General Unsecured Claims against the Obligated
Group Debtors. The allowed unsecured claims total $2,815,775. This
Class will receive a distribution of 30% to 41% of their allowed
claims. Class 7A is Impaired and entitled to vote on the Plan. This
Class consists of all General Unsecured Claims against Obligated
Group Debtors. Each Holder of a Class 7A claim shall receive its
Pro Rata share of the General Unsecured Trust Interests to be
distributed upon the terms and in accordance with the Unsecured
Creditor Trust Agreement.
Class 7B consists of General Unsecured Claims against the
Non-Obligated Group Debtors. The allowed unsecured claims total
$32,425. This Class will receive a distribution of 100% of their
allowed claims. Class 7B is Unimpaired and not entitled to vote on
the Plan. This Class consists of all General Unsecured Claims
against Non-Obligated Group Debtors. On the Effective Date (or as
soon thereafter as practicable), each Holder of a Class 7B claim
shall receive payment in Cash in the amount of its Allowed General
Unsecured Claim Against Non-Obligated Group Debtors.
The Debtors and the Reorganized Debtors, as applicable, shall fund
distributions under the Plan with Cash on hand, and such funds
released from the Entrance Fee Escrow pursuant to the Plan.
With respect to the Entrance Fee Escrow, and as more fully
described in Article 4.1(e)(ii), prior to and during these Chapter
11 Cases, new prospective Residents were permitted to pay an Option
Deposit into the Escrow Account pursuant to an Option Agreement.
The funds held by the Escrow Agent are not property of the Debtors
and each Resident that is a party to the Option Agreement (an
Option Agreement Party) has the opportunity to seek the return of
their funds prior to the occurrence of a Termination Event.
On the Effective Date, and contemporaneously with the execution of
the Series 2026 Bonds, LLCF shall enter into a liquidity support
agreement providing for, among other customary terms, a funded
liquidity support facility for the benefit of the Lutheran Life
Obligated Group in the amount of $2,000,000. LLCF will further
commit to invest additional resources, as deemed necessary by the
board of the LLCF, to support the growth initiatives of the
Obligated Group Debtors, including, without limitation, development
of cottages at certain of the Communities. For the avoidance of
doubt, none of the assets of the LLCF, including any and all
investment accounts, shall be collateral securing the Series 2026
Bonds.
Upon the Effective Date, the Unsecured Creditor Trust will be
formed, into which the Unsecured Creditor Trust Assets shall be
transferred. For the avoidance of doubt, any claims the Debtors may
have against Master Trustee, ONB, or any holder of the Series 2019
Bonds will be released and will not be included among the Retained
Causes of Action that are transferred to the Unsecured Creditor
Trust. For the further avoidance of doubt, as of the date hereof,
the Debtors are unaware of any such claims against the Master
Trustee, ONB, or any holders of the Series 2019 Bonds.
A full-text copy of the Second Amended Disclosure Statement dated
January 14, 2026 is available at https://urlcurt.com/u?l=SesdGN
from Stretto, claims agent.
Counsel to the Debtors:
Stephen D. Lerner, Esq.
SQUIRE PATTON BOGGS (US) LLP
201 E. Fourth St., Suite 1900
Cincinnati, OH 45202
Tel: (513) 361-1200
Fax: (513) 361-1201
E-mail: stephen.lerner@squirepb.com
- and -
Jeffrey R. Rothleder, Esq.
2550 M Street, NW
Washington, DC 20037
Tel: (202) 457-6000
Fax: (202) 457-6315
E-mail: jeffrey.rothleder@squirepb.com
- and -
Maura P. McIntyre, Esq.
1000 Key Tower
127 Public Square
Cleveland, OH 44114
Tel: (216) 479-8715
Fax: (216) 479-8780
E-mail: maura.mcintyre@squirepb.com
- and -
David A. Agay, Esq.
Marc Carmel, Esq.
Nicholas M. Miller, Esq.
Maria G. Carr, Esq.
Ashley Jericho, Esq.
MCDONALD HOPKINS LLC
300 North LaSalle Street, Suite 1400
Chicago, Illinois 60654
Tel: (312) 280-0111
E-mail: dagay@mcdonaldhopkins.com
mcarmel@mcdonaldhopkins.com
nmiller@mcdonaldhopkins.com
mcarr@mcdonaldhopkins.com
ajericho@mcdonaldhopkins.com
About Lutheran Home and
Services for the Aged
Lutheran Home and Services for the Aged, Inc., is a non-profit,
mission-driven community offering a range of services including
assisted living, memory care, skilled nursing, and short-term
rehabilitation, along with extensive outpatient rehabilitation
therapy.
Lutheran Home and its affiliates filed Chapter 11 petitions (Bankr.
N.D. Ill. Lead Case No. 25-01705). At the time of the filing,
Lutheran Home reported between $100 million and $500 million in
both assets and liabilities.
The Debtors tapped Squire Patton Boggs (US), LLP as bankruptcy
counsel; McDonald Hopkins, LLC as Illinois counsel; and one point
Partners, LLC, as financial advisor. Stretto is the claims,
noticing, solicitation, balloting, and tabulation agent.
MAIN STREET DELI: Seeks Chapter 7 Bankruptcy in Massachusetts
-------------------------------------------------------------
On January 14, 2026, Main Street Deli, LLC filed for Chapter 7
protection in the U.S. Bankruptcy Court for the District of
Massachusetts. According to court filings, the Debtor reports
between $100,001 and $1,000,000 in debt owed to 1–49 creditors.
About Main Street Deli, LLC
Main Street Deli, LLC operates a neighborhood delicatessen offering
prepared foods, sandwiches, and catering services.
Main Street Deli, LLC sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. Case No. 26-10086) on January 14, 2026. In
its petition, the Debtor reports estimated assets of $0–$100,000
and estimated liabilities of $100,001–$1,000,000.
Honorable Bankruptcy Judge Christopher J. Panos handles the case.
The Debtor is represented by Marques C. Lipton, Esq., of Lipton Law
Group.
MANAGEMENT MCOA: Seeks to Use $1.67MM in Cash Collateral
--------------------------------------------------------
369 Albuquerque Ops, LLC, an affiliate of Management MCOA, LLC,
asks the U.S. Bankruptcy Court for the Southern District of
Florida, West Palm Beach Division, for authority to use cash
collateral.
The company operates Princeton Health and Rehabilitation, a 369-bed
skilled nursing facility in Albuquerque, New Mexico, that provides
short-term rehabilitation, long-term nursing care, memory care, and
related services to approximately 360 patients.
369 Albuquerque Ops needs immediate access to cash collateral under
a court-approved budget to maintain operations and continuity of
care for hundreds of vulnerable patients. It requires access to
approximately $1.673 million in cash collateral to sustain its
operations pending a final hearing.
The lenders have consented to the Debtor's use of cash collateral
so long as they receive adequate protection.
369 Albuquerque Ops filed for Chapter 11 protection on January 6
while its affiliate, Management MCOA, filed its Chapter 11 petition
on December 23, 2025. Both continue to operate as
debtors-in-possession.
Pre-bankruptcy financing consists of a $44 million senior mortgage
loan from DMT ACG, LLC; a $4 million junior mortgage loan from
Greenline CDF XLV, LLC; and a revolving accounts receivable
facility of up to $5 million (with a $4.05 million balance as of
the petition date) from ONB DHF I, LLC, as assignee of DMT HCR I,
LLC.
The pre-bankruptcy lenders hold perfected liens on the facility's
real estate, leases and rents, and substantially all of 369
Albuquerque Ops' personal property, including accounts receivable,
equipment, inventory, and deposit accounts, with priorities
governed in part by an intercreditor agreement.
Because the Debtor's revenues are subject to these liens, the cash
it generates constitutes cash collateral that cannot be used
without lender consent or court authorization.
A copy of the motion is available at https://urlcurt.com/u?l=CaQc6P
from PacerMonitor.com.
About Management MCOA LLC
Management MCOA, LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 25-25184) on December 23, 2025. In
its petition, the Debtor listed between $50,001 and $100,000 in
both assets and liabilities.
Judge Erik P. Kimball handles the case.
The Debtor is represented by Jordi Guso, Esq., at Berger Singerman,
LLP.
MARINER'S GATE: Lender Seeks to Prohibit Cash Collateral Access
---------------------------------------------------------------
JPMorgan Chase Bank, N.A., as successor to First Republic Bank
through the FDIC, asks the U.S. Bankruptcy Court for the Southern
District of New York to prohibit Mariner's Gate, LLC from using
cash collateral.
Mariner's Gate filed for bankruptcy on December 16, 2025, one day
before a scheduled foreclosure sale on its Manhattan commercial
loft property at 548 West 28th Street, which was meant to enforce a
foreclosure judgment exceeding $40 million. The Debtor had not made
mortgage payments for over two years, and JPMorgan now asserts a
senior secured claim of more than $42.8 million, backed by a
first-priority mortgage and assignment of rents.
Despite having ample notice, the Debtor did not negotiate cash
collateral use before filing and failed to file a timely motion to
authorize such use but still used at least $80,000 of JPMorgan's
cash collateral post-petition without permission.
JPMorgan also alleges serious transparency failures, including
unapproved intercompany loans to affiliates, undisclosed
third-party bank accounts, failure to file a statement of financial
affairs, and a proposed budget that understates rental income,
inflates payroll and management fees, and does not properly provide
for real estate taxes.
JPMorgan argues that under the Bankruptcy Code the Debtor cannot
use cash collateral without consent or court order and must provide
adequate protection to prevent erosion of the bank's collateral
position.
A court hearing is set for February 5.
A copy of the motion is available at https://urlcurt.com/u?l=sQqBXx
from PacerMonitor.com.
About Mariner's Gate LLC
Mariner's Gate, LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. N.Y. Case No. 25-12819) on December
16, 2025, listing between $50 million and $100 million in both
assets and liabilities. James Y.A. Pastreich, president and
director, signed the petition.
Judge Philip Bentley oversees the case.
Kevin Nash, Esq., at Goldberg Weprin Finkel Goldstein LLP,
represents the Debtor as legal counsel.
JPMorgan Chase Bank, N.A., as lender, is represented by:
Theresa A. Foudy, Esq.
Justin Young, Esq.
Miranda K. Russell, Esq.
Morrison & Foerster, LLP
250 West 55th Street
New York, NY 10019
Telephone: (212) 468-8000
Facsimile: (212) 468-7900
tfoudy@mofo.com
justinyoung@mofo.com
mrussell@mofo.com
MAXIMUS SUPPLY: Court OKs Continued Access to Cash Collateral
-------------------------------------------------------------
Maximus Supply Chain Holdings, LLC and its affiliates received 11th
interim approval from the U.S. Bankruptcy Court for the Northern
District of Indiana, Hammond Division at Lafayette, to continue to
use cash collateral.
The 11th interim order authorized the Debtors to use cash
collateral for operating expenses in accordance with their budget,
subject to a 10% variance.
The Debtors' budget shows projected expenses of $45,463 for the
week ending January 30; $176,623 for the week ending February 6;
$45,463 for the week ending February 13; $39,115 for the week
ending February 20; $45,463 for the week ending February 27.
A status conference on further cash use is scheduled for February
10.
The Debtors' relationship with their primary lender negatively
impacted their liquidity. The lender cut off access to credit-line
advances and then took unlawful actions against the Debtors.
The Debtors estimate $10,217,941.46 in short-term debt and
$25,186,734.16 in long-term debt, with approximately $35,587,571.33
in secured and $6,402,648.39 in unsecured obligations.
About Maximus Supply Chain Holdings
Maximus Supply Chain Holdings, LLC develops innovative solutions
and products servicing a variety of industries including
automotive, commercial vehicle, agricultural equipment, RVs, and
power manufacturing industries.
Maximus and its affiliates filed their voluntary petitions for
Chapter 11 protection (Bankr. N.D. Ind. Lead Case No. 24-40167) on
June 25, 2024. At the time of the filing, Maximus reported up to
$50,000 in both assets and liabilities. Sam Bazzi, president and
chief executive officer of Maximus, signed the petitions.
Judge Robert E. Grant oversees the cases.
The Debtor is represented by:
Sarah L. Fowler, Esq.
Blackwell, Burke & Ramsey, P.C.
Tel: 317-533-7869
Email: sfowler@bbrlawpc.com
MBK HOLDINGS: Gets Interim OK to Use Cash Collateral
----------------------------------------------------
MBK Holdings, Inc. got the green light from the U.S. Bankruptcy
Court for the Northern District of Indiana, South Bend Division, to
use cash collateral to fund operations.
The court issued an interim order authorizing the Debtor to use
cash collateral through January 29 pursuant to its budget, with up
to a 15% variance.
Under the interim order, the Debtor is authorized to maintain
minimum cash collateral of $75,000; deposit all receipts into a
debtor-in-possession account; and provide weekly financial
reporting to Old National Bank, a senior secured creditor.
Old National Bank asserts a first-priority perfected security
interest in substantially all of the Debtor's assets, including
cash collateral, securing debt of $832,386.90.
As adequate protection, Old National Bank will receive payment of
$20,925.62 and replacement liens, with the same validity and
priority as its pre-bankruptcy liens.
A final hearing is set for January 29, with objections due by
January 28.
The interim order is available at https://is.gd/iLRyiS from
PacerMonitor.com.
MBK Holdings said it cannot pay essential post-petition expenses
such as taxes and insurance without access to cash collateral
The Debtor's bank accounts have been frozen because of litigation
with Harold and Carole Bailey, leaving it unable to access about
$163,030 in cash and $20,000 in inventory that qualify as cash
collateral under the Bankruptcy Code.
Old National Bank, as secured creditor, is represented by:
Meredith R. Theisen, Esq.
Rubin & Levin, P.C.
135 N. Pennsylvania St., Suite 1400
Indianapolis, IN 46204
Tel: (317) 860-2877
Fax: (317) 263-9410
mtheisen@rubin-levin.net
About MBK Holdings Inc.
MBK Holdings, Inc. filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. N.D. Ind. Case No. 25-31964) on
December 15, 2025, with $500,001 to $1 million in assets and
liabilities. Daniel Freeland serves as Subchapter V trustee.
Judge Paul E. Singleton presides over the case.
John R. Humphrey, Esq. represents the Debtor as legal counsel.
MEHRI AKHLAGHPOUR: Can Continue Malpractice Suit v. Ex-Counsel
--------------------------------------------------------------
In the appeal styled MEHRI AKHLAGHPOUR, Appellant v. GIOVANNI
ORANTES; LUIS SOLORZANO; ORANTES LAW FIRM, Appellees, No. 24-2625
(9th Cir.), Judges Scott H. Rash, Kim McLane Wardlaw and Anthony D.
Johnstone of the United States Court of Appeals for the Ninth
Circuit:
(1) reversed the Bankruptcy Appellate Panel's decision reversing
the bankruptcy court's order granting a debtor's motion for leave
to continue prosecuting an ongoing state court legal malpractice
suit against her former bankruptcy counsel;
(2) vacated the bankruptcy court's order in part; and
(3) remanded with instructions to the bankruptcy court.
This appeal arose following Debtor Mehri Akhlaghpour's success in
obtaining leave of the bankruptcy court to continue, rather than
begin, an ongoing legal malpractice suit in state court against her
former bankruptcy attorney, Giovanni Orantes, and his firm
(collectively, "Orantes" or "Appellees").
On October 11, 2017, Akhlaghpour filed a voluntary Chapter 11
petition through Orantes as her counsel. The bankruptcy court
approved Orantes as counsel for the estate effective as of the
petition's filing.
Due to suspicions regarding the timing of liens recorded
against Akhlaghpour's properties, on February 4, 2018, the
bankruptcy court appointed a trustee who immediately
sought to liquidate Akhlaghpour's properties. Two months
later, after some properties had been sold by the trustee,
Orantes moved to dismiss the petition. The bankruptcy court
denied the motion on May 15, 2018, in part due to the
expense already incurred to liquidate the properties.
On December 27, 2019, Akhlaghpour sued Orantes in
the Los Angeles County Superior Court ("superior court")
for legal malpractice related to her bankruptcy. She later
filed a First Amended Complaint. Orantes moved to dismiss
the complaint on three grounds: the Barton doctrine, res
judicata based on approval of the fee application, and
Akhlaghpour's lack of standing because the claims belonged
to the bankruptcy estate. The superior court granted the
motion without leave to amend and dismissed the action
"solely based upon the Barton doctrine." The California Court of
Appeal for the Second District of California reversed in part and
affirmed in part.
On February 2, 2023, the bankruptcy court reopened
Akhlaghpour's case upon her motion. Soon thereafter, she
filed a motion under Barton seeking authorization "to
continue her prosecution of the pending" superior court
action.
During the hearing, the bankruptcy court heard from the
parties and found there was a prima facie case sufficient to
support its Barton approval. Accordingly, the bankruptcy
court granted in part and denied in part the Barton motion,
consistent with its tentative ruling on the appropriate
timeframes. Orantes appealed to the Bankruptcy Appellate
Panel ("BAP").
In a split decision, the BAP vacated the bankruptcy
court's order and remanded with instructions for the
bankruptcy court to dismiss the Barton motion for lack of
jurisdiction. The BAP majority concluded "the bankruptcy
court authorized the continued litigation of claims that had
previously been dismissed." Specifically, the majority
reasoned the bankruptcy court's order violated the RookerFeldman
doctrine because it "reversed, modified, or at
least, ignored" the Court of Appeal and superior court
rulings. The BAP dissent concluded that granting leave under
Barton can never violate the Rooker-Feldman doctrine.
After the BAP denied Akhlaghpour's motion for
rehearing, Akhlaghpour timely appealed to this Court.
Under the Barton doctrine, a person who sues a lawyer appointed by
the bankruptcy court for acts done in the lawyer's official
capacity in a forum other than bankruptcy court must seek leave of
the bankruptcy court to do so. Under the Rooker-Feldman doctrine,
federal district courts generally lack jurisdiction over cases
brought by state-court losers complaining of injuries caused by
state-court judgments rendered before the district court
proceedings commenced and inviting district court review and
rejection of those judgments. The panel held that a bankruptcy
court's order granting leave to sue under the Barton doctrine does
not amount to a modification of state court decisions arising from
an improperly filed state court action. Accordingly, the
Rooker-Feldman doctrine did not bar the debtor's Barton motion.
The panel held that although the bankruptcy court did not abuse its
discretion in granting leave pursuant to Barton, it did abuse its
discretion to the extent that its approval was inconsistent with a
decision of the California Court of Appeal. The panel held that if
claims subject to Barton are asserted in another forum without
prior approval, and the bankruptcy court later grants leave to
proceed on those claims after the other forum has already issued a
decision, then the bankruptcy court's order should be narrowly
tailored to the jurisdictional issue and avoid implying that its
approval grants any other relief. The bankruptcy court also abused
its discretion by granting Barton approval for
post-trustee-appointment claims not subject to the doctrine. The
panel remanded to the bankruptcy court with instructions to enter
an order granting Barton approval to file claims in state court
that are consistent with the California Court of Appeal's
decision.
A copy of the Court's Opinion dated January 20, 2026, is available
at https://urlcurt.com/u?l=xw5hxf
Counsel for Appellant:
Farrah A. Mirabel, Esq.
LAW OFFICE OF FARRAH MIRABEL
1070 Stradella Rd
Los Angeles, CA 90077-2608
Phone: 714-972-0707
Fax: 949-417-1796
E-mail: fmesq@fmirabel.com
Counsel for Appellees:
Corinne C. Bertsche, Esq.
LEWIS BRISBOIS BISGAARD & SMITH LLP
550 W C St, Ste 1700
San Diego, CA 92101-3568
Phone: 619-233-1006
E-mail: corinne.bertsche@lewisbrisbois.com
- and -
David Samani, Esq.
LEWIS BRISBOIS BISGAARD & SMITH LLP
633 W 5th St Ste 4000
Los Angeles, CA 90071-2074
Phone: 213-250-1800
Fax: 213-250-7900
E-mail: david.samani@lewisbrisbois.com
About Mehri Akhlaghpour
Mehri Akhlaghpour filed a Chapter 11 Petition (Bankr. C.D. Cal.
Case No. 17-12739) on Oct. 11, 2017, and was represented by
Giovanni Orantes, Esq.
The Debtor asserts an interest in six real properties:
* A single family residence located at 4450 Winnetka Ave.,
Woodland Hills, CA 91364;
* A condominium located at 26943 Hillsborough Parkway, #27,
Valencia, CA 91354;
* A condominium located at 5454 Zelzah Avenue, #302, Encino, CA
91316;
* A single family residence located at 16320 Gledhill Street,
North Hills, CA 91343;
* A single family residence located at 17315 Cagney Street,
Granada Hills, CA 91344; and
* A condominium located at 8338 Woodley Pl. #28, North Hills, CA
91343.
On Dec. 29, 2017, the Office of the United States Trustee filed a
motion to appoint a Chapter 11 Trustee. The Motion was granted.
On Jan. 25, 2018, Nancy J. Zamora was appointed as the Debtor's
Chapter 11 Trustee. The Trustee tapped Levene, Neale, Bender, Yoo
& Brill L.L.P. as counsel; and Rodeo Realty, Inc., as real estate
broker.
NBA PROPERTIES: To Sell Pasadena Property to G. Green & Beverly Lu
------------------------------------------------------------------
NBA Properties LLC seeks permission from the U.S. Bankruptcy Court
for the Central District of California, Los Angeles Division, to
sell Property, free and clear of liens, claims, interests, and
encumbrances.
The Debtor's Property is commonly known as 3880 Shadow Grove Rd.,
Pasadena, CA 91107.
The property to be sold consists of all of the estate's right,
title and interest in the Property.
The Debtor wants to sell the Property to Gabriel Green & Beverly Lu
for the purchase price of $2,215,000.00.
Debtor intends to sell the Property to the Buyer free and clear of
all liens and claims, with those liens removed from the Property
and the allowed amounts of certain liens in favor of the Pacific
RBLF Funding Trust (Deed of Trust) and MLB Trust (Second Deed of
Trust) to be paid directly from escrow.
Sufficient equity in other assets of the Debtor will be available
to cover any possible capital gains taxes resulting from the sale.
The Debtor seeks a Court ruling that the party to whom the Court
confirms the sale is a good faith purchaser.
About NBA Properties Inc.
NBA Properties Inc. owns three assets in California -- Pasadena,
Sierra Madre, and Victorville -- including 9.7 acres of vacant land
subdivided into 37 lots. The portfolio is collectively valued at
$7.25 million.
NBA Properties Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 25-14395) on May 27,
2025. In its petition, the Debtor reports total assets of
$7,283,500 and total liabilities of $6,762,891.
Honorable Bankruptcy Judge Sheri Bluebond handles the case.
The Debtors are represented by Thomas B. Ure, Esq. at URE LAW FIRM.
NEXT DAY: Seeks Chapter 11 Bankruptcy in Texas
----------------------------------------------
On January 23, 2026, Next Day Custom Tees, LLC, filed for Chapter
11 protection in the Western District of Texas. According to court
filings, the Debtor reports between $100,001 and $1,000,000 in debt
owed to an undisclosed number of creditors.
About Next Day Custom Tees, LLC
Next Day Custom Tees, LLC is a Texas-based apparel company
specializing in custom t-shirt printing and personalized
merchandise, serving individual and corporate clients.
Next Day Custom Tees, LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. Case No. 26-50161) on January 23,
2026. In its petition, the Debtor reports estimated assets of
$100,001-$1,000,000 and estimated liabilities of
$100,001-$1,000,000.
Honorable Bankruptcy Judge Craig A. Gargotta handles the case.
The Debtor is represented by Frances A. Smith, Esq., Offit Kurman.
NORCOLD LLC: U.S. Trustee Challenges Chapter 11 Insider Deal
------------------------------------------------------------
Ben Zigterman of Law360 Bankruptcy Authority reports that the
federal bankruptcy watchdogs objected to Norcold LLC's proposed
insider asset sale, asserting that the debtor has not shown the
transaction was negotiated in good faith. The U.S. Trustee's Office
said the company failed to establish that the deal was subject to
adequate safeguards or competitive bidding.
The trustee added that insider transactions require heightened
scrutiny and clear evidence of fairness, which Norcold has not
provided. The objection asks the court to reject the sale or
require additional disclosures and protections before any approval
is granted.
About Norcold LLC
Norcold LLC is a recreational vehicle refrigerator manufacturer.
Norcold LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 25-11933) on November 3, 2025. In its
petition, the Debtor reports more than $300 million.
Honorable Bankruptcy Judge Thomas M. Horan handles the case.
The Debtor is represented by Sean Matthew Beach, Esq., Simcha
Trager, Esq.,
Matthew Barry Lunn, Esq., Roger Sharp, Esq., Rodney Square, Esq.,
and Jared W Kochenash, Esq. of Young Conaway.
OM SAI MED: Gets Interim OK to Use Cash Collateral
--------------------------------------------------
Om Sai Med Center, LLC received interim approval from the U.S.
Bankruptcy Court for the Southern District of Texas, Houston
Division, to use cash collateral to fund operations.
The Court authorized the Debtor to use cash collateral from January
20 for a period of 90 days to pay the expenses set forth in its
monthly budget, plus 10% per line item.
As adequate protection for any diminution in value of its
interests, Fairview Advantage
Fund I, LP will be granted replacement liens and security interests
co-extensive with its pre-bankruptcy liens.
The final hearing is set for April 20. Objections are due by April
6.
The interim order is available at https://is.gd/kejhw7 from
PacerMonitor.com.
Om Sai Med Center filed for bankruptcy on November 3, 2025, and
although it initially had no active operations, it resumed business
in early January and is now operating as a debtor in possession.
The Debtor owns and operates the Rodeway Inn & Suites located at
6712 Morningside Drive in Houston, Texas, and requires immediate
access to cash collateral to fund ongoing operations, as it has no
outside financing available.
The secured lender, Fairview, which claims liens on the Debtor's
real and personal property including room rents, has consented to
the use of its cash collateral.
Fairview, as secured lender, is represented by:
Jacob M. Stephens, Esq.
Irelan Stephens, PLLC
2520 Caroline Street, 2nd Floor
Houston, TX 77004
Phone: (713) 222-7666
Fax: (713) 222-7669
jstephens@irelanlaw.com
About OM Sai Med Center LLC
Om Sai Med Center, LLC, owned by Leena Patel, operates a hotel
under the name Fairbridge Inn & Suites at 6712 Morningside Dr.,
Houston, Texas, providing lodging services in the hospitality
industry.
Om Sai Med Center sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. S.D. Texas Case No. 25-36622) on
November 3, 2025. In its petition, the Debtor reported between $1
million and $10 million in assets and liabilities.
Honorable Bankruptcy Judge Eduardo V. Rodriguez handles the case.
The Debtor is represented by Joyce W. Lindauer, Esq., at Joyce W.
Lindauer Attorney, PLLC.
OSMOSE UTILITIES: S&P Alters Outlook to Negative, Affirms 'B-' ICR
------------------------------------------------------------------
S&P Global Ratings revised its outlook on U.S.-based Osmose
Utilities Services Inc. to negative from stable and affirmed all
its ratings on the company, including the 'B-' issuer credit
rating.
The negative outlook reflects the potential that S&P could
downgrade Osmose in the next 12 months if its operating performance
fails to improve, causing it to generate escalating free cash flow
deficits that drain its liquidity.
Osmose's margin contracted throughout 2025 due to volume pressure
in its Wood segment stemming from the loss of a customer and
reduced work with its largest customer, which weakened its EBITDA
generation. The company's weaker earnings profile has pressured
cash flows and increased its leverage, which S&P expects will reach
the high-8x area by year-end 2025.
S&P said, "While we currently forecast Osmose will improve its
leverage and free cash flow generation in 2026, we estimate
leverage will remain above 7.5x and we note there are significant
risks to our base-case that could lead to lower-than-anticipated
deleveraging and cash generation."
Osmose's leverage continues to climb following its weak volumes and
compressed margins in 2025. The company experienced
slower-than-expected growth in its largest segment, Wood (which is
now trending below 50% of revenue), in 2025. The two main drivers
were Osmose's lower work volumes with its largest customer due to a
shift to second-cycle inspections and a customer loss in the first
quarter of 2025. The decline was offset by growth in its smaller
segments. S&P said, "As such, we project the company will increase
its revenue by the 7.0%-8.0% range in 2025, with a quarter of this
improvement stemming from the contributions from its recent
acquisition of Centillion. Given that Osmose's margin profile is
partially dependent on its volumes due to its fixed field
management costs, its margins contracted throughout the year,
leading to year-to-date S&P Global Ratings-adjusted EBTIDA margins
of 17.8% for the third quarter of 2025. We expect the company's
margins will benefit from some volume improvement in the fourth
quarter. As such, we expect Osmose's full-year margins will be in
the low-19% area. This correlates with S&P Global Ratings-adjusted
debt to EBITDA in the high-8x range as of year-end 2025, which is
up significantly from 7.8x as of the end of 2024."
The company has also faced higher-than-historical levels of working
capital outflows, mainly related to the timing of its collections,
as well as higher capital expenditure (capex) for investments in
its IT software and tools. This leads us to expect Osmose will
generate breakeven to modestly negative free operating cash flow
(FOCF) for full year 2025. Therefore, S&P forecasts the company's
S&P Global Ratings-adjusted FOCF to debt will be in the negative
1.0% to 0.0% range in 2025. Osmose's elevated leverage and weak
cash generation increase the risks to its financial stability.
S&P said, "We expect Osmose will improve its credit metrics in
2026, though risks to our forecast remain. In 2026, we expect the
company will increase its revenue by the 14%-16% range, mainly due
to a full year of revenue contributions from its recent acquisition
of Centillion. Osmose acquired the engineering and design house for
fiber deployment in October 2025, and we expect the contributions
from the acquisition will account for approximately two-thirds of
the projected improvement in its revenue in 2026. We anticipate the
remaining increase will stem from organic growth, primarily due to
increased volumes in its non-Wood, higher gross margin
segments--including Steel, Technical Services, and
Underground--supported by our expectation for relatively stable
volumes in its Wood segment.
"We anticipate Osmose will expand its S&P Global Ratings-adjusted
EBTIDA margins to the mid-19% area in 2026, mainly due to the
inclusion of Centillion, which carries higher margins than the
legacy business, along with incremental benefits from the improved
volumes across some of its higher-margin segments. As such, we
expect the company will improve its leverage to the high-7x area by
the end of 2026.
"Given our expectation for improved earnings and working capital
usage, which will be partially offset by Osmose's continued
elevated capex related to continued investments in technology
enhancements, we expect it will generate breakeven to modestly
positive FOCF in 2026. Therefore, we estimate the company's S&P
Global Ratings-adjusted FOCF to debt will be in the 0%-2% range.
"Despite our expectation for an improvement in its credit metrics
in 2026, we note continued risks that the company's credit metrics
could deteriorate beyond our base case. Specifically, Osmose
revenue is highly dependent on its customer's capex spend, which
could not only be slowed but also diverted toward other capital
projects, which Osmose has experienced in recent years. In
addition, the company's fixed costs in its cost structure heightens
the risk for margin pressure during periods of slowed activity. If
the company doesn't expand its volumes as expected, its leverage
could further deteriorate above the 8x area. We estimate this would
be commensurate with negative FOCF generation, and a deterioration
in the company's liquidity position. Lastly, we note the
integration of the Centillion acquisition also poses additional
risks to the base case."
Osmose currently has sufficient liquidity, though its upcoming
maturities could weaken its financial stability. As of Sept. 30,
2025, the company's total liquidity included approximately $25
million of cash, $23 million of availability under its working
capital facility, and $55 million of availability under its
revolving credit facility. S&P said, "While we believe this will
provide Osmose with adequate liquidity over the next year, we note
its revolver matures in June 2027. If the company is unable to
refinance or extend its revolver prior to June 2026, its liquidity
would potentially strain and render it insufficient to cover its
large intra-year working capital swings."
S&P said, "Additionally, we note that the company's refinancing
risk is also heightened by the upcoming 2028 maturity of its term
loan. If Osmose is unable to refinance the term loan in a timely
manner prior to its maturity, this could further pressure our
rating.
"The negative outlook reflects the potential that we could
downgrade Osmose in the next 12 months if its operating performance
fails to improve, causing it to generate escalating free cash flow
deficits that drain its liquidity.
"We could lower our ratings on Osmose if its EBITDA margins weaken
further or its revenue remains stagnant or declines such that it
generates sustained and increasing free cash flow deficits that
drain its liquidity and lead us to view its financial commitments
as unsustainable." This could occur if the company's revenue mix
continues to shift away from its higher-margin segment or it is
unable to successfully integrate Centillion.
Additionally, if Osmose is unable to successfully extend or
refinance its revolving credit facility due June 2027 in a timely
manner, this could further pressure its liquidity profile and
prompt a downgrade.
S&P said, "We could revise our outlook on Osmose to stable if its
operating performance rebounds and supports sustained positive free
cash flow in conjunction with an improving leverage profile to
below 7.5x, on a sustained basis. Additionally, we would expect the
company to address its pending liquidity issues through the
refinancing or extension of its revolving credit facility."
PENN BIDCO: Moody's Assigns 'B2' CFR & First Lien Term Loan 'B2'
----------------------------------------------------------------
Moody's Ratings assigned a B2 corporate family rating and B2-PD
probability of default rating to Penn Bidco, Inc. Moody's also
assigned a B2 rating to Penn Bidco, Inc.'s $625 million 7-year
backed senior secured first lien term loan, $100 million backed
senior secured first lien delayed draw term loan, and $100 million
6-year backed senior secured first lien revolving credit facility.
Coborrowers include Takeoff Buyer, Inc., Martinic Bidco Inc.,
Allfast Bidco Inc, Monogram Bidco Inc., RSA/Weldmac Bidco Inc., PMI
(US) Bidco, Inc., and AME Bidco, Inc., which along with Penn Bidco,
Inc. are collectively referred to as "PennAero". The outlook is
stable.
Proceeds from the senior secured term loan, along with new equity,
will be used to fund the acquisition of TriMas Corporation's (Ba2
Under Review for Downgrade) Aerospace business for approximately
$1.5 billion. The delayed draw term loan has a 2-year utilization
window and will be utilized for future acquisitions. The revolver
is expected to be undrawn at close.
The assignment of the B2 CFR reflects high initial financial
leverage of around 5.5x debt-to-EBITDA on a Moody's adjusted basis,
inclusive of synergies, along with modest scale relative to peers,
and concentrated ownership. This is balanced by PennAero's
relatively high EBITDA margin, moderate backlog providing near-term
revenue visibility, leading market position in various engineered
aerospace components, long-term customer relationships, and good
liquidity.
RATINGS RATIONALE
The B2 CFR is constrained by high initial leverage with adjusted
debt-to-EBITDA of around 5.5x following the close of PennAero's
acquisition of the Aerospace business from TriMas Corporation,
concentrated private ownership, and modest scale relative to other
rated issuers in the aerospace and defense sector. The company
benefits from its strong market position in C-class engineered
components to the aerospace industry, including various rivets,
bolts, and fasteners. PennAero's products are manufactured and sold
globally to both original equipment manufacturers and Tier 1
customers, with which it has long standing relationships and
long-term agreements. Its moderate backlog and the underlying macro
tailwinds in the aerospace and defense industries support a degree
of revenue stability, mitigating some end market volatility.
Moody's expects debt-to-EBITDA to decline to around 4.5x over the
next 12-18 months, driven primarily by earnings growth supported by
tailwinds in the aerospace industry, increased share of customer
wallet, and modest cost saving opportunities. Good liquidity is
supported by Moody's expectations of around $55 million of
cumulative free cash flow generation over the next two years,
ramping throughout the period.
The stable outlook reflects Moody's expectations of strong double
digit revenue growth and positive, growing free cash flow over the
next 12-18 months. Moody's expects debt-to-EBITDA to decline to
around 4.5x over the next 12-18 months driven primarily by earnings
growth.
Private equity ownership is a governance concern, mainly because of
the propensity to sustain higher financial leverage and the ongoing
risk of debt-funded shareholder returns delaying deleveraging over
time.
Moody's expects the company to maintain good liquidity over the
next 12-18 months. Liquidity is supported by a $100 million
revolving credit facility that is expected to be undrawn at close.
Moody's expects potential draws under the revolver to be modest
over the next 12-18 months and used primarily for working capital
purposes. Cash on hand is estimated to be approximately $12 million
upon transaction close. Moody's projects the company to generate
positive cumulative free cash flow of around $55 million over the
next two years, ramping throughout the period.
The company's Credit Impact Score is CIS-4, which indicates that
the ratings are lower than they would have been if ESG risk
exposure did not exist. PennAero has high governance risk arising
from its private equity ownership structure and potential for large
capital outflows. The company faces moderate environmental and
social risks, in-line with the overall manufacturing sector.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be downgraded if liquidity materially weakens,
leverage increases such that debt-to-EBITDA is sustained above
6.0x, or free cash flow is negative. Ratings could also be
downgraded if the company executes on large, debt-funded
acquisitions or dividends.
The ratings could be upgraded if the company materially increases
in scale, debt-to-EBITDA is sustained below 5.0x, or consistently
generates strong free cash flow. Ratings could also be upgraded if
the company demonstrates conservative financial policy.
Marketing terms for the new credit facilities (final terms may
differ materially) include the following: Incremental term pari
passu debt capacity up to the greater of $115.9 million or 100% of
LTM EBITDA, plus unused amounts reallocated from the General Debt
Basket (which is equal to the greater of $57.95 million and 50% of
LTM EBITDA and may include reallocated amounts from the General
Restricted Payments Basket (which may include reallocations from
the General Investments Basket) and General Restricted Debt
Payments Basket), plus additional amounts subject to the greater of
5.75x First Lien Net Leverage Ratio and leverage neutral
incurrence. There is no inside maturity sublimit. The credit
agreement is expected to include "J. Crew", "Envision" and "Chewy "
provisions. The credit agreement is expected to provide some
limitations on up-tiering transactions, requiring affected lender
consent for amendments that subordinate the debt or liens. Unused
amounts from the builder basket, the General Restricted Payments
Basket (including the General Investments Basket) and the General
Restricted Debt Payments Basket can be reallocated to incur debt.
Carve out growth components include a highwater mark feature.
PennAero is a manufacturer of highly engineered structural
fasteners, gears, latches and manifolds for the aerospace industry.
It also manufactures high-performance components for the
semiconductor equipment market. The company is owned by private
equity firms Tinicum and Blackstone. Pro forma revenue for the
twelve months ended September 30, 2025 was roughly $475 million.
The principal methodology used in these ratings was Aerospace and
Defense published in July 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.
PETCO HEALTH: Moody's Rates New Sr. Secured First Lien Notes 'B3'
-----------------------------------------------------------------
Moody's Ratings assigned a B3 rating to Petco Health and Wellness
Company, Inc.'s ("Petco") proposed new senior secured first lien
notes. All other ratings remains unchanged including the company's
B3 Corporate Family Rating, B3-PD probability of default rating and
B3 senior secured first lien bank credit facilities ratings.
Petco's speculative grade liquidity rating (SGL) remains at SGL-1.
The outlook is stable.
Proceeds from this proposed notes transaction along with the
recently launched $850 million senior secured first lien term loan
B and balance sheet cash will be used to repay the approximately
$1,545 million outstanding on the company's existing senior secured
first lien bank credit facility due 2028 and pay fees and expenses.
Moody's expect to withdraw ratings on Petco's existing senior
secured first lien bank credit facility due 2028 upon its full
repayment.
RATINGS RATIONALE
Petco's B3 CFR reflects its weakened credit metrics caused by an
abatement of the pandemic related pet adoption boom and a further
slowing of demand. Consumers have been cutting back on
discretionary pet supplies purchases and shifting to value
assortments for the more essential consumables in response to a
strained wallet. These trends were exacerbated by Petco's
operational missteps on product assortment, customer experience and
promotions. The CFR also reflects governance considerations,
particularly Petco's majority private equity ownership which can
result in financial strategies that favor shareholders over
creditors. Its profile is supported by Petco's large scale and its
position as the third largest pet focused retailer in the United
States in a relatively fragmented industry. Moody's projects
performance improvement over the next 12-18 months as management
executes on its turnaround plans with debt/EBITDA to moderate to
below 4.0x and EBITA/Interest in excess of 1.0x. Moody's also
expects the company to have very good liquidity through positive
free cash flow, ample cash balances and full availability on its
ABL.
The stable outlook reflects Moody's expectations of improving
credit metrics, ample positive free cash flow and very good
liquidity over the next 12-18 months.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
Petco's rating could be upgraded if the company's operating
performance improves, while maintaining very good liquidity
supported by positive free cash flow, and continued commitment to
conservative financial policies. Quantitatively, rating could be
upgraded if the company maintains lease-adjusted debt/EBITDA below
5.75x and EBITA/interest expense over 1.5x.
Petco's rating could be downgraded if operating trends and credit
metrics do not recover as expected, financial policies become more
aggressive, or if liquidity erodes. Specifically, rating could be
downgraded if operating margins deteriorate, free cash flow becomes
negative or if EBITA/interest expense is sustained below 1.0x.
Petco Health and Wellness Company, Inc. is a national specialty
retailer of premium and value pet consumables, supplies and
companion animals and services with over 1,500 retail locations
across the US, Mexico and Puerto Rico. Revenue was about $6.0
billion for the LTM period ending November 01, 2025. The company
remains majority owned by CVC Capital Partners and Canada Pension
Plan Investment Board following its January 2021 IPO.
The principal methodology used in this rating was Retail and
Apparel published in September 2025.
PLUTO ACQUISITION: Moody's Affirms Caa2 CFR & Cuts Term Loan to Ca
------------------------------------------------------------------
Moody's Ratings affirmed Pluto Acquisition I, Inc.'s ("Pluto
Acquisition" d/b/a "AccentCare") Caa2 Corporate Family Rating,
Caa2-PD Probability of Default Rating, B2 ratings of the senior
secured revolving credit facility and term loan both due in June
2028 (first-out super priority Tranche A), and Caa2 rating of the
senior secured term loan due September 2028 (second-out super
priority Tranche B). At the same time, Moody's downgraded the
rating of the senior secured term loan due December 2028 (third-out
super priority Tranche C) to Ca from Caa3, and the senior secured
term loan due March 2029 (fourth-out super priority Tranche D) to C
from Ca. The outlook is stable.
The affirmation of Pluto Acquisition's CFR and PDR reflects Moody's
views that the business performance will continue to remain
challenged over the next few quarters and deleveraging/cash flow
improvement will only be gradual. The rating affirmation of senior
tranches (first-out super priority Tranche A and second-out super
priority Tranche B) reflects Moody's views that the expected
recoveries for these tranches remain unchanged from Moody's
previous evaluations.
The rating downgrade of the two most junior tranches (third-out
super priority Tranche C and fourth-out super priority Tranche D)
reflects lower recoveries compared to Moody's previous evaluations,
given the increase in outstanding amounts of these two tranches
over time as a result of pay-in-kind (PIK) interest payments.
RATINGS RATIONALE
Pluto Acquisition's Caa2 Corporate Family Rating reflects its very
high financial leverage, negative free cash flow, and moderate
geographic diversification. Moody's expects the company's
debt/EBITDA to remain above 10 times in the next 12 to 18 months.
The rating is also constrained by the company's high reliance on
Medicare and Medicaid reimbursement and ongoing industrywide
clinical labor shortage resulting in elevated wages, which
continues to pressure the company's margins.
Pluto Acquisition's rating is supported by growing demand for
health services in the home setting, a strong competitive presence
in Texas and its low capital expenditure requirements, which
provides substantial cost advantages compared to facility-based
care.
Moody's views Pluto Acquisition's liquidity as weak. The company
has not generated much free cash flow historically and Moody's
expects negative free cash flow in the next 12 months. The company
had $12 million in cash at the end of September 30, 2025. While the
interest expense on the company's debt remains high, the company
maintains flexibility to pay a portion of interest in-kind (PIK) on
its fourth-out super priority Tranche D sponsor note. The company
does not have meaningful capital expenditure requirements operating
in the home health industry. Pluto Acquisition also maintains
access to its $225 million asset-based lending (ABL) facility
(unrated), which had $123 million available at the end of September
2025. The ABL facility expires in June 2028 and may occasionally be
restricted by certain borrowing base limitations. The company also
has access to a $40 million revolving credit facility that expires
in June 2028, although the borrowing amount on the revolver may be
restricted by a springing covenant.
The B2 ratings on Pluto Acquisition's $40 million revolving credit
facility and $178.5 million senior secured term loan due June 2028
reflect their first-priority position in the debt capital
structure. The $850.6 million senior secured term loan due
September 2028 (rated Caa2), $282 million senior secured term loan
due December 2028 (rated Ca), and the $42.5 million senior secured
senior secured term loan due March 2029 (rated C) have second,
third, and fourth priority respectively in the company's capital
structure, and their comparatively lower ratings reflect the weak
expected recovery in a default scenario.
The stable outlook reflects Moody's views that Pluto Acquisition's
financial leverage will remain very high over the next 12 to 18
months with modest improvements.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if Pluto Acquisition demonstrates a
continued improvement in earnings quality evidenced by significant
decrease in add-backs to EBITDA and a path toward positive free
cash flow generation. The ratings could also be upgraded if the
company materially reduces leverage to a more sustainable level. A
material improvement in liquidity and Moody's recovery expectations
could also lead to an upgrade.
The ratings could be downgraded if Pluto Acquisition experiences
further material operating disruptions or margin degradation.
Negative developments in Medicare or Medicaid reimbursement could
result in a ratings downgrade. Substantial weakening of liquidity,
including further significant utilization of the ABL facility or
sustained negative free cash flow, could also result in a ratings
downgrade. Lastly, a rising likelihood of default and/or reduced
recovery expectations could also lead to a ratings downgrade.
Pluto Acquisition I, Inc., headquartered in Dallas TX, is a
for-profit home healthcare provider in the US The company offers
home health, hospice and personal care services ("PCS"). Revenue
was $1.7 billion for the twelve months ended September 30, 2025.
The company is owned by private equity firm Advent International.
The principal methodology used in these ratings was Business and
Consumer Services published in November 2021.
Pluto Acquisition's Caa2 CFR is two notches below the B3
scorecard-indicated outcome reflecting ongoing risks associated
with the sustainability of the capital structure, earnings quality,
and negative free cash flow.
PRECISION TRADES: Case Summary & 15 Unsecured Creditors
-------------------------------------------------------
Debtor: Precision Trades & Service LLC
993 Heritage Drive
Gettysburg, PA 17325
Business Description: Precision Trades & Services provides
residential and commercial renovation and improvement services,
including roofing, siding, gutters, interior remodels, flooring and
tile installation, decks, pergolas, windows, doors, and custom
additions. The Company operates as a general contractor in
Pennsylvania, Maryland, and West Virginia, serving multiple
counties in each state.
Chapter 11 Petition Date: January 22, 2026
Court: United States Bankruptcy Court
Middle District of Pennsylvania
Case No.: 26-00174
Debtor's Counsel: Lawrence V. Young, Esq.
CGA LAW FIRM
135 North George Street
York, PA 17401-1132
Tel: 717-848-4900
Fax: 717-843-9039
Email: lyoung@cgalaw.com
Total Assets: $369,655
Total Liabilities: $1,751,467
The petition was signed by Jacob Plank as managing member.
A full-text copy of the petition, which includes a list of the
Debtor's 15 unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/34FQBVA/Precision_Trades__Service_LLC__pambke-26-00174__0001.0.pdf?mcid=tGE4TAMA
PROEMA AUTOMOTIVA: Asks Court for Chapter 15 Discovery
------------------------------------------------------
Emily Lever of Law360 Bankruptcy Authority reports that the foreign
representative overseeing defunct Brazilian auto parts manufacturer
Proema Automotiva SA has asked a New York bankruptcy court for
authorization to obtain discovery from 19 individuals and entities
as part of a Chapter 15 proceeding aimed at identifying and
recovering potential assets.
In the filing, the foreign representative said the requested
discovery is necessary to trace assets and investigate transactions
that may benefit Proema's Brazilian insolvency estate, arguing that
the targeted parties may possess information concerning the
company's finances, transfers, or property located in the United
States.
About Proema Automotiva SA
Proema Automotiva SA is a Brazilian automotive components
manufacturer based in Sao Bernardo do Campo, Sao Paulo, producing
systems such as steering columns, gearshift mechanisms, pedal
assemblies, and machined parts for engines and suspensions.
Proema Automotiva SA sought relief under Chapter 15 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No.25-12957) on December 31,
2025.
The Debtor's foreign representative is Fernando Celso De Aquino
Chad. Foreign Representative's Counsel is Merielen Dal Ri Ziviani,
Esq. of KELLNER HERLIHY GETTY & FRIEDMAN, LLP.
PROTRADE LOGISTICS: Seeks Chapter 11 Bankruptcy in Illinois
-----------------------------------------------------------
On January 13, 2026, Protrade Logistics Corporation filed for
Chapter 11 protection in the U.S. Bankruptcy Court for the Northern
District of Illinois. According to court filings, the debtor
reports between $100,001 and $1 million in debt owed to 50 to 99
creditors.
About Protrade Logistics Corporation
Protrade Logistics Corporation provides logistics and
transportation services, supporting freight movement and supply
chain operations for commercial clients.
Protrade Logistics Corporation sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. Case No. 26-00518) on January 13,
2026. In its petition, the debtor reports estimated assets ranging
from $100,001 to $1 million and estimated liabilities in the same
range.
Honorable Bankruptcy Judge Timothy A. Barnes handles the case.
The debtor is represented by Richard N. Golding, Esq. of the Law
Offices of Richard N. Golding, P.C.
QUALITY OFFICE: Case Summary & 20 Largest Unsecured Creditors
-------------------------------------------------------------
Debtor: Quality Office Liquidations, Inc.
Flip Office Furnishings
713 W Luce St
Stockton, CA 95203
Business Description: Quality Office Liquidations, Inc.,
doing business as Flip Office Furnishings, provides warehousing,
distribution, retail sales, and related services for pre-owned and
new office furnishings, including space planning, delivery and
installation, moving and reconfiguration, liquidation, asset
management, and disaster recovery. The Company operates a
distribution center in Stockton, California, serving customers
across California and nationwide, with offerings spanning furniture
sourcing, resale, and workplace solutions. It serves clients
across sectors including construction, education, medical,
technology, professional services, and agriculture.
Chapter 11 Petition Date: January 22, 2026
Court: United States Bankruptcy Court
Eastern District of California
Case No.: 26-20295
Judge: Hon. Christopher D Jaime
Debtor's Counsel: Michael Kenneth Moore, Esq.
LAW OFFICES OF MICHAEL K. MOORE
210 E Center St
Manteca CA 95336
Tel: (209) 373-5815
Email: michael@mkmoorelaw.com
Estimated Assets: $500,000 to $1 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by William Leach as CEO.
A copy of the Debtor's list of its 20 largest unsecured creditors
is available for free on PacerMonitor at:
https://www.pacermonitor.com/view/TOA7DFY/Quality_Office_Liquidations_Inc__caebke-26-20295__0003.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/SDV4X6A/Quality_Office_Liquidations_Inc__caebke-26-20295__0001.0.pdf?mcid=tGE4TAMA
R INTERCONNECTIONS: Seeks Cash Collateral Access Thru Feb 15
------------------------------------------------------------
R Interconnections Inc. asks the U.S. Bankruptcy Court for the
Northern District of New York for authority to use cash
collateral.
The Debtor intends to use cash collateral through February 15 in
accordance with its proposed budget to pay employee wages, ordinary
operating costs, and administrative expenses. It has no
unencumbered cash on hand and all available cash is subject to
pre-bankruptcy liens.
The Debtor identifies the U.S. Small Business Administration as the
primary secured creditor with a purported interest in cash
collateral, along with UCC filings by Liquid Capital Exchange and
federal tax liens that the Debtor asserts were paid in full prior
to its Chapter 11 filing.
To adequately protect secured creditors, the Debtor proposes
periodic adequate protection payments -- $289 per month to the SBA,
with no payments to Liquid Capital Exchange or the IRS -- along
with continued operation of the business, reporting, and other
protections, asserting these measures preserve the value of the
collateral.
R Interconnections operates a retail storefront selling fishing
tackle and gear across upstate New York and surrounding areas and
has significant accounts receivable that will replenish cash once
collected.
A court hearing is scheduled for March 3.
A copy of the motion is available at https://urlcurt.com/u?l=jzhdVc
from PacerMonitor.com.
About R Interconnections Inc
R Interconnections Inc operates a retail storefront selling fishing
tackle and gear across upstate New York and surrounding areas.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. N.Y. Case No. 26-10033-1-pgr) on
January 14, 2026. In the petition signed by Thomas Zebrowski, US
operations manager, the Debtor disclosed up to $50,000 in assets
and up to $1 million in liabilities.
Judge Patrick G. Radel oversees the case.
Michael Boyle, Esq., at Boyle Legal LLC, represents the Debtor as
legal counsel.
RDL SOLUTIONS: Gets Interim OK to Use Cash Collateral
-----------------------------------------------------
RDL Solutions, LLC and RDL Modifications, LLC got the green light
from the U.S. Bankruptcy Court for the Western District of
Virginia, Roanoke Division, to use cash collateral to fund
operations.
The court issued an interim order authorizing the Debtors to use
cash and cash equivalents (e.g. accounts receivable, deposit
accounts and inventory) consistent with their budget through the
February 11 hearing.
Creditors that may hold interest in the cash collateral will be
provided with protection in the form of replacement liens on or
interests in the Debtor's post-petition deposit accounts, accounts
receivable and inventory.
The creditors are Atlantic Union Bank, Wells Fargo Commercial
Distribution Finance, LLC, Bankers Healthcare Group, Live Oak
Banking Company, Unique Funding Solutions, LLC, and Forward
Financing, LLC.
The interim order is available at https://is.gd/nn8imL from
PacerMonitor.com.
Headquartered in Dublin, Virginia, RDL Solutions and RDL
Modifications filed voluntary petitions on January 8 and continue
operating as debtors in possession. The Debtors attribute their
financial distress to major losses tied to their former largest
customer, Volvo, high debt service obligations, and cash flow
shortfalls, though they believe restructuring, new work,
investment, or a sale could restore viability.
Numerous creditors assert liens on the Debtors' personal property
and receivables, including traditional lenders and several merchant
cash advance providers. The Debtors dispute the validity and
characterization of the MCA transactions, arguing they are loans
rather than true sales of receivables and reserve all rights to
challenge the liens.
About RDL Solutions LLC
RDL Solutions, LLC provides modification, rework, and paint and
collision services for medium- and heavy-duty trucks in Dublin,
Virginia, while RDL Modifications, LLC is a service-based company
focused on modification and customization solutions across its
operational footprint.
RDL Solutions and RDL Modifications filed Chapter 11 petitions
(Bankr. W.D. Va. Lead Case No. 26-70023) on January 8, 2026. At the
time of the filing, RDL Solutions listed between $500,001 and $1
million in assets and between $1 million and $10 million in
liabilities while RDL Modifications listed between $100,001 and $1
million in both assets and liabilities.
Richard D. Scott, Esq., at the Law Office of Richard D. Scott, PC,
represents the Debtors as legal counsel.
RITHM CAPITAL: Fitch Publishes 'BB-' LongTerm IDR, Outlook Stable
-----------------------------------------------------------------
Fitch Ratings has published a Long-Term Issuer Default Rating (IDR)
of 'BB-' for Rithm Capital Corp. The Rating Outlook is Stable.
Fitch has also assigned a 'B+' debt rating with a Recovery Rating
of RR5 to Rithm's senior unsecured notes.
Key Rating Drivers
Diversified Business Profile: Rithm's rating reflects the solid
franchise and market position of mortgage company Newrez, its
largest operating subsidiary, which accounts for 62% of assets and
89% of net income, excluding the corporate segment for the trailing
12 months (TTM) ended Sept. 30, 2025. Fitch believes Rithm's credit
profile benefits from the diversification provided by owned
businesses focused on asset management, residential transition
loans, single family rentals and commercial real estate. The
ratings also reflect Rithm's stable profitability, good asset
quality within its credit and servicing portfolios, appropriate
leverage and experienced management team.
Highly Cyclical Real Estate Industry: The ratings are constrained
by the highly cyclical nature of the real estate industry, a
largely secured funding profile including uncommitted mortgage
warehouse facilities, execution risk associated with its
acquisitive strategy, reputation risk which can affect the firm's
ability to raise funds, and real estate investment trust (REIT)
distribution requirements that limit capital retention.
Solid Newrez Mortgage Franchise: Fitch believes Newrez's franchise
and market position, as one of the largest U.S. residential
mortgage originators and servicers, is supportive of the rating
with its multi-channel and multi-product approach contributing to a
more durable business model relative to peers. Its sizable mortgage
servicing rights (MSR) portfolio further diversifies revenues,
while its growing subservicing and special servicing businesses
provide stable cash flows with minimal incremental capital
requirements.
Growing Asset Management Segment: Rithm's acquisition of Sculptor
Capital Management in 2023 brought $32.8 billion of assets under
management and capital-light fee revenues to the business model. In
4Q25, the company added direct lending and insurance capabilities
with its acquisition of Crestline Management L.P. and grew the
commercial real estate platform by acquiring Paramount Group, Inc.
The expanded fund offerings and investment vehicles should continue
to diversify its product offerings from Sculptors' multi-strategy
hedge fund, which has redemption risks.
The asset management arm also provides take out opportunities for
Rithm originated assets, supporting earnings growth and enhancing
the scale of the overall platform. Still, REIT income requirements
will likely constrain overall growth of the asset management
segment. In addition, while conservatively funded, the recent
acquisitions present integration risks over the medium term.
Asset Quality Normalizing: Greater than 90-day delinquencies across
Rithm's unsecured personal loan, residential mortgage loan and
residential transition loan portfolios was 5.9% of total unpaid
principal balance at 3Q25, improved from 7.1% at YE24 on better
mortgage performance. Unsecured consumer loans are expected to be
more vulnerable to macroeconomic stresses, but the company's
overall exposure is limited, at 1.3% of total assets. Delinquencies
of 60+ days in Rithm's owned residential mortgage servicing rights
(MSR) portfolio were 3.1% at 3Q25, down from 3.4% at YE24 but up
from 2.3% at YE23 given weakening performance of the Ginnie Mae
loans.
Fitch notes that Rithm is exposed to potential losses due to
repurchase or indemnification claims from investors under certain
warranty provisions, although claims in recent years have been
manageable, and reserves are deemed sufficient.
Net Flows Stabilize Net client flows in the asset management
segment have been volatile in recent years with Sculptor
experiencing outflows in the 2023 acquisition year. More recent
fundraising has been solid, with robust net client flows in 9M25
and 2024. Fitch believes the long track record and new fund
offerings should support stable AUM growth over time. Total AUM was
$37.5 billion at 3Q25, up 9% yoy and up 14% since the acquisition.
The Paramount and Crestline acquisitions brought an additional $7
billion and $18 billion of AUM, respectively, to the platform in
4Q25.
Stable Profitability: Rithm's pre-tax return on average assets
(ROAA), adjusted for GNMA loans subject to repurchase and excess
MSR financing-related assets, was 2.6% for the TTM ended 3Q25,
compared to the four-year average (2021-2024) of 2.9% and within
Fitch's 'bb' category earnings benchmark range of 1%-4% for balance
sheet heavy finance and leasing companies with a sector risk
operating environment (SROE) score in the 'bbb' category.
Reported earnings available for distribution, which removes fair
value changes on MSRs, other income, transaction related expenses
and deferred taxes, was 2.8% of average assets for the TTM ended
3Q25, improved from the four-year average of 2.3% for 2021-2024 on
growing asset management earnings.
Appropriate Leverage: Rithm's leverage, measured by gross
debt-to-tangible equity, including non-recourse securitizations,
was 4.5x at 3Q25 — within Fitch's 'bb' category benchmark range
of 4x-7x for balance sheet heavy finance and leasing companies with
an SROE score in the 'bbb' category. Excluding repurchase
agreements used to match-fund agency RMBS, which are of high
quality, a natural hedge to the MSR portfolio, and aid in meeting
REIT asset requirements, leverage was 3.5x at 3Q25. Corporate
leverage, which excludes mortgage warehouse facilities and notes
payable of consolidated financing entities, was 1.8x at 3Q25,
within management's 1.5x-2x target range.
Fitch has afforded Rithm's preferred shares 50% equity credit
considering the cumulative nature of the distributions, the fact
that the preferred shares are perpetual, and the lack of automatic
change of control provisions and events of default.
Reliance on Secured Funding: Rithm's funding profile is largely
secured, with unsecured debt (adjusted for the preferred shares)
representing just 6.3% of gross debt at 3Q25, or 8.2% excluding
agency RMBS repurchase agreements. Fitch believes a more meaningful
unsecured funding component and the introduction of committed
warehouse financing would improve financial flexibility in times of
stress.
Despite being predominantly secured, Rithm's funding profile is
well-diversified and benefits from non-recourse issuances and
reduced mark-to-market exposure. While over half of gross debt is
due within one year, many of Rithm's warehouse and secured
financing facilities are multi-year and term secured debt improves
maturity laddering. The next unsecured debt maturity is in April
2029, when $775 million of notes come due.
Adequate Liquidity: As a REIT, Rithm must distribute at least 90%
of its annual net REIT taxable income to shareholders, which
constrains the firm's ability to build equity and impacts Fitch's
assessment of firm liquidity. At 3Q25, the company had $1.6 billion
of cash and $1.4 billion of availability on its MSR facilities,
which Fitch views as adequate to address its funding and operating
needs. Rithm also had over $5.9 billion of available capacity on
its warehouse and other secured funding agreements and $1.7 billion
on its servicing advance facilities at 3Q25. Earnings available for
distribution covered dividends 1.8x in 9M25, up from an average of
1.6x between 2021 and 2024.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
-- Deterioration of the franchise, market position or financial
profile of Newrez;
-- The sale of a key operating subsidiary that results in a weaker
consolidated business profile, higher leverage or more volatile
earnings;
-- A weakened liquidity profile such as an inability to extend
financing facilities as they mature and/or maintain adequate
funding diversity;
-- A sustained increase in Fitch-calculated leverage, including
all non-recourse debt, above 7x or corporate leverage above 2x;
-- Deterioration in asset quality or material net outflows from
the asset management segment;
-- Sustained profitability challenges that erode tangible equity
and the company's market position;
-- Substantial regulatory fines or litigation expense that
negatively impact the company's franchise or operating
performance.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
-- An improvement in funding flexibility, as demonstrated by
further extension of the maturity profile and an increase in
the unsecured funding component, above 10%;
-- Enhanced consistency of core earnings performance;
-- Maintenance of a strong liquidity profile relative to near-term
debt maturities;
-- Maintenance of gross leverage below 4x or corporate leverage
approaching 1x;
-- Growth of the business that enhances the franchise and platform
scale.
DEBT AND OTHER INSTRUMENT RATINGS: KEY RATING DRIVERS
The senior unsecured debt rating is one notch below Rithm's
Long-Term IDR given the high balance sheet encumbrance and largely
secured funding profile, which suggests weaker-than-average
recovery prospects in a stressed scenario.
DEBT AND OTHER INSTRUMENT RATINGS: RATING SENSITIVITIES
The unsecured debt rating is sensitive to changes to Rithm's
Long-Term IDR, unsecured funding mix and the level of unencumbered
assets relative to outstanding unsecured debt. A material increase
in the proportion of unsecured funding and an increase in the size
of the unencumbered asset pool which alters Fitch's view of the
recovery prospects could result in the senior unsecured debt rating
being equalized with the Long-Term IDR.
ADJUSTMENTS
-- The Standalone Credit Profile (SCP) has been assigned in line
with the implied SCP.
-- The Business Profile score has been assigned below the implied
score due to the following adjustment reason(s): Business model
(negative).
RATING ACTIONS
Entity/Debt Rating Recovery
----------- ------ --------
Rithm Capital Corp.
LT IDR BB- Publish
senior unsecured LT B+ Publish RR5
ROOFING DESIGNS: Kinsale Wins Bid to Dismiss Adversary Case
-----------------------------------------------------------
Judge Michelle V. Larson of the United States Bankruptcy Court for
the Northern District of Texas granted Kinsale Insurance Company's
motion to dismiss the first amended petition filed by Roofing
Designs by JR, LLC in the adversary proceeding captioned as ROOFING
DESIGNS BY JR, LLC, Plaintiff v. BONIFACIO TAPIA DBA BYTL ROOFING
SOLUTIONS, LLC AND KINSALE INSURANCE COMPANY, Defendants, ADVERSARY
NO. 24-03079-mvl (Bankr. N.D. Tex.). All claims asserted by Roofing
Designs in its petition are dismissed with prejudice.
Roofing Designs served as the roofing subcontractor on a project
located at 900 Winston Street in Houston, Texas. As part of its
work, Roofing Designs subcontracted the labor installation of the
roofing system to Bonifacio Tapia, operating through BMTL Roofing
Specialist, LLC and BYTL Roofing Solutions, LLC (collectively,
"Tapia"). According to Roofing Designs, the subcontract agreement
required Tapia to procure commercial general liability insurance
naming Roofing Designs as an additional insured, and Tapia obtained
that coverage through a policy issued by Kinsale Insurance
Company.
Roofing Designs alleges that in May 2021, the roofing system was
substantially complete when the general contractor, Royal American
Construction ("RAC"), began reporting roof leaks
and asserting that the installation was defective. Roofing Designs
maintains that these issues stemmed from building-related problems
such as plumbing, HVAC, and exterior deficiencies, rather than from
any defect in the roofing system. Nevertheless, on June 16, 2021,
RAC terminated Roofing Designs and later filed suit in the United
States District Court for the Southern District of Texas asserting
claims relating to Roofing Designs' performance and its surety (the
"RAC Lawsuit").
Roofing Designs alleges that the RAC Lawsuit centered on roofing
work performed by Tapia and his crew. On this basis, Roofing
Designs tendered its defense to Kinsale under Tapia's separately
issued policy by Kinsale (the "Tapia Policy") in February 2023,
asserting coverage as an additional insured. According to Roofing
Designs, Kinsale denied the tender on the grounds that Tapia and
BMTL were not named defendants in the RAC lawsuit.
Roofing Designs contends that the consequences of Kinsale's denial
of coverage under the Tapia Policy were significant. Because
Kinsale had already accepted the defense of Roofing
Designs under its separate policy with Roofing Designs (the
"Roofing Designs Policy"), subject to a reservation of rights,
Roofing Designs alleges that Kinsale effectively shifted the entire
financial burden of defending the RAC Lawsuit onto the Roofing
Designs Policy. Roofing Designs asserts that the Tapia Policy
carried $1 million in limits that should have been applied to its
defense first, and that Kinsale's refusal to allocate or shift
defense costs caused Roofing Designs to pay defense expenses that
should have been borne under the Tapia Policy.
Kinsale continued to provide a defense under the Roofing Designs
Policy through the conclusion of the RAC lawsuit and ultimately
settled RAC's claims on Roofing Designs' behalf. The district court
then dismissed the RAC Lawsuit with prejudice. Roofing Designs
subsequently initiated this adversary proceeding, asserting claims
for breach of contract for failure to defend under the Tapia
Policy, breach of contract and negligence relating to the defense
provided under the Roofing Designs Policy, bad faith, and
violations of the Texas Insurance Code, along with requests for
declaratory relief concerning its additional-insured status and the
allocation of defense costs. Kinsale now seeks dismissal of all
claims under Rule 12(b)(6).
Kinsale argues that:
(1) the pleadings do not plausibly allege a duty to defend or
indemnify under the Tapia Policy because no liability arising from
Tapia's conduct was alleged by RAC in the RAC Lawsuit.
(2) Texas law does not recognize a negligent-defense theory, and
the Petition identifies no breached obligation under the Roofing
Designs Policy.
(3) The absence of coverage forecloses any bad-faith or
statutory liability.
(4) The declaratory judgment claim is duplicative of the
underlying contractual and extra-contractual claims.
At the core of the dispute is whether Roofing Designs should have
been afforded coverage under the Tapia Policy as an additional
insured and whether Kinsale should have done more to defend Roofing
Designs under the Roofing Designs Policy.
The Court concludes that:
(1) the allegations in the petition do not plausibly give rise
to a duty to defend under the Tapia Policy;
(2) Kinsale satisfied its contractual obligations under the
Roofing Designs Policy; and
(3) Roofing Designs' claims for bad faith, statutory violations,
and equitable subrogation fail as a matter of law.
Judge Larson explains, "The allegations in the underlying RAC
Lawsuit, when compared to the relevant policy language under the
eight-corners rule, did not trigger coverage for Roofing Designs
as an additional insured under the Tapia Policy. Because Roofing
Designs did not qualify as an insured under that policy, Kinsale
owed no duty to indemnify Roofing Designs in connection with the
RAC Lawsuit. The absence of coverage under the Tapia Policy is
dispositive of Roofing Designs' breach-of-contract claims premised
on an alleged failure to defend or indemnify it under the policy."
A copy of the Court's Memorandum Opinion and Order dated
January 20, 2026, is available at https://urlcurt.com/u?l=u3Htz6
from PacerMonitor.com.
About Roofing Designs
Roofing Designs by JR, LLC, had been concentrating larger
commercial projects mainly in Houston, Texas.
The Debtor filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. N.D. Tex. Case No. 23-32275) on Oct. 4,
2023, with $50,001 to $100,000 in assets and $500,001 to $1 million
in liabilities.
Eric A. Liepins, Esq., at Eric A. Liepins, P.C., is the Debtor's
legal counsel.
SAKS GLOBAL: Wins Approval to Liquidate Online Unit Inventory
-------------------------------------------------------------
Rick Archer of Law360 Bankruptcy Authority reports that one of
Saks' online affiliates received court approval from a Texas
bankruptcy judge to initiate an inventory liquidation, following
the retailer's argument that a fast sale is crucial to support
ongoing operations and financial obligations. The decision allows
the affiliate to move forward with selling inventory efficiently.
Saks told the court that a prompt liquidation is key to preserving
the value of the merchandise and ensuring funds are available for
creditors. The judge said the plan struck a fair balance between
speed and oversight, approving the measure to aid the bankruptcy
estate, the report states.
About Saks Global Enterprises LLC
Saks Global is the largest multi-brand luxury retailer in the
world, comprising Saks Fifth Avenue, Neiman Marcus, Bergdorf
Goodman, Saks OFF 5TH, Last Call and Horchow. Its retail portfolio
includes 70 full-line luxury locations, additional off-price
locations and five distinct e-commerce experiences. With talented
colleagues focused on delivering on our strategic vision, The Art
of You, Saks Global is redefining luxury shopping by offering each
customer a personalized experience that is unmistakably their own.
By leveraging the most comprehensive luxury customer data platform
in North America, cutting-edge technology, and strong partnerships
with the world's most esteemed brands, Saks Global is shaping the
future of luxury retail.
Saks Global Properties & Investments includes Saks Fifth Avenue and
Neiman Marcus flagship properties and represents nearly 13 million
square feet of prime U.S. real estate holdings and investments in
luxury markets.
On Jan. 13, 2026, and Jan. 14, 2026, Saks Global Enterprises LLC
and 112 affiliated debtors filed voluntary petitions for relief
under Chapter 11 of the United States Bankruptcy Code (Bankr. S.D.
Tex. Lead Case No. 26-90103). The jointly administered cases are
pending before the Honorable Alfredo R. Perez.
Willkie Farr & Gallagher LLP and Haynes and Boone, LLP are serving
as legal counsel, PJT Partners LP is serving as investment banker,
Berkeley Research Group is serving as financial advisor, and C
Street Advisory Group is serving as strategic communications
advisor to the Company. Stretto is the claim agent.
Paul, Weiss, Rifkind, Wharton & Garrison LLP is serving as legal
counsel, Lazard Freres & Co, LLC is serving as investment banker,
FTI Consulting, Inc. is serving as financial advisor, and Kekst CNC
is serving as a strategic communications advisor to the Ad Hoc
Group.
SAM'S DINER: Gets Interim OK to Use Cash Collateral
---------------------------------------------------
Sam's Diner of Maumee, Inc., Ltd. got the green light from the U.S.
Bankruptcy Court for the Northern District of Ohio to use cash
collateral to fund operations.
The court issued an interim order authorizing the Debtor to use the
cash collateral of its secured creditors to pay ordinary expenses,
provided that projected net income under its budget equals at least
75% of the projected amount.
The secured creditors are the U.S. Small Business Administration,
United First, LLC, DoorDash Capital, Forward Financing, LLC, Fenix
Capital Funding, LLC, and Rapid Finance.
As adequate protection, these secured creditors will be granted a
post-petition perfected security interest in the Debtor's property
to the same extent and with the same priority as their
pre-bankruptcy security interest.
The Debtor's authority to use cash collateral will terminate upon
occurrence of so-called events of default including conversion or
dismissal of its Chapter 11 case; cessation of operations; and
termination of the cash collateral order.
The next hearing is set for February 25.
The interim order is available at https://is.gd/jbS30K from
PacerMonitor.com.
Sam's Diner of Maumee is an Ohio corporation formed in 2015 and
operates a restaurant in Maumee, Ohio serving classic American
diner fare and Mediterranean dishes. It is solely owned and managed
by Naim El-Kechen and currently employs seven people.
The Debtor's principal secured creditor is the SBA, which holds a
first-priority lien on substantially all of its personal property
including accounts and other rights to payment, securing a May 2020
loan with an outstanding balance of approximately $345,220.
In addition, the Debtor entered into several merchant cash advance
agreements with United First, DoorDash, Forward Financing, Fenix
Capital Funding, and Rapid Finance, which the Debtor contends were
structured as sales of future receivables and, therefore, do not
give those entities interests in the Debtor's cash collateral. To
the extent they do hold interests, the Debtor asserts they are
junior to the SBA's lien.
The Debtor has minimal cash on hand (about $5,685 in total across
accounts and receivables).
About Sam's Diner of Maumee, Inc. Ltd.
Sam's Diner of Maumee, Inc., Ltd. operates a restaurant in Maumee,
Ohio.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ohio Case No. 26-30057-maw) on January
13, 2026. In the petition signed by Naim C El-Khechen, principal,
the Debtor disclosed up to $100,000 in assets and up to $1 million
in liabilities.
Judge Mary Ann Whipple oversees the case.
Eric R. Neuman, Esq., at Diller and Rice, LLC, represents the
Debtor as legal counsel.
SANFORD CONTROLS: Gets Interim OK to Use Cash Collateral
--------------------------------------------------------
Sanford Controls, LLC and Stealth Control Systems, LLC got the
green light from the U.S. Bankruptcy Court for the District of
Massachusetts to use the cash collateral of secured creditors to
fund operations.
The court authorized the Debtors' interim use of cash collateral,
including cash on hand and proceeds of pre-bankruptcy accounts
receivable, in accordance with their budget pending the final
hearing. The Debtors may deviate by more than 10% for cost of
goods.
As adequate protection for any diminution in the value of their
cash collateral, secured creditors will have continuing replacement
liens and security interests on post-petition property of the
estate.
A court hearing is set for February 4. Objections are due by
February 3.
The order is available at https://is.gd/AzoVG0 from
PacerMonitor.com.
As of the petition date, Sanford's assets include approximately
$175,000 in trade equipment and tools, $71,500 in accounts
receivable, about $6,000 in office and electronics, and four
vehicles worth $100,000–$120,000, against purported liabilities
of roughly $400,000, including suppliers, taxes, vehicle loans, and
six joint MCAs with a face amount of $462,050 at origination.
Stealth's assets include about $150,000 in tools, $7,800 in
receivables, and two vehicles worth about $79,800, with purported
liabilities around $600,000, including suppliers, taxes, vehicle
loans, and the same six joint MCAs. The only asserted secured
claims arise from the MCAs, with UCCs filed in December 2025 by
Funnded.com, Direct Merchants Funding, and service companies; the
Debtors dispute the enforceability of the MCA transactions and
their security interests and contend the UCC filings may be
avoidable preferences.
The Debtors' prior growth efforts were disrupted by hiring
underqualified technicians in 2023–2024, requiring costly
remediation, and by delayed payments on large jobs in spring 2025
that triggered a cash crunch. To smooth cash flow they took
multiple merchant cash advances, whose aggressive repayment terms
worsened liquidity. When the Debtors sought relief in December
2025, the MCA lenders instead rushed to file UCC financing
statements and levy receivables, forcing the Chapter 11 filings.
Despite these setbacks, the Debtors assert strong reputations and
skilled staff and contend that reorganization will yield a better
return to unsecured creditors than liquidation, which would produce
only modest recoveries from mostly encumbered vehicles and tools
and would terminate ten jobs.
About Sanford Controls LLC
Sanford Controls LLC sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 26-10069) on January 12,
2026. In the petition signed by Howard J. Sanford, Jr, manager, the
Debtor disclosed up to $500,000 in assets and liabilities.
Kate E Nicholson, Esq., at Nicholson Devine LLC, represents the
Debtor as legal counsel.
SAVI CONSTRUCTION: Unsecureds to Split $50K over 60 Months
----------------------------------------------------------
Savi Construction LLC filed with the U.S. Bankruptcy Court for the
Eastern District of California a Plan of Reorganization dated
January 15, 2026.
The Debtor owns and operates a commercial and residential
construction business. The Debtor was formed in June 2019 and
operates its business in California.
The Debtor's principal place of business is located in Bakersfield,
California. Jenny Ramirez is the Debtor's sole Member and Raul
Ramirez is the Debtor's Supervisor of Operations. Ms. Ramirez and
Mr. Ramirez are qualified to lead the Debtor's business and
reorganization efforts.
The Debtor's debt incurred in its business includes secured claims
of $448,759.63 and unsecured non-priority claims of $289,032.75.
The Debtor filed its Chapter 11 case to give the Debtor a vehicle
to reorganize its business and repay creditors as required by the
law. The Debtor has acquired new and reliable customers in 2025 and
will continue its business during the Term of the Plan.
The Debtor anticipates that its income and expenses will be stable
and consistent during the Term of the Plan and will generate
sufficient revenue to make the payments required by the Plan. The
Term of the Plan will not exceed sixty months from the effective
date of the Plan.
Class Seven consists of General Unsecured Claims. The Class Seven
Claims will be about $312,126.45 on the effective date according to
the Debtor's Schedules of Assets and Liabilities filed on November
26, 2025 and Proofs of Claim filed by creditors in Debtor's case.
Class Seven claims will be paid over sixty months and Class Seven
Claims will not accrue interest after the effective date. Class
Seven claims will receive a pro rata share of $50,000.00 during the
term of the Plan. Any Class Seven claim not paid through the Plan
will be discharged when the Court enters a discharge as provided
for in Sections 1141 and 1192.
Payments on the Class Seven claims will be $10,000.00 per year
during the Term of the Plan. Class Seven claims will receive a pro
rata share of $10,000.00 per year until the Class Seven Dividend is
paid in full. Payment of the Class Seven Claims will continue each
year until the Class Seven Dividend is paid in full.
The Plan will be executed by Debtor making payments to Claimants
from money received from the Debtor's business operations.
A full-text copy of the Plan of Reorganization dated January 15,
2026 is available at https://urlcurt.com/u?l=qDSzK7 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
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
E-mail: lwelsh@youngwooldridge.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 sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Cal. Case No. 25-13979) on Nov. 26,
2025. In its petition, the Debtor estimated assets and liabilities
between $100,001 and $1 million.
SCV GRAPHIC: To Sell Graphic Design Equipment to 360 Creative
-------------------------------------------------------------
SCV Graphic Productions, Inc., seeks approval from the Northern
District of Georgia, Newnan Division, to sell Equipment, free and
clear of liens, claims, interests, and encumbrances.
The Debtor is a graphic design and production company operating
since 2007, with locations in metropolitan Atlanta, Georgia and
metropolitan Los Angeles, California. Historically, the company
primarily operated in the entertainment industry, however more
recently they have tapped into a new market and is experiencing
success designing and producing graphics and sculptures for retail
operations and amusement theme parks.
After analysis of the Debtor's operations, the Debtor has
determined in its business judgment that a downsizing of its
operations is appropriate and will result in significant cost
savings for the Debtor's estate. In support of this the Debtor is
winding down its Georgia operations.
The Debtor seeks authority to sell certain equipment as identified
in the Proposed Asset Purchase Agreement attached as Exhibit A.
https://urlcurt.com/u?l=twq4RE
The Debtor’s representative and counsel have explored various
options for selling the Equipment and have been in discussions
several potential purchasers. The Debtor has determined that the
most efficient way to sell the Equipment is in a "package deal"
whereby the Debtor sells all of the Equipment located in its
Georgia location.
The Debtor received an offer from 360 Creative Solutions Group LLC
for the purchase of the Equipment and requests to sell the
Equipment for an amount equal to or greater than the amount
reflected in the Offer. The purchase price of the Equipment is
$180,000.
The Debtor submits that the price reflected in the Offer reflects a
fair market value based on an appraisal of the Equipment.
Upon the sale of any of the Equipment, the Debtor proposes to hold
the proceeds in escrow pending further order of the Court. To the
extent that the Equipment is subject to security interests or liens
the proceeds will be used to satisfy those claims.
The Debtor has determined that the sale of the Equipment is in the
best interests of its estate. The Debtor submits that eliminating
the costs of maintenance and storage on this property will improve
cash flow by reducing the Debtor's obligations on these assets, as
well as generate additional working capital via receipt of the sale
proceeds.
The Sale has been proposed in good faith, free of any fraud or
misconduct and for value and without knowledge of any adverse
claim.
About SCV Graphic Productions Inc.
SCV Graphic Productions Inc., operating as Dangling Carrot
Creative, is a custom graphics and display manufacturing company
that specializes in manufacturing custom displays, signage, and
creative installations using materials such as composites,
plastics, and foams, alongside printing and imaging technology. The
company maintains operations in both Fayetteville, Georgia and
Valencia, California, with its principal place of business located
in Georgia.
SCV Graphic Productions Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-10613) on April
28, 2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million each.
The Debtor is represented by Benjamin R. Keck, Esq. at Keck Legal,
LLC.
SHIVSANYA CORP: Claims to be Paid from Asset Sale Proceeds
----------------------------------------------------------
Shivsanya Corp. filed with the U.S. Bankruptcy Court for the
Western District of Virginia a Disclosure Statement describing
Chapter 11 Plan dated January 16, 2026.
The Debtor was formed in 2016 and purchased the unimproved
commercial real estate that it currently owns. It has never
conducted any business with that real estate.
The real estate constituted additional collateral for Ameris Bank
for loans that the bank made to affiliates and related entities.
This case commenced when Ameris Bank commenced foreclosure
proceedings on the unimproved land owned by the Debtor. The Debtor
has reviewed the Ameris Bank claims and may object to the amount of
the asserted claims, as the Debtor is not convinced that the claims
accurately reflect the proceeds realized by the referenced
foreclosures on the Debtor's affiliates.
On October 15, 2025, unable to convince Ameris Bank to cancel its
foreclosure sale, the Debtor filed its petition pursuant to Chapter
11 of the Bankruptcy Code and has operated as debtor-in possession
since that time.
The Debtor has contacted a commercial real estate agent to help
value and list its sole asset for sale. The Debtor will promptly
contract with the agent to list and sell its real estate, and will
apply to the Court to approve the listing agreement.
Ameris Bank filed a secured claim to which the Debtor might object.
It has requested information from Ameris Bank as to application of
prior foreclosure sale proceeds.
The Debtor has analyzed the liquidation value of his assets as
required by Section 1129(a)(7) of the Bankruptcy Code. The Debtor's
sole asset is its unimproved real estate upon which Ameris Bank has
a lien. It is unclear at this time whether the value is sufficient
to pay Ameris Bank, as the Debtor may still object to that claim.
The Debtor has no unsecured creditors.
Class 4 consists of Shareholder Interests. The Debtor's equity
holders shall retain their equity in the Debtor but shall not
receive any distribution on equity until such time as the Debtor's
obligations to its Class 2 and 3 creditors are fully satisfied.
This class is impaired.
The Debtor shall pay any outstanding U.S. Trustee fees pursuant to
11 USC section 1930(a) of the Judicial Code, in full on or before
the Effective Date, and the Debtor and/or Reorganized Debtor shall
continue to pay such fees until the Chapter 11 case is converted,
dismissed, or closed, whichever occurs first.
The Debtor shall list and sell its commercial real estate as
described in this Plan.
A full-text copy of the Disclosure Statement dated January 16, 2026
is available at https://urlcurt.com/u?l=i8l1Qm from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Andrew S. Goldstein, Esq.
MAGEE GOLDSTEIN LASKY & SAYERS, P.C.
PO Box 404
Roanoke, VA 24003-0404
Tel: (540) 529-1609
Fax: (540) 343-9898
EMail: agoldstein@mglspc.com
About Shivsanya Corp.
Shivsanya Corp. is a single-asset real estate company that leases
residential and nonresidential buildings.
Shivsanya Corp. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Va. Case No. 25-61245) on October 15,
2025. In its petition, the Debtor reports estimated assets between
$500,000 and $1 million and estimated liabilities between $1
million and $10 million.
Honorable Bankruptcy Judge handles the case.
The Debtor is represented byAndrew S. Goldstein, Esq. of MAGEE
GOLDSTEIN LASKY & SAYERS, P.C.bout Shivsanya Corp.
Shivsanya Corp. is a single-asset real estate company that leases
residential and nonresidential buildings.
Shivsanya Corp. filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. W.D. Va. Case No.
25-61245) on October 15, 2025, listing $500,000 to $1 million in
assets and $1 million to $10 million in liabilities. The petition
was signed by Paresh K. Suthar as president.
Andrew S. Goldstein, Esq. at MAGEE GOLDSTEIN LASKY & SAYERS, P.C.
represents the Debtor as counsel.
SHOSHANAH FASHIONS: Gets Interim OK to Use Cash Collateral
----------------------------------------------------------
Shoshanah Fashions, Inc. received interim approval from the U.S.
Bankruptcy Court for the District of Massachusetts, Eastern
Division, to use cash collateral to fund operations.
The court authorized the Debtor to use the cash collateral of the
U.S. Small Business Administration in accordance with its budget
pending the final hearing.
The SBA claims a security interest in pre-bankruptcy assets of the
Debtor, including proceeds from pre-bankruptcy accounts receivable
and cash on hand.
As adequate protection, the SBA will be granted a continuing
replacement lien and security interest to the same extent, validity
and priority that it would have had in the absence of the Debtor's
bankruptcy filing.
The next hearing is set for February 19. Objections are due by
February 17.
The order is available at https://is.gd/xUHXTj from
PacerMonitor.com.
Shoshanah Fashions operates a women's fashion retail store in
Canton, Massachusetts, known as Mission, which she founded in 2010.
Her largest obligation is an approximately $400,000 Economic Injury
Disaster Loan from the SBA, secured by a lien on all of the
Debtor's assets, primarily retail inventory. In addition, the
Debtor owes roughly $17,818 in Massachusetts sales taxes and about
$100,000 in credit-card debt, but no significant vendor debt.
The Debtor believes that by restructuring and reducing the SBA loan
and paying tax arrears over a five-year plan period, it can restore
positive cash flow and provide a reasonable distribution to
unsecured creditors.
About Shoshanah Fashions Inc.
Shoshanah Fashions, Inc. operates a women's fashion retail store in
Canton, Massachusetts.
Shoshanah Fashions sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 26-10083) on January 14,
2026, listing up to $100,000 in assets and up to $1 million in
liabilities. Shoshanah Graupen, president of Shoshanah Fashions,
signed the petition.
Judge Christopher J. Panos oversees the case.
David B. Madoff, Esq., at Madoff & Khoury, LLP, represents the
Debtor as legal counsel.
SHOSHANAH FASHIONS: Seeks Chapter 11 Bankruptcy in Massachusetts
----------------------------------------------------------------
On January 14, 2026, Shoshanah Fashions, Inc., filed for Chapter 11
protection in the U.S. Bankruptcy Court for the District of
Massachusetts. According to court filings, the Debtor reports
between $100,001 and $1 million in debt owed to between 1 and 49
creditors.
About Shoshanah Fashions, Inc.
Shoshanah Fashions, Inc. is a fashion and apparel company.
Shoshanah Fashions, Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 26-10083) on January 14, 2026. In
its petition, the Debtor reports estimated assets of $0–$100,000
and estimated liabilities of $100,001–$1 million.
Honorable Bankruptcy Judge Christopher J. Panos handles the case.
The Debtor is represented by David B. Madoff, Esq. of Madoff &
Khoury LLP.
SOUTHERN TREE: Gets Extension to Access Cash Collateral
-------------------------------------------------------
Southern Tree Professionals, LLC received second interim approval
from the U.S. Bankruptcy Court for the Northern District of
Georgia, Gainesville Division, to use cash collateral to fund
operations.
The court authorized the Debtor to use cash collateral from
December 10 until the final hearing scheduled for February 3.
The Debtor needs to use cash collateral, which consists of
substantially all of its revenue, to continue operating its
land-clearing, tree-removal, recycling, and mulch business while in
Chapter 11.
As adequate protection, lenders with valid pre-bankruptcy liens
will be granted replacement liens on property acquired by the
Debtor after the petition date that is similar to their
pre-bankruptcy collateral. These replacement liens exclude proceeds
of avoidance actions under Chapter 5 of the Bankruptcy Code.
The second interim order is available at https://shorturl.at/LLHeV
from PacerMonitor.com.
Southern Tree Professionals' financial distress began in 2024 when
an attempted expansion created cash-flow problems, forcing the
business to rely on merchant cash advances and loans that
ultimately overwhelmed liquidity and contributed to the bankruptcy
filing. The Debtor operates on leased land in Georgia and is
managed solely by its member, Benjamin Ellis.
The merchant cash advance lenders are Libertas Funding, Universal
Finance, and Global Merchant Cash. These lenders may hold security
interests in certain accounts and revenues through recently filed
UCC-1 financing statements, making those revenues potential cash
collateral under 11 U.S.C. Section 363.
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. The Company 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.
The Debtor 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.
SUNSOURCE BORROWER: S&P Affirms 'B' ICR on Acquisition
------------------------------------------------------
S&P Global Ratings affirmed its 'B' ratings on SunSource Borrower
LLC and its first-lien term loan.
The stable outlook reflects S&P's view that U.S. industrial
activity will pick up, increasing SunSource's revenue and
offsetting the company's ongoing salesforce investments and its
acquisition, resulting in S&P Global Ratings-adjusted debt to
EBITDA of about 6.7x for the 12 months after it closes.
S&P said, "We believe SunSource Borrower LLC's leverage will be
stable in 2026, pro forma for a $465 million increase in first-lien
term loan to fund the acquisition of a distributor.
"Although we expect the company's S&P Global Ratings-adjusted debt
to EBITDA was elevated at 6.7x in 2025, an equity contribution to
partially fund the acquisition should prevent leverage from rising
above 7x.
"We forecast accelerating U.S. industrial investment will allow
SunSource to maintain its credit metrics. The company has limited
credit cushion as we estimate its S&P Global Ratings-adjusted debt
to EBITDA was 6.7x in 2025. We believe the acquisition will
pressure leverage in 2026 because it will finance this with a $465
million first-lien term loan--along with common equity--and our
forecast for the acquired EBITDA contribution this year is less
than $70 million. However, we foresee stronger industrial
investment in the U.S. in 2026, accelerating SunSource's growth and
expanding the profitability of its existing business. This should
prevent it from sustaining adjusted leverage above 7x in 2026.
"Excluding acquisitions, we assume revenue will increase 5% in
2026. In 2026, we anticipate SunSource will increase sales volume
and price by 2%-3% each. AI-related spending will likely continue
to power U.S. business investment. We think peak tariff-related
uncertainty, which weighs on industrial demand, is behind us. Lower
U.S. interest rates should also relax customers' scrutiny on
inventory and capital investment. The company will likely acquire
small distributors earning revenue of $10 million-$100 million like
it has over the past seven years. However, the number and timing of
these transactions is irregular, so our forecast excludes them.
"We expect the existing business will grow enough to offset
profitability headwind from the acquisition in 2026. SunSource has
remained disciplined on pricing, controlled other cost of goods
sold, and continued to improve the efficiency of its tuck-in
acquisitions. We believe it has fully passed inflation on to
customers. This has allowed its S&P Global Ratings-adjusted gross
margin (before depreciation and amortization expense) to expand 50
basis points (bps) from 2023-2025 despite a soft demand
environment. We believe accelerating U.S. industrial activity will
return revenue and gross profit to growth and keep leverage stable
in 2026.
"Still, the acquisition will likely decrease its S&P Global
Ratings-adjusted EBITDA margin again this year. We believe the
target will need some IT upgrades, while synergy realization will
require some additional costs in 2026. Although its previous owner
executed some restructuring activities, we incorporate modest
further restructuring or integration spending in 2026 as SunSource
raises its standard of performance. We treat all acquisition costs
as operating because we view inorganic growth as part of the
company's strategy. SunSource will likely realize most of its
synergies, net of costs, in 2027. As a result, we forecast its
EBITDA margin will fall 70-80 bps in 2026 and rise a similar amount
in 2027.
"Growth will begin to offset salesforce investment in 2026. The
company's S&P Global Ratings-adjusted EBITDA margin deterioration
over the past two years reflects salesforce investment, which has
yet to fully pay off. We believe SunSource will continue to expand
its sales team in 2026. The company's value-added distribution
model, which generates EBITDA margins above the 5%-9% range S&P
Global Ratings considers average for a distributor, requires
technical salespeople with solid customer relationships. We
understand continued investment in this area is necessary for the
company to achieve its organic growth goals. When demand
normalizes, we believe its adjusted EBITDA margin will widen to the
12%-15% range it maintained during 2021-2024.
"SunSource has a limited cushion for underperformance in its credit
metrics. We forecast its S&P Global Ratings-adjusted debt to EBITDA
will be slightly below 7x in 2025-2026. If demand does not
strengthen as we expect in 2026, revenue and gross profit will
likely underperform our forecast. Costs to integrate the
acquisition could also be higher than we anticipate. If it sustains
adjusted leverage above 7x, this would pressure our rating.
"We expect SunSource will slow salesforce investment if its credit
metrics weaken. The company's gross margin performance over the
past two years indicates a good level of control over its cost
structure. If demand remains soft, continued salesforce investment
could pressure our ratings. However, we believe the company will
manage its costs to maintain S&P Global Ratings-adjusted leverage
below 7x.
"We anticipate further acquisitions will not increase leverage
until credit metrics improve. SunSource will continue to buy small
competitors, though these are excluded from our base case. This
spending has averaged less than $100 million annually over the past
five years. Excluding this transaction, we anticipate cash flow
will cover acquisitions over the next two years. We consider the
company's financial policy supportive of our rating.
"The stable outlook reflects our view that U.S. industrial activity
will pick up, increasing SunSource's revenue by about 5% and
offsetting the company's ongoing salesforce investments and its
acquisition. Volume growth of 2%-3% and a 2%-3% price increase
should offset selling, general, and administrative expense growth
and the costs to acquire and integrate the target. This will likely
result in S&P Global Ratings-adjusted debt to EBITDA of about 6.7x
for the 12 months after the transaction closes.
"We could lower our ratings if we forecast SunSource will sustain
leverage above 7x, which could occur if the company experiences
worse-than-expected operating performance or adopts a more
aggressive financial policy that includes large, debt-financed
acquisitions or sizeable shareholder rewards.
"Although unlikely within the next 12 months given the increased
debt load, we could raise our ratings on SunSource if
stronger-than-expected operating performance reduces its leverage
below 5x and the company demonstrates financial policies we believe
will allow it to sustain this reduced leverage."
SUPERIOR ENERGY: Abaco Energy Deal No Impact on Moody's 'B1' CFR
----------------------------------------------------------------
Moody's Ratings commented that Superior Energy Services, Inc.'s
(Superior Energy) definitive agreement to acquire Abaco Energy
Technologies (Abaco, unrated) and related proposed $175 million
add-on issuance to its subsidiary SESI, L.L.C.'s backed senior
secured notes does not affect its ratings, including Superior
Energy's B1 Corporate Family Rating and stable outlook and the B2
rating on the backed senior secured notes issued by SESI, L.L.C.
Under the announced agreement, Superior Energy will acquire 100% of
Abaco for $290 million in cash. Moody's expects the company to use
the proceeds from its proposed add-on notes issuance and a portion
of its cash balance to fund the acquisition. The acquisition is
expected to close in the first quarter of 2026.
The acquisition is in-keeping with Superior Energy's strategy of
growing through the acquisition of businesses with strategic fit
into its existing offerings, niche products, strong margins, and
low capital spending requirements. Abaco is a leading global
manufacturer of proprietary power section technologies and has
historically demonstrated strong EBITDA margins and free cash flow
conversion. The majority of Abaco's business is conducted in the
US, however, it also has exposure to the UAE and Canada.
Superior Energy's credit metrics will see some deterioration as a
result of the incremental debt taken on to fund the acquisition.
Moody's expects Superior Energy's credit metrics to improve
post-closing as it realizes the financial benefits of the
acquisition and continues to adhere to its stated financial
policies.
SESI, L.L.C. is a wholly-owned subsidiary of Superior Energy
Services, Inc. Based in Houston, TX, Superior Energy Services, Inc.
is privately owned global oilfield products and services company
with a portfolio of rental and well services brands providing
customers with inventory, responsive delivery, engineered
solutions, and consultative service. The company provides
specialized solutions to the upstream oil and gas industry through
two segments: Rentals and Well Services.
TECHNICAL ARTS: Has Until May 18 to Decide on Unexpired Lease
-------------------------------------------------------------
The United States Bankruptcy Court for the District of New Jersey
extended the deadline for Technical Arts Group LLC to assume or
reject the unexpired lease of non-residential real property through
and including May 18, 2026, pursuant to Section 365(d)(4) of the
Bankruptcy Code.
The Court found that the requested extension is in the best
interests of the Debtor's estates, their creditors, and other
parties in interest.
This Order is without prejudice to the right of the Debtor to
request additional extensions of time to assume or reject the
unexpired lease consistent with section 365(d)(4) of the Bankruptcy
Code.
A copy of the Court's Order dated January 20, 2026, is available at
https://urlcurt.com/u?l=gmu1cy from PacerMonitor.com.
Counsel to Technical Arts Group LLC, Chapter 11 Debtor and
Debtor-in-Possession:
Richard D. Trenk, Esq.
Robert S. Roglieri, Esq.
TRENK ISABEL SIDDIQI & SHAHDANIAN P.C.
290 W. Mt. Pleasant Ave., Suite 2370
Livingston, NJ 07039
Telephone: (973) 533-1000
Email: rtrenk@trenkisabel.law
rroglieri@trenkisabel.law
About Technical Arts Group LLC
Technical Arts Group LLC, a Delaware limited liability company
headquartered in Moonachie, New Jersey, provides event production
and premium equipment rental services, specializing in lighting,
audio, video, staging, special effects, and event management for
large-scale music festivals, corporate gatherings, weddings, and
international events. The Company operates a 34,488-square-foot
facility and employs 63 staff members, engaging additional
freelance personnel as needed.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 25-22241) on November 18,
2025. In the petition signed by Kevin Mignone, as co-president and
chief revenue officer, the Debtor disclosed $10,944,828 in assets
and $8,654,532 in liabilities.
Judge Vincent F Papalia oversees the case.
Richard D. Trenk, Esq. and Robert S. Roglieri, Esq., at Trenk
Isabel Siddiqi & Shahdanian P.C. represents the Debtor as legal
counsel.
TMT GROUP: Gets Interim OK to Use Cash Collateral
-------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of Pennsylvania
entered an agreed interim granting TMT Group, Inc. approval to use
cash collateral to fund operations.
Under the interim order, the Debtor is authorized to use only cash
in its bank accounts from January 8 to 30, strictly in accordance
with its budget.
As adequate protection, Love's Solutions, LLC (doing business as
Saint John Capital Corporation), the Debtor's factor, will be
granted replacement liens on its collateral, with the same validity
and priority as its pre-bankruptcy liens, subject to a fee
carveout.
TMT Group is prohibited from collecting accounts receivable
purchased by Love's Solutions and is required to file a separate
motion seeking debtor-in-possession financing to continue its
factoring relationship.
A final hearing is scheduled for January 28.
The interim order is available at https://is.gd/aicOZf from
PacerMonitor.com.
TMT Group entered into a factoring agreement with Saint John
Capital in January 2020, under which the lender holds an interest
in receivables and related cash proceeds. Because the Debtor's
business depends on steady cash flow to pay truck drivers, lenders,
vehicle lessors, and repair vendors, immediate access to cash
collateral is essential to continue operations and fund a feasible
plan of reorganization. Without the ability to use this cash, the
Debtor would lack the funds necessary to operate and would face
imminent shutdown, harming creditors and destroying going-concern
value.
Saint John Capital is represented by:
Deirdre M. Richards, Esq.
Elliott Greenleaf, P.C.
1105 Market Street, Suite 1700
Wilmington, DE 19801
Telephone: (302) 384-9400
dmr@elliottgreenleaf.com
About TMT Group
Inc.
TMT Group, Inc. filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. E.D. Pa. Case No. 26-10074) on January
7, 2026, with $0 to $50,000 in assets and liabilities.
Judge Patricia M. Mayer presides over the case.
Maggie S. Soboleski, Esq., represents the Debtor as legal counsel.
TONOPAH SOLAR: Gets Court OK to Tap $5MM DIP Funding
----------------------------------------------------
Clara Geoghegan of Law360 Bankruptcy Authority reports that a
Delaware bankruptcy judge on Friday, January 23, 2025, authorized
the owner of the Crescent Dunes Solar Energy Project to draw $5
million immediately under a proposed $10 million
debtor-in-possession financing package. The company said the
interim funds are critical to keeping the project running while it
navigates its Chapter 11 process.
The balance of the financing will be considered at a later hearing,
giving creditors an opportunity to weigh in. The debtor told the
court the loan will help protect the project's going-concern value
as restructuring negotiations move forward, the report states.
About Tonopah Solar Energy
Tonopah Solar Energy, LLC owns and operates a net 110-megawatt
concentrated solar energy power plant located near Tonopah in Nye
County, Nevada. The power plant is also known as the Crescent Dunes
Solar Energy Project, which is the first utility-scale concentrated
solar power plant in the United States to be fully integrated with
energy storage technology.
Tonopah Solar Energy sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. D. Del. Case No. 20-11884) on July 30,
2020. At the time of the filing, the Debtor had estimated assets of
between $500 million and $1 billion and liabilities of between $100
million and $500 million.
Judge Karen B. Owens oversees the case.
The Debtor tapped Young, Conaway, Stargatt & Taylor LLP and Willkie
Farr & Gallagher LLP as its legal counsel, Houlihan Lokey Inc. as
investment banker, and Epiq Corporate Restructuring, LLC as claims
agent and administrative advisor. FTI Consulting, Inc., provides
turnaround management services.
TONOPAH SOLAR: Seeks to Sell Assets on March 4 Auction
------------------------------------------------------
Tonopah Solar Energy LLC seeks permission from the U.S. Bankruptcy
Court for the District of Delaware to sell substantially all Assets
at auction, free and clear of liens, claims, interests, and
encumbrances.
The Debtor owns and operates the first of its kind, net
110-megawatt concentrated solar energy power plant located near
Tonopah in Nye County, Nevada. The Power Plant is the first
utility-scale concentrated solar power plant in the United States
to be fully integrated with energy storage technology. It operates
by concentrating sunlight to heat molten salt to create a source of
heat energy. The molten salt is maintained in a vessel—the hot
salt tank—before it is transmitted to other areas of the Power
Plant. The Power Plant then converts heat energy to high pressure
steam, using the steam to spin a turbine connected to a generator
that creates electricity for sale. The Power Plant has the
capability to store and produce electricity at night, creating an
innovative solution to the core limitation of renewable energy
sources such as solar and wind— their intermittency.
The technology underlying the Power Plant’s operations is unique.
Unforeseen technological issues arose and led to several hot salt
tank leaks at the Power Plant. These leaks contributed to the
Debtor's decision to file its first chapter 11 case in 2020. After
emerging from chapter 11 in December 2020, the Power Plant
sustained three additional hot salt tank leaks. To prevent future
leaks, in July 2023 the Debtor ultimately lowered the operating
temperature of the hot salt tank, which has allowed the Power Plant
to reliably produce electricity for the past two and a half years
without suffering further leaks. Lowering the operating temperature
also reduced the amount of energy that the Power Plant generates,
which in turn has led to decreased revenues. The Debtor's financial
condition was further strained without a long-term power purchase
agreement in place to generate consistent revenue.
To address these challenges, the Debtor determined that the most
value-maximizing path forward would be to pursue a sale of the
Power Plant.
In light of continued operational and financial challenges facing
the Power Plant, the Debtor restarted the marketing process with
the assistance of its proposed investment banker, SSG Advisors,
LLC.
The Debtor’s prepetition marketing process generated interest in
its assets and yielded several indications of interest, all of
which contemplated a bankruptcy sale process.
Although parties continue to express serious interest in the
Debtor's business, after considering all of its alternatives, the
Debtor has determined that an in-court sale process would best
preserve liquidity and maximize value.
The Debtor intends to conduct further outreach to potentially
interested parties as part of the postpetition marketing process.
The Debtor expects that additional parties will become aware of the
sale of the Power Plant through the chapter 11 process, thus
driving even more interest in its Assets.
The Debtor seeks approval of the Bidding Procedures to establish an
open process for the solicitation, receipt, and evaluation of bids
on a timeline that allows the Debtor to consummate a Sale of the
Assets in a manner that maximizes value for the estate within the
Debtor's liquidity runway.
The Debtor believes that the Bidding Procedures are in the best
interests of its estate and provides interested parties with
sufficient opportunity to participate.
The Bidding Procedures are designed to promote participation,
active bidding, and ensure an orderly marketing process.
The timeline for the sale and the summary of the bidding procedures
are also provided and can be found at
https://urlcurt.com/u?l=0gQvp5
The Auction, if any, shall take place on March 4, 2026, at 10:00
a.m. (prevailing Eastern Time) via live auction and/or remote
video, or such later date and time as scheduled by the Debtor.
The Auction and Sale Notice is reasonably calculated to provide all
interested parties with timely and proper notice of the Auction, if
any, including the date, time, and place of the Auction.
If the Debtor designates a Stalking Horse Bidder, the Debtor will
announce the Stalking Horse Bidder and post the notice of the
Stalking Horse Notice on the Case Website within one business day
after making such designation.
The Debtor submits that the Bidding Procedures are a valid exercise
of its business judgment, fair and appropriate under the
circumstances, consistent with procedures routinely approved by
courts in this District, and in the best interest of its estate.
The Debtor also seeks authority under the Bidding Procedures to
designate a Stalking Horse Bidder and offer Bid Protections to such
Stalking Horse Bidder.
The Debtor believes that being able to offer Bid Protections is
necessary to attract and retain a Stalking Horse Bidder.
About Tonopah Solar Energy
Tonopah Solar Energy, LLC owns and operates a net 110-megawatt
concentrated solar energy power plant located near Tonopah in Nye
County, Nevada. The power plant is also known as the Crescent
Dunes
Solar Energy Project, which is the first utility-scale concentrated
solar power plant in the United States to be fully integrated with
energy storage technology.
Tonopah Solar Energy sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. D. Del. Case No. 20-11884) on July 30,
2020. At the time of the filing, the Debtor had estimated assets of
between $500 million and $1 billion and liabilities of between $100
million and $500 million.
Judge Karen B. Owens oversees the case.
The Debtor tapped Young, Conaway, Stargatt & Taylor LLP and Willkie
Farr & Gallagher LLP as its legal counsel, Houlihan Lokey Inc. as
investment banker, and Epiq Corporate Restructuring, LLC as claims
agent and administrative advisor. FTI Consulting, Inc., provides
turnaround management services.
TRASK RADIO: Files Amendment to Disclosure Statement
----------------------------------------------------
Trask Radio LLC and Advanced Aerospace LLC d/b/a Balcon Salon
submitted a Combined First Amended Disclosure Statement and Joint
Chapter 11 Liquidating Plan of Reorganization dated January 14,
2026.
This Plan proposes to satisfy the claims of creditors, in full, by:
(i) transferring the Debtors' collective interests in the real and
personal property located at 674 9th Avenue, New York, New York to
creditors holding allowed secured claims free and clear of liens,
claims and encumbrances, and (ii) paying creditors holding allowed
general unsecured claims in cash on the later of the Effective Date
and when their claims become allowed.
The Plan provides for one class of priority claims, two classes of
secured claims, one class of unsecured claims, and one class of
equity interest holders. All classes of claims and interest holders
are unimpaired and, therefore, deemed to have voted to accept the
plan. This Plan also provides for the payment of administrative and
priority claims, in full, on the later of (i) the Effective Date or
(ii) on or before 10 days after the date such claim becomes
allowed, or upon such other terms as the holder of the claim and
the Debtors may agree.
Class 2 consists of the Secured Claim of Newtek. On the Effective
Date, the Debtors will transfer their collective interests in the
Real Property and the Personal Property to Newtek free and clear of
Liens, claims and encumbrances in full and final satisfaction,
settlement, and release of, and in exchange for, Newtek's Allowed
Secured Claim.
Class 3 consists of the Allowed Secured Claim of the SBA. On the
Effective Date, the Debtors will transfer their collective
interests in the Real Property and the Personal Property to the SBA
free and clear of Liens, claims and encumbrances, to be a joint
owner with Newtek in their respective Pro Rata shares, in full and
final satisfaction, settlement, and release of, and in exchange
for, the SBA's Allowed Secured Claim.
Like in the prior iteration of the Plan, each Holder of an Allowed
Class 4 Claim shall be paid in full, in Cash, on the later of (i)
the Effective Date and (ii) thirty days after such Claim becomes
Allowed, together with all interest accrued thereon from the
Petition Date through the payment date at the prevailing prime rate
on the Effective Date.
Class 6 consists of Interest Holders. Interest Holders will receive
no distribution, but will retain their Interest under the Plan.
On the Effective Date, the Debtors will transfer their aggregate
interest in the Real Property and Personal Property to Newtek and
the SBA free and clear of Liens, claims and encumbrances on account
of their respective Allowed Secured Claims. For purposes of
calculating the Pro Rata interest of Newtek and the SBA in the Real
Property and Personal Property, the ascribed value thereof shall be
$14,285,493, which represents the Debtors' costs to purchase and
improve the Real Property and Personal Property, less accumulated
depreciation.
Subject to the occurrence and no later than the Effective Date,
Balcon Salon will cease any and all business operations.
On January 14, 2026, the Court entered an Order granting the
Debtors' motion to fix a combined hearing on the Disclosure
Statement and Plan. Such hearing is scheduled to take place on
March 4, 2026, at 10:00 a.m.
A full-text copy of the Combined First Amended Disclosure Statement
and Plan dated January 14, 2026 is available at
https://urlcurt.com/u?l=hB9eeY from PacerMonitor.com at no charge.
Counsel to the Debtors:
Ilana Volkov, Esq.
David C. McGrail, Esq.
Cynthia L. Botello, Esq.
McGrail & Bensinger, LLP
888-C Eighth Avenue, Suite 107
New York, NY 10019
Phone: (201) 931-6910
E-mail: ivolkov@mcgrailbensinger.com
About Trask Radio LLC
Trask Radio LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D.N.Y. Case No. 25-12431) on Oct. 31,
2025. In its petition, the Debtor estimated assets between $1
million and $10 million and estimated liabilities between $10
million and $50 million.
The Debtor is represented by Ilana Volkov, Esq., of McGrail &
Bensinger LLP.
TRUCK & TRAILER: To Sell Reitnouer Trailers to Interstate 365
-------------------------------------------------------------
Truck & Trailer Leasing Avenue LLC seeks permission from the U.S.
Bankruptcy Court for the Northern District of Illinois, Eastern
Division, to sell Reitnouer trailers, free and clear of liens,
claims, interests, and encumbrances.
The Debtor owns certain trailers that are described in the Bill of
Sale attached as Exhibit A at https://urlcurt.com/u?l=cZrytY
The lienholder of the Property is the Flagstar Financial and
Leasing LLC. The Debtor anticipates that all proceeds will be paid
to Flagstar Financial and Leasing LLC after selling expenses are
paid (if any).
The Debtor requests to sell the Property free and clear of all
liens, with liens to attach to proceeds.
The Debtor wants to sell the Trailers to Interstate 365 LLC for
$320,000.00.
The Trailers shall be sold on an "AS IS" basis, without
representation, warranty or guaranty of any kind, except as
otherwise stated in the Bill of Sale.
The offer submitted by Interstate 365 LLC for the Trailers is the
best offer that Debtor has received to date and the best that will
be received, and the price offered by Interstate 365 LLC
constitutes fair and reasonable consideration for the Trailers. The
current offer represents the best offer in the opinion of the
Debtor.
The Debtor seeks entry of an Order of authorizing the Debtor to
sell the Property to Interstate 365 LLC pursuant to the terms and
conditions of the Bill of Sale.
About Truck & Trailer Leasing Avenue LLC
Truck & Trailer Leasing Avenue LLC specializes in long-distance
freight transportation services, operating in Illinois.
Truck & Trailer Leasing Avenue LLC sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-05906) on
April 16, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Jacqueline P. Cox handles the case.
The Debtor is represented by Saulius Modestas, Esq. at MODESTAS LAW
OFFICES, P.C.
TRUE MADE: Court OKs $370,000 DIP Loan
--------------------------------------
True Made Foods, Inc. got the green light from the U.S. Bankruptcy
Court for the Eastern District of Virginia, Alexandria Division, to
obtain post-petition financing to get through bankruptcy.
The court issued an order authorizing the Debtor to obtain $370,000
in financing from Robin Phelan, the lender and a non-insider,
consistent with the terms set forth in their letter loan
agreement.
The terms of the agreement include the following:
1. The loan bears 15% interest and is payable in five monthly
installments of $64,392.27 beginning February 28 through June 30,
with the remaining balance due July 31.
2. The loan will be secured by a first-priority purchase-money
security interest in inventory purchased with the loan proceeds,
and the related accounts receivable and proceeds.
3. The loan will be guaranteed by Abraham Kamarck, the Debtor's
chief executive officer and sole director.
4. The Debtor will pay a 4% origination fee of $14,800, with
half due at funding and half at maturity.
5. The Debtor will reimburse the lender up to $3,000 for fees
and expenses related to the loan.
6. The lender will receive a warrant to acquire 2% of the shares
of the Debtor (or any successor) at $0.0081 per share, subject to
dilution, exercisable for 10 years from funding.
7. If the lender becomes partially or fully unsecured due to the
Debtor's use of cash collateral, he will hold a super-priority
administrative claim senior to all other administrative claims.
The order is available at https://is.gd/nV6yvC from
PacerMonitor.com.
True Made Foods operates a business producing and distributing
no-sugar condiments such as ketchup and barbecue sauces, and it
urgently needs to replenish its ketchup inventory because its prior
consignment-based financing source, Kickfurther, will not fund
companies in bankruptcy.
The proposed production run consists of 27,689 cases of ketchup at
a total cost of approximately $359,036 and is expected to support
sales from March through June 2026, by which time the Debtor
anticipates confirming a Chapter 11 plan.
About True Made Foods Inc.
True Made Foods, Inc operates a business producing and distributing
no-sugar condiments.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Va. Case No. 25-12269) on October 30,
2025. In the petition signed by Abraham Kamarck, chief executive
officer, the Debtor disclosed up to $500,000 in assets and up to
$10 million in liabilities.
Judge Klinette H. Kindred oversees the case.
Steven B. Ramsdell, Esq., at Tyler, Bartl, & Ramsdell, PLC,
represents the Debtor as legal counsel.
UNIVERSAL DESIGN: To Sell Jacksonville Property to Fuada Velic
--------------------------------------------------------------
Universal Design Solutions, 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 11555 Central Parkway #1002,
Jacksonville, FL 32224.
The Debtor wants to sell the Property to Fuada Velic for the
purchase price of $270,000.
The purchase price was arrived at through arms-length
negotiations.
The Property is encumbered by TD Bank, N.A. and UDS, Inc.
The Debtor seeks to sell the Property free and clear of all liens
and encumbrances.
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.
UNIVERSITY OF HARTFORD: S&P Affirms 'BB+' LT Rating on N/P Bonds
----------------------------------------------------------------
S&P Global Ratings affirmed its 'BB+' long-term rating on
University of Hartford (UHart), Conn.'s series N and P bonds.
The outlook is stable.
S&P said, "We analyzed the university's environmental, social, and
governance factors related to its market position and financial
performance. We view these factors as neutral in our credit rating
analysis.
"The stable outlook reflects our expectation that enrollment and
demand metrics will remain steady, financial operations will remain
near breakeven on a full-accrual basis as endowment draws steadily
decline, and financial resource ratios will remain near current
levels.
"We could revise the outlook to negative or lower the rating if
enrollment and demand metrics significantly deteriorate, if
full-accrual operating deficits continue to an extent that
financial resource ratios materially worsen or available liquidity
substantially declines. We would also view material additional debt
issuance without a commensurate increase in financial resources or
a resumption of covenant compliance issues negatively.
"We could revise the outlook to positive or raise the rating if
enrollment and demand metrics remain stable in line with
management's strategic targets, if full-accrual operating margins
remain near breakeven without reliance on supplemental endowment
draws, and if available liquidity improves substantially while the
average age of plant declines materially."
VEGAS CUSTOM: Unsecured Creditors to Split $40,620 in Plan
----------------------------------------------------------
Vegas Custom Glass LLC filed with the U.S. Bankruptcy Court for the
District of Nevada a First Amended Plan of Reorganization for Small
Business dated January 14, 2026.
The Debtor is a commercial and residential glass installation and
repair company. The Debtor is owned by Vincent Regala (100%
ownership interest.
Prior to filing, the business struggled with rising costs across
materials, labor, and operations due to widespread supply chain
issues and inflation, while being unable to sufficiently increase
pricing on existing contracts, resulting in shrinking profit
margins. Additionally, the company experienced unusually long
delays in receiving payments from commercial construction clients,
with collection periods far exceeding normal timelines and creating
serious cash flow problems.
Consequently, management decided to file for Chapter 11 protection
under Subchapter V to reorganize their debts, streamline
operations, and continue business activities while working toward a
more financially stable future. This includes transitioning away
from commercial projects and focusing exclusively on residential
projects.
The Plan proposes that the Debtor set aside $6,000.00 per month for
60 months, totaling $360,000.00. The source of the plan funding is
from business operations, sale of superfluous business assets, and
capital contributions from Mr. Regala as needed.
Class 3 consists of all non-priority uunsecured claims. All
unsecured non-disputed claims shall divide a total pot of
$40,620.64 on a pro rata basis totaling 1.649839476234989% of each
allowed claim.
Class 4 consists of equity security holders of the Debtor. The
equity security holder, the Debtor's member, shall retain all
current interests.
The means for implementation shall come from business operations,
sale of unencumbered assets and capital contributions from Mr.
Regala as needed.
A full-text copy of the Plan of Reorganization dated January 14,
2026 is available at https://urlcurt.com/u?l=7ZWIn5 from
PacerMonitor.com at no charge.
Counsel to the Debtor:
James T. Leavitt, Esq.
LEAVITT LEGAL SERVICES, P.C.
601 South 6th Street
Las Vegas, NV 89101
Telephone: (702) 385-7444
Facsimile: (702) 385-1178
E-mail: jamestleavittesq@gmail.com | leavittecf@gmail.com
About Vegas Custom Glass
Vegas Custom Glass, LLC provides glass and mirror services in Las
Vegas, Nevada. The Company offers custom showers, frameless shower
doors, storefront glass, glass repairs, and wine room enclosures
for residential and commercial clients. It is licensed, bonded,
insured, and accredited by the Better Business Bureau.
Vegas Custom Glass, LLC in Las Vegas, NV, sought relief under
Chapter 11 of the Bankruptcy Code filed its voluntary petition for
Chapter 11 protection (Bankr. D. Nev. Case No. 25-13929) on July 9,
2025, listing $298,039 in assets and $1,205,768 in liabilities.
Vincent Regala as owner, signed the petition.
LEAVITT LEGAL SERVICES, P.C. serve as the Debtor's legal counsel.
VISIONWRIGHTS: Files Emergency Bid to Use Cash Collateral
---------------------------------------------------------
VisionWrights, LLC asks the U.S. Bankruptcy Court for the Northern
District of Georgia, Atlanta Division, for authority to use cash
collateral and provide adequate protection.
The Debtor requests interim and final approval to use cash
collateral strictly for ordinary-course operational and
administrative expenses as outlined in its proposed budget. It
argues that immediate use of cash collateral is necessary to
prevent shutdown and loss of asset value before a final hearing can
be held.
To protect the interests of the lenders, the Debtor proposes
granting replacement liens on post-petition collateral of the same
type, extent, and priority as any valid pre-bankruptcy liens,
excluding proceeds from avoidance actions.
Formed in 2018 and wholly owned by Mark Ziler, VisionWrights is a
data, analytics, and AI consulting firm that relied increasingly on
short-term, high-cost financing beginning in 2022 to manage
cash-flow gaps. Although the Debtor prioritized timely repayment
and continued servicing clients, a severe medical emergency
involving the owner's teenage son in late 2023 significantly
reduced management availability at a critical time. Combined with
delayed receivables, underperforming sales investments, and broader
market challenges, the accumulated high-interest debt became
unsustainable, leading to the bankruptcy filing as a means to
reorganize and preserve the business.
The Debtor describes its complex pre-bankruptcy financing structure
involving multiple merchant cash advance providers and lenders that
may assert liens on its cash collateral, including the U.S. Small
Business Administration, Cadence Bank, and several private
financing entities.
Due to the manner in which UCC-1 financing statements were filed
through third-party servicers, the Debtor cannot yet determine lien
priority with certainty, though it believes the SBA holds a
first-priority position based on the earliest filing. The Debtor
acknowledges that certain revenues constitute cash collateral under
the Bankruptcy Code and that these lenders may claim interests in
those funds, but it is not aware of any other creditors asserting
such interests.
A copy of the motion is available at https://urlcurt.com/u?l=tBRrYb
from PacerMonitor.com.
About VisionWrights LLC
VisionWrights, LLC is a creative services firm offering marketing,
branding, and digital content solutions to businesses. It focuses
on developing strategies and materials that strengthen brand
presence and engage target audiences.
VisionWrights sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. Case No. 26-50440) on January 9, 2026. In its
petition, the Debtor reported between $100,001 and $1 million in
assets and between $1 million and $10 million in liabilities.
Honorable Bankruptcy Judge Sage M. Sigler handles the case.
The Debtor is represented by Will B. Geer, Esq., at Rountree
Leitman Klein & Geer, LLC.
W.R. GRACE: S&P Rates Proposed $500MM Senior Secured Notes 'B-'
---------------------------------------------------------------
S&P Global Ratings assigned its 'B-' issue-level rating and '3'
recovery rating to W.R. Grace Holdings LLC's proposed $500 million
senior secured notes due 2033. The '3' recovery rating indicates
its expectation for meaningful (50%-70%; rounded estimate: 60%)
recovery in the event of a payment default.
S&P said, "We expect the company will use the proceeds from these
notes to repay its existing senior secured notes due 2027.
Therefore, we expect the transaction will be leverage neutral and
not materially affect W.R. Grace's credit metrics." However, the
transaction will alleviate the company's refinancing risk for at
least the next few years. Once the 2027 notes are repaid, W.R.
Grace's nearest maturity will be in 2029.
Overall, the company's leverage was relatively stable in 2025,
despite a 12% decrease in its company-adjusted EBITDA, primarily
due to the $650 million of total equity contributed by Standard
Industries. W.R. Grace's weaker earnings in 2025 stemmed from
softer demand in its Performance Catalyst Solutions (PCS) segment,
primarily due to polyolefin catalyst inventory drawdowns by its
petrochemical customers as they continue to confront trough margins
and lower operating rates amid industry overcapacity. S&P said, "We
don't expect a significant inventory rebuild in the foreseeable
future, given our downbeat outlook for petchem industry
profitability. However, the demand for W.R. Grace's polyolefin
catalysts has stabilized in recent quarters and we don't anticipate
any further deterioration in 2026. Fluid catalytic cracking (FCC)
catalyst volume has remained stable, and we anticipate it will
continue to benefit from steady refining margins and transportation
fuel demand." In addition, the company's Advanced Refining
Technologies (ART) business, fully owned as of November 2025, will
likely generate modest EBITDA and contribute positive free cash
flow over the next 12 months, though it will negatively impact its
margins due to the catalyst's high metals content. In materials
technologies, earnings remain weak, due to the segment's exposure
to coatings and plastics, and we don't expect a material
improvement in 2026.
All our existing ratings on Grace--including S&P's 'B-' issuer
credit rating and stable outlook, 'B-' issue-level rating on its
senior secured debt, and 'CCC' issue-level rating on its senior
unsecured notes--are unchanged.
Issue Ratings--Recovery Analysis
Key analytical factors
-- S&P's 'B-' issue-level rating on the company's senior secured
debt, including its revolving credit facility and senior secured
notes, is unchanged. Its '3' recovery rating is also unchanged,
indicating its expectation for meaningful (50%-70%; rounded
estimate: 60%) recovery in the event of a payment default.
-- The borrower under the senior secured credit facility is W.R.
Grace Holdings LLC, with subsidiary guarantees provided by each
direct and indirect, existing, and future materially wholly owned
restricted domestic subsidiary, in addition to a parent guarantee
by W.R. Grace Midco Holdings LLC.
-- The facility is secured by a first-lien security interest in
substantially all property of the borrower and guarantors and ranks
pari passu with the senior secured notes. In addition to W.R. Grace
Holdings LLC, the revolver facility includes subsidiary W.R. Grace
& Co.-Conn as a coborrower.
-- S&P's 'CCC' issue-level rating and '6' recovery rating on the
company's senior unsecured notes are also unchanged. The '6'
recovery rating indicates its expectation for negligible (0%-10%;
rounded estimate: 5%) recovery.
Simulated default assumptions
-- S&P's simulated default scenario considers an extended global
economic recession, rising raw material costs, and intensifying
competition that result in financial distress for the company if
the conditions continue for an extended period and it materially
exhausts its liquidity to fund its cash shortfalls.
-- $425 million revolver is 85% utilized.
-- Six months of accrued and unpaid interest on all funded debt.
-- All scheduled principal amortization made up until the year of
default.
-- S&P said, "We estimate a $2 billion gross recovery value
assuming emergence EBITDA of $326 million and a 6x multiple. We
anticipate the company would cut costs and rationalize its business
such that its profitability generally normalizes. Our 6x multiple
reflects the company's large market share and long-established
operating platform in specialty chemicals."
-- Year of default: 2027
-- EBITDA at emergence: $326 million
-- Implied enterprise value multiple: 6x
Simplified waterfall
-- Gross recovery value: $1.959 billion
-- Less assumed estimated unfunded pension claims: $162 million*
-- Adjusted gross recovery value: $1.797 billion
-- Less 5% administration expense: $90 million
-- Net recovery value (after 5% administrative expenses): $1.707
billion
-- Valuation split (guarantor/nonguarantor): 60%/40%
-- Less unpledged 35% of foreign subsidiary stock: $225 million
-- First-lien recovery (including recovery on deficiency claims):
$1.593 billion
-- First-lien debt outstanding at default: $2.619 billion
--First-lien recovery expectations: 50%-70% (rounded estimate:
60%)
-- Unsecured recovery: $225 million
-- Total unsecured claims: $2.318 billion
--Unsecured recovery expectations: 0%-10% (rounded estimate:
5%)
*S&P assumes unfunded pension claims of $54 million domestic and
$107 million foreign. All debt amounts at default include six
months of accrued prepetition interest. Collateral value includes
asset pledges from obligors (after priority claims), including
equity pledges (subject to a limit of 65% of foreign stock
pledges).
WATCHTOWER FIREARMS: Updates Liquidating Plan Disclosures
---------------------------------------------------------
Watchtower Firearms LLC submitted a Revised First Amended
Disclosure Statement for First Amended Plan of Liquidation dated
January 15, 2026.
The Debtor believes the Plan maximizes value for all stakeholders.
The Plan contemplates a liquidation and wind down of the Debtor's
estate to provide distributions to creditors in accordance with the
absolute priority rule and certain settlements provided for in the
Plan in the most efficient and expeditious manner possible.
The Revised First Amended Disclosure Statement does not alter the
proposed treatment for unsecured creditors and the equity holder:
* Class 2 consists of General Unsecured Claims. Except to the
extent that a holder of an Allowed General Unsecured Claim agrees
to less favorable treatment of such Claim, in full and final
satisfaction, settlement, release, and discharge of such Allowed
General Unsecured Claim, on or prior to the Effective Date, each
such holder shall receive its Pro Rata right to recovery from the
Liquidation Trust, in the priority set forth in the Liquidation
Trust Agreement. This Class will receive a distribution of 100% of
their allowed claims. Class 2 is impaired. The allowed unsecured
claims total $4,700,000.00.
* Class 3 consists of Unsecured Liquidated Claims by
Interestholders. Except to the extent that a holder of an Allowed
Unliquidated Unsecured Claim agrees to less favorable treatment of
such Claim, in full and final satisfaction, settlement, release,
and discharge of such Allowed liquidated or unliquidated Unsecured
Claim of an Interestholder, on or prior to the Effective Date, each
such holder shall receive its Pro Rata right to recovery from the
Liquidation Trust, in the priority set forth in the Liquidation
Trust Agreement. Class 3 is impaired. The amount of claim in this
Class total $3,448,000.00.
* Class 5 consists of Interest of Interestholders. Effective
Date, all Interests in the Debtor shall be canceled, released and
extinguished, and will be of no further force or effect, but in
full and final satisfaction, settlement, release, and discharge of
such Interests, on or prior to the Effective Date, each such holder
shall be entitled to no recovery under the Plan until all prior
Classes are paid in full (except for Class 4). The amount of claim
in this Class total $21,000,000.00.
On the Liquidation Trust Establishment Date, Steven Bellah of KCP
Advisory Group, LLC will be appointed as the liquidating trustee
(the "Liquidation Trustee") to carry out the liquidation and
disposition of the Liquidation Trust Assets. The terms of the
Liquidation Trustee's engagement shall be acceptable to the Debtor,
and the Creditors' Committee. The terms of the Liquidation Trust
will establish the terms and conditions of the Liquidation Trust,
the rights of, and limitations on, the Liquidation Trust Interests,
and pursuant to which the Liquidation Trustee shall manage and
administer the Liquidation Trust Assets, and will be in form and
substance mutually agreeable to the Debtor.
Pursuant to the terms of the Plan, the Liquidation Trust will have
the following beneficiaries (a) the holders of Allowed General
Unsecured Claims, (b) the Interestholders with Liquidated Allowed
Unsecured Claims (the "Trust Beneficiaries") and (c) potentially
Interestholders who support the Plan.
Based on the Liquidation Trust Budget, which has been approved by
Buyer, the Debtor and Creditors' Committee, the Buyer agrees to
fund the Liquidation Trust, as soon as practicable after the
Effective Date, with $225,000.00 in cash consideration, provided
that the Liquidation Trustee is appointed. Having served as the
Chief Restructuring Officer of the Debtor during the Chapter 11
Case, the Liquidation Trustee is very familiar with the facts
surrounding the Retained Causes of Action, including the claims
against Dion Podgurny and F-1 Firearms, LLC, asserted by the Debtor
in Adversary Case.
The Chief Restructuring Officer has played a critical role
assisting the Debtor to navigate throughout this Chapter 11 Case,
including obtaining post-petition financing, selling the Debtor's
assets and initiating the Adversary Proceeding.
A full-text copy of the Revised First Amended Disclosure Statement
dated January 15, 2026 is available at
https://urlcurt.com/u?l=mkYGrC from PacerMonitor.com at no charge.
Watchtower Firearms LLC is represented by:
H. Joseph Acosta, Esq.
Jeff Carruth, Esq.
Aimee E. Marcotte, Esq.
CONDON TOBIN
8080 Park Lane, Suite 700
Dallas, TX 75231
Tel: (214) 265-3852
Fax: (214) 265-6311
Email: jacosta@condontobin.com
About Watchtower Firearms LLC
Watchtower Firearms LLC is a veteran-owned company offering a
diverse range of firearms, including custom rifles, special edition
rifles, and handguns. The Company serves military, law enforcement,
hunting, and personal use markets. In addition to firearms, it
provides suppressors, components, and specialized gear tailored to
meet the needs of its customers.
Watchtower Firearms LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 25-40684) on Feb. 27,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Judge Mark X. Mullin oversees the case.
Joseph Acosta, Esq., at CONDON TOBIN, is the Debtor's counsel.
WHITE ROCK MEDICAL: Seeks Chapter 11 Bankruptcy in Texas
--------------------------------------------------------
On January 20, 2026, White Rock Medical Center 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 $50 million and $100 million in debt owed to approximately
1,000 to 5,000 creditors.
About White Rock Medical Center LLC
White Rock Medical Center LLC operates a healthcare facility
providing medical and hospital services to patients in Texas.
White Rock Medical Center LLC sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. Case No. 26-90115) on January 20,
2026. In its petition, the debtor reports estimated assets ranging
from $10 million to $50 million and estimated liabilities between
$50 million and $100 million.
Honorable Bankruptcy Judge Christopher M. Lopez handles the case.
The debtor is represented by Omar Jesus Alaniz, Esq. of Reed Smith
LLP.
WHITEHALL PHARMACY: Seeks to Use Cash Collateral
------------------------------------------------
Whitehall Pharmacy, LLC asks the U.S. Bankruptcy Court for the
District of Arkansas for authority to use cash collateral and
provide adequate protection.
The Debtor operates a network of pharmacies serving approximately
80,000–90,000 patients across Pulaski, Lincoln, and Jefferson
counties, employing about 40 staff.
The Debtor requests immediate access to cash collateral including
cash on hand, accounts receivable, and proceeds from encumbered
inventory, subject to liens asserted by secured creditors Stone
Bank and Cardinal Health, to fund ongoing operations, payroll, and
necessary expenses while preserving going-concern value. The
Debtor's prior authority to use cash collateral, under the second
amended cash collateral order, expired on December 31, 2025.
Operational challenges have arisen, including the Debtor's
president requiring neck surgery and the disengagement of its
former accountants, prompting the employment of Independent RX
Consulting, LLC to maintain accurate financial records. The
Debtor's Chapter 11 filing was prompted by a disputed litigation
claim exceeding $1.4 million from Jefferson Regional Medical
Center, which the Debtor contests.
The Debtor identifies Stone Bank and Cardinal Health as the only
creditors asserting interests in the cash collateral, with
respective secured claims estimated at $1.2 million and $1.1–$1.4
million.
Adequate protection proposed includes replacement liens on
post-petition collateral, continuation of ordinary-course debt
service, ongoing reporting and compliance with monthly operating
reports, maintenance of insurance, payment of taxes and utilities,
and adherence to terms similar to the second amended cash
collateral order.
The Debtor requests an interim order effective January 1, 2026, to
prevent disruption of pharmacy operations, and an expedited
preliminary hearing under Fed. R. Bankr. P. 4001(b) to authorize
continued use of cash collateral while scheduling a final hearing
for full approval.
The Debtor emphasizes that without access to cash collateral,
operations, patient care, and reorganization efforts would suffer
immediate and irreparable harm.
A copy of the motion is available at https://urlcurt.com/u?l=1NQn3b
from PacerMonitor.com.
About Whitehall Pharmacy LLC
Whitehall Pharmacy, LLC operates pharmacies in multiple locations
in Arkansas.
Whitehall Pharmacy sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Ark. Case No. 25-12406) on July 21,
2025, listing between $1 million and $10 million in assets and
liabilities. Floyd Lelan Stice, company owner, signed the
petition.
Judge Phyllis M. Jones oversees the case.
The Debtor tapped Charles Darwin Davidson, Sr., Esq., at Davidson
Law Firm, as bankruptcy counsel and Sykes & Company, P.A. as
accountant.
WISCONSIN LLC: Involuntary Chapter 11 Case Summary
--------------------------------------------------
Alleged Debtor: Wisconsin LLC
101 Juneau Street
Elroy WI 53929
Involuntary Chapter
11 Petition Date: January 22, 2026
Court: United States Bankruptcy Court
Western District of Wisconsin
Case No.: 26-10109
Petitioners' Counsel: Jonathan Goodman, Esq.
500 East Lake View Avenue
Milwaukee WI 53217
Tel: 414-460-0210
Email: jonathanvgoodman@gmail.com
A full-text copy of the Involuntary Petition is available for free
on PacerMonitor at:
https://www.pacermonitor.com/view/LZNZ35Q/Wisconsin_LLC__wiwbke-26-10109__0001.0.pdf?mcid=tGE4TAMA
Alleged creditors who signed the petition:
Petitioner Nature of Claim Claim Amount
TK Machine LLC Machinery $26,361
29901 Northland Avenue
Elroy WI 53929
Marson's Milk Dairy Product $10,675
Matin's Bulk Milk Service Inc.
101 Water Street
Wilton WI 54670
Lindemann Hauling Inc. Trucking $9,050
421 South Main Street
Elroy WI 53929
Printing Solutions, Inc. Printing $2,024
P.O. Box 17916
Clearwater WI 33762
WGS & LTG Holdings Rent $68,915
3285 Industrial Road
Richfield WI 53076
Wisconsin, Inc. Rent $403,174
3285 Industrial Road
Richfield WI 53076
ZAMA&ZAMA INC: Income & New Value Contribution to Fund Plan
-----------------------------------------------------------
Zama&Zama Inc. filed with the U.S. Bankruptcy Court for the
District of Nevada a Disclosure Statement to accompany Plan of
Reorganization dated January 14, 2026.
As of the Petition Date, the Debtor operated twelve Karma & Luck
retail stores located in various malls throughout the country,
which stores sell jewelry and home décor items including signature
pieces engraved with precious gemstones and symbols for
spirituality, harmony, and good karma.
The Debtor has been in business since 2016. Vladi Bergman serves as
the Debtor's President and Chief Executive Officer, and he also
owns 91% of the company's stock. Like many retail businesses, the
Debtor’s revenue is highly seasonal, with it generally earning a
substantial amount of its total gross revenue for the year in
November and December Holiday Season.
The Debtor filed for bankruptcy to restructure about several
million in secured claims, including a working capital loan with
Bank of America, financing from Shopify, and various equipment and
receivables financing arrangements. The Debtor also filed for
bankruptcy to address about $800,000 in rent arrearages owed to its
various landlords, and about $4 million in general unsecured
claims, about $2.5 million of which is owed to Settle, Inc., a
funder of consumer-packaged goods companies.
Class 12 consists of Allowed General Unsecured Claims. Except to
the extent that a Creditor with an Allowed General Unsecured Claim
agrees to less favorable treatment, Holders of Class 12 Allowed
Claims shall receive, in full and final satisfaction of their
claims their Pro Rata share of a New Value Contribution from a
third-party funding source in the total amount of $225,000, or such
other greater amount the Court may require at the Confirmation
Hearing as consistent with applicable law and the facts,
circumstances and equities of this case, which sum shall be payable
within thirty days of the Effective Date or such Claim being
Allowed. Class 12 is Impaired under the Plan.
Class 13 consists of Holders of Equity Interests. Holders of Class
13 Equity Interests shall retain their Equity Interests in the
Debtor, but subject to the terms of the Plan. Class 13 is
Unimpaired under the Plan.
The Plan shall be funded by two principal means: (a) the Debtor’s
cash on hand and projected income; and (b) the New Value
Contribution.
On and after the Effective Date, all of the Debtor's assets shall
vest in the Reorganized Debtor, and the Reorganized Debtor shall
continue to exist as a separate entity in accordance with
applicable law. The Debtor's existing articles of incorporation and
by-laws (as amended, supplemented, or modified) shall continue in
effect for the Reorganized Debtor following the Effective Date,
except to the extent that such documents are amended in conformance
with the Plan or by proper corporate action after the Effective
Date.
A full-text copy of the Disclosure Statement dated January 14, 2026
is available at https://urlcurt.com/u?l=1PvUET from
PacerMonitor.com at no charge.
Counsel to the Debtor:
Matthew C. Zirzow, Esq.
Larson & Zirzow, LLC
850 E. Bonneville Ave.
Las Vegas, NV 89101
Telephone: (702) 382-1170
Facsimile: (702) 382-1169
E-mail: mzirzow@lzlawnv.com
About Zama&Zama Inc.
Zama&Zama Inc. doing business as Karma and Luck, operates a retail
business specializing in spiritual jewelry and home decor. Its
product offerings include bracelets, necklaces, solid gold pieces,
earrings, rings, charms, and anklets, as well as Tree of Life
displays, ceramic decor, sage kits, wooden home blessings, large
ceramics, and singing bowls. The Company is based in Las Vegas,
Nevada, and sources its merchandise internationally, including from
India and China.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Nev. Case No. 25-13501) on June 18,
2025. In the petition signed by Vladi Bergman, president and chief
executive officer, the Debtor disclosed up to $10 million in both
assets and liabilities.
Judge August B. Landis oversees the case.
Matthew C. Zirzow, Esq., at Larson & Zirzow, LLC, represents the
Debtor as legal counsel.
ZELIS HOLDINGS: S&P Alters Outlook to Positive, Affirms 'B' ICR
---------------------------------------------------------------
S&P Global Ratings revised its outlook on Zelis Holdings L.P. to
positive from stable and affirmed its 'B' ratings on the company.
The positive outlook reflects S&P's expectation of sustained
profitable growth, with improvement in the company's credit metrics
through 2026.
Zelis is benefiting from sustained revenue growth, improved scale,
and strong EBITDA margins. Because of these factors, cash flow
generation is improving, and leverage is expected to decline
through 2026.
The affirmation of the ratings and the revision of the outlook to
positive reflects Zelis' growing and increasingly well-established
market presence. S&P said, "We believe Zelis has steadily
strengthened its competitive position by expanding its customer
base and deepening its presence across its product segments. As a
result, we revised our assessment of its business risk profile to
fair from weak."
S&P said, "The rating action also reflects our view that the
company's financial risk profile remains constrained by high
financial leverage (with pro forma debt to EBITDA of 5.7x for the
12 months that ended with third-quarter 2025, per our
calculations). This limits its financial flexibility and encumbers
its cash flow resources.
"Our updated forecast reflects its reliance on internally generated
cash flow to support growth, which we expect will be organically
driven. We expect a stable EBITDA margin, and we expect revenue of
$2.5 billion-$2.6 billion in 2026 (compared with revenue of $1.2
billion in 2022, suggesting a compound annual growth rate of about
22% over four years). This will lead to sustained improvement in
the company's credit metrics.
"However, our conviction about whether it can sustain this trend is
constrained by the possibility of another credit-eroding
dividend-based recapitalization. We expect that Zelis will remain a
sponsor-controlled company. But it has materially scaled up its
operations and valuation over the past few years, and we believe
there's growing potential for alternative capital sourcing (that
is, new equity via an initial public offering) as well as a
corresponding shift in financial policy. This would lead to a less
debt-intensive capital structure, prospectively.
"The positive outlook reflects our expectation that Zelis will see
top-line growth, driven primarily by organic development (with
modest support from tuck-in acquisitions). If Zelis were to meet
our performance expectations, we'd expect debt to EBITDA of
4.5x-5.0x and EBITDA interest coverage of 3.0x-3.5x by year-end
2026.
"We could revise the outlook to stable if operating performance
were to meaningfully deteriorate relative to our expectations or if
the company were to materially alter its capital structure (perhaps
in connection with a material transaction involving a dividend
payment, a change in ownership, or the pursuit of a more aggressive
acquisition-oriented growth strategy).
"We believe that such developments would likely result in
meaningful deterioration of Zelis' credit metrics relative to our
baseline (run-rate) expectation through 2026. This would likely
push financial leverage (debt to EBITDA) above 7.5x and coverage
below 2.0x on a sustained basis."
S&P could raise the ratings on Zelis over the next 12 months if:
-- The company were to meet S&P's expectations for growth and
performance;
-- The company were to maintain at least adequate liquidity, per
S&P's assessment; and
-- Financial leverage were to diminish sustainably below 5.0x and
EBITDA coverage were to sustainably be above 3.0x (indicating a
shift in the company's financial policy mindset).
*********
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