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T R O U B L E D C O M P A N Y R E P O R T E R
Friday, June 5, 2026, Vol. 30, No. 156
Headlines
1 SOURCE: Seeks Approval to Hire Ritchie Bros. as Auctioneer
125 BERCKMAN: Seeks to Hire Middlebrooks Shapiro PC as Attorney
2235 CASTOR: Case Summary & Two Unsecured Creditors
3E EIGHT: Seeks to Tap Aubrey Rudd as General Bankruptcy Counsel
527 ALMONESSON: Order Vacating Final Judgment in MMG Case Affirmed
5500 ROWLETT: Voluntary Chapter 11 Case Summary
6D BYTES: IndigoSpireCPA Raises Going Concern Doubt
ABBEY GROUP: Commences Chapter 11 Bankruptcy in Pennsylvania
AG RECYCLING: Amends STL Bank Secured Claim Pay
ALERA GROUP: Moody's Assigns B3 CFR, Outlook Stable
ALL SEASONS: Claims to be Paid from Rental Income
ALTA LOMA: Seeks to Hire Dynasty Real Estate as Real Estate Broker
AMERICAN TRAILER: S&P Downgrades ICR to 'CCC+', Outlook Negative
ANDERSON HAY: Hearing Today on Bid to Use Cash Collateral
ANOINTED TOUCH: Plan Filing Deadline Extended to June 25
APTOSE BIOSCIENCES: Gets $2 Million Hanmi Advance
ARCHITECTURAL GLAZING: Hires FoxLaw Corp as Bankruptcy Counsel
ARCHITECTURAL GLAZING: Hires Jones & Walden LLC as Legal Counsel
ASCENSUS GROUP: $500MM Loan Add-on No Impact on Moody's 'B3' CFR
AT THE CROSS: Seeks to Tap Daniel J. Winfree as Bankruptcy Counsel
ATI INC: S&P Rates Proposed $450MM Senior Unsecured Notes 'BB'
ATI INC: S&P Rates Proposed $450MM Senior Unsecured Notes 'BB'
AVIS BUDGET: Moody's Rates New $300MM Senior Unsecured Notes 'B1'
B & C PARTNERS: Unsecureds to Recover 100% over 60 Months
BATCH INC: Court Extends Cash Collateral Access to July 9
BCI FINANCES: Foreign Representative Can Compel Discovery
BELDEN INC: S&P Alters Outlook to Negative, Affirms 'BB' ICR
BELLA TUSCANY: Gets OK to Use Cash Collateral Until June 10
BET MIDRASH: Plan Exclusivity Period Extended to Sept. 16
BITCOIN DEPOT: Gets Interim OK to Use Cash Collateral
BITCOIN DEPOT: Judge Backs July Sale Plan for Bitcoin Kiosk Firm
BLUE ONYX: Seeks Cash Collateral Access
BRAVO BRIO: Restaurants Down from 130 to 38
BRAZAS CHICKEN: Seeks Subchapter V Bankruptcy in Florida
BRD LAND: Committee Hires IslandDundon LLC as Financial Advisor
BRIGHTLINE TRAIN: Pursues Ch. 11 Funding While Searching for Buyer
BROADWAY FORD: Hires Carmody MacDonald P.C. as Bankruptcy Counsel
BYSTOL PERFORMANCE: Seeks to Hire Joel A. Schechter as Counsel
CANNON'S CLASSIC CARS: Hires Workman Nydegger as General Counsel
CARDIFF ONCOLOGY: Disputes License Termination Notice
CARNITAS EL: Commences Chapter 7 Bankruptcy in Arizona
CAROLINA FITNESS: Unsecureds Will Get 1% to 5% of Claims
CARR'S PLUMBING: Seeks to Hire Tax Pros Inc as Accountant
CASA SOUTH: Gets Interim OK to Use Cash Collateral
CASA SOUTH: Seeks to Hire RK Pruitt Law Firm LLC as Attorney
CERO THERAPEUTICS: Sells $937,500 Convertible Note
CES ENERGY: S&P Rates Proposed C$300MM Senior Unsecured Notes 'B+'
CHEESE SHOP: Case Summary & 20 Largest Unsecured Creditors
CID HOLDCO: Issues $287,500 Note, Starts Furlough
CLEAN ENERGY: Gets Nasdaq Notice Over Late 10-Q
CLEVELAND INSTITUTE OF ART: S&P Affirms 'BB' Rating on Rev. Bonds
CLINTWOOD JOD: Committee Hires Province LLC as Financial Advisor
COMPUTE NORTH: Court Narrows Claims in Tribolet Adversary Case
CONDOMINIUM BOARD: Court Won't Dismiss Bankruptcy Case
CONFLUENCE CORPORATION: Unsecureds Will Get 6.3% in 3 Years
COSCIENS BIOPHARMA: Deloitte LLP Raises Going Concern Doubt
COSWMP LTD: Kevin Neiman Named Subchapter V Trustee
CP ATLAS: Moody's Cuts CFR to Caa1, Outlook Negative
CPM HOLDINGS: S&P Withdraws 'B-' Issuer Credit Rating
CPV MARYLAND: Moody's Hikes Rating on Senior Secured Debt to Ba2
CRUZ TEC: Seeks to Hire Andrews Myers P.C. as Bankruptcy Counsel
CYCURION INC: To Buy Secuvant for $2.88 Million
DANIEL TRUCKING: Cash Collateral Hearing Set for June 24
DECOR HOLDINGS: Order Vacating Judgment in Ryniker Case Annulled
DIOCESE OF OAKLAND: Creditors Seek Access to Ch. 11 Voting Records
DMLP LLC: Case Summary & Five Unsecured Creditors
DOLCHE TRUCKLOAD: Cash Collateral Hearing Set for June 24
DONALD KELLY: Deadline for Panel Questionnaires Set for June 8
EDGAR BENJAMIN: CEO Sentenced to 6 Months for Financial Misconduct
EEW AMERICAN: Seeks to Hire Hilco Corporate as Investment Banker
EEW AMERICAN: Seeks to Tap Connell Foley LLP as Bankruptcy Counsel
EEW AMERICAN: Taps Tom Pratt of Applied Business Strategy as CRO
ELVICTOR GROUP: RBSM Raises Going Concern Due to Operating Losses
EMERA US: Fitch Affirms 'BB+' Rating on Junior Subordinated Debt
EMUNDSON INC: Seeks to Hire Wipfli Advisory LLC as Accountant
EP WEALTH: Moody's Rates New Sr. Secured First Lien Term Loan 'B2'
ESCO TECHNOLOGIES: S&P Assigns 'BB' ICR, Outlook Stable
FARMERS COOPERATIVE: Seeks to Hire Gary R. More as Appraiser
FAT BRANDS: Plan Exclusivity Period Extended to Aug. 24
FERRARA BUILDING: Paula Beran Named Subchapter V Trustee
FIRST EAGLE: Fitch Rates 7.2% Senior Secured Notes Due 2032 'BB-'
GORDON VENTURE: Voluntary Chapter 11 Case Summary
GRACE LIMOUSINE: Court Extends Cash Collateral Access to Aug. 28
GRAVITAS NW: Seeks to Hire Walton Law Group LLC as Attorney
GUNTER LAND: Hires Bonds Ellis Eppich Schafer Jones LLP as Counsel
GVS HOSPITALITY: Seeks Subchapter V Bankruptcy in New York
HAPPYNEST REIT: Assurance Dimensions Raises Going Concern Doubt
HARRISBURG PARKING: Moody's Cuts Rating on 2013 Parking Bond to Ba3
HARRISON BY RENZZI: Amends Plan to Include Disputed Unsecured Claim
HERITAGE GROCERS: Moody's Cuts CFR to Caa2, Outlook Stable
HI SIGN BREWING: Case Summary & 20 Largest Unsecured Creditors
HONEY BRANDS: Hires Law Offices of Joel A. Schechter as Counsel
HPC MOTORSPORTS: Case Summary & Largest Unsecured Creditors
HUBILU VENTURE: M&K CPAS Raises Going Concern Doubt Over Losses
INTEGRAGEN: Plans to Seek Receivership to Stabilize Finances
INTEGRATED ENDOSCOPY: Taps Christopher E. Vossman as Accountant
IQVIA INC: S&P Rates Euro-Denominated Senior Unsecured Notes 'BB'
J.B. POINDEXTER: Moody's Alters Outlook on 'B1' CFR to Negative
JACQUELINE D MOORE: Has Deal on Cash Collateral Access
JN GRIFFIN: Stanley Bond Named Subchapter V Trustee
JOHN STOCKWELL: Rodey Firm Loses Bid to Stay Bankruptcy Proceedings
JOSHUA MASSINGILL: Seeks to Hire Cormier & Rea Inc. as Accountant
JSM PROPERTIES: Case Summary & Three Unsecured Creditors
LIFE LINE PLUMBING: Files Emergency Bid to Use Cash Collateral
LIGHTEN UP: Gets Interim OK to Use Cash Collateral
LOYD HAVE: Seeks Chapter 11 Bankruptcy in Florida
M&S OILFIELD: Unsecured Creditors to Split $58K over 5 Years
MADRONE-FLORIDA TECH: S&P Affirms 'BB' Rating on 2025A-B Rev Bonds
MAGENTA BUYER: Moody's Alters Outlook on 'Caa2' CFR to Negative
MALO ES NA: Seeks Subchapter V Bankruptcy in Puerto Rico
MARAGAL MEDICAL: Gets Interim OK to Use Cash Collateral
MAYS & JEUNE: Seeks to Hire Jill M. Flinton CPA PLLC as Accountant
MIRACLE RESTAURANT: Court Narrows Claims in Iris Associates Case
MIYOSHI AMERICA: Secures Court OK for Chapter 11 Bankruptcy Plan
MORVATT ENTERPRISES: Trustee Files Liquidating Plan
MOTIVO: Exits Receivership After Sold to Board Member's New Firm
MOUNTAIN REGIONAL: Seeks to Extend Plan Exclusivity to June 16
MYSTICAL STARS: To Sell Denville Property to Steven DiSarro
NAVA HEALTH: Seeks 120-Day Extension of Plan Filing Deadline
NEW ENVIRI: S&P Affirms 'B+' ICR Then Withdraws Rating
NGUYEN WIN: Lender Seeks to Prohibit Cash Collateral Access
NTI BUYER: S&P Assigns 'B+' Issuer Credit Rating, Outlook Stable
ORIGIN FOOD: Plan Exclusivity Period Extended to June 10
ORTHO MATTRESS: Case Summary & 20 Largest Unsecured Creditors
OUTFRONT MEDIA: S&P Rates New $500MM Senior Unsecured Notes 'B+'
PBF HOLDING: Fitch Rates Proposed Sr. Unsecured Notes 'BB'
PBF HOLDING: Moody's Rates New Senior Unsecured Notes 'B1'
PEARL CAPITAL: Case Summary & Two Unsecured Creditors
PERFORMANCE CONSULTING: Case Summary & 20 Top Unsecured Creditors
PHOENIX PRIDE: Seeks Chapter 11 Bankruptcy in Arizona
PHOENIX RISING: Case Summary & 20 Largest Unsecured Creditors
PLUTUS PROPERTIES: Case Summary & Four Unsecured Creditors
POINCIANA PERSONAL: Gets OK to Use Cash Collateral Until July 22
PRINTED MINT: Seeks to Hire Guidant Law PLC as Bankruptcy Counsel
PSCD TRINITY: Gets Court OK to Use Cash Collateral
QUARTZ ACQUIRECO: Moody's Cuts CFR to B3, Alters Outlook to Stable
QUOTEMEDIA INC: MNP LLP Raises Going Concern Doubt
RAD DIVERSIFIED: Court OKs Idaho Property Sale at Auction
RAISING CANE'S: Fitch Affirms 'BB-' LongTerm IDR, Outlook Stable
RAISING CANE'S: Moody's Rates New $500MM First Lien Term Loan 'B1'
RAVEN RHAPSODY: Case Summary & One Unsecured Creditor
RED LOBSTER: Shuts Down 2 Significant Locations After Ch. 11 Exit
RENTBERRY INC: Flags Going Concern Due to Expected Continued Losses
RESTORATION DOCTOR: Plan Exclusivity Period Extended to Aug. 19
REVI EXPRESS: Stephen Darr Named Subchapter V Trustee
REVOLVING KITCHEN: Case Summary & Six Unsecured Creditors
RHINOGRAM INC: Gets Interim OK to Use Cash Collateral
RL ENTERPRISES: Unsecureds Will Get 2.63% of Claims over 3 Years
SALT LAKE CITY DISTILLERY: Seeks Cash Access Until July 31
SAM'S DINER: Cash Collateral Hearing Set for June 24
SILVER STAR PROPERTIES: Case Summary & 20 Top Unsecured Creditors
SKYE BIOSCIENCE: Holders Approve Authorized Share Increase to 300M
SKYSKOPES INC: Hires Brady Martz & Associates as Accountant
SQUARE ONE: Seeks to Hire Century 21 S.G.R. as Exclusive Broker
SRRAF LLC: Case Summary & One Unsecured Creditor
STEVEN MCCANLESS: Gets Interim OK to Use Cash Collateral
STICKY NORTH: Seeks Chapter 7 Bankruptcy in South Carolina
STOKES & STOKES: Hires Edward Diehl of Remax Access as Realtor
STRATA SKIN: CBIZ Raises Going Concern Doubt Over Debt Default
SUNBELT PLANTATIONS: Hwy 82 Wst Property Sale to Phoebe Health Ok'd
SYNAPTICS INC: Fitch Affirms 'BB' LongTerm IDR, Outlook Stable
TAPS RANCH: Amends Unsecured Claims Pay Details
TELESAT CORP: Deloitte Raises Going Concern Over Debt Obligations
TERRASTRAT GROUP: Hires Heskin & Proper PLLC as Special Counsel
TEXAS AUTO: Unsecureds Will Get 50% Dividend via Quarterly Payments
THAI WISDOM: Seeks Subchapter V Bankruptcy in Washington
TITAN INT'L: Moody's Lowers CFR to B2 & Alters Outlook to Stable
TREE HOUSE: Case Summary & Nine Unsecured Creditors
TRI-STATE ENVIRONMENTAL: Cash Collateral Hearing Set for June 10
TRIMONT ENERGY: Hires Lugenbuhl Wheaton Peck Rankin as Counsel
TRIPLE STICKS: To Sell Inventories to Multiple Buyers
UMZU LLC: Court Extends Cash Collateral Access to June 12
UNION FLATIRON: Hires Wadsworth Garber Warner Conrardy as Counsel
US MEDICAL: Case Summary & One Unsecured Creditor
VANDERBILT MINERALS: Taps Latham & Watkins as Bankruptcy Counsel
VEYTIA VENTURES: Case Summary & 20 Largest Unsecured Creditors
W/L PROPERTIES: Hires Thomas P. Moriarty LLC as Special Counsel
WATLOW ELECTRIC: S&P Alters Outlook to Positive, Affirms 'B' ICR
WEST MARINE: Gets Interim OK to Use Cash Collateral
WHIRLPOOL CORP: S&P Lowers Senior Unsecured Notes Rating to 'B+'
WOLVERINE WORLD: Moody's Ups CFR to 'B1', Outlook Stable
WORTHINGTON STEEL: Moody's Rates New $900MM Sr. Secured Notes 'B2'
WS ESCROW: Fitch Rates Proposed $900MM Sr. Secured Notes 'BB+'
XCF GLOBAL: Private Placement to Raise $4 Million
Y&J MICHELE: Case Summary & 15 Unsecured Creditors
ZONED PROPERTIES: Salberg & Company Raises Going Concern Doubt
[] BOOK REVIEW: Taking Charge
[] Jarel Rosser Joins King & Spalding's Restructuring Practice
[] US Dioceses Weigh Abuse Payouts to Preserve Operations
*********
1 SOURCE: Seeks Approval to Hire Ritchie Bros. as Auctioneer
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1 Source, LLC, doing business as 1 Source Power & Equipment, and
Gulf States Industrial Services, LLC seek approval from the U.S.
Bankruptcy Court for the Southern District of Alabama to employ
Ritchie Bros. as auctioneer.
The firm will render these services:
(a) organize and undertake the online auction and coordinate
the sale of the Debtors' assets;
(b) prior to listing the assets online, a qualified Ritchie
Bros.' inspector will take pictures of the assets and conduct a
comprehensive inspection of key systems and components that are
appropriate for the assets and their condition to create an
inspection report;
(c) build the web-listing for the action;
(d) create a location watermark that will inform buyers where
the assets are sitting so buyers can make appropriate decisions
regarding transportation post-sale;
(e) Ritchie Bros. will organize and undertake any
refurbishment of the assets on behalf of the Debtors, if requested.
The costs of any such refurbishment, plus a 10 percent handling
fee, will be deducted from the gross auction proceeds; and
(f) other auctioneer functions as needed.
From the gross sales proceeds, Ritchie Bros. will deduct a (1) 9
percent commission fee for any lot realizing in excess of $3,000,
or 25 percent for any lot realizing $3,000 or less (there is no
minimum lot fee); and (2) a listing fee for each piece of equipment
listed, if applicable.
Blair Finstad, an auctioneer at Ritchie Bros., disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Blair Finstad
Ritchie Bros.
Two Westbrook Corporate Center, Suite #500
Westchester, IL 60154
Telephone: (800) 663-845
About 1 Source LLC
1 Source, LLC sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Ala., Case No. 25-13269) on November 21, 2025,
listing between $1 million and $10 million in assets and
liabilities. Jodi Dubose serves as Subchapter V trustee.
Judge Jerry C. Oldshue handles the case.
The Debtor tapped Alexandra K. Garrett and Jason R. Watkins, Esq.,
at Silver Voit Garrett & Watkins as counsel and Nomadic Accountant,
LLC and KBA Group, PC as accountants.
125 BERCKMAN: Seeks to Hire Middlebrooks Shapiro PC as Attorney
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125 Berckman St., LLC, seeks approval from the U.S. Bankruptcy
Court for the District of New Jersey to hire Middlebrooks Shapiro,
P.C. as attorneys.
The firm will prepare and file motions, pleadings, and applications
on behalf of the Debtor. The firm will represent in hearings and
negotiate with creditors. As well as formulating and pursuing a
plan of reorganization under Chapter 11.
The firm will be paid at these hourly rates:
Melinda D. Middlebrooks, Esq. $500
Joseph M. Shapiro, Esq. $450
Jessica M. Minneci, Esq. $400
Paralegals $100
The firm agreed to a $7,500 plus $1,738 for court costs.
Middlebrooks Shapiro, P.C. is a disinterested person under 11
U.S.C. Sec. 101(14), according to court filings.
The firm can be reached through:
Jessica M. Minneci, Esq.
MIDDLEBROOKS SHAPIRO, P.C.
P.O. Box 1630
Belmar, NJ 07719-1630
Tel: (973) 218-6877
Email: jminneci@middlebrooksshapiro.com
About 125 Berckman St., LLC
125 Berckman St., LLC is a real estate holding company formed to
own and manage property assets.
125 Berckman St., LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.J. Case No. 26-10392) on January 14,
2026. In its petition, the Debtor reports estimated assets of
$100,001 to $1 million and estimated liabilities of $100,001 to $1
million.
Honorable Bankruptcy Judge Christine M. Gravelle handles the case.
2235 CASTOR: Case Summary & Two Unsecured Creditors
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Debtor: 2235 Castor LLC
2235 Castor Avenue
Philadelphia, PA 19134
Business Description: 2235 Castor LLC is a real estate company
that owns and manages a single income-
generating property.
Chapter 11 Petition Date: June 1, 2026
Court: United States Bankruptcy Court
Southern District of New York
Case No.: 26-11321
Debtor's Counsel: H Bruce Bronson, Esq.
BRONSON LAW OFFICES PC
480 Mamaroneck Ave
Harrison, NY 10528-1621
Tel: (914) 269-2530
Fax: (888) 908-6906
E-mail: hbbronson@bronsonlaw.net
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by David Ebrahimzadeh as managing member.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/NIURGLA/2235_Castor_LLC__nysbke-26-11321__0001.0.pdf?mcid=tGE4TAMA
3E EIGHT: Seeks to Tap Aubrey Rudd as General Bankruptcy Counsel
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3E Eight LLC seeks approval from the U.S. Bankruptcy Court for the
Southern District of Florida to employ the Law Office of Aubrey
Rudd Esq. as counsel.
The firm's services include:
(a) advise the Debtor of its rights, powers and duties and the
continued management of its business operations;
(b) advise the Debtor with respect to its responsibilities in
complying with the U.S. Trustee's Operating Guidelines and
reporting requirements and with the Rules of the Court;
(c) prepare legal documents necessary in the administration of
the case;
(d) protect the interest of the Debtor in all matters pending
before the court; and
(e) represent the Debtor in negotiation with its creditors in
the preparation of a plan.
Aubrey Rudd, Esq. disclosed in a court filing that his firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Aubrey G. Rudd, Esq.
Law Office of Aubrey G. Rudd, Esq.
297 SW 27th Ave.
Miami, FL 33135
Telephone: (786) 360-6733
About 3E Eight LLC
3E Eight, LLC is a privately held company with its principal assets
located at 244 NE 85th St El Portal, FL 33138-3065.
3E Eight, LLC, filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. S.D. Fla. Case No.
26-15765) on May 3, 2026, listing under $1 million in both assets
and liabilities. Judge Corali Lopez-Castro oversees the case. The
Law Office of Aubrey G. Rudd, Esq.
527 ALMONESSON: Order Vacating Final Judgment in MMG Case Affirmed
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In the appeal styled MMG INVESTMENTS III, LLC, Plaintiff-Appellant,
v. 527 ALMONESSON, LLC, PRECISION DRYWALL SERVICES, LLC, JOSHUA R.
STRAX, JAMES BRUGGEWORTH, and TOBY C. SHIAVO,
Defendants-Respondents, DOCKET NO. A-3403-24 (N.J. Super. Ct. App.
Div), Judges Robert J. Gilson and Lisa Perez of the Superior Court
of New Jersey, Appellate Division, affirmed the May 23, 2025
Chancery Division order granting defendant 527 Almonesson, LLC's
motion to vacate the final judgment entered on February 8, 2024
pursuant to Rule 4:50-1(f) in the foreclosure action filed by MMG
Investments against the Debtor.
This foreclosure action involves two commercial loans that
Sovereign Bank, N.A. (Sovereign) issued to two separate
corporations. Sovereign issued co-defendant Precision Drywall
Service, LLC (Precision) a loan in December 2011, and thereafter
provided Almonesson a loan in January 2012. Co defendant Joshua R.
Strax was a member of both corporations.
The Sovereign loan to Precision was for $300,000 and memorialized
by a promissory note. Precision also executed a business loan
agreement and a commercial security agreement, which was perfected
by a filed UCC-1 financing statement. Additionally, Strax and
co-defendant James Bruggeworth, another member of Precision,
executed personal guaranties in connection with the note.
Sovereign loaned Almonesson $110,000, which was memorialized by a
promissory note. The same day, to secure the note, Almonesson
executed a mortgage in favor of Sovereign, encumbering a property
at 527 Almonesson Road, Blackwood, New Jersey (the property).
Almonesson's members included Strax, co-defendant Toby C. Shiavo,
and Michael Niessner. Strax and Shiavo each personally guaranteed
the repayment of the note.
In 2013, Sovereign became Santander Bank (Santander). In 2017,
Almonesson entered into a loan modification agreement with
Santander. Thereafter, in 2021, Santander assigned its rights,
title, and interest regarding Almonesson's loan to CL45 MW Loan 1,
LLC (CL45). In June 2022, CL45 assigned MMG Investments all
rights, title, and interest in Almonesson's note and mortgage,
Strax's and Shiavo's personal guarantees, and related loan
documents.
On October 5, 2022, MMG Investments filed a foreclosure complaint
against Almonesson, Precision, Strax, and Bruggeworth. On February
17, 2023, MMG Investments filed an amended foreclosure complaint,
adding Shiavo. On April 28, 2024 MMG Investments filed a motion for
summary judgment against Almonesson, Precision, and Strax to
enforce Almonesson's lost promissory note dated January 20, 2012.
In support of summary judgment, MMG Investments argued that
foreclosure against the property as to Almonesson was warranted
because it had executed a mortgage to secure its loan and had
"cross-collateralized" Precision's loan. Because Precision had
defaulted on its loan, which Almonesson had allegedly
cross-collateralized, MMG Investments asserted the property was
subject to foreclosure.
On June 23, 2023, after argument, the court entered an order
granting the motion for summary judgment and striking the answer
filed by Almonesson, Precision, and Strax. On January 10, 2024,
MMG Investments moved for final judgment. On February 5, 2024, the
Office of Foreclosure (OOF) issued a denial of final judgment
because the application was missing the mortgage for the $300,000
note signed by Precision and a guarantee by Almonesson
cross-collateralizing the note.
On February 8, 2024, the OOF issued the final judgment against
defendants for the aggregate sum of $460,797.10, which represented
the combined default amount owed for both the Almonesson and
Precision loans, and cross-collateralized the lien against
Almonesson's mortgaged property. Almonesson did not move for
reconsideration or file an appeal of the final judgment. In March
2024, MMG Investments assigned MMG REO the judgments entered
against defendants.
MMG Investments also filed a Law Division action against defendants
to recover the loan amounts owed. On June 17, 2024, the Law
Division entered a final judgment by default against Precision in
the amount of $296,105.86 plus interest. In the same order, the
Law Division separately entered a final judgment by default against
Almonesson and Shiavo in the amount of $65,535.64 plus interest.
Thereafter, a sheriff's sale was scheduled in the foreclosure
action for the sale of the property, which was stayed because
Almonesson filed for Chapter 11 bankruptcy on September 3, 2024.
Because Almonesson objected in the bankruptcy proceedings to MMG
REO's filed proof of claim, the bankruptcy judge held a hearing to
address whether the property secured both loans.
On February 3, 2025, Almonesson moved before the court to vacate
the final judgment of foreclosure entered on February 8, 2024,
arguing it was erroneously entered.
On April 1, 2025, the bankruptcy judge denied Almonesson's
objection to MMG REO's proof of claim without prejudice,
determining it would await the chancery court's decision on
Almonesson's foreclosure motion to vacate the final
judgment.
On May 9, 2025, the court heard Almonesson's motion to vacate the
final judgment. Almonesson argued equity demanded vacating the
final judgment because there was no basis in law or in fact for a
judgment in the full amount of $460,000 to be entered against it.
Almonesson highlighted that the mortgage's specific language states
that the property is a collateral pledge to secure the $110,000
loan by the mortgagee, in this case the bank, to the mortgagor,
which is Almonesson and the mortgage does not extend to any other
party. It argued MMG REO was only entitled to the balance of the
mortgage plus all the accrued interest solely on the Almonesson
loan and not the amount owed on the Precision loan.
On May 23, 2025, the court rendered an oral decision accompanied by
an order vacating the final judgment as to Almonesson. The court
found equity required vacating the final judgment after further
review of the relevant loan documents because it had clearly made a
mistake. The court highlighted that different parties were on the
loan documents. While Almonesson had delayed filing its motion,
the court noted the bankruptcy proceeding and found equity mandated
setting aside the final judgment because Almonesson and other
parties had not signed a guaranty and mortgage for Precision; thus,
forcing their liability was unjust.
On appeal, MMG REO contends the court erroneously vacated the
February 8, 2024 final judgment because: granting Almonesson's late
motion was an abuse of discretion; partially vacating the final
judgment as to Almonesson created ambiguity and prejudice to MMG
REO's lien and the uncontested liability of co-defendants; the
court had correctly decided the crosscollateralization issue in
granting summary judgment; and the Law Division's judgment was not
a relevant consideration because it was an in personam action,
having no preclusive or limiting effect on the final judgment of
foreclosure.
MMG REO argues the court's acknowledged error should not have been
reviewable through a motion to vacate as doing so subverts finality
and there were no exceptional circumstances. Having reviewed the
record, the panel concludes these
contentions lack merit.
As the court correctly recognized, a substantive injustice would
occur if the final judgment was not vacated because members of
Almonesson had not guaranteed Precision's loan and, therefore,
should not be held responsible for it. The panel finds the the
court was within its authority to review the motion to vacate and
remedy its clear error because MMG Investment's reliance on the
Almonesson loan documents to establish cross-collateralization was
patently erroneous.
The panel also rejects MMG REO's assertion that vacating the final
judgment as to Almonesson created procedural uncertainty and
prejudice warrantingreversal. MMG REO's argument of alleged
prejudice, because it is now prevented from collecting more than
the Almonesson loan documents provided, is unpersuasive.
According to the Appellate Judges, a review of the loan documents
supports the court's determination that it erred in entering the
final judgment after finding the Almonesson's loan documents
supported cross collateralization.
The panel holds, "For these reasons, we discern no error in the
court's order vacating final judgment. Summary judgment should not
have been entered originally against Almonesson because the court
should not have cross-collateralized the loans given they were
different parties named on different loans. The court also properly
found it had made a mistake and that based on equity, it could
vacate its prior order because it would be undamentally unfair to
the parties who did not guarantee the Precision loan. Thus, the
court's decision to vacate the final judgment after correctly
analyzing the loan documents and determining Almonesson did not
cross-collateralize Precision's loan is supported by the record."
A copy of the Court's Opinion dated May 28, 2026, is available at
https://urlcurt.com/u?l=bKIxEg
Counsel for Appellant:
Alana R. Bartley, Esq.
Michael D'Angelo, Esq.
Drake Loeb PLLC
555 Hudson Valley Avenue Suite 100
New Windsor, NY 12553
E-mail: abartley@drakeloeb.com
Counsel for Respondent 527 Almonesson, LLC:
Paul J. Winterhalter, Esq.
Offit Kurman, PA
2000 Market Street, Suite 2700
Philadelphia, PA 19103
E-mail: pwinterhalter@offitkurman.com
About 527 Almonesson, LLC
527 Almonesson, LLC filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. D.N.J. Case No. 24-18721)
on September 3, 2024, listing $100,001 to $500,000 on both assets
and liabilities. Paul J. Winterhalter, Esq. at Offit Kurman
represents the Debtor as counsel.
5500 ROWLETT: Voluntary Chapter 11 Case Summary
-----------------------------------------------
Debtor: 5500 Rowlett LLC
13151 Emily Road, Suite 200
Dallas, TX 75240
Business Description: 5500 Rowlett LLC is a real estate company
that owns more than 20 acres of development
land and vacant properties in Rowlett,
Texas.
Chapter 11 Petition Date: May 31, 2026
Court: United States Bankruptcy Court
Northern District of Texas
Case No.: 26-42390
Judge: Hon. Edward L Morris
Debtor's Counsel: Robert T. DeMarco, Esq.
DeMarco Mitchell, PLLC
500 N. Central Expressway Suite 500
Plano TX 75074
Tel: (972) 991-5591
E-mail: robert@demarcomitchell.com
Total Assets: $0
Total Liabilities: $5,075,897
The petition was signed by Md Tauhid Chaudhury 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/6CGS7WA/5500_Rowlett_LLC__txnbke-26-42390__0001.0.pdf?mcid=tGE4TAMA
6D BYTES: IndigoSpireCPA Raises Going Concern Doubt
---------------------------------------------------
6d bytes inc. filed its Annual Report on Form 1-K for the fiscal
year ended October 31, 2025 with the U.S. Securities and Exchange
Commission earlier this year. The audited report contains a blunt
warning: conditions exist that raise substantial doubt about its
ability to continue as a going concern.
Based on the financial statements, the Company reported a net loss
of $2.61 million for the year ended December 31, 2025, compared
with a net loss of $2.1 million for 2024. The Company generated
net revenue of $467,269 in FYE 2025, compared to revenue of
$528,420 in FYE 2024.
Going Concern
San Jose, California-based IndigoSpireCPA, PC, the Company's
auditor since 2023, issued a "going concern" qualification in its
report dated, citing that the Company has stated that substantial
doubt exists about the Company's ability to continue as a going
concern if revenue targets are not met. The Company began
operation in 2015. The Company's ability to continue is dependent
upon management's plan to raise additional funds and achieve
profitable operations.
Liquidity and Capital Resources
As of October 31, 2025, the Company's cash on hand was $77,508 as
compared to $228,188 as of October 31, 2024. The Company's accounts
receivable balance was $112,143 as of October 31, 2025, as compared
to $33,170 as of October 31, 2024. This increase is reflective of a
couple of sales with longer payment terms. The Company believes
both of these will be paid. The Company's inventory balance was
$483,718 as of October 31, 2025, as compared to $860,859 as of
October 31, 2024, reflecting a usage of inventory, as well as a
write off of obsolete inventory of over $300,000 that cannot be
used with the new product offering.
The Company raised funds in 2025. The Company may seek to raise any
necessary additional funds through equity or debt financings, or
other sources, which may be dilutive to existing stockholders. If
the Company is unable to secure financing on commercially
reasonable terms, if at all, its business, financial position,
results of operations and cash flows may be materially and
adversely impacted.
To date, the Company's operations have been funded through a
combination of debt and offerings of securities. The Company
anticipates needing to raise a significant amount of capital in
order to fund operations, research and development and other costs
associated with growing its business until its operations generate
enough revenue to cover its operating expenses and other costs.
Fundraising
Conversion of Preferred Stock into Common Stock
On December 30, 2024, majority shareholders of Voting Preferred
Stock voted to convert all shares of Preferred Stock including
Series Seed 1, Series Seed 2, Series A, Series A-1, Series B,
Series B-1, Series B-2 and Series C into shares of Common Stock.
After the conversion, the Company had 35,001,334 shares of Common
Stock. In this process, Warrants for 3,406,458 shares of Preferred
Stock became Warrants for shares of Common Stock.
Equity Financing
On December 31, 2024, the Company entered into a Preferred Stock
and Warrant Purchase Agreement (the "Purchase Agreement"), pursuant
to which it sold an aggregate of 8,600,916 shares of Series 1
Preferred and warrants (the "Warrants") exercisable for an
aggregate of 8,600,916 shares of Series 1 Preferred at an exercise
price of $0.01 per share, for an aggregate purchase price of
$1,500,000, reflecting a combined purchase price of $0.1744 for one
share of Series 1 Preferred and Warrant exercisable for one share
of Series 1 Preferred. The Purchase Agreement contemplates the
issuance of an additional 8,600,916 Series 1 Preferred to
additional purchasers on or prior to December 31, 2025.
In addition, upon consummation of the sale of Series 1 Preferred
and Warrants under the Purchase Agreement, the July 2024 Notes were
automatically converted into an aggregate of 6,062,693 shares of
Series 1 Preferred and Warrants exercisable for an aggregate of
6,062,693 shares of Series 1 Preferred, reflecting a combined
conversion price of $0.1221 for one share of Series 1 Preferred and
Warrant exercisable for one share of Series 1 Preferred. 2,119,824
Series 1 Preferred Shares and 2,119,824 Warrants exercisable for an
aggregate of 4,239,648 shares of Series 1 Preferred were issued to
BGV III, LP, which is owned and controlled by Eric Benhamou who
serves on the Company's board of directors. 2,119,824 Series 1
Preferred Shares and 2,119,824 Warrants exercisable for an
aggregate of 4,239,648 shares of Series 1 Preferred were issued to
JGV1, LLC is owned and controlled by Vik Mehta who serves on the
Company's board of directors.
During 2025, BGV III, LP and JGV1, LLC have continued to fund the
Company. Between January 1, 2025 and October 31, 2025, BGV III, LP
and JGV1, LLC have each contributed $450,000 for a total of
$900,000 in exchange for a total of 5,160,548 Series 1 Preferred
Shares.
Indebtedness
On March 23, 2023, the Company entered into a Promissory Note with
a third party for a total of $200,000 of principal. The note will
pay $5,000 of interest quarterly for 20 consecutive quarters. In
consideration for this note, the Company issued a warrant for
45,045 Series B Preferred Shares with an exercise price of $2.22.
As of October 31, 2025, the amount outstanding is $200,000.
Material Commitments and Obligations
The Company's current liabilities as of October 31, 2025 were
$418,894 compared to $669,251 as of October 31, 2024. The decrease
in current liabilities is primarily due to a payoff of current
notes payable due of $212,500, as well as a decrease in deferred
revenue of $78,437 with the recognition of revenue.
The Company currently has a lease for its Sunnyvale, California
office space that automatically renews monthly. The monthly payment
for the period from June 1, 2025 through May 31, 2026 is $13,000,
$6,500 of which is in cash and the remaining half accrues for
potential equity conversion. On May 31, 2025, the Company converted
the amount of accrued rent through May 31, 2025 in the amount of
$157,670 into 106,975 shares of common stock based on a conversion
price of $1.4739 per share.
A full text copy of the Company's Form 1-K is available at
http://tiny.cc/cx64101
About 6d bytes
6d bytes inc. dba Blendid was incorporated in the State of Delaware
on November 16, 2015 and was registered to do business in
California. The Company builds robotic and artificial
intelligence-enabled food automation solutions. The Company's first
product, a fully autonomous robotic kiosk called Blendid(R), makes
fresh smoothies on-demand. The Company's smoothies are customizable
to individual taste and nutrition preferences. Its kiosks are
designed for deployment in commercial venues such as health clubs,
hospitals, colleges, corporate offices, travel stops supermarkets,
airports and shopping malls. The Company operates both branded food
service locations and license its robotic solutions to other food
service operators.
As of December 31, 2025, the Company had $1.31 million in total
assets, $618,894 in total liabilities, and $693,117 in total
stockholders' equity.
ABBEY GROUP: Commences Chapter 11 Bankruptcy in Pennsylvania
------------------------------------------------------------
On May 22, 2026, The Abbey Group LLC filed for Chapter 11
protection in the U.S. Bankruptcy Court for the Western District of
Pennsylvania. According to court filings, the debtor reports
between $1 million and $10 million in debt owed to 1-49 creditors.
The deadline to file the Disclosure Statement is September 21,
2026, while Government Proofs of Claim are due by November 17,
2026.
About The Abbey Group LLC
The Abbey Group LLC, doing business as The Abbey on Butler Street,
operates a hospitality venue in Pittsburgh, Pennsylvania. The
company provides coffeehouse, bar, and dining services under one
roof, with food and drink menus, reservations, events, private
parties, and gift cards. Its venue includes The Coffeehouse, The
Parlour Bar, The Vesper Room, and an outdoor dining area.
The Abbey Group LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 26-21453) on May 22, 2026. In its
petition, the debtor reported estimated assets of $0-$100,000 and
estimated liabilities of $1 million-$10 million.
The debtor is represented by David Z. Valencik, Esq., of Calaiaro
Valencik.
AG RECYCLING: Amends STL Bank Secured Claim Pay
-----------------------------------------------
AG Recycling, Inc., and affiliates submitted a First Amended
Disclosure Statement describing First Amended Joint Plan of
Reorganization dated May 22, 2026.
The Plan divides Allowed Claims and Allowed Interests against the
Debtor into various Classes, which the Debtor believes are in
accordance with the Classification requirements of the Code.
Class 2 Allowed Secured Claim of St. Louis Bank ("STL Bank"). The
Class 2 Secured Claim of St. Louis Bank is based on secured loans
made to the Debtors and secured by all the Debtors' assets. The
Class 2 Secured Claim of St. Louis Bank will include interest,
legal fees, and other charges under the loan documents that have
accrued during the pendency of the case and shall be added to the
loan balance, less adequate protection payments made by the Debtor.
The approximate principal balance of St. Louis Bank's loans totals
$7,109,925.00.
The Class 2 Allowed Secured Claim shall be paid as follows:
* Monthly Payments. On or before each the 15th of each month
following the Effective Date, Debtors will make payments to STL
Bank in the amounts as set forth in Exhibit 1. In addition to the
STL Bank monthly payments set forth on Exhibit 1, the Debtors shall
pay STL Bank seventy percent of any net profits from actual
performance by the 30th day of the following month. STL Bank shall
apply each monthly payment to the outstanding balance due under the
Loans in its sole and absolute discretion.
* Maturity Date and Maturity Date Payment. The Maturity Date
for the Class 2 Allowed Secured Claims is September 30, 2027. On or
before September 30, 2027, the Debtors shall pay to STL Bank the
outstanding balance of the Class 2 Allowed Secured Claims,
including unpaid principal and unpaid interest accrued thereon,
together with attorneys' fees and other charges incurred under the
Loan Documents;
* Interest. From and after the Effective Date through the
Maturity Date, and so long as the Debtors are not in default under
the Plan, interest shall accrue on the Class 2 Allowed Secured
Claims at a rate equal to Prime + 1% floating with a floor of
6.50%. This is calculated on a 365/360 rate (the "Standard Rate").
* Sale of Debtors' Property. Debtors shall market and attempt
to sell, convey and transfer all right, title and interest in and
to the assets of each of the Debtors, in accordance with the
following procedures:
The Debtors shall execute and deliver to STL Bank special warranty
deeds (the "Stalking Horse Deeds") conveying (1) the real property
owned by Surmeier Holdings for the purchase price of $2,750,000.00;
and (2) the real property owned by Surmeier Holdings Gregan for the
purchase price of $240,000.00 to STL Bank (collectively, the "Real
Property"). STL Bank shall pay the Purchase Price by credit bid.
STL Bank shall hold the Special Warranty Deeds in escrow, subject
to the right of the Debtors to sell the Real Property, along with
the other assets of the Debtors and subject to STL Bank's express
consent, on or before the Maturity Date.
Like in the prior iteration of the Plan, each Class 8 Allowed
Unsecured Claimant shall receive payment that consists of its pro
rata share of $50,000.00 to be distributed quarterly beginning the
last day of the first calendar quarter three years after the
Effective Date (the "Class 8 Distributions").
The Plan will be funded with future operating revenue from business
operations. The Debtors have based the Plan payments upon
conservative income projections drawn from the recent historical
revenue data. The future projections are based on the same
assumptions, modeling and pricing the debtors used during the
bankruptcy case. These projections were accurate and the Debtors
met or exceeded the forecast.
A full-text copy of the First Amended Disclosure Statement dated
May 22, 2026 is available at https://urlcurt.com/u?l=u6YIN8 from
PacerMonitor.com at no charge.
Counsel to the Debtors:
Spencer P. Desai, Esq.
The Desai Law Firm, LLC
13321 North Outer Forty Road, Suite 300
St. Louis, MO 63017
Telephone: (314) 666-9781
Facsimile: (314) 448-4320
Email: spd@desailawfirmllc.com
About AG Recycling Inc.
AG Recycling, Inc. is a recycling and aggregate materials company
based in Mascoutah, Illinois, engaged in processing concrete,
asphalt, and soil for reuse in construction and infrastructure
projects. The Company provides mobile crushing, materials recovery,
and related recycling services across Illinois. It is affiliated
with Surmeier Holdings LLC, Surmeier Holdings Gregan LLC, Carbonox
Incorporated, and Eco Recycling, Inc.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Ill. Lead Case No. 25-30862) on
November 9, 2025.
In the petition signed by Timothy L. Surmeier, president and
manager, the Debtor disclosed up to $50,000 in assets and up to $10
million in liabilities.
Judge Mary E. Lopinot oversees the case.
Spencer Desai, at The Desai Law Firm, represents the Debtor as
bankruptcy counsel.
ALERA GROUP: Moody's Assigns B3 CFR, Outlook Stable
---------------------------------------------------
Moody's Ratings has affirmed the credit facility ratings of Alera
Group, Inc., including the B2 ratings on its senior secured
first-lien revolving credit facility and term loan and the Caa2
rating on its senior secured second-lien term loan. Moody's also
assigned a B3 corporate family rating and B3-PD probability of
default rating to Alera Group, Inc., which now provides the group's
audited financial statements. The rating outlook for the company is
stable.
For administrative purposes, Moody's withdrew the existing B3 CFR
and B3-PD PDR from Alera Group Intermediate Holdings, Inc., parent
of Alera Group, Inc. and former provider of the group's audited
financial statements. Prior to withdrawal the rating outlook was
stable. Please refer to Moody's Ratings' Withdrawal of Credit
Ratings Policy, available on Moody's website,
https://ratings.moodys.com, for more information.
RATINGS RATIONALE
The ratings of Alera Group, Inc. (Alera) reflect its growing
presence in US middle market insurance brokerage; its good
diversification across products, clients, producers and insurance
carriers; and its healthy EBITDA margins. Alera ranks among the 15
largest US insurance brokers in terms of revenue according to
Business Insurance. Alera offers property & casualty insurance and
employee benefits, and to a lesser extent, financial services,
mainly to middle market commercial clients. Since its founding in
2017, Alera has expanded and diversified through more than 200
acquisitions along with mid-single-digit organic revenue growth.
The company has recently slowed its pace of acquisitions to focus
on a transformation program to streamline its client facing and
back office operations.
Credit challenges for Alera include its high financial leverage and
limited interest and free cash flow coverage owing to its history
of acquisitions funded mainly with debt. The acquisitions carry
integration risk and give rise to contingent earnout liabilities
that consume significant free cash flow. The company is also
exposed to errors and omissions in the delivery of professional
services.
Moody's estimates that Alera has a pro forma debt-to-EBITDA ratio
above 7.5x (per Moody's calculations), with (EBITDA - capex)
interest coverage of about 1.2x, and a free-cash-flow-to-debt ratio
in the low single digits. These metrics incorporate Moody's
adjustments for operating leases, contingent earnout liabilities,
and run-rate earnings from recent acquisitions. Moody's expects
that Alera will reduce its financial leverage gradually over the
next 12-18 months through EBITDA growth and settlement of some
contingent earnout liabilities, partly offset by costs of the
transformation program.
Alera generated revenue of $1.6 billion in 2025, up from $1.4
billion in 2024, based on organic growth of 3% plus 19 tuck-in
acquisitions. The EBITDA margin remained strong in the low 30s, and
the free-cash-flow-to-debt ratio improved slightly to the 1%-2%
range (per Moody's calculations). Organic growth for Alera and
peers will likely be constrained in the year ahead by price
declines in some property & casualty insurance lines, particularly
commercial property. Moody's expects Alera will maintain sound
credit metrics as it navigates these pricing trends and works
through its transformation program.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Factors that could lead to a rating upgrade for Alera include: (i)
debt-to-EBITDA ratio below 6x, (ii) (EBITDA - capex) coverage of
interest above 2x, (iii) free-cash-flow-to-debt ratio above 5%, and
(iv) further integration of its many acquired businesses.
Factors that could lead to a rating downgrade for Alera include:
(i) debt-to-EBITDA ratio above 7.5x, (ii) (EBITDA - capex) coverage
of interest below 1.2x, (iii) free-cash-flow-to-debt ratio below
2%, or (iv) disruptions to existing or newly acquired operations.
The principal methodology used in these ratings was Insurance
Brokers and Service Companies published in February 2024.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Based in Deerfield, Illinois, Alera is a middle market insurance
broker offering property & casualty insurance, employee benefits,
and wealth and retirement plan services to commercial clients
across the US. The company generated revenue of $1.6 billion in
2025.
ALL SEASONS: Claims to be Paid from Rental Income
-------------------------------------------------
All Seasons Joy, LLC filed with the U.S. Bankruptcy Court for the
Southern District of Florida a Subchapter V Plan of Reorganization
dated May 22, 2026.
The Debtor owns five residential rental properties located in
Riviera Beach, Palm Beach County, Florida, which constitute the
Debtor's principal assets.
Class 3 consists of General Unsecured Claims. All allowed Class 3
general unsecured claims, including the unsecured deficiency claim
of Frank Daniels (estimated at approximately $1,306,787.73, i.e.,
$3,006,576.10 less the Allowed Secured Claim) and the claim of
Tucker Law (if any and if allowed), shall be paid pro rata from the
Debtor's projected disposable income over the applicable commitment
period of three to five years, as required by Section 1191(c)(2) of
the Bankruptcy Code.
The Debtor proposes to pay all projected disposable income
remaining after payment of Administrative Claims, Class 1, and
Class 2 obligations to holders of allowed Class 3 claims during the
commitment period. The Debtor acknowledges that under Section
1191(c)(2) of the Bankruptcy Code, the Plan must provide that all
of the projected disposable income of the Debtor received during
the three-year period (or such longer period not to exceed five
years as the Court may fix) beginning on the date that the first
payment is due under the Plan will be applied to make payments
under the Plan.
Class 4 consists of Equity Interests. Hughetta Davis shall retain
her membership interest in All Seasons Joy, LLC. Pursuant Section
1191(b) of the Bankruptcy Code, the absolute priority rule does not
apply in a case confirmed under Subchapter V without the consent of
all impaired classes, provided the plan does not discriminate
unfairly and is fair and equitable.
Following confirmation, the Debtor shall continue to operate its
residential rental business and manage the Properties in the
ordinary course. The Debtor shall continue to collect rents,
maintain the Properties, pay taxes and insurance, and otherwise
operate as a going concern.
Sources of Funding. The Plan shall be funded from:
* Rental Income. Monthly rental income from the Properties,
currently approximately $5,550.00 per month, with the Debtor
committing to use commercially reasonable efforts to increase
rental income, including by bringing rents to market rates upon
lease renewal. The Debtor's appraiser estimated market rents for
the 3-unit property at 1472 W. 34th Street at approximately $1,250
per unit ($3,750 total for that property alone).
* Third-Party Contributions. Regular contributions from Divine
Properties LLC in the amount of $6600 per month.
* Refinancing or Sale. On or before the 60th month, the Debtor
shall refinance or sell one or more Properties in an amount
sufficient to pay the Balloon Payment. The Debtor's Properties have
a combined appraised value of $1,715,000.
A full-text copy of the Subchapter V Plan dated May 22, 2026 is
available at https://urlcurt.com/u?l=p6rlPO from PacerMonitor.com
at no charge.
Counsel for the Debtor:
Frank M. Wolff, Esq.
Nardella & Nardella, PLLC
135 W. Central Blvd., Suite 300
Orlando, FL 32801
Phone: (407) 966-2680
Facsimile: (407) 966-2681
About All Seasons Joy LLC
All Seasons Joy, LLC owns five rental properties located in Riviera
Beach, Florida.
All Seasons Joy filed a petition under Chapter 11, Subchapter V of
the Bankruptcy Code (Bankr. S.D. Fla. Case No. 26-12879) on March
9, 2026, with $1 million to $10 million in both assets and
liabilities. Hughetta Davis, manager, signed the petition.
Frank M. Wolff, Esq., at Nardella & Nardella, PLLC, is the Debtor's
legal counsel.
ALTA LOMA: Seeks to Hire Dynasty Real Estate as Real Estate Broker
------------------------------------------------------------------
Alta Loma Vivative, LP seeks approval from the U.S. Bankruptcy
Court for the Central District of California to hire Dynasty Real
Estate as broker.
The broker will market and sell the Debtor's property located at
9456 Roberds Street, Rancho Cucamonga, CA 91701-5820.
The broker will receive a commission in an amount equal to 4% of
the listing price.
Shawn Corneille, an agent at Dynasty Real Estate, assured the court
that the firm is a disinterested person as that term is defined in
Bankruptcy Code Section 101 (14) and used in Bankruptcy Code
Section 327(a).
The broker can be reached through:
Shawn Corneille
Dynasty Real Estate
8047 Day Creek Blvd
Rancho Cucamonga, CA 91739
Phone: (909) 605-2500
About Alta Loma Vivative, LP
Alta Loma Vivative, LP sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. D. Cal. Case No. 6:25-bk-16799-SY) on
September 22, 2025.
At the time of the filing, Debtor had estimated assets of between
$1,000,001 and $10 million and liabilities of between $1,000,001
and $10 million.
Judge Scott H. Yun oversees the case.
The Law Office of W. Derek May is Debtor's legal counsel.
AMERICAN TRAILER: S&P Downgrades ICR to 'CCC+', Outlook Negative
----------------------------------------------------------------
S&P Global Ratings lowered its issuer credit rating on U.S. trailer
manufacturer American Trailer World Corp. (ATW) to 'CCC+' from
'B-'.
At the same time, we lowered our issue-level rating on the
company's first-lien term loan (maturing March 2028) to 'CCC+' from
'B-' and revised the recovery rating to '3' from '4'. The '3'
recovery rating indicates our expectation for meaningful (50%-70%;
rounded estimate: 50%) recovery in the event of a default.
The negative outlook reflects ATW's challenged operating
environment, with somewhat limited revenue visibility, and our
forecast for continued FOCF deficits over the next 12 months that
will pressure its liquidity and increase its refinancing risk ahead
of its 2027 and 2028 maturities.
ATW's performance has declined amid a prolonged industry downturn,
which has been exacerbated by recent cost inflation.
S&P forecasts the company will generate a free operating cash flow
(FOCF) deficit over the next 12 months, diminishing its liquidity
position and increasing the refinancing risk related to its debt
maturing in 2027 and early 2028.
S&P said, "The downgrade reflects our belief that ATW's capital
structure is unsustainable. This is due to the company's high fixed
charges and depressed EBITDA relative to its 2020-2024 levels. We
assume ATW's operating conditions remain challenging over the next
12 months, with cost inflation paring most of the benefits to its
profitability from higher projected professional-grade volumes,
surcharges, and productivity gains. Furthermore, we forecast the
company will generate FOCF deficits over the next 12 months,
constraining its liquidity and heightening its refinancing risk
ahead of its 2027 and 2028 debt maturities.
"We forecast FOCF deficits will constrain ATW's liquidity over the
next 12 months, given our forecast that its EBITDA will be
insufficient to fully cover about $130 million of estimated cash
fixed charges. The company's high debt service burden, relative to
its EBITDA base, weighs on its ability to generate material
operating cash flow, resulting in an ongoing deterioration in its
total liquidity (cash and asset-based lending [ABL] facility
availability) under our forecast. We believe the continued
reduction in ATW's liquidity may impair its ability to meet
seasonal working capital needs (about $50 million at their peak) or
make growth investments, particularly if its demand, pricing
ability, and operating costs do not improve materially. We forecast
the company's unadjusted FOCF deficits will moderate year over year
in 2026 and 2027 but remain negative, which is supported by our
assumption for only modestly higher trailer volumes as the markets
recover gradually.
"We estimate ATW had total liquidity of about $180 million as of
March 31, 2026 (about $31 million of cash on hand and $149 million
of availability under its $250 million ABL facility [net of cash]).
We believe these amounts are sufficient to fund operations over the
next few quarters, particularly because it typically improves its
liquidity following the spring selling season as it unwinds its
inventory levels. However, we believe ATW is dependent on favorable
market and operating conditions to materially improve its cash flow
and liquidity thereafter."
ATW's S&P Global Ratings-adjusted EBITDA margin has contracted to
the 6%-7% range over the past few years. This is down from the
company's margin of about 13% in 2023 due to negative operating
leverage from lower volumes, cost inflation, and pricing pressures.
In addition, ATW has faced greater difficulty in offsetting higher
materials costs due to tariff headwinds and, more recently,
elevated freight costs stemming from the Middle East war through
price increases. This is due to increased competition by its
smaller domestic, Mexican, and Canadian peers as demand remains
muted amid end-customer financial pressures and what S&P believes
is a shift in the replacement cycle related to the high amount of
pull-forward demand during the COVID-19 pandemic.
ATW maintains its leading position in the U.S. trailer market,
generating $1.2 billion of revenue for the 12 months ended March
31, 2026, which is over twice the revenue of its nearest
competitor. The company also operates in a fragmented industry
where it competes with many small, regional players. S&P believes
ATW's scale benefits its competitive position compared to its
peers, including by strengthening its ability to win large national
accounts (e.g. Tractor Supply, Lowe's, and recently, new business
with Home Depot). It has its own distribution (68 company-owned
stores, contributing about 20% of total revenue) and a large sales
footprint through its third-party dealer network, which spans most
U.S. regions. The company's national footprint and greater
proportion of non-recreational unit sales help to reduce its
earnings and cash flow volatility relative to its peers.
The negative outlook reflects ATW's challenged operating
environment, with somewhat limited revenue visibility, and S&P's
forecast for continued FOCF deficits over the next 12 months that
will pressure its liquidity and increase its refinancing risk ahead
of its 2027 and 2028 maturities.
S&P could lower its ratings on ATW if its cash burn accelerates and
its liquidity deteriorates such that it is unable to cover its
fixed charges over the next 12 months, increasing the risk of a
debt restructuring that S&P would consider distressed.
S&P could raise its ratings on ATW if we no longer view its capital
structure as unsustainable. This could occur if:
-- The company generates positive FOCF and maintains good
liquidity through seasonal troughs; and
-- It addresses its upcoming maturities in a manner that we do not
view as tantamount to a default.
ANDERSON HAY: Hearing Today on Bid to Use Cash Collateral
---------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of Washington is
set to hold a hearing today, at 11:30 a.m. Pacific Time, to
consider granting another extension to Anderson Hay Enterprise,
Inc. and its affiliates to use cash collateral.
The Debtors' authority to use cash collateral under the court's
fifth interim order expires today.
Under The fifth interim order, the Debtors are allowed to use cash
collateral to pay operating expenses based on an approved budget.
The order granted secured creditors including PGIM Real Estate
Finance, LLC and AgWest Farm Credit, PCA replacement liens on the
Debtors' post-petition assets similar to their pre-bankruptcy
collateral, with the same priority, validity and extent as their
pre-bankruptcy liens.
The Debtors have a complex secured financing structure, including
AgWest's $25 million revolving note, additional term notes, and
extensive security interests in machinery, equipment, crops,
inventory, receivables, and valuable real property in Washington.
PGIM similarly holds liens securing two loans totaling over $15
million, collateralized by real estate in Washington and Oregon.
The Debtors also note agricultural liens arising under state law
and UCC-perfected equipment liens held by various parties.
AgWest, as secured creditor, is represented by:
Daniel T. Hagen, Esq.
Cairncross & Hempelmann, P.S.
524 Second Avenue, Suite 500
Seattle, WA 98104-2323
Telephone: (206) 587-0700
Facsimile: (206) 587-2308
dhagen@cairncross.com
About Anderson Hay Enterprise Inc.
Anderson Hay Enterprise, Inc., together with its subsidiaries,
supplies Pacific Northwest-grown forage products, including
three-tie hay, bagged forage, compressed hay, and MAG bales,
serving both consumer and commercial markets such as horse owners,
small-acreage farms, retailers, and agricultural operations. The
Company operates domestically and internationally, distributing hay
to partners in more than 30 countries. Founded in 1960 and
family-led since its inception, it focuses on producing consistent
forage and maintaining long-term relationships across its supply
chain.
The Debtors sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Lead Case No. 25-02074) on November 26,
2025. In the petition signed by Steve Gordon, chief financial
officer, Anderson Hay Enterprise disclosed up to $50 million in
assets and up to $100 million in liabilities.
Judge Whitman L. Holt oversees the cases.
The Debtors tapped James L. Day, Esq., at Bush Kornfeld LLP, as
bankruptcy counsel; Lathrop, Winbauer, Harrel & Slothower L.L.P. as
special counsel; and Root Results, LLC as professional consultant.
The U.S. Trustee for Region 18 appointed an official committee to
represent unsecured creditors in the Debtors' Chapter 11 cases.
Tonkon Torp, LLP and Dundon Advisers, LLC serve as the committee's
legal counsel and financial advisor, respectively.
ANOINTED TOUCH: Plan Filing Deadline Extended to June 25
--------------------------------------------------------
Judge James M. Carr of the U.S. Bankruptcy Court for the Southern
District of Indiana extended Anointed Touch Residential Services
LLC's period to file Small Business Chapter 11 Plan of
Reorganization and Disclosure Statement to June 25, 2026.
As shared by Troubled Company Reporter, the Debtor explains that it
is actively working toward the formulation of a confirmable
Subchapter V plan but cannot finalize the Plan until the accounting
issues and amended tax returns are sufficiently completed to permit
Debtor to evaluate the proper treatment of priority claims and the
anticipated distribution structure.
Moreover, the need for this extension is attributable to
circumstances for which Debtor should not justly be held
accountable.
The Debtor asserts that it has sought authority to employ an
accountant to address tax-return issues that are central to the
Plan's structure. Until that work is completed or sufficiently
advanced, any Plan filed by Debtor would risk being incomplete,
inaccurate, or subject to material amendment shortly after filing.
The Debtor further asserts that this request is made in good faith
and not made to unduly delay these proceedings.
Anointed Touch Residential Services LLC is represented by:
Jacob S. Troxell, Esq.
Allen Wellman Harvey Keyes Cooley, LLP
Five Courthouse Plaza, PO Box 455
Greenfield, IN 46140
Tel: (317) 462-3455
Fax: (317) 467-6109
Email: jst@awhkc.com
About Anointed Touch Residential Services LLC
Anointed Touch Residential Services, LLC, sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Ind. Case No.
26-00922) on Feb. 24, 2026. In the petition signed by Ayries
Nachelle Bledsoe, sole member, the Debtor disclosed up to $500,000
in assets and up to $10 million in liabilities.
Judge James M. Carr oversees the case.
Jacob Troxell, at Allen Wellman Harvey Keyes Cooley, LLP, is the
Debtor's legal counsel.
APTOSE BIOSCIENCES: Gets $2 Million Hanmi Advance
-------------------------------------------------
Aptose Biosciences Inc. received an additional US$2 million advance
from Hanmi Pharmaceutical Co. Ltd. while the parties await Korean
regulatory approvals for their planned arrangement, according to a
Form 8-K filing with the Securities and Exchange Commission.
The company said aggregate advances received under the US$11.9
million amended loan facility agreement now total US$9.9 million.
Aptose expects to receive the final US$2 million advance in the
coming days.
Aptose said closing of its previously announced arrangement with
Hanmi and HS North America Ltd. has been further delayed because
certain Korean regulatory approvals remain in progress.
The parties said they do not anticipate that the review will
prevent closing and are targeting completion in June.
Under the arrangement, Hanmi would acquire all issued and
outstanding Aptose common shares not already owned or controlled by
the Hanmi purchasers or their affiliates for C$2.41 in cash per
share.
About Aptose Biosciences
Aptose Biosciences is a clinical-stage biotechnology company
developing precision medicines for oncology, with an initial focus
on hematology. Its small-molecule cancer therapeutics pipeline
includes products designed to provide single-agent efficacy and
enhance the efficacy of other cancer therapies without overlapping
toxicities. The company's lead clinical-stage compound TUS is an
oral kinase inhibitor being developed in acute myeloid leukemia.
Ernst & Young LLP, in an audit report dated March 31, 2026,
included a going concern paragraph stating that Aptose had
recurring losses from operations and a working capital deficiency,
and that substantial doubt exists about the company's ability to
continue as a going concern.
As of March 31, 2026, Aptose Biosciences reported total assets of
$10.72 million, total liabilities of $45.4 million and a
shareholders' deficit of $34.67 million.
ARCHITECTURAL GLAZING: Hires FoxLaw Corp as Bankruptcy Counsel
--------------------------------------------------------------
Architectural Glazing Systems, Inc. seeks approval from the U.S.
Bankruptcy Court for the Northern District of Georgia to hire The
FoxLaw Corporation, Inc. as bankruptcy counsel.
The firm's services include:
(a) preparing pleadings and applications;
(b) conducting examination;
(c) advising the Debtor of its rights, duties and obligations
as a debtor-in-possession;
(d) consulting with the Debtor and representing the Debtor
with respect to a Chapter 11 plan;
(e) performing those legal services incidental and necessary
to the day-to-day operations of the Debtor's business, including,
but not limited to, institution and prosecution of necessary legal
proceedings, and general business legal advice and assistance; and
(f) taking any and all other action incident to the proper
preservation and administration of the Debtor's estate and
business.
The firm has stated present hourly fee rates of $700 for Steven R.
Fox, $650 for associates, and $200 for paralegals.
As of the Petition Date, the firm holds a $30,000 security
retainer.
The FoxLaw Corporation, Inc. is a "disinterested person" within the
meaning of the 11 U.S.C. Sec. 101(14), according to court filings.
The firm can be reached through:
Steven R. Fox, Esq.
The FoxLaw Corporation, Inc.
15455 San Fernando Mission Blvd, Suite 400
Mission Hills, CA 91345
Phone: (818) 774-3545
Email: Srfox@foxlaw.com
About Architectural Glazing Systems, Inc.
Architectural Glazing Systems, Inc. is a construction industry
company specializing in architectural glass and glazing solutions
for commercial and institutional projects. The company provides
design, fabrication, and installation services for building
envelope systems.
Architectural Glazing Systems, Inc. sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. Case No. 26-10813) on May 18,
2026. The filing was made voluntarily in federal bankruptcy court
in Georgia.
Honorable Bankruptcy Judge Paul Baisier is handling the case.
The Debtor is represented by Thomas T. McClendon, Esq. of Jones &
Walden, LLC.
ARCHITECTURAL GLAZING: Hires Jones & Walden LLC as Legal Counsel
----------------------------------------------------------------
Architectural Glazing Systems, Inc. seeks approval from the U.S.
Bankruptcy Court for the Northern District of Georgia to hire Jones
& Walden LLC as counsel.
The firm will render these services:
(a) prepare pleadings and applications;
(b) conduct examination;
(c) advise the Debtor of its rights, duties and obligations;
(d) consult with the Debtor and represent it with respect to a
Chapter 11 plan;
(e) perform those legal services incidental and necessary to
the day-to-day operations of the Debtor's business; and
(f) take any and all other action incident to the proper
preservation and administration of the Debtor's estate and
business.
The firm's counsel will be paid at these hourly rates:
Attorneys $225 - $500
Paralegals $150 - $250
As of the Petition Date, the firm holds a $16,631 security
retainer.
In addition, the firm will seek reimbursement for expenses
incurred.
Thomas McClendon, Esq., a partner at Jones & Walden, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Thomas T. McClendon, Esq.
Jones & Walden LLC
699 Piedmont Avenue, NE
Atlanta, GA 30308
Telephone: (404) 564-9300
Email: TMcClendon@joneswalden.com
About Architectural Glazing Systems, Inc.
Architectural Glazing Systems, Inc. is a construction industry
company specializing in architectural glass and glazing solutions
for commercial and institutional projects. The company provides
design, fabrication, and installation services for building
envelope systems.
Architectural Glazing Systems, Inc. sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. Case No. 26-10813) on May 18,
2026. The filing was made voluntarily in federal bankruptcy court
in Georgia.
Honorable Bankruptcy Judge Paul Baisier is handling the case.
The Debtor is represented by Thomas T. McClendon, Esq. of Jones &
Walden, LLC.
ASCENSUS GROUP: $500MM Loan Add-on No Impact on Moody's 'B3' CFR
----------------------------------------------------------------
Moody's Ratings said all ratings for Ascensus Group Holdings, Inc.
("Ascensus") including its B3 corporate family rating, B3-PD
probability of default rating, B3 rating on the first lien credit
facilities (revolver and term loan), as well as the Caa2 rating on
the second lien term loan, remain unchanged following the proposed
incremental $500 million add-on to its first lien term loan due
2032. The stable outlook also remains unchanged.
Proceeds from the add-on, along with an equity contribution from
its sponsors, are expected to be used to fund the acquisition of
AmericanTCS ("ATCS"), a leading provider of trust, custody and
recordkeeping services for retirement plans.
The incremental debt has no impact on Ascensus's B3 CFR because
Moody's anticipates the company's credit metrics as well as free
cash flow generation will remain within Moody's expectations for
the B3 rating category. The additional debt also does not increase
leverage as it is accompanied by acquired EBITDA and an equity
contribution. Pro forma for the $500 million incremental debt and
acquired EBITDA from ATCS, Moody's adjusted debt-to-EBITDA was in
the low 7x range for the last twelve months ended March 31, 2026
(Moody's adjusted leverage only includes EBITDA add-backs that
Moody's considers one-time in nature). The company's own leverage
calculation is roughly 6.5x pro forma for the incremental debt.
Moody's expects leverage will decline through earnings growth and
cost savings from its business optimization initiatives to below 7x
over the next 12 to 18 months. Additionally, Moody's expects
Ascensus to maintain good liquidity over the next year. Pro forma
cash balance is $114 million. The company is expected to generate
free cash flow exceeding $70 million over the next year, which is
sufficient to cover the approximately $34 million of mandatory
first-lien term loan amortization. Liquidity is also provided by
full availability under the company's $425 million revolver
expiring in 2030.
RATINGS RATIONALE
Ascensus's B3 CFR reflects the company's consistent high leverage
due to aggressive financial policies under PE ownership. Ascensus
has moderate revenue concentration among its top customers, which
include state 529 college savings plans, institutional clients, and
channel partners. The company's reliance on channel partners for
new plan sales heightens the risk that losing these relationships
could adversely impact its operating performance. However, the
rating is supported by its well-established and scalable position
in the market for retirement plans and government savings plans
with long-standing customer relationships and high retention rates.
Its account fee structures with long-term contracts provide revenue
visibility and stability. A general trend of increasing regulatory
compliance and disclosure requirements for retirement asset
administration also supports the growing demand for the company's
services.
Ascensus is a service provider primarily focused on record-keeping
and administration for retirement plans and college savings
programs in the United States. The company is controlled by
affiliates of financial sponsor Stone Point Capital and GIC
(Singapore's sovereign wealth fund). Revenue for FY2025 was roughly
$1.2 billion.
AT THE CROSS: Seeks to Tap Daniel J. Winfree as Bankruptcy Counsel
------------------------------------------------------------------
At The Cross Oceanside Church Inc. seeks approval from the U.S.
Bankruptcy Court for the Southern District of California to hire
Daniel J. Winfree Attorney At Law as counsel.
The firm will render these services:
a. prepare all necessary legal documents;
b. advise and represent the Debtor at all hearings contested
matters and other proceedings in the case;
c. assist in all bankruptcy issues which may arise in the
operation in church activities;
d. take necessary legal action to protect and preserve the
estate; and
e. perform all necessary legal services.
The firm will be paid at these rates:
Attorneys $295 per hour
Paralegals $120 per hour
As disclosed in the court filing, Daniel J Winfree Attorney at Law
is a "disinterested person" as required by the Bankruptcy Code.
The firm can be reached through:
Daniel J. Winfree, Esq.
Attorney at Law
PO Box 19061
San Diego, CA 92159
Tel: (619) 235-6060
Fax: (619) 462-6060
E-mail: lawyer@bkatty.com
About At The Cross Oceanside Church Inc.
At The Cross Oceanside Church Inc. is a California-based
faith-based organization that provides religious services,
community outreach programs, and spiritual guidance to its
congregation. The church operates as a nonprofit institution
focused on worship services, charitable initiatives, and local
engagement.
At The Cross Oceanside Church Inc. sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Cal. Case No. 26-01076) on
March 20, 2026. In its petition, the Debtor reports estimated
assets between $1,000,000 and $10,000,000 and estimated liabilities
between $1,000,000 and $10,000,000.
A U.S. Bankruptcy Judge handles the case. The Debtor is represented
by Daniel J. Winfree.
ATI INC: S&P Rates Proposed $450MM Senior Unsecured Notes 'BB'
--------------------------------------------------------------
S&P Global Ratings assigned its 'BB' issue-level rating and '3'
recovery rating to Dallas-based specialty materials manufacturer
ATI Inc.'s proposed $450 million senior unsecured notes. The
company will use proceeds to repay its existing $350 million senior
unsecured notes due 2027, with remaining amounts as cash to the
balance sheet. The '3' recovery rating indicates its expectation
for meaningful (50%-70%; rounded estimate: 65%) recovery in the
event of a payment default. S&P generally cap its recovery ratings
on the unsecured debt issued by entities S&P rates 'BB-' or higher
at '3' to account for the high risk that their recovery prospects
will be impaired by incremental secured debt issuance prior to
default. S&P expects to withdraw its ratings on the existing 2027
notes following completion of this leverage-neutral refinancing
transaction. Its ratings are based on the preliminary terms and
conditions of the proposed issuance.
S&P expects ATI will continue to generate potential record EBITDA
and cash flows in fiscal 2026 on robust demand in the aerospace and
defense markets, improved product mix, and higher pricing as
manufacturers continue to prioritize security of supplies in this
favorable business environment. ATI's backlog increased to $4.1
billion as of March 31, 2026, twice as much as it was at the end of
fiscal 2021, underscoring a widening supply deficit in the
aerospace and defense industry due to limited new capacity coming
online and strong entry barriers. The company's rolling 12-month
leverage strengthened to 2.1x as of March 31, 2026, which compares
with 2.4x a year ago. The strong free cash flow generation will
continue to support reinvestments in the business and shareholder
distributions.
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- ATI's pro forma unsecured debt will comprise the proposed $450
million senior unsecured notes, $325 million notes due 2029, $425
million notes due 2030, and $350 million notes due in 2031. S&P
assumes the existing $350 million senior unsecured notes will be
paid off with proceeds from the proposed issuance.
-- S&P assesses recovery prospects based on a gross reorganization
value of about $1.85 billion, reflecting $336 million of emergence
EBITDA and a 5.5x multiple. The emergence EBITDA incorporates our
assumption for minimum capex to represent 3% of sales and its
standard 15% cyclicality adjustment for issues in the metals and
mining downstream sector. The 5.5x multiple is also in line with
the multiples it assigns to peer companies.
-- S&P assumes ATI's $600 million asset-backed lending (ABL)
revolving facility would be 60% drawn at default.
Simulated default assumptions
S&P's simulated default contemplates a default in 2031 due to
substantial deterioration in ATI's financial performance. This
could stem from an increasingly difficult operating environment
brought about by weakening demand for specialty aerospace and
defense products, exacerbated by global overcapacity, a
deteriorating export market, and increased competition from
imports.
-- Year of default: 2031
-- Emergence EBITDA: $336 million
-- EBITDA multiple: 5.5x
-- Gross recovery value: $1.85 billion
Simplified waterfall
-- Estimated net enterprise value (after 5% administrative costs):
$1.75 billion
-- Total secured debt (ABL and $200 million term loan): $540
million
-- Remaining recovery value: $1.21 billion
-- Senior unsecured debt claims (ATI unsecured notes): $1.59
billion
-- Recovery expectation: 50%-70%; rounded estimate: 65%
ATI INC: S&P Rates Proposed $450MM Senior Unsecured Notes 'BB'
--------------------------------------------------------------
S&P Global Ratings assigned its 'BB' issue-level rating and '3'
recovery rating to Dallas-based specialty materials manufacturer
ATI Inc.'s proposed $450 million senior unsecured notes. The
company will use proceeds to repay its existing $350 million senior
unsecured notes due 2027, with remaining amounts as cash to the
balance sheet. The '3' recovery rating indicates its expectation
for meaningful (50%-70%; rounded estimate: 65%) recovery in the
event of a payment default. S&P generally cap its recovery ratings
on the unsecured debt issued by entities S&P rates 'BB-' or higher
at '3' to account for the high risk that their recovery prospects
will be impaired by incremental secured debt issuance prior to
default. S&P expects to withdraw its ratings on the existing 2027
notes following completion of this leverage-neutral refinancing
transaction. Its ratings are based on the preliminary terms and
conditions of the proposed issuance.
S&P expects ATI will continue to generate potential record EBITDA
and cash flows in fiscal 2026 on robust demand in the aerospace and
defense markets, improved product mix, and higher pricing as
manufacturers continue to prioritize security of supplies in this
favorable business environment. ATI's backlog increased to $4.1
billion as of March 31, 2026, twice as much as it was at the end of
fiscal 2021, underscoring a widening supply deficit in the
aerospace and defense industry due to limited new capacity coming
online and strong entry barriers. The company's rolling 12-month
leverage strengthened to 2.1x as of March 31, 2026, which compares
with 2.4x a year ago. The strong free cash flow generation will
continue to support reinvestments in the business and shareholder
distributions.
ISSUE RATINGS--RECOVERY ANALYSIS
Key analytical factors
-- ATI's pro forma unsecured debt will comprise the proposed $450
million senior unsecured notes, $325 million notes due 2029, $425
million notes due 2030, and $350 million notes due in 2031. S&P
assumes the existing $350 million senior unsecured notes will be
paid off with proceeds from the proposed issuance.
-- S&P assesses recovery prospects based on a gross reorganization
value of about $1.85 billion, reflecting $336 million of emergence
EBITDA and a 5.5x multiple. The emergence EBITDA incorporates our
assumption for minimum capex to represent 3% of sales and its
standard 15% cyclicality adjustment for issues in the metals and
mining downstream sector. The 5.5x multiple is also in line with
the multiples it assigns to peer companies.
-- S&P assumes ATI's $600 million asset-backed lending (ABL)
revolving facility would be 60% drawn at default.
Simulated default assumptions
S&P's simulated default contemplates a default in 2031 due to
substantial deterioration in ATI's financial performance. This
could stem from an increasingly difficult operating environment
brought about by weakening demand for specialty aerospace and
defense products, exacerbated by global overcapacity, a
deteriorating export market, and increased competition from
imports.
-- Year of default: 2031
-- Emergence EBITDA: $336 million
-- EBITDA multiple: 5.5x
-- Gross recovery value: $1.85 billion
Simplified waterfall
-- Estimated net enterprise value (after 5% administrative costs):
$1.75 billion
-- Total secured debt (ABL and $200 million term loan): $540
million
-- Remaining recovery value: $1.21 billion
-- Senior unsecured debt claims (ATI unsecured notes): $1.59
billion
-- Recovery expectation: 50%-70%; rounded estimate: 65%
AVIS BUDGET: Moody's Rates New $300MM Senior Unsecured Notes 'B1'
-----------------------------------------------------------------
Moody's Ratings assigned a B1 rating to the new $300 million backed
senior unsecured notes due February 2031 of Avis Budget Car Rental,
LLC (Avis) and Avis Budget Finance, Inc. All other ratings of Avis
are unaffected, including the Ba3 corporate family rating, the Ba1
backed senior secured rating and the B1 backed senior unsecured
rating on the existing notes. The B1 backed senior unsecured
ratings on the existing notes of Avis Budget Finance plc are also
unaffected. The outlook remains negative.
The proceeds from the offering will be used to repay a portion of
the 5.750% senior unsecured notes maturing July 2027, together with
cash on hand.
RATINGS RATIONALE
Avis' Ba3 CFR benefits from the competitive position that the
company holds in the car rental industry. Avis' revenue is
diversified across on-airport and off-airport operations, leisure
and corporate travel and by geography. Strategically, Avis is
intently focused on enhancing customer experience, operational
efficiency, fleet discipline and the use of technology to advance
its service offerings and operations.
The rating is constrained by high leverage and weak profitability.
The company also needs to adapt its fleet size when industry demand
wanes and contend with the possibility of pricing pressure from
imbalances between industry fleet size and customer demand. Avis
also relies heavily on capital markets to fund fleet purchases.
Moody's expects that a gradual recovery of revenue per day (RPD)
will support an improvement in pre-tax income margin from -0.7% for
the 12 months ended in March 2026 to a positive range during the
next 12-18 months. Debt/EBITDA will likely ease below 5x in 2027
but remain high.
The negative outlook reflects Moody's expectations that the
recovery of Avis' pretax margin and the deleveraging of its balance
sheet remains protracted.
Moody's expects Avis to maintain adequate liquidity (SGL-3). Avis
maintains a cash balance of at least $500 million, which was $528
million as of March 31, 2026. The available capacity under the $2
billion revolving credit facility was $387 million at the end of
March. The aggregate liquidity of about $0.9 billion is lower than
in the three years before 2020 even though Avis' revenue and debt
balance are materially higher. Including proceeds from the
disposition of vehicles, Moody's expects free cash flow for 2026-27
to be largely break even.
Avis' ability to dispose used vehicles expeditiously remains
critical when demand wanes to raise proceeds that can be deployed
for repayment of the company's vehicle debt and other obligations.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
The ratings could be upgraded with evidence that Avis manages its
assets efficiently while industry fleet capacity and capital
allocation remain disciplined. Metrics that would reflect such
performance include pre-tax income as a percent of sales of at
least 10%, EBITA/average assets of around 10% and debt/EBITDA below
3.25x. The upgrade will also assume Avis to maintain good
liquidity, including prudent management of collateral in the
company's vehicle funding programs.
The ratings could be downgraded if Avis is unable to manage fleet
utilization consistently at approximately 70%, revenue per vehicle
per day drops considerably, ability to dispose vehicles becomes
constrained, or there is a steep drop in used vehicle prices that
would require Avis to increase collateral under its vehicle
financing programs. Metrics that would contribute to a rating
downgrade include pre-tax income as a percent of sales of less than
7.5%, EBITA/average assets of less than 7% or debt/EBITDA sustained
above 4.0x.
The principal methodology used in this rating was Equipment and
Transportation Rental published in October 2025.
Headquartered in Parsippany, New Jersey, Avis Budget Group, Inc.
(NASDAQ: CAR) is one of the world's leading car rental companies,
primarily operating under the Avis, Budget and Zipcar brands.
Revenue for the 12 months that ended March 2026 was about $11.8
billion.
B & C PARTNERS: Unsecureds to Recover 100% over 60 Months
---------------------------------------------------------
B & C Partners, LLC, filed with the U.S. Bankruptcy Court for the
Eastern District of Pennsylvania an Amended Small Business Plan of
Reorganization under Subchapter V dated May 22, 2026.
The Debtor is a limited liability corporation, operating within the
City and County of Philadelphia in the Commonwealth of
Pennsylvania. Since November of 2020, the Debtor has been
purchasing and maintaining real properties.
The Plan Proponent's financial projections show that the Debtor
will have projected disposable income of $6,220.00. The final Plan
payment is expected to be paid on or before January 2, 2031.
This Plan of Reorganization proposes to pay creditors of the Debtor
from the sale of real properties and cash flow from operations.
Non-priority unsecured creditors holding allowed claims will
receive distributions, which the proponent of this Plan has valued
at approximately 100 cents on the dollar. This Plan also provides
for the payment of administrative and priority claims.
Class 5 consists of Non-priority unsecured creditors. Each holder
of this Class will be paid 100% of allowed claim within 60 months
after the date of the order for relief, unless otherwise agreed
between the Debtor and such creditor. This Class is impaired.
The Cash held by the Debtor on the effective date shall be used to
fund first, the Initial Distributions, the employment, business
operations of the Debtor, and property sales shall fund the
remaining distributions under the Plan.
A full-text copy of the Amended Plan dated May 22, 2026 is
available at https://urlcurt.com/u?l=eys92Q from PacerMonitor.com
at no charge.
¬
Counsel to the Debtor:
Ronald G. McNeil, Esq.
McNeil Legal Services
1333 Race Street
Philadelphia, PA 19107-1585
Tel: (215) 564-3999
Fax: (215) 564-3537
E-mail: r.mcneil1@verizon.net
About B & C Partners LLC
B & C Partners, LLC, sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Pa. Case No. 26-10413) on Feb. 2,
2026, with $500,001 to $1 million in assets and liabilities.
Judge Ashely M. Chan presides over the case.
Ronald G. Mcneil, Esq., at McNeil Legal Services, is serving as the
Debtor's legal counsel.
BATCH INC: Court Extends Cash Collateral Access to July 9
---------------------------------------------------------
The U.S. Bankruptcy Court for the District of Massachusetts entered
an interim order authorizing Batch, Inc. to use cash collateral to
fund its operations.
Under the June 1 interim order, the Debtor is authorized to use
cash collateral based on its latest budget and cash flow
projections through July 9.
The Debtor lists several secured creditors including the U.S. Small
Business Administration with approximately $221,843 EIDL loan
allegedly secured by a first-priority lien on substantially all
assets, and additional UCC-1 filings tied to merchant cash advance
agreements or short-term loans with uncertain underlying
obligations. The Debtor disputes the validity of the MCA
agreements, alleging potential predatory lending and usury issues.
It also estimates approximately $575,826 in unsecured debt and
values its main assets at about $105,699.
As adequate protection, secured creditors will be granted
continuing replacement liens on the Debtor's assets to the extent
their collateral value diminishes after the bankruptcy filing. The
replacement liens retain the same validity, enforceability, and
priority as the creditors' pre-petition liens but do not attach to
Chapter 5 avoidance actions or their proceeds.
The Debtor is required to file by July 7 a reconciled budget
comparing actual and projected financial performance for May and
June, together with projected budgets for July, August, and
September.
A continued hearing is scheduled for July 9.
The order is available at
http://bankrupt.com/misc/BatchInc_ICCOrder.pdf
About Batch Inc.
Batch Inc. is a premium all-natural ice cream company headquartered
in Longmeadow, Massachusetts. It operates retail ice cream shops
and mobile ice cream trucks while offering handcrafted flavors made
with high-quality ingredients. Batch Ice Cream became known for
specialty flavors such as Salted Caramel, Dark Chocolate, Vanilla
Bean, and Mexican Chili.
Batch filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. D. Mass. Case No. 26-30294) on May 11,
2026, with assets of between $100,000 and $500,000 and liabilities
of between $500,000 and $1 million. James LaMontagne of Sheehan
Phinney Bass & Green serves as Subchapter V trustee.
The Debtor is represented by Robert Girvan, Esq, at Weiner Law
Firm, P.C.
BCI FINANCES: Foreign Representative Can Compel Discovery
---------------------------------------------------------
The Hon. Shireen A. Barday of the U.S. Bankruptcy Court for the
Southern District of New York granted the motion of B.C.I. Finances
Pty Limited's foreign representative to enforce the Rule 2004 order
and to compel discovery over the Binetter parties' Fifth Amendment
objections. The motion for a protective order is denied as to
Michael Binetter.
This Chapter 15 matter began almost a decade ago when the first
foreign proceedings relating the case were recognized and the
Foreign Representative began to seek asset-tracing discovery from
three members of the Binetter family:
Andrew Binetter, his wife (Samantha Kelliher), and his brother
(Michael Binetter) -- collectively, the "Binetters." The Binetter
brothers had been part of a tax fraud scheme that gave rise to
substantial civil liability in Australia; in 2016, based on this
conduct, an Australian court issued a civil assessment of AU$100
million. Detailed information about the Australian tax fraud scheme
has been publicly available in the United States since at least May
9, 2017, when the Foreign Representative filed a copy of the
decision from the Federal Court of Australia on the docket in this
Chapter 15 proceeding. But at no time -- before or after May 9,
2017 -- has anyone ever identified any nexus between the civil tax
fraud in Australia and criminality in the United States.
Nevertheless, the Binetters have repeatedly sought to assert a
Fifth Amendment "act of production" privilege to avoid complying
with subpoenas in the United States and to frustrate the Foreign
Representative's ability to obtain discovery from third-parties,
including a corporate entity affiliated with the family (Nate's
Fine Foods LLC) and JPMorgan Chase Bank, N.A. ("JPMorgan").
This case in bankruptcy court began on May 9, 2017, before the
Honorable Sean H. Lane, when the Foreign Representative filed a
chapter 15 petition for recognition of a foreign proceeding in
Australia. Recognition was contested -- but granted -- on
April 24, 2018: In re B.C.I. Finances Pty Ltd., 583 B.R. 288, 303
(Bankr. S.D.N.Y. 2018) ("BCI I"). Less than a year later, the
matter was resolved and ordered closed. But almost as soon as the
case was closed, there was a new finding by the Australian Tax
Office in 2020 that two new Binetter entities -- Erbin Finances Pty
Ltd (9800) and Rawbin Finances Pty Ltd (collectively, the "New
Foreign Debtors") -- had participated in a separate yet similar tax
evasion scheme, leading to the appointment of liquidators in those
and other related entities in Australia. Matter of B.C.I. Finances
Pty Ltd. (in Liquidation), 668 B.R. 51, 55 (Bankr. S.D.N.Y. 2025)
("BCI II"). Accordingly, the Foreign Representative, now
representing the estates of the New Foreign Debtors as well as the
Prior Foreign Debtors, commenced a chapter 15 proceeding on behalf
of the New Foreign Debtors and moved to reopen the chapter 15 case
on behalf of the Prior Foreign Debtors. The Honorable Sean H. Lane
granted recognition of the liquidation proceedings of the New
Foreign Debtors, over objections, and the matter was reopened on
December 1, 2021.
Asset-Tracing Exercise
The Foreign Representative filed a motion seeking authorization to
pursue discovery to trace the Binetters's assets using the
extraordinary authority conferred under Bankruptcy Rule 2004. On
May 16, 2022, the Foreign Representative's motion was granted, and
he was given authority by the Court to pursue the Rule 2004
discovery he sought from the Binetters in connection with his
asset-tracing exercise. Among other things, pursuant to this
authority, the Foreign Representative sought broad categories of
discovery, including documents and communications relating to the
Foreign Debtors, any bank account opened in the United States since
2015, any purchase of real property, any purchase of an asset with
a value greater than $10,000 since 2015, any direct or indirect
interest in certain entities, including but not limited to Nate's
Fine Foods, and copies of United States tax returns for certain
periods.
Rule 2004 Order
Not long after the Rule 2004 Order issued in May 2022, this matter
was transferred to the Honorable Philip J. Bentley.
The Rule 2004 Order required the Binetters to comply with the
subpoenas served on them except as to anything they might assert
was shielded from production pursuant to their Fifth Amendment
rights.
In support of their position, the Binetters cited, among other
things, their Fifth Amendment right against self-incrimination,
which they argued entitled them to withhold copies of their bank
statements and copies of certain documents filed with courts in
Australia (the "Australian Court Documents").
On August 11, 2025, the Foreign Representative issued a subpoena to
JPMorgan for unredacted copies of Michael Binetter's bank
statements.
The Motion Compel seeks an order:
(i) compelling the Binetters (Andrew Binetter, Michael Binetter,
and Samantha Kelliher) to respond to the Foreign Representative's
discovery requests over their Fifth
Amendment objections, and
(ii) directing third-party JPMorgan to comply with the Foreign
Representative's August 11 subpoena.
The Motion for a Protective Order, filed on behalf of the
Binetters, seeks an order shielding the Binetters from having to
produce certain documents (in full or in unredacted form) based
upon their invocation of the Fifth Amendment. However, at the
hearing on May 1, 2026, the Binetters clarified their position that
the motions sub judice were only ripe as to Michael Binetter.
Accordingly, this decision addresses only the obligation to produce
documents of:
(i) JPMorgan with regard to the bank statements sought through
the JPMorgan Subpoena (based upon information garnered from Michael
Binetter's prior document production), and
(ii) Michael Binetter himself with respect to unredacted copies
of his bank statements as well as the Australian Court Documents,
the latter of which have not been produced in discovery.
According to the Court, on the issue of redactions specifically,
Michael Binetter has not identified a single case where selective
redactions for Fifth Amendment "act of production" privilege were
deemed a permissible exercise of that privilege, which is, after
all, a privilege circumscribing the discoverability of documents in
the first place
Several of the documents -- including the third-party affidavits --
were prepared by others (not any of the Binetters) and submitted to
Australian courts.
Michael Binetter has not explained how producing documents he did
not author, submitted in foreign proceedings, would tend to
incriminate him in the United States.
The Court finds Michael Binetter has failed to sustain his burden
of establishing that the Fifth Amendment "act of production"
privilege applies to unredacted copies of his bank statements or to
the Australian Court Documents and he must produce both.
A copy of the Court's Memorandum Opinion and Order dated
May 26, 2026, is available at https://urlcurt.com/u?l=Fyv7aP from
PacerMonitor.com.
About BCI Finances
B.C.I. Finances PTY Ltd. is an Australian borrowing and lending
entity that operated within a complex group of companies targeted
by Australian authorities for 25 years of tax avoidance.
B.C.I. Finances Pty Limited (in Liquidation) and three
affiliates, Binqld Finances Pty Limited (in Liquidation), E.G.L.
Development (Canberra) Pty Limited (in Liquidation), and Ligon 268
Pty Limited (in Liquidation) filed Chapter 15 petitions (Bankr.
S.D.N.Y. Lead Case No. 17-11266) on May 9, 2017, to seek
recognition of their winding down proceedings in Australia.
John Sheahan and Ian Russell Lock, the foreign representatives,
signed the Chapter 15 petitions.
The Hon. Sean H. Lane presides over the Chapter 15 cases. Robert N.
H. Christmas, Esq., and Christopher J. Fong, Esq., at Nixon Peabody
LLP, in New York, serve as counsel to the petitioners.
BELDEN INC: S&P Alters Outlook to Negative, Affirms 'BB' ICR
------------------------------------------------------------
S&P Global Ratings revised its outlook on Belden Inc. to negative
from stable. At the same time, S&P affirmed the 'BB' issuer credit
rating.
In addition, S&P assigned a 'BB' issue-level rating to the new
senior secured loan based on a '3' recovery rating.
S&P also lowered its issue-level ratings on the existing
subordinated notes to 'B+' from 'BB-' based on a '6' recovery
rating.
S&P said, "The negative outlook reflects our view that the RUCKUS
acquisition will materially increase Belden's leverage. While we
believe there's a path to deleveraging, elevated leverage reduces
the cushion at the current rating to absorb earnings
underperformance stemming from unexpected market shifts or
acquisition-related setbacks."
Belden Inc. will finance its acquisition of RUCKUS Networks with a
new $1.85 billion term loan B due 2033.
S&P expects the transaction will raise Belden's S&P Global
Ratings-adjusted debt/EBITDA to about 4.1x pro forma at year-end
2026 from 2.1x in 2025 and reduce its ability to withstand earnings
underperformance at the current rating.
The debt-funded acquisition will materially weaken Belden's credit
metrics. The company will fund the RUCKUS acquisition using all
debt. The new $1.85 billion term loan B will more than double the
company's S&P Global Ratings-adjusted debt burden to about $2.77
billion post-close from $1.05 billion in 2025. S&P said, "Moreover,
we project it will raise pro forma leverage to about 4.1x at
year-end 2026 from 2.1x at the end of 2025. The significantly
higher debt reduces the cushion at the rating to absorb business
volatility or further mergers and acquisitions (M&A). As a result,
we believe the company's ability to withstand earnings
underperformance--while maintaining credit metrics commensurate
with the 'BB' issuer rating--could be more challenging."
In addition, S&P believes the transformative nature of the
acquisition and the company's limited track history completing such
large deals introduce some integration-related risk. (Recently,
Belden has focused on tuck-in style acquisitions like Voleatech
GmbH in September 2024 and the $290 million acquisition of
Precision Optical Technologies in June 2024.)
Closing delays, lower-than-expected revenue synergies, and higher
one-time restructuring expenses could weigh on earnings in the near
term and slow deleveraging. S&P believes the company has a path to
reduce leverage to near 3x within 12 months of close. However,
leverage could remain elevated at about 3.8x in 2027 if its S&P
Global Ratings-adjusted EBITDA margin is roughly 300 basis points
(bps) lower than we forecast.
S&P said, "We believe Belden's financial policy will prioritize
deleveraging. The company will temporarily rein in discretionary
spending--like share repurchases and incremental M&A--as it focuses
on the RUCKUS integration and conserving cash. Our forecast
considers that the company will generate healthy adjusted free
operating cash flow (FOCF) of $280 million-$290 million in 2026 and
$380 million-$390 million in 2027, with limited mandatory uses of
cash."
The company has committed publicly to a long-term net leverage
ratio of around 1.5x, which is roughly equivalent to 1.7x on an S&P
Global Ratings-adjusted basis (using 2027 projected EBITDA as a
proxy). In addition, since leverage peaked at 4.7x in 2020, Belden
has established a track record of maintaining relatively low
leverage of around 1.5x–2.5x. S&P said, "Given these factors, we
believe it's likely that management would use excess cash to
deleverage faster than expected. We don't consider opportunistic
debt repayment in our base case forecast but calculate our credit
metrics on a net debt basis."
S&P said, "In our view, the RUCKUS acquisition will strengthen
Belden's business, and it fits well with its solutions-focused
strategy. We view the RUCKUS acquisition as complementary to
Belden's existing offerings because the acquisition expands the
depth and breadth of the company's offerings by adding
faster-growth, stickier, and higher-margin active products and
cloud-based management and networking platforms. For 2025, Belden's
sales grew by approximately 10.3%, and it reported a gross margin
of about 38%. By contrast, for the same period, RUCKUS' sales rose
31.8%, and it reported gross margins above 60%.
The acquisition also increases Belden's total addressable market by
unlocking new commercial opportunities that support the convergence
of IT and operational technology (OT) environments across the
industrial end market. This positions Belden as an end-to-end
networking solution supplier. S&P anticipates the latter will
accelerate Belden's solutions-enabled sales, which is one of its
main priorities; the company set a goal to raise solutions-enabled
revenues to 20% of total revenues by 2028.
Pro forma the business combination, management expects solutions to
exceed 20% of business sales. S&P said, "We view this positively
because solutions-based revenues tend to be more profitable, as
they allow for more consultative client engagements and
higher-margin product sales. As a result, we forecast a steady
100-bp improvement in Belden's S&P Global Ratings-adjusted EBITDA
margin to 19.5% in 2027 from 2025. We expect the company's
strengthened profitability profile will support earnings generation
and, consequently, organic deleveraging. We forecast its S&P Global
Ratings-adjusted leverage will decline to 3.1x by the end of
2027."
S&P said, "The negative outlook reflects our view that the RUCKUS
acquisition will materially increase Belden's leverage to about
4.1x pro forma at year-end 2026 from 2.1x at the end of 2025. While
we believe the company has deleveraging prospects, elevated
leverage reduces the cushion at the current rating to absorb
earnings underperformance caused by unexpected market shifts or
acquisition-related setbacks."
S&P could lower its rating on Belden if it does not deleverage
toward 3x building cushion to absorb potential demand cyclicality
at the current rating level. This could occur if:
-- Business headwinds--including business integration challenges
with RUCKUS and a lower-than-anticipated margin benefit from the
business combination--pressure earnings generation; or
-- Its revenue expansion and operating performance are
significantly weaker than expected due to a deteriorating
macroeconomic environment, reduced industrial capital spending, or
both.
S&P said, "We could also lower our rating if management adopts a
more aggressive financial policy such that we expect leverage to be
maintained above 4x, even accounting for large-scale share
repurchases, debt-funded acquisitions, and demand cyclicality.
"We could revise our outlook on Belden back to stable over the next
12 months if we expect its S&P Global Ratings-adjusted leverage to
decline below 3x. Such improvement would likely stem from the
successful integration of RUCKUS, as demonstrated by higher growth,
profitability gains, and enhanced FOCF generation."
BELLA TUSCANY: Gets OK to Use Cash Collateral Until June 10
-----------------------------------------------------------
Bella Tuscany Windermere, Inc. received fourth interim approval
from U.S. Bankruptcy Court for the Middle District of Florida,
Orlando Division, to use cash collateral through June 10.
The court authorized the Debtor to use cash collateral to pay the
amounts expressly authorized by the court; the expenses set forth
in the budget, plus an amount not to exceed 10% for each line item;
and additional amounts subject to approval by secured creditors.
The order requires Bella to meet all obligations imposed on a
debtor-in-possession, including compliance with the Bankruptcy
Code, maintaining insurance under its loan documents, and honoring
court directives.
Creditors will be granted replacement liens on cash collateral to
the same extent and priority as their pre-bankruptcy liens. The
order is without prejudice to later requests for modified adequate
protection or further restrictions.
A continued preliminary hearing is scheduled for June 10.
A copy of the court's order and the Debtor's budget is available at
https://tinyurl.com/3dznehzd from PacerMonitor.com.
About Bella Tuscany Windermere Inc.
Bella Tuscany Windermere Inc. operates in the restaurants
industry.
Bella Tuscany Windermere Inc. sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. M.D. Fla. Case No. 25-07204) on
November 6, 2025. In its petition, the Debtor reports estimated
assets and liabilities between $1 million and $10 million each.
Honorable Bankruptcy Judge Grace E. Robson handles the case.
The Debtor is represented by Daniel A. Velasquez, Esq. of Latham,
Luna, Eden & Beaudine, LLP.
BET MIDRASH: Plan Exclusivity Period Extended to Sept. 16
---------------------------------------------------------
Judge Scott M. Grossman of the U.S. Bankruptcy Court for the
Southern District of Florida extended Bet Midrash Ohr Hachayim
Hakadosh, Inc.'s exclusive periods to file a plan of reorganization
and obtain acceptance thereof to Sept. 16 and Nov. 16, 2026,
respectively.
As shared by Troubled Company Reporter, the Debtor explains that in
considering whether the extend these deadlines, Courts have
considered the size and complexity of the case. The debtor's
diligence in attempting to reorganize and progress in negotiating
with creditors weighs in favor of extension.
This is the Debtor's first request for such an extension. The
Debtor has been diligently working to achieve a plan that will
benefit all valid creditors of the Debtor's estate. Namely, the
Debtor is seeking to open its school in the City of Hollywood,
something the City of Hollywood ("City") has refused to allow, but
provided no roadmap or guidance on how or what is necessary for the
school to open.
The Debtor asserts that it has sued the City of Hollywood in
Federal District Court. That case has been referred to this Court.
The Debtor has provided the City with all documents requested by
the City to consider allowing the school to open, however, the City
has failed to respond in any way in the nearly four months since
the documents were provided.
The Debtor further asserts that it filed a Motion for Order to Show
Cause for the City to explain why the school has not been allowed
to reopen and the Debtor has filed a supplement to the Motion for
Order to Show Cause contemporaneously with The Debtor filed a
Motion for Order to Show Cause for the City to explain why the
school has not been allowed to reopen and the Debtor has filed a
supplement to the Motion for Order to Show Cause contemporaneously
with.
The Debtor's Counsel:
Kristopher Aungst, Esq.
PARAGON LAW, LLC
2665 S. Bayshore Drive Suite 220-10
Miami FL 33133
Tel: (305) 812-5443
Email: ka@paragonlaw.miam
About Bet Midrash Ohr Hachayim Hakadosh
Bet Midrash Ohr Hachayim Hakadosh, Inc., based in Hollywood,
Florida, is a Jewish religious organization and community center
providing synagogue services, Torah study programs, and a mikveh.
It offers adult learning through Kollel Boker, children's education
programs, and maintains a schedule of Shabbat and holiday services.
The nonprofit serves the local Jewish community by supporting
religious, educational, and cultural activities in the region.
Bet Midrash Ohr Hachayim Hakadosh, Inc. sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Fla. Case No.
26-10599) on January 19, 2026, with $0 to $500,000 in assets and $1
million to $10 million in liabilities. Rabbi Menachem Razla signed
the petition.
Kris Aungst, at Paragon Law, LLC, is the Debtor's counsel.
BITCOIN DEPOT: Gets Interim OK to Use Cash Collateral
-----------------------------------------------------
Bitcoin Depot Inc. and its affiliates received interim approval
from the U.S. Bankruptcy Court for the Southern District of Texas,
Houston Division, to use cash collateral.
The interim order authorized the Debtors to use cash collateral
during the period from the May 18 through and including the earlier
of (i) the termination date or (ii) 30 days after May 18.
The Debtors require the use of cash collateral to fund payroll,
vendor payments, kiosk operations, and administrative costs of the
bankruptcy cases. The Debtors offers to mitigate lender risk
through adequate protection measures, including segregation of
funds into an "adequate protection account," replacement liens on
post-petition collateral, and potentially superpriority
administrative claims to the extent of any diminution in value.
The Debtors' principal secured debt consists of a $13.3 million
term loan facility provided under a 2024 credit agreement, secured
by liens on substantially all assets of the corporate group,
including cash and cash equivalents, subject to certain exclusions.
The secured parties include Silverview Credit Partners LP as
administrative agent and the lending syndicate.
As of the petition date, the Debtors also report additional
liabilities including approximately $2.43 million in
equipment-related obligations, about $9 million in unsecured trade
payables, and potential disputed litigation claims estimated at
approximately $20 million.
The order is available at
http://bankrupt.com/misc/BitcoinDepot_ICCOrder.pdf
The nest hearing is scheduled for June 9.
About Bitcoin Depot Inc.
Bitcoin Depot, Inc. is a Delaware corporation with its principal
place of business in Georgia that operates the largest
cryptocurrency kiosk network in North America, claiming to operate
more than 8,400 Bitcoin ATMs across the United States, Canada, and
Puerto Rico.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 26-90528) on May 18,
2026. In the petition signed by W. Alexander Holmes, director, the
Debtor disclosed up to $50 million in both assets and liabilities.
Paul E. Heath, Esq., at Vinson & Elkins LLP, represent the Debtor
as legal counsel.
BITCOIN DEPOT: Judge Backs July Sale Plan for Bitcoin Kiosk Firm
----------------------------------------------------------------
Rick Archer of Law360 Bankruptcy Authority reports that a Texas
bankruptcy judge on Wednesday, June 3, 2026, said he would allow
Bitcoin Depot, a cryptocurrency kiosk operator, to begin marketing
its assets in preparation for a potential early July 2026 sale.
While the court approved the general request, the judge asked the
company to adjust certain aspects of its proposed sale plan.
Bitcoin Depot operates a nationwide network of cryptocurrency
kiosks and is working through bankruptcy proceedings aimed at
selling its assets in an organized process. The company argued that
a quick sale would preserve value and benefit creditors, the report
relays.
The judge's comments clear the way for the marketing phase to
begin, with further court review expected before the final sale is
approved, according to Law360.
About Bitcoin Depot
Bitcoin Depot is a financial technology company focused on
cryptocurrency transaction services and bitcoin ATM operations. The
company manages a broad network of self-service kiosks that
facilitate digital currency purchases for consumers.
Bitcoin Depot sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. S.D. Tex. Case No. 26-90528) on May 18, 2026. In its
petition, the Debtor reports estimated assets and liabilities
between $10 million and $50 million each.
The Debtor is represented by Paul E. Heath, Esq. of Vinson &
Elkins.
BLUE ONYX: Seeks Cash Collateral Access
---------------------------------------
Blue Onyx Systems, LLC asks the U.S. Bankruptcy Court for the
Eastern District of Wisconsin for authority to use cash collateral
and provide adequate protection, in accordance with its agreement
with Old National Bank.
The bankruptcy filing resulted from an over-expansion into new
markets that caused overhead expenses to become unsustainable. The
Debtor's reorganization strategy is to restructure debt obligations
and continue operations while paying creditors over time.
The Debtor identified three entities that may claim interests in
cash collateral: Old National Bank, FANUC America Corporation, and
CT Corporation as representative for Kapitus, LLC. However, the
Debtor stated that FANUC’s financing statements relate only to
equipment leases and do not appear to create a claim against cash
collateral because lease payments are current. The Debtor believes
ONB holds the senior security interest based on earlier-filed UCC
financing statements. The Debtor’s records show that ONB’s
collateral, valued at approximately $1.69 million, may be
insufficient to fully secure ONB's debt of approximately $1.73
million, which consists of three loans and an operating line of
credit. CT's filing appears related to a merchant cash advance
transaction with Kapitus.
The Debtor requires funds to purchase materials and supplies, pay
employees, and maintain ordinary business operations. A detailed
weekly cash projection attached to the motion shows projected
revenues and expenses. The Debtor requested permission to operate
within a budget subject to a 10% variance cushion to account for
fluctuations. The budget projected significant incoming revenue
from customer projects and outgoing expenses for payroll, benefits,
rent, utilities, insurance, internet, retirement contributions, and
vendor payments. The projections reflected an improving cumulative
cash flow position over several weeks, supporting the Debtor’s
argument that continued operations would preserve enterprise
value.
As adequate protection for secured creditors, the Debtor proposed
granting replacement liens on post-petition cash collateral with
the same priority and extent as existed before bankruptcy. These
replacement liens would automatically be perfected upon entry of
the final order. The Debtor also proposed extending prepetition
liens to post-petition proceeds and products under 11 U.S.C.
section 552(b). Additional protections include ongoing financial
reporting, maintenance of tax obligations, and continuation of
insurance coverage consistent with prepetition practices. The
Debtor agreed to provide monthly operating reports and accounts
payable aging summaries.
Special provisions were negotiated specifically for ONB. The Debtor
agreed to make monthly adequate protection payments of $25,000
beginning three days after entry of the final order and continuing
monthly until confirmation of a plan or another terminating event.
The Debtor also agreed to provide ONB with updated financial
statements, proof of insurance coverage, and continued compliance
with non-solvency loan covenants. The proposed order included a
waiver of marshaling rights, meaning the Debtor could not compel
ONB to proceed against particular collateral or sources of
repayment in any specified order. The Debtor also agreed to an
equities of the case waiver under section 552(b), ensuring ONB
would retain rights to proceeds and profits from collateral without
challenge based on equitable considerations.
The proposed final order would terminate upon certain events,
including failure to make adequate protection payments, failure to
maintain insurance, cessation of business operations, appointment
of a trustee, dismissal or conversion of the case, or confirmation
of a plan of reorganization. ONB also agreed not to pursue
guarantors until the occurrence of a termination event.
The court will conduct a hearing on June 8.
A copy of the motion is available at https://urlcurt.com/u?l=SJFUFQ
from PacerMonitor.com.
About Blue Onyx Systems
LLC
Blue Onyx Systems, formerly known as IAS, is a New Berlin,
Wisconsin-based provider of industrial automation systems,
designing and integrating equipment for manufacturing environments.
The company, founded by Paul Szeflinski and a KUKA System Partner
since 2008, develops solutions that incorporate robotics in a
majority of its systems. Its services include custom machine
design, equipment upgrades, remote support, maintenance programs,
and training, serving customers across industries such as consumer
products, food and beverage, rubber and plastics, metal processing,
and warehousing and logistics.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Wis. Case No. 26-22269) on April 22,
2026, with $1 million to $10 million in assets and liabilities.
Bryan Brisch, authorized representative, signed the petition.
Judge G. Michael Halfenger presides over the case.
Nicholas W. Kerkman, Esq. at KERKMAN & DUNN represents the Debtor
as legal counsel.
BRAVO BRIO: Restaurants Down from 130 to 38
-------------------------------------------
msn.com reports that the restaurant operator, Bravo Brio, has
experienced a significant reduction in scale over the past decade.
Once operating 118 restaurants in 2017, the company now maintains
just 38 locations—19 Brio and 19 Bravo restaurants—spread
across 10 states. The shrinking footprint highlights ongoing
difficulties within the upscale casual dining segment, particularly
for brands located in shopping centers and malls.
Economic pressures have weighed heavily on the business. Rising
labor and ingredient costs, persistent inflation, and declining
foot traffic at retail centers have eroded profitability. While
Chapter 11 may provide an opportunity to stabilize operations and
reposition the brands, Bravo Brio faces continued pressure from
changing consumer preferences and a competitive restaurant
landscape increasingly focused on value and convenience, the report
states.
Facing mounting financial and operational pressures, Bravo Brio
Restaurant Group has sought Chapter 11 protection in Florida
bankruptcy court on August 18, 2025. The company said the
restructuring will allow it to shutter underperforming restaurants,
reduce expenses, and reorganize debt obligations. Court records
indicate liabilities between $10 million and $100 million and
identify between 200 and 999 creditors. To support the
reorganization, the company secured $3.5 million in
debtor-in-possession financing from senior lender GPEE Lender LLC,
according to report.
About Bravo Brio Restaurants, LLC
Bravo Brio Restaurants, LLC is a Florida‑based
restaurant operator behind the Bravo! Italian Kitchen and Brio
Italian Grille chains. The multi-state casual dining group known
for Italian-American cuisine.
Bravo Brio Restaurants, LLC sought protection for relief under
Chapter 11 of the Bankruptcy Code (Bankr. M.D. Fla. Case No.
25-05224) on August 18, 2025, listing $50,000,001 to $100 million
in both assets and liabilities.
Judge Lori V Vaughan presides over the case.
R Scott Shuker, Esq. at Shuker & Dorris, P.A. represents the Debtor
as counsel.
BRAZAS CHICKEN: Seeks Subchapter V Bankruptcy in Florida
--------------------------------------------------------
On May 22, 2026, Brazas Chicken Inc. filed for Chapter 11
protection in the U.S. Bankruptcy Court for the Middle District of
Florida. According to court filings, the debtor reports between
$100,001 and $1 million in debt owed to 1-49 creditors.
A meeting of creditors scheduled for June 22, 2026, at 2:00 p.m.
telephonically via US Trustee - Orlando. Filed by U.S. Trustee
United States Trustee - ORL. Call in Number: 888-330-1716.
Passcode: 5814238#.
About Brazas Chicken Inc.
Brazas Chicken Inc. operates in the restaurant and food-service
industry, offering prepared meals and dining services. The company
is engaged in the operation and management of restaurant-related
business activities.
Brazas Chicken Inc. sought relief under Subchapter V of Chapter 11
of the U.S. Bankruptcy Code (Bankr. Case No. 26-03802) on May 22,
2026. In its petition, the debtor reported estimated assets of
$100,001-$1 million and estimated liabilities of $100,001-$1
million.
Honorable Bankruptcy Judge Tiffany P. Geyer handles the case.
The debtor is represented by Daniel A. Velasquez, Esq., of Latham,
Luna, Eden & Beaudine, LLP.
BRD LAND: Committee Hires IslandDundon LLC as Financial Advisor
---------------------------------------------------------------
The official committee of unsecured creditors of BRD Land &
Investment and its affiliates seek approval from the U.S.
Bankruptcy Court for the Western District of North Carolina to
employ IslandDundon LLC as its financial advisor.
The firm will render these services:
a. develop bottom-up valuations across all real property and
contract positions, incorporating entitlement status,
cost-to-complete estimates, and current market conditions.
b. review all relevant land purchase and sale agreements,
option agreements, and associated correspondence regarding
extensions, waivers, and milestone deadlines.
c. evaluate entitlement & permitting progress, required carry
costs, and the estate’s ability to preserve or monetize
development rights within the bankruptcy timeline.
d. categorize assets into actionable buckets – i.e.,
monetize, hold, or abandon by sensitizing key variables such as
sales proceeds and capital requirements (i.e., cost-to-complete).
e. develop distribution model that compares the economics of a
liquidating trust, in-court sale process, or 3rd-party Plan sponsor
scenarios.
f. analyze creditor treatment across all classes, assess Plan
feasibility, and stress-test the financial projections underlying
any reorganization or liquidation Plan.
g. map the complete capital structure, including all secured,
unsecured, and intercompany obligations, and identify priority
waterfall and lien positions.
h. evaluate validity, perfection, and cross-collateralization
of all secured claims to assess potential challenges or
recharacterization opportunities.
i. analyze the impact of capital structure on creditor
recoveries and inform plan negotiation strategy.
j. evaluate & respond to stalking horse bids, assess bid
protections, and develop a bid comparison framework.
k. advise on sale procedures and the allocation of proceeds
across creditor classes.
l. implement a budget-to-actual tracking framework with weekly
reporting cadence and maintain a rolling forward cash flow model.
m. review all disbursements for compliance with approved
budgets and 1stDay orders, flagging any variance, unauthorized
spend, or payments to related parties submitted by Debtors for
operational and administrative expenses.
The firm's customary hourly rates are:
Tabish Rizvi, Managing Director $960
Steve Landgraber, Managing Director $960
Lee Rooney, Managing Director $960
Michael Garbe, Senior Director $850
Harry Tucker, Directo $755
Alec Rovitz, Senior Associate $495
Christopher Kazantzis, Associate $350
Tabish Rizvi, managing director of IslandDundon, assured the court
that his firm is a "disinterested person" as that term is defined
in section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Tabish Rizvi
IslandDundon LLC
565 Fifth Avenue, 16th Floor
New York, NY 10017
Phone: (203) 247 0057
Email: rr@dundon.com
About BRD Land & Investment
BRD Land & Investment and its affiliates filed their voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. W.D.N.C. Case No. 26-30215) on February 24, 2026, listing
$10,000,001 to $50 million in assets and $50,000,001 to $100
million in liabilities.
Judge Laura T. Beyer presides over the cases.
Matthew L. Tomsic, Esq., at Rayburn Cooper & Durham PA serves as
the Debtors' counsel.
BRIGHTLINE TRAIN: Pursues Ch. 11 Funding While Searching for Buyer
------------------------------------------------------------------
Eliza Ronalds-Hannon, Reshmi Basu, and Martin Z. Braun of Bloomberg
News report that Florida rail operator Brightline is reviewing loan
proposals from major creditors after efforts to secure a buyer
failed to produce a transaction by the company’s targeted
deadline. The development signals that a court-supervised
restructuring may become increasingly likely.
Sources familiar with the situation said groups representing
municipal and corporate bondholders have offered financing packages
that would support Brightline through bankruptcy while maintaining
day-to-day operations. The proposals are intended to provide
liquidity as the company addresses its debt burden.
The financing arrangements could ultimately give lenders a path to
ownership if the restructuring results in a debt exchange or
recapitalization. Creditors are positioning themselves to play a
central role in shaping Brightline's future should the company
enter bankruptcy protection, the report relays.
The discussions are occurring as major debt payments approach and
pressure mounts on the company to secure additional funding.
Brightline continues to evaluate alternatives but appears
increasingly focused on restructuring solutions backed by existing
creditors, the report cites.
About Brightline Train Florida
Brightline offers high-speed rail between Miami, Fort Lauderdale,
and Orlando.
BROADWAY FORD: Hires Carmody MacDonald P.C. as Bankruptcy Counsel
-----------------------------------------------------------------
Broadway Ford Truck Sales, Inc. seeks approval from the U.S.
Bankruptcy Court for the Eastern District of Missouri to hire
Carmody MacDonald P.C. as bankruptcy counsel.
The firm's services include:
a. advising the Debtor with respect to its rights, power, and
duties in this Chapter 11 Case;
b. assisting and advising the Debtor in its consultations with
any appointed committee related to the administration of this
Chapter 11 Case;
c. assisting the Debtor in analyzing the claims of creditors
and negotiating with such creditors;
d. assisting the Debtor with investigation of the assets,
liabilities, and financial condition of Debtor and reorganizing
Debtor's business in order to maximize the value of Debtor's assets
for the benefit of all creditors;
e. advising the Debtor in connection with the sale of assets
or business;
f. assisting Debtor in its analysis of and negotiation with
any appointed committee or any third-party concerning matters
related to, among other things, the terms of a plan of
reorganization;
g. assisting and advising the Debtor with respect to any
communications with the general creditor body regarding significant
matters in this Chapter 11 Case;
h. commencing and prosecuting necessary and appropriate
actions and/or proceedings on behalf of Debtor;
i. reviewing, analyzing, or preparing, on behalf of the
Debtor, all necessary applications, motions, answers, orders,
reports, schedules, pleadings, and other documents;
j. representing the Debtor at all hearings and other
proceedings;
k. conferring with other professional advisors retained by
Debtor in providing advice to Debtor;
l. performing all other necessary legal services in this
Chapter 11 Case as may be requested by Debtor; and
m. assisting and advising the Debtor regarding pending
arbitration and litigation matters in which the Debtor may be
involved, including continued prosecution or defense of actions
and/or negotiations on Debtor's behalf.
The range of hourly billing rates of the firm's partners for this
matter will be $310 to $650 per hour, associates $280 to $375 per
hour, and paralegals/law clerks $150 to $250 per hour.
As of the Petition Date, the firm has been paid the sum of $68,673
for services and fees performed prior to the Petition Date. The
firm is holding a retainer of $11,327.
Thomas Riske, a principal at Carmody MacDonald, disclosed in a
court filing that the firm is a "disinterested person" as the term
is defined in Section 101(14) of the Bankruptcy Code.
The firm can be reached through:
Thomas H. Riske, Esq.
Carmody MacDonald, PC
120 Central Ave Ste 1800
Saint Louis, MO 63105
Telephone: (314) 854-8600
About Broadway Ford Truck Sales, Inc.
Broadway Ford Truck Sales, Inc. is a commercial vehicle dealership
engaged in the sale and service of Ford trucks in the Saint Louis
market.
Broadway Ford Truck Sales, Inc. sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. E.D. Mo. Case No. 26-42179) on May
18. In its petition, the Debtor reports estimated assets and
liabilities of $10 million to $50 million.
The Debtor is represented by Thomas H. Riske, Esq. of Carmody
MacDonald P.C.
BYSTOL PERFORMANCE: Seeks to Hire Joel A. Schechter as Counsel
--------------------------------------------------------------
Bystol Performance Center Inc. seeks approval from the U.S.
Bankruptcy Court for the Northern District of Illinois to hire the
Law Offices of Joel A. Schechter as counsel.
The firm's services include:
(a) advise the Debtor with respect to its powers and duties in
the continued operation of its business and financial affairs;
(b) prepare on behalf of the Debtor necessary legal papers and
appurtenant to these proceedings; and
(c) perform all other legal services for the Debtor which may
be necessary in the prosecution of this proceeding.
The firm received a retainer of $15,000, in addition to the filing
fee, from the Debtor.
Joel Schechter, Esq. disclosed in a court filing that his firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Joel A. Schechter, Esq.
Law Offices of Joel A. Schechter
53 W., Jackson Blvd., Suite 860
Chicago, IL 60604
Telephone: (312) 332-0267
Email: joel@jasbklaw.com
About Bystol Performance Center Inc.
Bystol Performance Center Inc. sought protection under Chapter 11
of the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 26-07442) on
April 29, 2026, with up to $50,000 in assets and $500,001 to $1
million in liabilities.
Joel A. Schechter, Esq. at the Law Office of Joel A. Schechter
represents the Debtor as bankruptcy counsel.
CANNON'S CLASSIC CARS: Hires Workman Nydegger as General Counsel
----------------------------------------------------------------
Cannon's Classic Cars LLC seeks approval from the U.S. Bankruptcy
Court for the District of Utah to hire Workman Nydegger as general
counsel.
The firm will provide these services:
(a) advise the Debtor regarding all aspects of its Chapter 11
case; and
(b) advise the Debtor on all matters pertinent to this pending
Chapter 11 case.
Workman Nydegger will be compensated at the firm's customary hourly
rates, as they may increase from time to time, noting that T.
Edward Cundick's current hourly rate is $375.
Workman Nydegger had a remaining retainer of $15,067 on hand at the
time the petition was filed.
Workman Nydegger does not hold or represent any interest adverse to
the estate and is a "disinterested person" within the meaning of
Section 101(14) of the Bankruptcy Code, according to court
filings.
The firm can be reached at:
T. Edward Cundick, Esq.
WORKMAN NYDEGGER
60 East South Temple, Suite 1000
Salt Lake City, UT 84111
Telephone: (801) 533-9800
Facsimile: (801) 328-1707
E-mail: tcundick@wnlaw.com
About Cannon's Classic Cars LLC
Cannon's Classic Cars LLC sought protection for relief under
Chapter 11 of the Bankruptcy Code (Bankr. D. Utah Case No.
26-22970) on May 19, 2026, listing $100,001 to $500,000 in both
assets and liabilities.
Judge David H Leigh presides over the case.
T. Edward Cundick, Esq. at Workman Nydegger serves as the Debtor's
counsel.
CARDIFF ONCOLOGY: Disputes License Termination Notice
-----------------------------------------------------
Cardiff Oncology Inc. disputed a license termination notice from
Nerviano Medical Sciences S.r.l. and said it will continue to
perform under the agreement, according to a Form 8-K filing with
the Securities and Exchange Commission.
NMS informed Cardiff in writing May 27 that it was terminating the
March 13, 2017, license agreement under Section 11.3. NMS alleged
Cardiff materially breached the agreement by failing to correct, or
provide power of attorney to correct, inventorship of certain
Cardiff patents to include NMS employee Dr. Barbara Valsasina as a
joint inventor.
NMS also alleged Cardiff failed to use commercially reasonable
efforts to conduct development activities and obtain regulatory
approvals for onvansertib. Cardiff said the termination notice is
legally ineffective, factually unsupported and procedurally
improper.
About Cardiff Oncology
Cardiff Oncology is a clinical-stage oncology company developing
therapies intended to treat cancer. Its lead program is
onvansertib, a polo-like kinase 1 inhibitor being evaluated in
cancer indications. The company's work is focused on development of
onvansertib and related clinical programs.
In an audit report dated Feb. 24, 2026, BDO USA, P.C. included a
going concern paragraph stating that the company has suffered
recurring losses from operations and has negative operating cash
flows that raise substantial doubt about its ability to continue as
a going concern.
As of March 31, 2026, Cardiff Oncology reported total assets of
$49.17 million, total liabilities of $14.46 million and
stockholders' equity of $34.71 million.
CARNITAS EL: Commences Chapter 7 Bankruptcy in Arizona
------------------------------------------------------
On May 28, 2026, Carnitas El Taste filed for Chapter 7 protection
in the U.S. Bankruptcy Court for the District of Arizona. According
to court filings, the Debtor reports between $100,001 and $1
million in debt owed to 1-49 creditors.
About Carnitas El Taste
Carnitas El Taste is an Arizona-based business that appears to
operate in the restaurant and food service industry, specializing
in Mexican cuisine. The bankruptcy petition does not provide
additional details regarding its operations.
Carnitas El Taste sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. Case No. 26-05354) on May 28, 2026. In its
petition, the Debtor reported estimated assets of $0-$100,000 and
estimated liabilities of $100,001-$1 million.
Honorable Bankruptcy Judge Scott H. Gan handles the case.
The Debtor is represented by Vida Z. Florez, Esq. of the Law Office
of Vida Z. Florez, PLLC.
CAROLINA FITNESS: Unsecureds Will Get 1% to 5% of Claims
--------------------------------------------------------
Carolina Fitness Equipment, LLC filed with the U.S. Bankruptcy
Court for the Western District of North Carolina a Disclosure
Statement describing Plan of Reorganization dated May 22, 2026.
The Debtor operates a fitness equipment retail store and service
company based in Belmont, North Carolina. John David Preble is the
sole member and president of the Debtor. In addition to Mr. Preble,
the Debtor's workforce includes approximately forty-five other
individuals depending on the season.
The Debtor's financial difficulties are largely attributable to
rent increases. The Debtor previously had locations in Greenville,
South Carolina, Nashville, Tennessee, and Charlotte, North Carolina
through which the Debtor leased over 144,000 square-feet.
The Debtor worked with a potential lender to refinance both its
debt to Regions Bank as well as the MCA debt. That lender suggested
that the Debtor obtain a bridge loan from Orange Funding until the
refinance was complete. The Debtor used those funds to operate.
Unfortunately, the takeout lender backed out, and the Debtor was
left with the bridge loan. The interest rate on the bridge loan is
not sustainable long term.
Orange Funding filed a collection in December 2025 in state court
in New York. Around the same time, Orange Funding asserted lien
rights in the Debtor's receivables and caused the Debtor's credit
card processor to freeze all disbursements to the Debtor.
This situation led to the Debtor defaulting on its obligation to
Regions Bank. As a result, Regions Bank filed a collection lawsuit.
To stop collection efforts, the company was forced to file this
case. Mr. Preble was similarly forced into bankruptcy.
Class 7 consists of Holders of Allowed General Unsecured Claims
(which includes Allowed Unsecured Deficiency Claims and any claim
of Orange Funding). This Class will receive a distribution of 1% to
5% of their allowed claims. This Class is impaired, and the holder
of the related Claim is entitled to vote for or reject the Plan.
Allowed General Unsecured Creditors shall be paid a Pro Rata share
of 20% of the Reorganized Debtor's Net After Tax Cash Flow for
calendar years 2027, 2028, and 2029. Payment to holders of Allowed
Unsecured Claims will be paid as follows:
* Payment calculated for calendar year 2027 will be paid June
1, 2028,
* Payment calculated for calendar year 2028 will be paid June
1, 2029, and
* Payment calculated for calendar year 2029 will be paid June
1, 2030.
Class 8 consists of Critical Vendors with Allowed General Unsecured
Claims. This Class will receive a distribution of 10% to 15% of
their allowed claims. This Class is impaired, and the holder of the
related Claim is entitled to vote for or reject the Plan.
Any Allowed General Unsecured Creditors held by Critical Vendors
shall be paid a Pro Rata share of 80% of the Reorganized Debtor's
Net After Tax Cash Flow for calendar years 2027, 2028, and 2029.
Payment to holders of Allowed Unsecured Claims will be paid as
follows:
* Payment calculated for calendar year 2027 will be paid June
1, 2028,
* Payment calculated for calendar year 2028 will be paid June
1, 2029, and
* Payment calculated for calendar year 2029 will be paid June
1, 2030.
All Equity Interests held prior to the Petition Date shall be
retained in exchange for the New Value Contribution.
To retain his Equity Interest in the Reorganized Debtor, John David
Preble shall (i) pay to the Reorganized Debtor a $25,000 New Value
Contribution in equal installments of $5,000 due on December 31 of
2026, 2027, 2028, 2029, and 2030, (ii) personally guarantee the
payments owed on the Allowed Secured Claim of Regions set forth in
Article 3 of the Plan, and (iii) waive, release, and forever
discharge any claims John David Preble or any entity owned by John
David Preble (DynaBody, LLC, DEM Real Estate Holdings, LLC,
FitKing, LLC, and Sports and Fitness Outlet, LLC) holds against the
Debtor, which amounts to more than $1,200,000.
A full-text copy of the Disclosure Statement dated May 22, 2026 is
available at https://urlcurt.com/u?l=fCQdcG from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Cole Hayes, Esq.
COLE HAYES LAW
601 S. Kings Drive, Suite F PMB #411
Charlotte, NC 28204
Phone: (980) 416-4266
Email: info@colehayeslaw.com
About Carolina Fitness Equipment
Carolina Fitness Equipment, LLC, sells new and used commercial and
residential fitness equipment and provides installation, delivery,
and maintenance services from its Belmont, North Carolina location
to customers throughout the Carolinas and nearby areas.
Carolina Fitness Equipment, LLC sought relief under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. W.D.N.C. Case No. 26-30091) on
Jan. 25, 2026. The company reports estimated assets and
liabilities between $1 million and $10 million.
Bankruptcy Judge Laura T. Beyer oversees the case.
The Debtor is represented by Cole Hayes, Esq.
CARR'S PLUMBING: Seeks to Hire Tax Pros Inc as Accountant
---------------------------------------------------------
Carr's Plumbing and Maintenance, LLC seeks approval from the U.S.
Bankruptcy Court for the District of Kansas to hire Tax Pros, Inc.
as accountant.
The firm will conduct accounting services for the bankruptcy
estate.
The firm will be paid $350 per hour for its services.
Tax Pros, Inc. is a disinterested person as that term is defined
and used in the Bankruptcy Code, according to court filings.
The firm can be reached through:
Susie McDonald
Tax Pros, Inc.
216 S Oliver
Wichita, KS 67067
About Carr's Plumbing and Maintenance
Carr's Plumbing and Maintenance, LLC runs a plumbing business in
Wichita, Kansas.
Carr's sought protection under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Kan. Case No. 26-10101) on February 4, 2026. In the
petition signed by Christopher Carr, managing member, the Debtor
disclosed up to $10 million in both assets and liabilities.
Judge Mitchell L. Herren oversees the case.
Mark J. Lazzo, Esq., at Mark J Lazzo PA, represents the Debtor as
legal counsel.
CASA SOUTH: Gets Interim OK to Use Cash Collateral
--------------------------------------------------
Casa South, LLC received interim approval from the U.S. Bankruptcy
Court for the District of South Carolina to use cash collateral
while operating its restaurant business, Casa Mia's Restaurant,
during its Chapter 11 Subchapter V case.
The court granted the Debtor's motion on an interim basis and
authorized the use of cash collateral in accordance with a
four-week budget through the final hearing. Budget variances
exceeding 10% of any line item are prohibited without consent.
As adequate protection, the Debtor must make weekly payments of
$1,750 to the Edward Scott Wiley Revocable Trust, which claims a
secured interest in substantially all of the Debtor's assets under
loan agreements totaling $500,000. The trust was also granted
replacement liens on post-petition assets to the extent of any
decline in the value of its collateral.
Additional safeguards include maintaining insurance on collateral,
restrictions on payments to insiders and pre-petition unsecured
creditors, and default provisions for missed payments, reporting
failures, or excessive budget deviations.
The court scheduled a final hearing for July 2 and set a June 25
deadline for filing objections.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/zi3Ql from PacerMonitor.com.
Casa South's business is based in Myrtle Beach, South Carolina, and
operates a restaurant that depends on daily cash flow to pay
payroll, taxes, rent, utilities, food and beverage costs,
insurance, vendor obligations, merchant processing fees,
maintenance expenses, and other ordinary operational costs. Prior
to bankruptcy, the Debtor experienced mounting financial
difficulties caused by rising operating costs, fluctuating sales,
debt obligations, tax liabilities, and vendor pressures. Because
restaurant operations require constant liquidity, any interruption
in access to cash would quickly threaten continued operations,
employee retention, customer service, and vendor relationships.
The Debtor identifies potential secured creditors that may claim
interests in the cash collateral, particularly the Edward Scott
Wiley Revocable Trust, which allegedly filed a UCC financing
statement asserting a security interest in assets including cash,
bank accounts, inventory, tools of the trade, and related proceeds.
Although the Debtor acknowledges that these creditors may assert
rights in cash collateral, it reserves the right to challenge the
validity, perfection, enforceability, amount, or priority of any
asserted liens or claims.
About Casa South LLC
Casa South, LLC is based in Myrtle Beach, South Carolina, and
operates a restaurant.
Casa South filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. D. S.C. Case No. 26-02236-eg) on May 19,
2026. In the petition signed by Joseph Carolan, president, the
Debtor disclosed up to $100,000 in assets and up to $1 million in
liabilities.
Judge Elisabetta Gm Gasparini oversees the case.
Roger K Pruitt, Esq., at RK Pruitt Law Firm, represents the Debtor
as legal counsel.
Christine Brimm serves as Subchapter V trustee for the Debtor.
CASA SOUTH: Seeks to Hire RK Pruitt Law Firm LLC as Attorney
------------------------------------------------------------
Casa South LLC seeks approval from the U.S. Bankruptcy Court for
the District of South Carolina to hire RK Pruitt Law Firm LLC as
attorney.
The firm's services include:
a. advising the Debtor of its rights, powers and duties;
b. attending meetings with the Debtor and hearing before the
court;
c. assisting other professionals in the investigation of the
acts, conduct, assets, liabilities and financial condition of the
Debtor, any other matters relevant to the case or to the
formulation of a plan of organization or liquidation;
d. investigating the validity, extend and priority of secured
claims against the Debtor's estate and investigating the acts and
conduct of such secured creditors and other parties to determine
whether any causes of action exist;
e. advising the Debtor with regard to the preparation and
filing of all necessary and appropriate applications, motions,
pleadings, draft orders, notices, schedules, and other documents,
and reviewing all financial and other reports to be filed in these
matters;
f. advising the Debtor with regard to the preparation and
filing of response to applications, motions, pleadings, notices,
and other papers that may be filed and served in these Chapter 11
cases by other parties; and
g. performing other necessary legal services.
The firm's current rates are:
Attorneys $350 per hour
Paralegals $100 per hour
The firm received a pre-petition retainer in the amount of
$16,738.
As disclosed in the court filings, RK Pruitt Law Firm LLC is a
"disinterested person" within the meaning of 11 U.S.C. 101(14).
The firm can be reached through:
Roger Pruitt, Esq.
RK Pruitt Law Firm LLC
PO Box 162
Columbia, SC 29202
Phone: (803) 767-5988
Email: attorney@rkpruitt.com
About Casa South LLC
Casa South LLC sought protection for relief under Chapter 11 of the
Bankruptcy Code (Bankr. D.S.C. Case No. 26-02236) on May 19, 2026,
listing $50,001 to $100,000 in assets and $500,001 to $1 million in
liabilities.
Judge Elisabetta Gm Gasparini presides over the case.
Roger K Pruitt, Esq. at R.K Pruitt Law Firm serves as the Debtor's
counsel.
CERO THERAPEUTICS: Sells $937,500 Convertible Note
--------------------------------------------------
CERo Therapeutics Holdings Inc. issued and sold a $937,500
convertible promissory note to SRX Health Solutions Inc. on May 28,
according to a Form 8-K filing with the Securities and Exchange
Commission.
The note was sold for a $750,000 purchase price, bears 10% annual
interest and matures May 28, 2027. The company may borrow up to
$750,000 under the note.
SRX Health Solutions may convert all or part of the outstanding
principal and accrued unpaid interest into common stock. The
conversion price is the lesser of 5 cents or 80% of the average of
the five lowest intraday trading prices during the 20 days before
the lender requests conversion, subject to adjustments and a 4.99%
beneficial ownership limit.
CERo Therapeutics said it must prepare and file a Form S-1 or Form
S-3 registration statement covering resale of all common shares
issuable upon conversion of the note.
The note issuance relied on exemptions from registration under
Section 4(a)(2) of the Securities Act and Rule 506(b). Shares
issuable upon conversion will be issued under Section 3(a)(9) or
Section 4(a)(2), the filing said.
About CERo Therapeutics
CERo Therapeutics Holdings Inc. is a South San Francisco,
California-based immunotherapy company developing engineered T-cell
therapeutics for cancer. The company's cellular immunotherapy
platform is designed to redirect patient-derived T cells to
eliminate tumors through cytotoxic and phagocytic mechanisms,
creating what it calls Chimeric Engulfment Receptor T cells. Its
lead molecule is CER-1236, an autologous T-cell product targeting
the TIM-4 ligand, and the company has pursued clinical development
in acute myeloid leukemia, non-small cell lung cancer and ovarian
cancer.
In an audit report dated April 15, 2026, Salberg & Company, P.A.
included a going concern qualification, stating that CERo
Therapeutics had no revenue, a net loss of $19.90 million and used
$16.10 million of cash in operations during 2025. The auditor also
cited an accumulated deficit of $90.80 million, a stockholders'
deficit of $5.40 million and a working capital deficit of $6.40
million as of Dec. 31, 2025, saying those matters raised
substantial doubt about the company's ability to continue as a
going concern.
As of March 31, 2026, CERo Therapeutics reported total assets of
$2.21 million, total liabilities of $11.46 million and a total
stockholders' deficit of $9.26 million.
CES ENERGY: S&P Rates Proposed C$300MM Senior Unsecured Notes 'B+'
------------------------------------------------------------------
S&P Global Ratings assigned its 'B+' issue-level rating and '4'
recovery rating to CES Energy Solutions Corp.'s proposed C$300
million senior unsecured notes. The '4' recovery rating indicates
our expectations of average (30%-50%, rounded estimate: 35%)
recovery prospects.
CES will use the proceeds to repay its C$275 million senior notes
due in 2029, partially repay the revolving credit facility, and
related transaction fees.
S&P said, "We continue to expect healthy credit metrics in 2026 and
2027 consistent with CES' 1.5x leverage target while the company
prioritizes shareholder returns. We forecast S&P Global
Ratings-adjusted funds from operations to debt averaging 45%-60%
for 2026-2027 and debt to EBITDA around 1.5x."
Modest EBITDA growth this year is supported by robust structural
demand, including increased service intensity in the oil and gas
sector and customers' focus on efficiency gains. Furthermore, CES
could see potential demand growth and benefit from its improving
market share if higher energy prices drive increased customer
activity. Following the prolonged disruption in the Strait of
Hormuz, heightened energy security concerns could lead to increased
incremental investments or drilling that could drive demand for
CES's oilfield chemical offerings. CES's market share has improved
modestly with revenue growth despite declining industry rig counts
in the U.S. and Canada due to its 2025 acquisition of Fossil
Fluids. Other factors include constructive customer relationships,
increasing service intensity, and demand for its production
efficiency offerings. CES has increased its U.S. drilling fluids
market share to 25% from 22% in 2024 and Canadian share to 41% from
34%.
Issue Ratings--Recovery Analysis
Key analytical factors
-- S&P assigned its 'B+' issue-level rating to CES' proposed C$300
million senior unsecured notes, in line with the issuer credit
rating. S&P expects CES to use proceeds to repay its C$275 million
senior notes due in 2029.
-- The recovery rating of '4' indicates average (30%-50%; rounded
estimate: 35%) recovery to creditors in a payment default.
-- S&P said, "We assess recovery prospects for noteholders on a
reorganization value of approximately $598 million, which reflects
C$114 million of emergence EBITDA and a 5.5x multiple. The 5.5x
multiple is in line with those we use for other companies in the
oil and gas equipment and services sector."
-- S&P said, "The C$114 million of emergence EBITDA incorporates
our adjusted assumption for minimum capital spending of 2% and our
standard 5% cyclicality adjustment for issuers in the oil and gas
equipment and services sector. We also adjust our estimate so the
EBITDA degradation in our hypothetical default scenario is in line
with that of similarly rated peers."
-- S&P maintains the obligor/nonobligor split of 100%/0% to
reflect the split between the EBITDA it generates in the U.S. and
internationally.
-- S&P said, "Our recovery analysis assumes that in a hypothetical
bankruptcy scenario CES' revolving credit facility (not rated)
would be fully covered. Although the revolving credit facility's
commitment is C$550 million, we assume outstanding borrowings of
about C$485 million (85% drawn) at default."
Simulated default assumptions
-- Simulated year of default: 2029
-- EBITDA at emergence: C$114.4 million
-- Implied enterprise value multiple: 5.5x
-- Gross enterprise value: C$629 million
Simplified waterfall
-- Net enterprise value (after 5% administrative costs and
obligor/nonobligor valuation split: 100%/0%): C$598 million
-- Senior secured claims (assumed 85% cash flow revolver usage):
C$485 million
-- Total enterprise value available to unsecured claims: C$113
million
-- Senior unsecured debt claims: C$309 million
--Recovery expectations: 30%-50% (rounded estimate: 35%)
All amounts include six months of accrued prepetition interest.
CHEESE SHOP: Case Summary & 20 Largest Unsecured Creditors
----------------------------------------------------------
Debtor: The Cheese Shop LLC
d/b/a Wedgewood Cheese Bar
100B Brewer Lane
Carrboro, NC 27510
Business Description: The Cheese Shop LLC, doing business as
Wedgewood Cheese Bar, operates a cheese bar and cheese and wine
shop in Carrboro, North Carolina. The company offers cheese-
forward food service, cheese boards, wine and other beverages,
catering and private dining, events and classes, gift cards, and a
food-focused blog.
Chapter 11 Petition Date: May 29, 2026
Court: United States Bankruptcy Court
Middle District of North Carolina
Case No.: 26-80175
Judge: Hon. Benjamin A Kahn
Debtor's Counsel: Lydia C. Carpenter, Esq.
HENDREN, REDWINE & MALONE, PLLC
4600 Marriott Drive
Suite 150
Raleigh, NC 27612
Tel: (919) 420-7867
Fax: (919) 420-0475
Email: lcarpenter@hendrenmalone.com
Total Assets: $116,896
Total Liabilities: $1,375,336
The petition was signed by Stevie Lee Webb as managing 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/32R7QWY/The_Cheese_Shop_LLC__ncmbke-26-80175__0001.0.pdf?mcid=tGE4TAMA
CID HOLDCO: Issues $287,500 Note, Starts Furlough
-------------------------------------------------
CID HoldCo Inc. issued a $287,500 senior secured convertible
promissory note and implemented a temporary employee furlough as it
evaluates financing opportunities, according to a Form 8-K filing
with the Securities and Exchange Commission.
The note was issued to White Lion Capital LLC for $230,000 in cash
proceeds, reflecting a 20% original issue discount. The note bears
8% annual interest and matures six months after issuance. CID said
proceeds from the closing are required to be used for scheduled
monthly payments under a senior secured convertible note issued to
J.J. Astor & Co.
The company also said its CEO, chief financial officer and chief
technology officer agreed to reduce salary payments to minimum
state-law amounts and defer base salaries. Its chief revenue
officer agreed to receive 50% of salary and defer the balance. The
Company expects to restore executive compensation to the levels in
effect before the reductions and, as applicable, pay the deferred
portions of executive salaries when it is able to do so in
connection with its review of financing opportunities.
The furlough took effect May 25. Affected employees will not
perform services or receive salary or wages during the furlough,
subject to applicable law.
About CID Holdco
CID Holdco, Inc., formerly known as SEE ID Inc. and doing business
as Dot AI, is a Las Vegas, Nevada-based company that provides a
SaaS platform for real-time asset tracking and visibility. The
company develops asset tracking technology using RFID, edge camera
platforms, artificial intelligence, machine learning, and related
software applications. Its systems support vehicle inspection,
inventory tracking, item and personnel tracking, and vehicle
collision avoidance, serving industries including construction,
military, mining, retail, warehousing, and manufacturing. CID
Holdco also manufactures hardware through Dot Works in Puerto Rico
and has software, embedded development, and design for
manufacturing operations in India and Massachusetts.
In an audit report dated March 11, 2026, Carr, Riggs & Ingram
L.L.C. included a going concern paragraph stating that the Company
has incurred recurring losses from operations, has a working
capital deficiency, and an accumulated deficit that raise
substantial doubt about its ability to continue as a going
concern.
As of March 31, 2026, CID HoldCo reported total assets of $7.77
million, total liabilities of $11.87 million and a shareholders'
deficit of $4.09 million.
CLEAN ENERGY: Gets Nasdaq Notice Over Late 10-Q
-----------------------------------------------
Clean Energy Technologies Inc. received a Nasdaq notice after it
had not filed its Form 10-Q for the quarter ended March 31, 2026,
according to a Form 8-K filing with the Securities and Exchange
Commission.
The notice, received May 26, said the company was not in compliance
with Nasdaq Listing Rule 5250(c)(1), which requires listed
companies to timely file required periodic reports.
The notice has no immediate effect on the listing or trading of the
company's securities. Clean Energy has 60 calendar days from
receipt of the notice to submit a plan to regain compliance.
If Nasdaq accepts the plan, it may grant an exception of up to 180
calendar days from the Form 10-Q due date, or until Nov. 16, 2026.
Clean Energy said it is working to complete and file the quarterly
report.
About Clean Energy
Clean Energy Technologies, Inc., headquartered in Irvine,
California, develops renewable energy products and clean energy
solutions focused on energy efficiency and renewable energy. The
company provides waste heat recovery, waste-to-energy, engineering,
consulting and project management services, including converting
waste products into electricity, renewable natural gas, hydrogen
and biochar. Through Clean Energy Technologies (H.K.) Limited, the
company sources, purchases and supplies natural gas to industries
and municipalities in mainland China.
In an audit report dated April 14, 2025, TAAD, LLP included a going
concern paragraph stating that the Company had an accumulated
deficit and negative cash flows from operations that raised
substantial doubt about the company's ability to continue as a
going concern.
As of Sept. 30, 2025, Clean Energy Technologies reported total
assets of $14.8 million, total liabilities of $7.7 million and
total equity of $7.1 million.
CLEVELAND INSTITUTE OF ART: S&P Affirms 'BB' Rating on Rev. Bonds
-----------------------------------------------------------------
S&P Global Ratings affirmed its 'BB' rating on Ohio Higher
Educational Facility Commission's (the commission) series 2018
facility revenue bonds, issued for Cleveland Institute of Art (CIA
or the institute).
The outlook is stable.
S&P said, "We analyzed CIA's environmental, social, and governance
factors related to the institute's market position and financial
performance. We view these factors as neutral in our credit rating
analysis.
"The stable outlook reflects our opinion that, despite declining
enrollment, CIA will maintain solid demand metrics, financial
resources will remain stable, and the institute will not issue
additional debt. The outlook also reflects our opinion of
management's efforts to improve operations starting in fiscal 2027
through targeted expense cuts.
"We could take a negative rating action if financial resources were
to fall to a level we no longer consider commensurate with the
rating, operations weaken after management's planned expense cuts,
demand metrics were to weaken, or if CIA were to issue additional
debt without corresponding financial resource growth.
"We could take a positive rating action if CIA were to stabilize
enrollment, demonstrate sustained improvement in operating
performance without extraordinary endowment draws, and improve
financial resources to levels commensurate with those of
higher-rated peers."
CLINTWOOD JOD: Committee Hires Province LLC as Financial Advisor
----------------------------------------------------------------
The official committee of unsecured creditors of Clintwood JOD, LLC
seeks approval from the U.S. Bankruptcy Court for the Eastern
District of Kentucky to hire Province, LLC as its financial
advisor.
The firm's services include:
a. becoming familiar with and analyzing the Debtors' DIP/Cash
Collateral budget, assets and liabilities, and overall financial
condition;
b. reviewing financial and operational information furnished
by the Debtors;
c. monitoring the sale process, interfacing with the Debtors'
professionals, and advising the Committee regarding the process;
d. scrutinizing the economic terms of various agreements,
including, but not limited to, various professional retentions;
e. analyzing the Debtors' proposed business plans and
developing alternative scenarios, if necessary;
f. assessing the Debtors' various pleadings and proposed
treatment of unsecured creditor claims therefrom;
g. preparing, or reviewing as applicable, avoidance action and
claim analyses;
h. assisting the Committee in reviewing the Debtors' financial
reports, including, but not limited to, statements of financial
affairs, schedules of assets and liabilities, DIP/Cash Collateral
budgets, and monthly operating reports;
i. advising the Committee on the current state of these
chapter 11 cases;
j. advising the Committee in negotiations with the Debtors and
third parties as necessary;
k. if necessary, participating as a witness in hearings before
the Court with respect to matters upon which Province has provided
advice; and
l. other activities as are approved by the Committee, the
Committee's counsel, and as agreed to by Province.
Province's current standard hourly rates are:
Managing Directors and Partners $900 to $1,600
Vice Presidents, Directors,
and Senior Directors $700 to $1,050
Analysts, Associates,
and Senior Associates $370 to $750
Paraprofessional/Admin /Interns $270 to $380
As disclosed in the court filings, Province, LLC is a
"disinterested persons" within the meaning of section 101(14), as
modified by section 1107(b) of the Bankruptcy Code.
The firm can be reached through:
Adam Rosen
Province, LLC
2360 Corporate Circle, Suite 340
Henderson, NV 89074
Phone: (702) 685-5555
About Clintwood JOD LLC
Clintwood JOD, LLC is a coal mining company based in Belcher,
Kentucky, operating surface and underground mining activities
focused on producing bituminous coal for industrial and
metallurgical use. Founded in 2019, the company works across
eastern Kentucky and nearby regions, supplying coal to domestic
energy and steel-related markets. Its operations center on
extracting, processing, and transporting coal, supporting demand
from industrial clients in the region.
Clintwood JOD sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Ky. Case No. 26-60438) on March 22,
2026. In the petition signed by J. Christopher Adkins, authorized
signatory, the Debtor disclosed assets of between $100 million and
$500 million and liabilities of between $50 million and $100
million.
Judge Gregory R. Schaaf oversees the case.
Dean A. Langdon, Esq., at Gartland Thacker DelCotto, PLLC,
represents the Debtor as legal counsel.
COMPUTE NORTH: Court Narrows Claims in Tribolet Adversary Case
--------------------------------------------------------------
Judge Marvin Isgur of the U.S. Bankruptcy Court for the Southern
District of Texas ruled on the motion for partial summary judgment
filed by Corpus Christi Energy Park, LLC, and Bootstrap Energy, LLC
Tribolet Advisors LLC's claims for violation of automatic stay,
transfer avoidance, unjust enrichment, and piercing the corporate
veil in the adversary proceeding captioned as TRIBOLET ADVISORS
LLC, Plaintiff, VS. CORPUS CHRISTI ENERGY PARK, LLC, et al.,
Defendants, ADVERSARY NO. 23-3210 (Bankr. S.D. Tex.) as follows:
1. The constructive fraudulent transfer avoidance claim over the
Design Build Contract payments fails as a matter of law.
2. The claim for unjust enrichment fails as a matter of law.
3. The alter ego/piercing the veil claim fails as a matter of law.
4. The preferential transfer claim for $35,000 in storage fee
payments is moot.
5. The claim seeking contempt damages for violation of the
automatic stay fails as a matter of law.
Compute North owned and operated cryptocurrency mining data
centers. Bootstrap Energy, LLC was formed to develop "large scale
energy infrastructure projects" for data centers.
In February 2021, Bootstrap identified a 114-acre tract of land in
Corpus Christi, Texas for its "Corpus Christi Energy Park."
Bootstrap's plan was to develop a "shovel ready" site on the land,
and market parcels of the site to prospective data center owners.
Bootstrap pitched the idea to Compute North in October 2021.
Following negotiations, Compute North and Bootstrap, doing
business as Corpus Christi Energy Park, LLC, entered into a term
sheet purchase agreement. ECF No. 138-2 at 256. The Term Sheet
provided that Bootstrap would develop and obtain easements on the
114-acre tract of land, and Compute North would prepay $500,000.00
for a 50 year ground lease on a 33.8 acre parcel ("1102 McKinzie").
The ground lease would convert into fee title upon partition and
land survey approval.
Under the Term Sheet, Compute North paid $2,371,500.00 for
earnest money, and $758,880.00 for a termination option fee in
consideration for reserving a 30-day exclusive option period of
negotiation.
In March 2022, Compute North Corpus Christi, LLC and Corpus
Christi Energy Park entered into the design build contract for an
original purchase price of $24,250,000.00. The purchase price was
to be paid in installments. Upon execution of the Design Build
Contract, about $10.37 million was paid to Bootstrap. The $10.37
million was funded from the release of the escrowed earnest money,
and an additional payment of $8 million.
The Design Build Contract required Corpus Christi Energy Park
to tender a satisfactory interconnection agreement with AEP Texas
for 300 MW of electricity capacity to Compute North within 60 days
of the signing of the contract. Corpus Christi Energy Park did not
tender a satisfactory AEP letter of agreement by the 60-day
deadline.
On June 3, 2022, Corpus Christi Energy Park issued a notice of
default to Compute North for failure to timely pay for the first
half of a change order executed in May 2022. ECF No. 138 at 22. A
few days later, Compute North emailed Corpus Christi Energy Park
regarding its right to terminate the Design Build Contract for
failure to timely provide the AEP Agreement. However, Compute North
expressed its interest in proceeding with the project. Later in the
month, Corpus Christi Energy Park sent Compute North another notice
of nonpayment on the change order, exercising its right to stop
work. Despite cross notices of defaults, the parties proceeded with
the project.
On August 25, 2022, Corpus Christi Energy Park provided a new
AEP Agreement to Compute North. The next day, Corpus Christi Energy
Park communicated to Compute North intent to terminate the Design
Build Contract for Compute North's failure to make its third
milestone payment.
On September 22, 2022, Compute North and its affiliates filed for
Chapter 11 bankruptcy protection.
In December 20, 2022, the Court entered an agreed order
terminating the Design Build Contract.
After the Design Build Contract was terminated, Corpus Christi
Energy Park and Bootstrap completed the 1102 McKinzie facility, and
sold it to a third-party buyer. Tribolet alleges that Corpus
Christi Energy Park and Bootstrap used Compute North's payments
under the Design Build Contract to complete the facility. Tribolet
also alleges that they used the funds on another project ("1242
McKinzie Project") in the Energy Park.
Constructive Fraudulent Transfers
Tribolet seeks avoidance of payments Compute North made
under the Design Build Contract in the total amount of $11,024,097.
The payments were:
* March 16, 2022: $8,005,500 for milestone payment #1.
* March 17, 2022: $2,371,500 in released escrowed funds to
milestone payment #1.
* August 30, 2022: $647,097.00 for a change order payment.
Tribolet argues that those payments constitute avoidable
constructive fraudulent transfers under Sec. 548(a)(1)(B).
The sole issue in this case is whether the Design Build Contract
payments were made for less than reasonably equivalent value.
In this case, Tribolet does not dispute the validity or the
enforceability of the Design Build Contract. But Tribolet argues
that the first milestone payment, in the amount of about $10.37
million, was not for reasonably equivalent value. That payment
became due upon "Execution and Delivery of the Contract Documents."
Tribolet argues that the value of contract execution is
disproportionate compared to the $10.37 million payment. Corpus
Christi Energy Park contends that the payment reflects "significant
value" prior to the execution of the Design Build Contract --
namely the upfront work to get the Energy Park site "shovel ready."
But Corpus Christi Energy Park also concedes that the first
milestone payment was made to mitigate risk because Compute North
allegedly failed to provide a letter of credit or other security to
ensure funding for the project.
According to the Court, the payment of about $647,097 in connection
with the change order was made in exchange for reasonably
equivalent value as a matter of law. The change order was executed
by the parties for the procurement of voltage breakers. Corpus
Christi Energy Park incurred a charge from its subcontractor as the
result of the change order. Tribolet's constructive fraudulent
transfer claim fails as a matter of law.
Unjust Enrichment
Corpus Christi Energy Park argues that Tribolet's unjust
enrichment claim fails as a matter of law because a valid, express
contract governs this dispute.
The Court finds at the summary judgment stage, the record
demonstrates that the parties' dispute is governed by the Design
Build Contract. Tribolet seeks recovery of the same payments made
under the Design Build Contract through both breach of contract and
unjust enrichment theories.
Alter Ego/Pierce the Corporate Veil
Tribolet seeks to hold Bootstrap liable for Corpus Christi Energy
Park's obligations under the Design Build Contract. To do so,
Tribolet must pierce the corporate veil under Texas law. Corpus
Christi Energy Park and Bootstrap argue that Tribolet cannot pierce
the corporate veil because Tribolet cannot prove actual fraud as a
matter of law. Tribolet's main assertion for actual fraud is that
the "entire structure of and relationship between Bootstrap, Corpus
Christi Energy Park, and the McKinzie entities was calculated to
provide maximum benefit to Bootstrap while placing maximum risk on
Compute North."
According to the Court, there is nothing on the record to suggest
that Compute North was "kept in the dark" during negotiations
preceding the execution of the Design Build Contract. The
circumstances in this case are insufficient to support a veil
piercing claim. The alter ego/veil piercing claim, to hold
Bootstrap liable for Corpus Christi Energy Park's contractual
obligations, fails as a matter of law.
Preferential Transfer
Tribolet concedes he is not seeking to avoid storage fee payments
in the amount of $35,000 as preference transfers. Corpus Christi
Energy Park does not seek summary judgment on the $647,096.00
change order payment. Tribolet's preference transfer claim over the
remaining $647,096.00 survives summary judgment.
Violation of Automatic Stay
Tribolet argues that Compute North had a legal and equitable
interest in the 1102 McKinzie and 1242 McKinzie projects as of the
Petition Date. The basis of those alleged interests is that Corpus
Christi Energy Park and Bootstrap retained payments made under the
Contract and used those payments for projects. Tribolet asserts
that they violated the automatic stay by marketing and selling
those projects.
Tribolet seeks damages for the violation of the automatic stay
under Sec. 105. The Court finds at the summary judgment stage,
Tribolet has not raised a genuine issue of fact as to whether
damages are warranted for a stay violation. Count Two fails as a
matter of law.
A copy of the Court's Memorandum Opinion dated May 27, 2026, is
available at https://urlcurt.com/u?l=UPDWu3 from PacerMonitor.com.
About Compute North Holdings
Computer North Holdings, Inc., now known as Mining Project Wind
Down Holdings Inc. -- https://www.computenorth.com/ -- operated
crypto mining data centers -- two in Texas and one in both South
Dakota and Nebraska. Compute North Holdings and 18 affiliates
sought protection under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. S.D. Texas Lead Case No. 22-90273) on Sept. 22, 2022. In
the petitions signed by Harold Coulby, as authorized signatory, the
Debtors reported between $100 million and $500 million in both
assets and liabilities.
Judge Marvin Isgur oversees the cases.
The Debtors tapped Paul Hastings, LLP and Ferguson Braswell Fraser
Kubasta, PC as bankruptcy counsels; Jefferies, LLC as investment
banker; and Portage Point Partners as financial advisor. Epiq
Corporate Restructuring, LLC is the claims, noticing and
solicitation agent.
On Oct. 6, 2022, the Office of the U.S. Trustee for Region 7
appointed an official committee of unsecured creditors. The
committee tapped McDermott Will & Emery LLP as legal counsel; and
Miller Buckfire & Co., LLC and its affiliate, Stifel, Nicolaus &
Co., Inc., as investment banker.
On Nov. 23, 2022, the Debtors filed their proposed joint
Chapter 11 liquidating plan and disclosure statement. In February
2023, the Debtors secured Bankruptcy Court approval of its
liquidation after selling off its assets. The Debtors, which
entered bankruptcy with about $250 million in secured debt, sold
off assets through 13 separate sales and reached key settlements
with all of their largest creditors and constituents.
CONDOMINIUM BOARD: Court Won't Dismiss Bankruptcy Case
------------------------------------------------------
The Hon. Michael E. Wiles of the U.S. Bankruptcy Court for the
Southern District of New York denied the motion of the Residential
Board of Managers of the Cassa NY Condominium and Waterscape Resort
LLC to dismiss the bankruptcy case of The Condominium Board of
Managers of The Cassa NY ("the Condo Board") and/or to remove the
Condo Board as debtor in possession.
The condominium is divided into separate commercial and residential
units, and a separate Residential Board of Managers (the
"Residential Board") has responsibilities for certain matters that
pertain solely to the residential spaces. The Condo Board has the
right to assess and collect common charges and the ability to make
special assessments, but it has no other source of revenue.
The hotel spaces closed as a result of the Covid pandemic in 2020.
The prior owner of the commercial spaces then defaulted in the
payment of common charges, and its nominees to the Condo Board
either resigned or failed to participate further. The Residential
Board obtained a default judgment against the Condo Board in 2021
in an action to recover common charges that the residential owners
had overpaid. The New York State Supreme Court also issued
injunctions, and a later TRO, in aid of the enforcement of that
judgment. Waterscape Resort LLC, in its capacity as the purported
manager of the condominium, also filed a disputed Confession of
Judgment in 2025 that led to entry of an additional judgment.
The commercial spaces were sold in a foreclosure sale in mid-2025,
and the new owner of the commercial spaces designated the members
of the Condo Board that it was entitled to appoint. The new owners
of the commercial spaces did not assume the obligations of the
prior owners. The Residential Board contended, however, that a
state court injunction issued in 2021, and a separate restraining
order issued by the state court in 2026, barred the Condo Board
from assessing or collecting any common charges from the
Residential Board and/or from the owners of residential units
unless and until the condominium first satisfied the judgment that
the Residential Board obtained in 2021. Waterscape asserted its own
claims, and the parties obtained competing temporary restraining
orders, from different state court judges, regarding the parties'
respective management rights and the enforcement of Waterscape's
claims.
The Condo Board filed a bankruptcy petition on February 24, 2026 to
try to sort out the mess that the parties' disputes had created.
The Debtor has removed, from the New York State
courts, the lawsuit in which the original 2021 judgment, the 2021
injunction and the 2026 TRO were issued and three other lawsuits
that were pending in the state court.
The Bankruptcy Court held an initial hearing on April 14, 2026 and
thereafter Judge Wiles entered an Order in which he confirmed the
Debtor's right to proceed under Subchapter V of chapter 11 and in
which he denied a motion to dismiss to the extent that it alleged
bad faith or mismanagement by the Condo Board.
The Residential Board and Waterscape argue that the bankruptcy
filing should be dismissed and that actions taken at the relevant
meeting of the Condo Board should be treated as a nullity, on the
ground that the agenda for the meeting at which the bankruptcy
filing was authorized only stated an intent to discuss "how to
address" financial difficulties and illiquidity, and did not
explicitly state that a bankruptcy filing was a possible solution.
They also contend that the injunction and TRO that the state court
issued in aid of the enforcement of the 2021 judgment should
continue to be given effect, and that the Condo Board should not be
allowed to assess, collect and pay post-petition common charges
from the residential owners unless and until it first pays the
amount due on the 2021 judgment. The Residential Board and
Waterscape have also asked that the Bankruptcy Court remand all of
the removed actions to the state court and/or abstain from
exercising Jurisdiction over them, and lift the automatic stay to
allow the state court cases to continue. Finally, they have also
objected to the retention of the law firm of Tarter, Krinsky and
Drogin as counsel to the Debtor. The Subchapter V trustee filed a
separate letter suggesting that it might make sense to compel the
parties to mediate their disputes.
The Bankruptcy Court will issue one or more Orders:
(1) denying the motion to dismiss or the motion to remove the
Condo Board as debtor in possession;
(2) holding that the state court injunctions do not restrict the
post-petition management rights of the Condo Board, including but
not limited to its authority to assess, collect and pay common
charges and expenses;
(3) modifying the state court injunctions and temporary
restraining orders to conform
to the supervening requirements of the Bankruptcy Code;
(4) denying the motions for mandatory abstention, permissive
abstention, remand and/or relief from the automatic stay as to the
actions that have been removed from state court to the Bankruptcy
Court;
(5) approving the retention of Tarter, Krinsky & Drogin LLP as
attorneys for the Debtor; (6) denying, without prejudice, the
motion by the Residential Board and Waterscape to give special
powers to the Subchapter V trustee; and
(7) denying, without prejudice, the request by the Subchapter V
trustee that the Bankruptcy Court order the parties to submit to
mediation.
A copy of the Court's Order dated May 26, 2026, is available at
https://urlcurt.com/u?l=I9UmJs from PacerMonitor.com.
Proposed Counsel to the Condominium Board of Managers of
The Cassa NY Condominium:
Scott S. Markowitz, Esq.
Rocco A. Cavaliere, Esq.
Jack M. Manchester, Esq.
jmanchester@tarterkrinsky.com
Tarter Krinsky & Drogin LLP
1350 Broadway
New York, NY 10018
E-mail: smarkowitz@tarterkrinsky.com
rcavaliere@tarterkrinsky.com
Attorneys for the Residential Board of Managers of the
Cassa NY Condominium and Waterscape Resort, LLC:
Andrew R. Gottesman, Esq.
ROSENBERG & ESTIS, P.C.
11 Grand Central East
New York, NY 10017
E-mail: agottesman@rosenbergestis.com
About The Condominium Board of Managers of
The Cassa NY
The Condominium Board of Managers of The Cassa NY Condominium
sought protection under Chapter 11 of the U.S. Bankruptcy Code
(Bankr. S.D. N.Y. Case No. 26-10379) on February 24, 2026, with
$50,001 to $100,000 in assets and $1 million to $10 million in
liabilities.
Judge Michael E. Wiles oversees the case.
Scott S. Markowitz, Esq., at Tarter Krinsky & Drogin, LLP
represents the Debtor as legal counsel.
CONFLUENCE CORPORATION: Unsecureds Will Get 6.3% in 3 Years
-----------------------------------------------------------
Confluence Corporation filed with the U.S. Bankruptcy Court for the
District of Hawaii a Disclosure Statement describing Plan of
Reorganization dated May 22, 2026.
The Debtor is a Hawaii corporation. It was founded in 1975 as an
air conditioning service company. Christopher Caliedo acquired the
Debtor in 2013.
The Debtor currently specializes in maritime vessel repair and
maintenance services, including welding, mechanical, HVAC and
related services for US Navy and commercial vessels, and also
performs similar work for private-sector land-based clients. It
relies almost exclusively on contract employees for jobs on the
mainland.
The Debtor's financial difficulties date back to liquidity
challenges caused by the COVID pandemic, exacerbated by the
Debtor's inability to obtain reasonable financing to fund the
often, heavy upfront costs associated with its jobs.
The funding necessary for the Debtor to emerge from Chapter 11 will
be provided by business operations.
Class 4 consists of Allowed General Unsecured Claims which is
estimated to total approximately $7,924,975 (consisting of
approximately $3,110,213 in filed General Unsecured Claims, the
approximately $1,106,054 claim of Fox Capital Group, Inc., and
approximately $3,708,528 of scheduled General Unsecured Claims).
Each Holder of an Allowed General Unsecured Claim shall receive a
Pro Rata share of a fixed distribution fund in aggregate amount of
$750,000, payable in three annual installments of $250,000 each on
or before December 15, 2027, December 15, 2028 and December 15,
2029. The Debtor estimates that Holders of Allowed General
Unsecured Claims will receive approximately 6.3% of their claims.
Class 4 is impaired, and Holders of General Unsecured Claims are
entitled to vote to accept or reject the Plan.
Class 5 consists of Allowed Equity Interests in the Debtor held by
Christopher Caliedo. Mr. Caliedo shall retain his Equity Interests
in the Debtor. Class 5 is unimpaired, and is deemed to accept the
Plan.
The Plan will be implemented and funded from the Debtor's
operations.
The Debtor will, as the Reorganized Debtor, continue to exist on
and after the Effective Date with all of the powers of a legal
entity under the applicable nonbankruptcy law, and without
prejudice to any right to alter or terminate its existence (whether
by merger or otherwise).
A full-text copy of the Disclosure Statement dated May 22, 2026 is
available at https://urlcurt.com/u?l=5k3V3c from PacerMonitor.com
at no charge.
The Debtor's Counsel:
Chuck C. Choi, Esq.
CHOI & ITO
700 Bishop Street, Suite 1107
Honolulu, HI 96813
Tel: 808-533-1877
Fax: 808-566-6900
Email: cchoi@hibklaw.com
About Confluence Corporation
Confluence Corporation, doing business as Regal Service Company,
specializes in maritime vessel repair and maintenance services.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Hawaii Case No. 25-00623) on July 17,
2025, listing between $1 million and $10 million in both assets and
liabilities. Christopher W. Caliedo, president of Confluence,
signed the petition.
Judge Robert J. Farris oversees the case.
Chuck C. Choi, Esq., at Choi & Ito, represents the Debtor as legal
counsel.
COSCIENS BIOPHARMA: Deloitte LLP Raises Going Concern Doubt
-----------------------------------------------------------
COSCIENS Biopharma Inc. filed its Annual Report on Form 20-F for
the fiscal year ended December 31, 2025 with the U.S. Securities
and Exchange Commission earlier this year. The audited report
contains a blunt warning: conditions exist that raise substantial
doubt about its ability to continue as a going concern.
Montreal, Canada-based Deloitte LLP, the Company's auditor since
2024, issued a "going concern" qualification in its report dated
March 25, 2026, attached to the Company's Annual Report for the
fiscal year ended December 31, 2025, citing that the Company
incurred a net loss of $10.36 million and had negative cash flows
from operating activities of $8.47 million during the year ended
December 31, 2025, and, as of that date, the Company had an
accumulated deficit of $20.51 million. These conditions, along with
other matters, raise substantial doubt about the Company's ability
to continue as a going concern.
The Company has also experienced a sustained decline in revenues
and has incurred continuous operating losses during the current and
prior fiscal period, raising substantial doubt about the Company's
ability to continue as a going concern.
The Company generated revenue of $7.5 million in 2025, compared to
a revenue of $9.59 million in 2024.
In addition, a significant portion of the Company's revenue is
derived from a single customer primarily located in the United
States, exposing the Company to potential volatility in cash flows.
Furthermore, on August 1st, 2025, the President of the United
States issued executive orders imposing 35% tariffs on imports from
Canada, up from the previous 25%, with an exemption for The
Canada-United States-Mexico Agreement ("CUSMA")-compliant goods.
Although the Company's product sales to the US are CUSMA compliant,
the Company is monitoring the potential direct and indirect impacts
of tariffs, retaliatory tariffs, or other trade protectionist
measures. As a result, the Company is exposed to uncertainty in
cash flows from operations and consequently, there is no assurance
that projected revenue and positive cash flows will be realized.
Failure to achieve these projections could require the Company to
reduce or curtail operations and development activities, harming
the business, financial condition, and results of operations.
The Company has implemented a comprehensive strategic plan that
focuses on initiatives to conserve cash. As part of this plan,
management is actively evaluating its overall manufacturing process
and procurement strategy to identify potential areas for future
margin improvement and cost reduction. Actions taken to date
included reduced spending on research and development activities,
lowering capital expenditures and the restructuring of operations.
The Company has begun executing the strategic plan and will
continue to do so as necessary, based on cash availability. There
is no assurance on the availability of future funding which could
impact the Company's ability to continue as a going concern.
A full text copy of the Company's Form 20-F is available at
http://tiny.cc/4174101
About COSCIENS Biopharma Inc.
COSCIENS Biopharma Inc. and its subsidiaries, formerly Aeterna
Zentaris Inc., is a Life Science Company developing and
commercializing a diversified portfolio of products for the
cosmeceutical, nutraceutical and pharmaceutical markets. These
products are produced using the Company's proprietary technologies.
The Company's patented technologies include the Pressurized Gas
eXpanded (PGX) technology, which is a unique technology that
generates high-value yields of active ingredients from natural
based resources for use in novel cosmeceutical, nutraceutical and
pharmaceutical products. The Company's two value-driving products,
oat beta glucan and avenanthramides, are found in many household
name cosmetic and personal care brands. These products are
manufactured from the Company's proprietary oat extraction
manufacturing technology and are known for their well-documented
health benefits.
As of December 31, 2025, the Company had $21.43 million in total
assets, $17.59 million in total liabilities, and $3.84 million in
total shareholders' equity.
COSWMP LTD: Kevin Neiman Named Subchapter V Trustee
---------------------------------------------------
The Acting U.S. Trustee for Region 19 appointed Kevin Neiman as
Subchapter V trustee for COSWMP Ltd.
Mr. Neiman will be paid an hourly fee of $375 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Neiman declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Kevin S. Neiman
PO Box 100455
Denver, CO 80250
Tel: (303) 996-8637
Fax: (877) 611-6839
Email: trustee@ksnpc.com
‘ About COSWMP Ltd.
COSWMP Ltd., doing business as SOS Site Services and Snow Outdoor
Services, provides landscape maintenance, irrigation maintenance,
snow removal, tree removal and related site services in Colorado.
The Boulder, Colorado-based company serves commercial and municipal
customers, including public-sector clients, and operates a small
fleet supporting construction and site-service work.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Colo. Case No. 26-13686) on May 22,
2026, with $500,000 to $1 million in assets and $1 million to $10
million in liabilities. Troy Emberton, CFR, signed the petition.
Judge Thomas B. McNamara presides over the case.
Justin M Mertz, Esq. at MICHAEL BEST & FRIEDRICH represents the
Debtor as legal counsel.
CP ATLAS: Moody's Cuts CFR to Caa1, Outlook Negative
----------------------------------------------------
Moody's Ratings downgraded CP Atlas Buyer, Inc.'s (doing business
as American Bath Group, LLC) corporate family rating to Caa1 from
B3, its probability of default rating to Caa1-PD from B3-PD, the
ratings on the senior secured first lien term loan B due 2030,
senior secured first lien revolving credit facility due 2030 and
senior secured first lien notes due 2030 to B3 from B2, and the
ratings on the senior secured second lien notes due 2031 and senior
unsecured notes due 2028 to Caa3 from Caa2. The rating outlook
remains negative.
The rating action reflects the company's weak credit metrics and
deteriorating liquidity with limited prospects that demand will
improve this year. Weak consumer sentiment and rising material
costs will lead to lower levels of repair and remodel, particularly
for more discretionary products such as bathware, and Moody's
expects new residential construction to decline this year.
Moody's expects negative free cash flow generation over the next
12-18 months and weakening covenant headroom under the company's
first-lien net leverage covenant, which is tested at quarter-end
once revolver utilization exceeds 35%.
Governance risk considerations are material to the rating action,
reflecting an aggressive financial policy evidenced by past
debt-financed acquisitions despite weak credit metrics and weak
end-market demand.
RATINGS RATIONALE
The Caa1 CFR reflects the highly discretionary nature of bathware
and spa products and customer concentration with big box retailers
that exposes the company to shifts in its end-market. The company's
very high leverage of over 10x debt/EBITDA expected by the end of
2026 is attributable to an approximate 35% decline in adjusted
EBITDA from its peak in 2022 and the increase in debt levels
following its recent acquisitions. Moody's expects the operating
environment to continue to be challenging, which will limit any
material improvements in credit metrics.
Resin prices, the company's largest material cost, have
significantly increased as a result of the closure of the Strait of
Hormuz, and passing these costs through to customers is difficult
in weak industry conditions.
The rating is supported by American Bath's solid market position
and national footprint and broad bathware product offerings. After
the $32 million senior unsecured notes due December 2028, the
company has no near-term maturities until 2030.
However, American Bath's liquidity is weak, driven by ongoing free
cash flow deficits that Moody's expects to persist through 2026.
As of year-end 2025, the company had no drawings drawn on its
$221.7 million revolving credit facility but drawings increased to
approximately $80M by the end of Q1 2026 because of seasonality and
large semi-annual interest payments in Q1. Moody's expects drawings
will reduce to around $20 million by the end of 2026 but will again
increase significantly in Q1 2027. While this suggests meaningful
availability, actual access could be constrained by its springing
first-lien net leverage covenant, triggered at 35% utilization.
The covenant steps down to 8.5x effective Q3 2026 from 8.75x, and
further to 7.75x effective Q2 2027. The company estimates that its
first-lien net leverage covenant calculation as of Q1 2026 is about
7.2x. While Moody's expects the company to remain in compliance
with its covenant in 2026, Moody's expects the cushion to shrink
and be tight in Q1 2027, given Moody's expectations for EBITDA
declines in 2026 and higher revolver drawings in the quarter, and
in Q2 2027 because of the step-down to 7.75x.
The B3 ratings on the first-lien credit facilities, including the
revolver, term loan and notes, are one notch above the CFR. The
higher rating reflects the prioritized position of debt in the
capital structure and the loss absorption provided by the
second-lien notes and senior unsecured notes. The Caa3 rating on
the second-lien notes and unsecured notes reflects the
subordination of these instruments to the first-lien credit
facilities and the expected loss in value in a default scenario.
ESG CONSIDERATIONS
Governance considerations are material to the credit decision.
Moody's lowered American Bath's credit impact score to CIS-5 from
CIS-4 and its governance issuer profile score to G-5 from G-4,
reflecting heightened governance risk in financial strategy and
risk management. American Bath's leverage has increased
significantly, and Moody's expects the company to rely on its
revolver to cover ongoing cash flow deficits. The company's
management track record score remains at 3, reflecting management's
ability to manage operations and maintain gross margins in a
prolonged period of weak end-market demand.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if debt/EBITDA is sustained below
6.5x and EBITA/interest expense is sustained above 1.0x. An upgrade
would also require adequate liquidity and sufficient cushion under
its financial covenant.
The ratings could be downgraded if there is a deterioration in
liquidity or increased prospects of a default or debt
restructuring.
American Bath Group, LLC is a major US and Canadian manufacturer
and distributor of bathware constructed from gelcoat, sheet molded
compound, porcelain on steel, acrylic and solid surface. The
company also manufactures shower doors and shower wall panels. The
company is owned by funds advised by Centerbridge Partners, L.P.
The principal methodology used in these ratings was Manufacturing
published in September 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
CPM HOLDINGS: S&P Withdraws 'B-' Issuer Credit Rating
-----------------------------------------------------
S&P Global Ratings withdrew its 'B-' issuer credit rating on CPM
Holdings Inc. S&P also discontinued the 'B-' issue-level ratings on
the $100 million revolving credit facility due June 2028 and $1.215
billion term loan due September 2028 after the debt was repaid in
full.
Rosebank Industries completed its acquisition of CPM Holdings on
May 12, 2026. CPM Holdings' revolving credit facility and term loan
were repaid at close. At the time of withdrawal, the outlook was
stable.
CPV MARYLAND: Moody's Hikes Rating on Senior Secured Debt to Ba2
----------------------------------------------------------------
Moody's Ratings has upgraded the senior secured bank credit
facilities of CPV Maryland, LLC (CPV Maryland or Project) to Ba2
from Ba3. The outlook is stable.
CPV Maryland's senior secured bank credit facilities consist of an
outstanding $212 million senior secured term loan B (TLB),
originally issued at $350 million in May 2021, and due in May 2028;
and a $100 million revolving credit facility maturing in November
2027.
RATINGS RATIONALE
The rating action acknowledges the Project's consistently improved
financial and operating performance combined with meaningful debt
repayment achieved to date. CPV Maryland has demonstrated strong
credit metrics, including the Project's Moody's adjusted debt
service coverage ratio (DSCR) achieving a 3.1x and Moody's adjusted
cash flow from operations (CFO) to debt ratio achieving 19%, both
on a three-year average basis during FY 2023 to FY2025. During FY
2025, the Project's Moody's adjusted DSCR and CFO to debt ratio
reached 6.1x and 43.6%, respectively and achieved higher than
expected levels of debt repayment with the Project's TLB balance as
of March 31, 2026 decreasing to $212 million, equivalent to about
$285/kW.
CPV Maryland's financial performance and improving cash flow
reflect the recent improvement in PJM capacity prices and the
Project's demonstrated strong energy margins, further buoyed by the
Project's rolling hedging strategy that provide a good degree of
near-term downside cash flow protection. While the Project's credit
profile reflects the risks of a single asset merchant generator
with exposure to market capacity and energy price volatility, the
Project benefits from substantially improved PJM Base Residual
Auction (BRA) capacity prices which are known at least through
mid-2028 at the $333 MW-day PJM price cap and likely to remain at
the cap through mid-2030, beyond the maturity of the credit
facilities.
The Project additionally benefits from its proximity to the
Washington DC metro area and northern Virginia load centers, which
is a region characterized by expected high load demand due to data
centers. CPV Maryland has achieved significantly favorable spark
spreads as the region experiences high power prices and relatively
low gas prices due to good pipeline access from the Marcellus and
Utica gas supply resources. With the recent improvements in the PJM
BRA capacity prices and widening spark spreads, Moody's expects the
Project's cash flows and credit metrics to improve further as
additional debt repayments are achieved through the Project's cash
sweep mechanism, tempered somewhat by emissions cost volatility due
to compliance requirements pursuant to the Northeast Regional
Greenhouse Gas Initiative (RGGI).
OUTLOOK
The stable outlook reflects Moody's expectation that the Project
will continue to demonstrate solid operating performance, and
credit metrics will continue to improve based on increasingly
favorable capacity pricing environment and an active ongoing
hedging strategy to protect energy margins.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
FACTORS THAT COULD LEAD TO AN UPGRADE
-- Upward rating pressure will remain limited for the Project as a
single power generation asset which is exposed to merchant market
volatility. However, the rating could face upward pressure should
CPV Maryland's leverage decrease substantially leading to
consistently stronger financial metrics such that DSCR is
consistently above 5.0x, and the project CFO to debt ratio remains
above 35%, respectively.
FACTORS THAT COULD LEAD TO A DOWNGRADE
-- The rating could be downgraded if the Project incurs sustained
operational problems.
-- The rating will be pressured downward should the Project face a
sustained period of low energy margins in combination with an
erosion of PJM BRA capacity prices such that the Project DSCR falls
below 3.0x, in combination with the project CFO to debt ratio
falling below 20%, on a sustained basis.
PROFILE
CPV Maryland, LLC is a special purpose entity formed solely to own
and operate the St. Charles Energy Center power generating station
(Plant), a 745 megawatt natural gas-fired combined-cycle combustion
turbine generating facility located in Charles County, Maryland.
CPV Maryland is presently owned 100% by a subsidiary of CPV Group,
LP and managed by its affiliate Competitive Power Ventures, Inc.
LIST OF AFFECTED RATINGS
Issuer: CPV Maryland, LLC
Upgrades:
Senior Secured Bank Credit Facility, Upgraded to Ba2 from Ba3
Outlook Actions:
Outlook, Remains Stable
The principal methodology used in these ratings was Power
Generation Projects published in May 2026.
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.
CRUZ TEC: Seeks to Hire Andrews Myers P.C. as Bankruptcy Counsel
----------------------------------------------------------------
Cruz Tec Inc. seeks approval from the U.S. Bankruptcy Court for the
Southern District of New York to hire Andrews Myers, P.C. as
counsel.
The firm will provide these services:
(a) assist, advise, and represent the Debtors relative to the
administration of this jointly administered Chapter 11 case;
(b) assist, advise, and represent the Debtors in analyzing
assets and liabilities, investigating the extent and validity of
liens and claims, and participating in and reviewing any proposed
asset sales or dispositions;
(c) attend meetings and negotiate with representatives of
creditors;
(d) assist the Debtors in the preparation, analysis, and
negotiation of any plan(s) of reorganization and related disclosure
statement(s);
(e) take all necessary action to protect and preserve the
interests of the Debtors;
(f) appear before the Court, Appellate Courts, and other
courts to protect the Debtors' interests; and
(g) perform all other necessary legal services, including the
removal of any pending Texas state court litigation to the
Bankruptcy Court.
These are the hourly billing rates for Andrews Myers:
T. Josh Judd, Shareholder $625
Lisa Norman, Shareholder $600
Bryce C. Latray, Associate $425
Paralegals $225 to $300
As of the Petition Date, the firm maintained a pre-petition
retainer balance in the amount of $7,500.
According to court filings, Andrews Myers, P.C. does not represent
any interest adverse to the Debtors or their estates and is a
"disinterested person" within the meaning of Section 101(14) of the
Bankruptcy Code.
The firm can be reached at:
T. Josh Judd, Esq.
ANDREWS MYERS, P.C.
1885 Saint James Place, 15th Floor
Houston, TX 77056
Telephone: (713) 850-4200
Facsimile: (832) 786-4877
E-mail: jjudd@andrewsmyers.com
About Cruz Tec Inc.
Cruz Tec Inc., founded in 2001 and headquartered in Houston, Texas,
is a trenchless utility contractor that provides engineering
solutions including cured-in-place pipe (CIPP), pipe bursting,
manhole rehabilitation, and protective coatings. The Company
operates as a self-performing turnkey firm serving municipalities
and utilities across Texas and the United States, with projects
ranging in scale from small contracts to multi-million-dollar
upgrades. Its work includes compliance-driven infrastructure
rehabilitation, such as projects for the San Antonio Water System
under a federal consent decree to repair and modernize sewer
systems.
Cruz Tec sought relief under Subchapter V of Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 25-35537) on Sept. 19,
2025. In its petition, the Debtor reports total assets of
$2,392,423 and total debts of $3,174,040.
Bankruptcy Judge Jeffrey P. Norman handles the case.
The Debtor is represented by Robert C Lane, Esq., at The Lane Law
Firm.
CYCURION INC: To Buy Secuvant for $2.88 Million
-----------------------------------------------
Cycurion Inc. agreed to acquire Secuvant LLC in a merger valued at
about $2.88 million in cash and equity, according to a Form 8-K
filing with the Securities and Exchange Commission.
Cycurion Merger Sub LLC will merge with Secuvant, with Secuvant
surviving as a wholly owned subsidiary of Cycurion. The transaction
includes $875,000 in cash and 888,888 Series I convertible
preferred shares representing $2 million in value.
The cash component consists of $350,000 at closing, $300,000 60
days after closing and $225,000 120 days after closing, subject to
a working capital adjustment.
Secuvant equityholders also are eligible for contingent earn-out
payments over 2026 to 2028, including guaranteed annual payments of
$100,000 and performance-based payments tied to gross profit from
qualifying revenue streams.
Cycurion said in a press release that the acquisition is expected
to contribute about $3 million in annualized revenue and about $1.5
million in EBITDA for fiscal 2026.
About Cycurion
Cycurion, headquartered in McLean, Virginia, provides
cybersecurity, IT security and managed-services offerings. The
company delivers integrated platforms and services for government,
enterprise and other customers, including AI-driven cybersecurity
and national security solutions. Its offerings include managed
detection and response, threat and vulnerability management,
compliance and related cybersecurity services.
In its March 31, 2026, audit report, WWC, P.C., included a going
concern paragraph, citing the Company's recurring operating losses
and working capital deficit as conditions that raise substantial
doubt about its ability to continue as a going concern.
As of March 31, 2026, Cycurion reported total assets of $31.45
million, total liabilities of $17.76 million and total
stockholders' equity of $13.68 million.
DANIEL TRUCKING: Cash Collateral Hearing Set for June 24
--------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois is
set to hold a hearing on June 24 to consider extending Daniel
Trucking International, Inc.'s authority to use cash collateral.
The Debtor is currently authorized to use cash collateral through
June 26 pursuant to the court's fifth interim order.
Under the fifth interim order, the Debtor is allowed to utilize its
cash collateral for post-petition expenses based on an approved
30-day budget, subject to a 10% variance per line item. The budget
shows total operational expenses of $1,103,027.
Secured creditors, Old National Bank and the U.S. Small Business
Administration, were granted adequate protection, through
replacement liens on the cash collateral, with the same validity
and extent as their pre-bankruptcy liens. Additional safeguards
include insurance coverage on the creditors' collateral.
Daniel Trucking International owes approximately $1.3 million and
$1.886 million to Old National Bank and the SBA, respectively. Both
creditors hold perfected security interests in all of the Debtor's
assets, including its cash and receivables pursuant to
pre-bankruptcy UCC filings.
Old National Bank is represented by:
Kristopher A. Capadona, Esq.
Grogan Hesse & Uditsky, P.C.
2 Mid America Plaza, Suite 110
Oakbrook Terrace, IL 60181
Telephone: 630-359-8197
kcapadona@ghulaw.com
About Daniel Trucking International Inc.
Daniel Trucking International, Inc. is a Wheeling, Illinois-based
transportation company.
Daniel Trucking International sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-10329) on July
7, 2025. In its petition, the Debtor reported between $1 million
and $10 million in assets and liabilities.
Honorable Bankruptcy Judge Deborah L. Thorne handles the case.
The Debtor is represented by David Freydin, Esq., at the Law
Offices of David Freydin Ltd. and Gutnicki, LLP.
The Debtor filed its proposed Chapter 11 plan of reorganization on
November 4, 2025.
DECOR HOLDINGS: Order Vacating Judgment in Ryniker Case Annulled
----------------------------------------------------------------
In the appeal styled BRYAN RYNIKER, in his capacity as Litigation
Administrator of the Post-Confirmation Estates of Decor Holdings,
Inc., Plaintiff-Appellant -v. 12 SUMEC TEXTILE COMPANY LIMITED,
Defendant-Appellee, No. 24-2090 (2nd Cir.), Judges Amalya L.
Kearse, Dennis Jacobs, and Raymond J. Lohier, Jr. of the U.S. Court
of Appels for the Second Circuit vacated the order of the U.S.
District Court for the Eastern District of New York that vacated
the denial by the U.S. Bankruptcy Court for the Eastern District of
New York of Sumec Textile Company's motion to vacate the default
judgment against it in the adversary proceeding brought by Bryan
Ryniker. The judgment of the bankruptcy court that, on remand from
the district court, dismissed the adversary proceeding is also
vacated.
Plaintiff Bryan Ryniker, as bankruptcy litigation administrator of
the Post-Confirmation Estates of Decor Holdings, Inc., and its
debtor affiliates, appeals from a 2024 judgment of the United
States Bankruptcy Court for the Eastern District of New York,
granting the motion of defendant Sumec Textile Company Limited to
dismiss this adversary proceeding brought by Ryniker to recover
preferential payments made to Sumec by the Debtors in the 90-day
period before they filed for bankruptcy.
On February 12, 2019, Decor and its debtor affiliates, which were
sellers of decorative fabric, filed a voluntary petition for
bankruptcy under Chapter 11 of the Bankruptcy Code. They listed
Sumec, a Nanjing, China-based textile manufacturer, as their
second-largest unsecured creditor.
On March 4, 2019, Sinosure hired a collection agency in the United
States, Brown & Joseph, LLC ("B&J"), to collect on the Decor debt
to Sumec.
On April 16, 2019, B&J filed a claim in the Decor bankruptcy for
$3,029,719.52 on behalf of "Sumec" as the creditor.
On August 25, 2020, Ryniker commenced the present adversary
proceeding against Sumec. Ryniker sought to recover from Sumec a
total of $693,048.84 of preferential payments that Sumec had
received from the Debtors within 90 days of their filing for
bankruptcy.
In 2021, a default judgment had been entered in favor of Ryniker,
and the bankruptcy judge denied Sumec's motion to vacate for
allegedly insufficient service of process, finding that sufficient
service had been made on Sumec's subagent who had filed Sumec's
proof of claim in the bankruptcy proceeding. The default judgment
was vacated on appeal by the United States District Court for the
Eastern District of New York, which concluded that Sumec had not
expressly or impliedly conferred on its agent or the subagent any
authority to accept service of process on behalf of Sumec. On
remand from the district court, the bankruptcy court in 2024
dismissed the adversary proceeding with prejudice.
On this direct appeal from the bankruptcy court's 2024 judgment,
Ryniker seeks reinstatement of the default judgment, contending
principally that the district court erred in ruling that the
subagent on which the adversary proceeding complaint was served
lacked authority to accept service of process on behalf of Sumec.
The Circuit Judges conclude, "The documents in the record,
including two that were part of Sumec's proof of claim in the
bankruptcy proceeding, establish that Sumec conferred authority on
an agent and a subagent to file Sumec's proof of claim and to do
all that was appropriate in order to collect from Decor the 'full
amount' of Sumec's $3,029,719.52 claim, and thereby implicitly
authorized the agent and subagent to do all that was appropriate to
resist the Administrator's reduction of Sumec's recovery, as could
occur in a bankruptcy adversary proceeding. Accordingly, we vacate
the order of the district court that vacated the bankruptcy court's
denial of Sumec's motion to vacate the default judgment against it;
and we vacate the judgment of the bankruptcy court which, on remand
from the district court, dismissed the adversary proceeding. We
remand to the bankruptcy court for further proceedings."
A copy of the Court's Order dated May 27, 2026, is available at
https://urlcurt.com/u?l=zgNjPx
About Robert Allen Duralee Group
The Robert Allen Duralee Group --
https://www.robertallendesign.com/ -- is a supplier of decorative
fabrics and furniture to the design industry in the United States.
In addition to their own extensive product lines, the Robert Allen
Duralee Group represents six other furnishing companies, including
Paris Texas Hardware, The Finial Company, Clarke & Clarke, Thibaut
and Byron & Byron. The Robert Allen Duralee Group maintains
showroom premises located in major metropolitan cities across the
United States and Canada, and an extensive worldwide agent showroom
network that collectively service more than 30 countries around the
globe. Decor is a privately-owned company with headquarters in
Hauppauge, New York.
The Robert Allen Duralee Group, Inc., and 4 related entities,
including ultimate parent Decor Holdings, Inc., sought
Chapter 11 protection on Feb. 12, 2019. The lead case is In re
Decor Holdings, Inc. (Bankr. E.D.N.Y. Lead Case No. 19-71020).
Decor Holdings estimated assets of $50 million to $100 million and
liabilities of $50 million to $100 million as of the bankruptcy
filing.
The Hon. Robert E. Grossman is the case judge.
The Debtors tapped Hahn & Hessen LLP as counsel; Halperin Battaglia
Benzija, LLP, as special counsel; RAS Management Advisors, LLC, as
restructuring advisor; Blum Shapiro as tax advisor; SSG Capital
Advisors, LLC, as investment banker; Great American as sales agent;
and Omni Management Group, Inc., as claims agent.
DIOCESE OF OAKLAND: Creditors Seek Access to Ch. 11 Voting Records
------------------------------------------------------------------
Emlyn Cameron of Law360 Bankruptcy Authority reports that a group
of unsecured creditors has urged a California bankruptcy court to
order the Roman Catholic Diocese of Oakland to turn over documents
relating to plan voting and creditor communications. The request
includes ballots, correspondence, and other records that the
creditors say could shed light on how support for the Chapter 11
plan was obtained.
The creditors claim there are unanswered questions regarding
interactions between the diocese and certain voting creditors. They
argue that without access to the requested records, it is difficult
to determine whether the solicitation and voting process complied
with bankruptcy rules and standards, the report relays.
The dispute arises as the diocese continues efforts to secure
approval of a reorganization plan designed to address abuse-related
claims and other obligations. Creditors contend that full
disclosure of voting-related materials is necessary to ensure
confidence in the integrity of the confirmation process, according
to Law360.
About Roman Catholic Bishop Of Oakland
The Roman Catholic Bishop of Oakland, a tax-exempt religious
organization, sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Cal. Case No. 23-40523) on May 8,
2023. In the petition signed by Bishop Michael Charles Barber, the
Debtor disclosed $100 million to $500 million in both assets and
liabilities.
Judge William J. Lafferty oversees the case.
The Debtor tapped Foley & Lardner LLP as legal counsel and Alvarez
& Marsal North America, LLC as restructuring advisor. Kurtzman
Carson Consultants LLC is the Debtors' claims and noticing agent
and administrative advisor.
The U.S. Trustee for Region 17 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case. The
committee tapped Lowenstein Sandler, LLP as bankruptcy counsel;
Burns Bair LLP as special insurance counsel; and Berkeley Research
Group, LLC, as financial advisor.
DMLP LLC: Case Summary & Five Unsecured Creditors
-------------------------------------------------
Debtor: DMLP, LLC
4908 Golden Pkwy
Suite 100
Buford, GA 30518
Business Description: DMLP, LLC owns a residential lakefront
vacant lot at 4612 Shirley Rd Gainesville,
GA 30506, valued at $1.48 million.
Chapter 11 Petition Date: June 1, 2026
Court: United States Bankruptcy Court
Northern District of Georgia
Case No.: 26-20879
Debtor's Counsel: Charles Kelley, Esq.
KELLEY LAW LLC
100 Main St SW
Gainesville, GA 30501
Tel: (678) 567-6120
E-mail: charles@charleskelley.law
Total Assets: $1,571,300
Total Liabilities: $898,000
The petition was signed by Arthur Dixon Marlow II as sole member.
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/LULMEDA/DMLP_LLC__ganbke-26-20879__0001.0.pdf?mcid=tGE4TAMA
DOLCHE TRUCKLOAD: Cash Collateral Hearing Set for June 24
---------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Illinois is
set to hold a hearing on June 24 to consider extending Dolche
Truckload Corp.'s authority to use cash collateral.
The Debtor is currently authorized to use cash collateral through
June 26 pursuant to the court's fifth interim order.
Under the fifth interim order, the Debtor is allowed to utilize its
cash collateral to pay operating expenses consistent with the
budget and the prior order entered on July 18, 2025, which remains
in effect.
The Debtor projects total operational expenses of $468,450.
About Dolche Truckload Corp.
Dolche Truckload Corp. provides full truckload transportation
services across the United States, including refrigerated, dry van,
and hazardous materials freight. The Company operates a fleet of
trucks and offers tailored logistics solutions from its
headquarters in Palatine, Illinois.
Dolche Truckload sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ill. Case No. 25-09093) on June 15,
2025. In its petition, the Debtor reported total assets of
$1,944,419 and total liabilities of $3,410,448.
Judge Deborah L. Thorne handles the case.
The Debtor is represented by:
David Freydin, Esq.
Law Offices of David Freydin Ltd
Tel: 630-516-9990
david.freydin@freydinlaw.com
DONALD KELLY: Deadline for Panel Questionnaires Set for June 8
--------------------------------------------------------------
The United States Trustee is soliciting members for committee of
unsecured creditors in the bankruptcy case of Donald Kelly.
If a party wishes to be considered for membership on any official
committee that is appointed, it must complete a questionnaire
available at https://tinyurl.com/y6sjzc9e and return by email it to
Angeliza Ortiz-Ng -- Angeliza.Ortiz-Ng@usdoj.gov -- at the Office
of the United States Trustee so that it is received no later than
1:00 p.m., on Monday, June 8, 2026.
If the U.S. Trustee receives sufficient creditor interest in the
solicitation, it may schedule a meeting or telephone conference for
the purpose of forming a committee.
About Donald Kelly
Donald Kelly filed a bankruptcy petition under Chapter 11 of the
Bankruptcy Code (Bankr. D.N.J. Case No. 26-12692) on March 11,
2026. E. Richard Dressel, Esq. of LEX NOVA LAW, LLC serves as the
Debtor's counsel.
EDGAR BENJAMIN: CEO Sentenced to 6 Months for Financial Misconduct
------------------------------------------------------------------
Avery Bleichfeld of The Bay State Banner reports that a federal
judge has sentenced former nursing home executive Tony Francis to
six months in prison after he admitted misusing federal funds
designated for the Edgar P. Benjamin Healthcare Center. The
sentence includes three years of supervised release and restitution
exceeding $43,600. Francis is expected to report to prison in July
2026 after pleading guilty to federal charges related to
pandemic-era relief money.
The sentencing hearing featured sharply contrasting views of
Francis' leadership. Defense attorneys described him as a respected
healthcare professional who made poor decisions while managing a
financially struggling facility. Critics, including staff members
and supporters of the nursing home, argued that his management
practices harmed the organization, left employees unpaid, and
contributed to the facility's long-running financial difficulties,
the report states.
Court records show Francis admitted using federal disaster loan
proceeds to pursue the purchase of a Connecticut nursing home and
later directing nursing home funds toward personal financial
obligations. Judge Talwani rejected arguments that the acquisition
was pursued on behalf of the facility, noting that the plea
agreement identified Francis as the intended purchaser. While
acknowledging the nursing home's financial challenges, the judge
stressed that the case focused solely on the misuse of federal
funds.
Separate civil litigation remains pending against Francis. The
lawsuit, brought by the nursing home's court-appointed receiver,
alleges he improperly diverted more than $3 million from the
organization over a decade. Francis denies those allegations, and
the court emphasized that the criminal sentence does not address
claims raised in the civil proceedings, the report relays.
About Edgar Benjamin Healthcare
Edgar Benjamin Healthcare is a non-profit skilled Nursing and
Rehabilitation Center, which services the greater Boston
community.
On April 3, 2024, a judge ordered a Boston skilled nursing facility
into receivership after family members of residents warned of
unsafe conditions and operational failures.
Court filings alleged that Edgar P. Benjamin Healthcare Center
suffered from staffing shortages, supply deficiencies, and payroll
lapses that caused some employees to stop reporting to work. The
petition, backed by sworn statements from facility leadership, said
the resulting strain left remaining staff unable to meet the care
needs of the facility's approximately 70 residents.
EEW AMERICAN: Seeks to Hire Hilco Corporate as Investment Banker
----------------------------------------------------------------
EEW American Offshore Structures Inc. and EEW AOS Paulsboro Urban
Renewal, LLC, seek approval from the U.S. Bankruptcy Court for the
District of New Jersey to hire Hilco Corporate Finance, LLC as
their investment banker.
The firm will render these services:
a. familiarize itself to the extent that HCF deems appropriate
with the commercial, financial, operational, and legal
circumstances of the Debtors;
b. identify and recommend to the Debtors potential buyers and
plan sponsors in connection with a Transaction;
c. with the Debtors' assistance, create written materials
(e.g., a "teaser," confidential information memorandum, management
presentation, form of Non-Disclosure Agreement) to be used in
presenting the Transaction opportunity to prospective buyers and
capital sources;
d. solicit and review proposals and make recommendations and
advise the Debtors in negotiating proposals concerning a
Transaction;
e. assist the Debtors in responding to the due diligence
review of interested parties with respect to a Transaction,
including by managing a virtual data room ("VDR"), and assisting
the Debtors in organizing, populating, and maintaining the VDR;
f. assist the Debtors in soliciting, evaluating, and
negotiating Transaction proposals;
g. assist the Debtors and their other professional advisors in
negotiating definitive documentation concerning a Transaction and
otherwise assisting in the process of closing a Transaction; and
h. as necessary, assisting with the preparation of motions
related to a Transaction; consulting with other retained parties,
lenders, creditors' committee, and other parties-in-interest;
participating in hearings and providing testimony in connection
with a Transaction; and performing such other tasks as appropriate
and as may reasonably be requested by the Debtors' management or
counsel.
The firm will receive compensation as follows:
a. Upon June 16, 2025 (the "Effective Date"), the Debtors shall
pay HCF a retainer fee of $50,000 for the services provided in
evaluation and preparing the Debtors for a Transaction. The
Retainer Fee shall be fully earned upon payment and non-refundable.
Commencing on April 1, 2026, the Debtors shall pay HCF a fee of
$25,000 payable monthly and continuing for five months thereafter
for a total of $150,000.
The Monthly Fees shall be fully earned and non-refundable upon
payment but shall be credited against any Sale Transaction Fee
earned as a result of a Sale Transaction that is not with the
credit bidder.
b. The Debtors shall pay HCF a fee (a "Sale Transaction Fee")
upon and as a condition to the Closing of a Sale Transaction in an
amount equal to (i) $800,000, plus (ii) 5% of the aggregate
Transaction Value in excess of $30 million; provided that the Sale
Transaction Fee for the Closing of a Sale Transaction consummated
by an initial credit bid (with no other bidders) from the Debtors'
secured lender shall equal (i) $400,000, plus (ii) 5% of the
aggregate Transaction Value in excess of $30 million;
c. A Sale Transaction Fee shall not arise to any purchase
price realized on the Building Auction;
d. The amount under section (b) shall accrue only once even if
Sale Transactions will be executed with more than one third party
hereunder.
Hilco is a "disinterested person" within the meaning of section
101(14) of the Bankruptcy Code, according to court filings.
The firm can be reached through:
Richard Klein
Hilco Corporate Finance, LLC
1500 Broadway 27th Floor
New York, NY 10036
Email: rklein@hilcocf.com
About EEW American Offshore Structures Inc.
EEW American Offshore Structures Inc. sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. N.J. Case No.
26-13901-JNP) on April 8, 2026. In the petition signed by Tom
Pratt, chief restructuring officer, the Debtor disclosed up to $50
million in both assets and liabilities.
Judge Jerrold N. Poslusny, Jr. oversees the case.
Brett S. Theisen, Esq., at Connell Foley LLP, represents the Debtor
as legal counsel.
DiScho Vermogensverwaltung GmbH & Co. KG, as DIP Lender, is
represented by:
Ericka F. Johnson, Esq.
Daniel N. Brogan, Esq.
Steven D. Adler, Esq.
BAYARD, P.A.
600 N. King Street, Suite 400
Wilmington, DE 19801
Telephone: (302) 655-5000
E-mail: ejohnson@bayardlaw.com
dbrogan@bayardlaw.com
sadler@bayardlaw.com
EEW AMERICAN: Seeks to Tap Connell Foley LLP as Bankruptcy Counsel
------------------------------------------------------------------
EEW American Offshore Structures Inc. and EEW AOS Paulsboro Urban
Renewal, LLC, seek approval from the U.S. Bankruptcy Court for the
District of New Jersey to hire Connell Foley LLP as their counsel.
The firm's services include:
a. advising the Debtors with respect to their powers and
duties as debtors in possession in the continued management of and
operation of their businesses and properties;
b. advising and consulting on the conduct of these Chapter 11
Cases, including the legal and administrative requirements of
operating in chapter 11;
c. advising the Debtors regarding tax matters relating to the
Chapter 11 Cases;
d. advising the Debtors regarding the potential sale of
assets;
e. advising and assisting the Debtors' state court litigation
counsel in connection with the removed action;
f. taking all necessary actions to protect and preserve the
Debtors' estates, including prosecuting actions on the Debtors'
behalf, defending any action commenced against the Debtors, and
representing the Debtors in negotiations concerning litigation in
which the Debtors are involved, including objections to claims
filed against the Debtors' estates;
g. preparing pleadings in connection with these Chapter 11
Cases, including motions, applications, orders, answers, reports,
and papers necessary or otherwise beneficial to the administration
of the Debtors' estates;
h. appearing before the Court and at any meeting with the
United States Trustee and any meeting of creditors to represent the
interests of the Debtors' estates;
i. attending meetings and negotiating with representatives of
creditors and other parties in interest;
j. representing the Debtors in connection with obtaining
authority to continue using cash collateral and/or utilize post
petition financing;
k. taking any necessary action on behalf of the Debtors to
negotiate, prepare, and obtain approval of a disclosure statement
and confirmation of a chapter 11 plan and all documents related
thereto; and
l. performing all other necessary legal services for the
Debtors in connection with the prosecution of these Chapter 11
Cases, including: (i) analyzing the Debtors' leases and contracts
and the assumption and assignment or rejection thereof; (ii)
analyzing the validity of liens against the Debtors' assets; and
(iii) advising the Debtors on corporate and litigation matters.
Connell Foley's hourly rates range from $170 for paralegals to
$1,600 for our firm's most senior partners. The hourly rates for
the paraprofessionals expected to work on this matter range from
$350 to $375. The current hourly rates applicable to the principal
attorneys proposed to represent the Debtors are as follows:
Robert K. Malone, Partner $1,375
Brett S. Theisen, Partner $850
Katharina Earle, Partner $825
Kyle P. McEvilly, Associate $625
Amanda R. Simone, Associate $525
Connell Foley is a "disinterested person" as defined in section
101(14) of the Bankruptcy Code, according to court filings.
The firm can be reached through:
Brett S. Theisen, Esq.
Connell Foley LLP
875 3rd Ave
New York, NY 10022
Telephone: (212) 307-3700
Facsimile: (212) 542-3790
About EEW American Offshore Structures Inc.
EEW American Offshore Structures Inc. sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. N.J. Case No.
26-13901-JNP) on April 8, 2026. In the petition signed by Tom
Pratt, chief restructuring officer, the Debtor disclosed up to $50
million in both assets and liabilities.
Judge Jerrold N. Poslusny, Jr. oversees the case.
Brett S. Theisen, Esq., at Connell Foley LLP, represents the Debtor
as legal counsel.
DiScho Vermogensverwaltung GmbH & Co. KG, as DIP Lender, is
represented by:
Ericka F. Johnson, Esq.
Daniel N. Brogan, Esq.
Steven D. Adler, Esq.
BAYARD, P.A.
600 N. King Street, Suite 400
Wilmington, DE 19801
Telephone: (302) 655-5000
E-mail: ejohnson@bayardlaw.com
dbrogan@bayardlaw.com
sadler@bayardlaw.com
EEW AMERICAN: Taps Tom Pratt of Applied Business Strategy as CRO
----------------------------------------------------------------
EEW American Offshore Structures Inc. and EEW AOS Paulsboro Urban
Renewal, LLC, seek approval from the U.S. Bankruptcy Court for the
District of New Jersey to hire Applied Business Strategy, LLC and
designate Tom Pratt as chief restructuring officer.
The firm will render these services:
(a) prepare short-term liquidity projections, including
13-week cash flows;
(b) oversee the preparation of 2023 and 2024 financial
information;
(c) assist with or lead negotiations with creditors;
(d) prepare information and analysis required for any
restructuring, including court required reporting; and
(e) attend court hearings, provide testimony, formulate
Chapter 11 plan, and prepare court required reporting; and
(f) assist in the marketing of the Company's assets.
The hourly rates of the firm's professionals are as follows:
Tom Pratt $475
Henry Curtis $300
In addition, the firm will seek reimbursement for all reasonable
out-of-pocket expenses incurred.
Prior to the petition date, the Debtors paid the firm a retainer of
$35,000.
Mr. Pratt disclosed in a court filing that the firm is a
"disinterested person" within the meaning of Section 101(14) of the
Bankruptcy Code.
The firm can be reached through:
Tom Pratt
Applied Business Strategy, LLC
1100 Superior Avenue E., Suite 1750
Cleveland, OH 44114
Telephone: (216) 239-1815
About EEW American Offshore Structures Inc.
EEW American Offshore Structures Inc. sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. N.J. Case No.
26-13901-JNP) on April 8, 2026. In the petition signed by Tom
Pratt, chief restructuring officer, the Debtor disclosed up to $50
million in both assets and liabilities.
Judge Jerrold N. Poslusny, Jr. oversees the case.
Brett S. Theisen, Esq., at Connell Foley LLP, represents the Debtor
as legal counsel.
DiScho Vermogensverwaltung GmbH & Co. KG, as DIP Lender, is
represented by:
Ericka F. Johnson, Esq.
Daniel N. Brogan, Esq.
Steven D. Adler, Esq.
BAYARD, P.A.
600 N. King Street, Suite 400
Wilmington, DE 19801
Telephone: (302) 655-5000
E-mail: ejohnson@bayardlaw.com
dbrogan@bayardlaw.com
sadler@bayardlaw.com
ELVICTOR GROUP: RBSM Raises Going Concern Due to Operating Losses
-----------------------------------------------------------------
Elvictor Group, Inc. filed its Annual Report on Form 10-K for the
fiscal year ended December 31, 2025 with the U.S. Securities and
Exchange Commission earlier this year. The audited report contains
a blunt warning: conditions exist that raise substantial doubt
about its ability to continue as a going concern.
Based on the financial statements for the years ended December 31,
2025, and December 31, 2024, the Company recorded a net loss of
$175,719 and net income of $199,780, respectively, representing a
deterioration in net income of $375,499 between the two years. This
negative shift is primarily due to increased operating expenses, in
particular higher salaries and professional fees, which outpaced
the modest growth in revenues.
For the years ended December 31, 2025, and December 31, 2024, the
Company generated $2,427,968 and $2,421,308 in revenues,
respectively, representing an increase in revenue of $6,660, or
0.3%, which is mainly attributable to an increase in fees such as
agency and allotment fees.
Going Concern
New York, New York-based RBSM LLP, the Company's auditor since
2022, issued a "going concern" qualification in its report dated
April 6, 2026, attached to the Company's Annual Report for the
fiscal year ended December 31, 2025, citing that has incurred
substantial operating losses and will require additional capital to
continue as a going concern.
The Company has incurred substantial operating losses for the year
ended December 31, 2025 and, as discussed in the Report of
Independent Registered Public Accounting Firm, these conditions
raise substantial doubt about the Company's ability to continue as
a going concern for the next 12 months.
In response to these conditions, management has developed and is
actively executing a plan intended to alleviate substantial doubt.
The principal elements of management's plan are as follows:
(i) Revenue Growth: During the first quarter of 2026, the
Company executed nine new crew management contracts with a
reputable shipping client, with billing commencing in Q1 2026.
These contracts are expected to represent a material improvement to
the Company's revenue base. Management continues to actively pursue
additional contracts with creditworthy counterparties that are
expected to further strengthen the Company's revenue trajectory
during the 12-month assessment period.
(ii) Cost Rationalization: The Company is implementing an
operational enhancement program leveraging artificial intelligence
tools, expected to result in a meaningful reduction in operating
costs beginning in the second half of 2026.
(iii) Balance Sheet and Liquidity Position: As of the date of
issuance of these financial statements, the Company carries no debt
obligations. Management believes this debt-free capital structure
materially reduces the risk of a near-term liquidity shortfall.
(iv) Additional Capital: Management is actively pursuing
additional capital through equity and other financing arrangements.
The proceeds of any such capital raise are intended to diversify
the Company's revenue base through the expansion into new
geographical markets and broadening of the Company's portfolio of
services, enhance working capital, and further reduce the risk of
liquidity shortfall during the 12-month period following the
issuance of these financial statements.
While management believes the foregoing plans are reasonable and
achievable, there can be no assurance that these plans will be
successfully executed or that the Company will generate sufficient
revenues or obtain sufficient capital to continue as a going
concern.
A full text copy of the Company's Form 10-K is available at
http://tiny.cc/7w64101
About Elvictor Group, Inc.
Elvictor Group, Inc. (OTCID: ELVG) -- https://www.elvictorgroup.com
-- is transforming the fragmented maritime industry through its
fully digitalized crew and ship management platform designed to
enhance operational efficiency and reduce costs. With a strategic
focus on AI-driven workforce solutions, M&A-driven expansion, and
cost-efficient vessel ownership, Elvictor is ushering in a new era
of transparency in the shipping industry.
As of December 31, 2025, the Company had $2,034,540 in total
assets, $1,677,466 in total liabilities, and $357,074 in total
stockholders' equity.
EMERA US: Fitch Affirms 'BB+' Rating on Junior Subordinated Debt
----------------------------------------------------------------
Fitch Ratings has affirmed Emera Inc.'s (Emera) Long-Term Issuer
Default Rating (IDR) at 'BBB'. Fitch has also affirmed the
Long-Term IDRs of Emera's subsidiaries as follows: Tampa Electric
Co. (TEC) and Peoples Gas System, Inc. (PGS) at 'A-' and New Mexico
Gas Co. Inc. (NMGC) at 'BBB+'. The Rating Outlooks for Emera, TEC,
PGS, and NMGC are Stable.
Additionally, Fitch has affirmed Emera's senior unsecured,
preferred shares and junior subordinated debt at 'BBB', 'BB+' and
'BB+', respectively. Fitch has affirmed TEC and PGS's senior
unsecured debt at 'A', Emera US Finance LP's senior unsecured debt
at 'BBB', Emera US Finance, LLC's senior unsecured and junior
subordinated debt at 'BBB' and 'BB+' respectively and EUSHI Finance
Inc's junior subordinated debt at 'BB+'.
Emera's Stable Outlook reflects meaningful progress on its
deleveraging plan and management's continued commitment to
maintaining funds from operations (FFO) leverage below 6.0x. With
the anticipated closing of the NMGC sale in mid-2026 and
securitization of thermal assets in Nova Scotia, Fitch forecasts
Emera's FFO leverage will further improve to 5.6x-5.9x through
2027, below the 6.0x downgrade sensitivity; however, it will have
minimal headroom. Failure to maintain FFO leverage below 6.0x will
likely result in a negative rating action.
Key Rating Drivers
Emera Inc.
Meaningful Execution of Deleveraging Plan: Emera outlined a
deleveraging plan to improve its credit measures in 2024. The
company has made meaningful progress on the plan, including selling
its equity investment in Labrador Island Link, issuing hybrid notes
and common equity, securitizing deferred fuel costs, and obtaining
a credit-supportive, multi-year base rate outcome at TEC. Emera
also moderated its dividend growth from 4%-5% to 1%-2% to preserve
cash for capex.
Emera also announced the sale of NMGC on Aug. 5, 2024. The
transaction is now expected to close in mid-2026 and should further
reduce Emera's FFO leverage at closing. Fitch views these steps to
reduce leverage as a credit positive.
Improving Leverage but Limited Cushion: Execution of its
deleveraging plan helped Emera improve its fiscal 2025 FFO leverage
to about 6.2x from 6.6x in 2024, and from an average of 6.8x over
the past four years. FFO leverage for YE 2025 was slightly higher
than expected due to the pending sale of NMGC.
Fitch expects Emera's FFO leverage to further improve in 2026,
supported by the closing of the NMGC sale, new base rates at Nova
Scotia Power Inc. (NSPI), TEC and PGS and approval of the
securitization of coal assets at NSPI. Fitch estimates Emera's FFO
leverage to average to about 5.8x through 2027, with limited
headroom against the 6.0x downgrade sensitivity. In the unlikely
event the NMGC transaction fails to close or securitization of the
coal assets fails to materialize, Fitch expects Emera to take
appropriate steps to maintain its FFO leverage below 6.0x. Failure
to maintain FFO leverage below 6.0x will likely result in a
negative rating action.
Sale of NMGC: On Nov. 14, 2025, the New Mexico Public Regulation
Commission (NMPRC), the regulator in New Mexico, concluded
evidentiary hearings on the proposed sale of NMGC. On May 20, 2026,
the hearing examiners recommended approval of the transaction.
Management expects the NMPRC's decision in mid-2026. Fitch's rating
case assumes the NMGC divestiture will be approved and will close
in mid-2026.
Securitization of Thermal Assets: NSPI is seeking to securitize
about CAD700 million of unrecovered coal plant value associated
with assets that must be retired by 2030. The securitization is
expected to provide about CAD225 million in customer savings over
30 years and improve the credit measures of NSPI and Emera, which
Fitch views as a credit positive. The securitization requires
approval from the Nova Scotia Energy Board (NSEB) and the enactment
of enabling regulations by the Province of Nova Scotia. Fitch's
base case assumes NSPI will obtain all necessary approvals and
complete the securitization by year-end 2026.
Sizable Capex Pressures Metrics: Emera has a large capex plan of
about CAD11.9 billion over 2026-2028, almost 3x depreciation
expense. The plan will lead to higher execution risk that could
pressure credit metrics during construction. Fitch expects Emera to
execute the plan on time and within budget, and fund it in a
balanced manner through parent-equity infusions, internal cash flow
and utility debt.
Tampa Electric Co.
Constructive Florida Regulation: The Florida regulatory compact is
supportive of utility credit quality. In recent years, Florida
utilities' authorized return on equity (ROE) have been above the
nationwide median authorized ROE. TEC operates under an authorized
midpoint ROE of 10.50%, with an allowed range of 9.50%-11.50%,
based on a 54% common equity ratio.
The utility has several rate riders that provide timely recovery of
all prudent costs related to fuel, purchased power, environmental
expenditure, conservation costs, a storm protection plan, and a
storm recovery clause. In February 2025, the Florida Public Service
Commission (FPSC) approved TEC's recovery of approximately $464
million of storm costs deferrals, including replenishment of a
$55.8 million storm reserve over an 18-month period from March 1,
2025, to Aug. 31, 2026.
Large Capex Plan: TEC expects to spend approximately $5.5 billion
on capital investments in 2026-2028, mostly on cleaner sources of
generation, including solar and battery storage, storm hardening
and grid modernization. Fitch expects capital expenditure (capex)
to be funded in a conservative manner, in line with the authorized
statutory capital structure, using debt, internal cash flows and
equity injections from Emera.
Rate Case Outcome: Fitch views the resolution of TEC's last rate
case as generally constructive. TEC filed a rate case in April 2024
for new rates effective in January 2025. The requested rate
increases over the 2025-2027 period were $468.5 million. The
approved rate increase was $280.5 million, about 60% of the
request, with $184.8 million in rates effective January 2025,
followed by rate increases of $86.6 million and $9.1 million,
effective January 2026 and 2027, respectively. The allowed equity
ratio was 54%, while the allowed regulated ROE range was set at
9.50%-11.50%, with a 10.50% midpoint.
Adequate Credit Metrics: TEC's FFO leverage was 4.3x in 2025,
reflecting new base rate increases and consistent with Fitch's
expectation. Fitch forecasts credit metrics to average around 4.2x
through 2027, reflecting the implementation of the TEC's multi-year
rate plan and deferred fuel and storm cost recovery. Fitch assumes
that Emera will continue to fund significant capital investments at
TEC, in line with the approved regulatory capital structure.
Low-Risk Business Model: TEC operates in the supportive Florida
regulatory environment within a strong local economy. This has
translated into above-average utility sales and customer growth
trends. In addition, the company derives most of its sales volumes
from residential and commercial customers (over 80%), which Fitch
views as a credit positive. TEC is the largest contributor to
Emera's earnings and cash flow.
Parent-Subsidiary Linkage (PSL): There is a PSL between Emera and
TEC. Fitch views TEC's Standalone Credit Profile (SCP) as stronger
than that of parent Emera due to TEC's lower-risk regulated utility
operations, strong regulatory environment, and better financials.
Legal ring-fencing and access and control are porous given general
protection afforded by economic regulation. Emera centrally manages
the treasury function of TEC and is its sole source of equity, but
TEC issues its own debt. As a result, Fitch limits the difference
between TEC and Emera to two notches.
Peoples Gas System, Inc.
Low-Risk Business Profile: PGS's rating reflects its low-risk
regulated gas utility business. PGS is the largest natural gas
distributor in Florida, and its service territory extends
throughout most of the state. Its customer base comprises
residential, commercial, and industrial and other segments, with
revenue split about 40%, 46% and 14%, respectively. PGS is
regulated by the FPSC.
As an indirect subsidiary of Emera, PGS benefits from the resources
and liquidity of its parent. PGS is one of the smaller utilities in
Emera's family, representing about 11% of the consolidated rate
base in 2024.
Constructive Regulatory Environment: PGS's ratings benefit from
Florida's constructive regulatory environment, including rate
recovery between rate cases through clauses and riders. The gas
distribution business has a purchased gas adjustment clause that
allows for full recovery and timely adjustments to reflect gas
market price fluctuations. PGS has also had a cast iron/bare steel
(CI/BS) replacement rider program since 2013, which includes
recovery of problematic plastic pipe replacement.
These rate mechanisms increase the stability and predictability of
earnings and cash flow and provide timely cost recovery. In
addition, authorized ROE of Florida utilities has been above the
median nationwide authorized ROE in recent years. The FPSC utilizes
forecast test years and frequently authorizes interim rate
increases. As a result, utilities are generally able to earn
authorized returns.
2025 Rate Case Approved: On March 31, 2025, PGS filed a new rate
case to seek a multiyear rate increase of $103.6 million and $26.7
million for 2026 and 2027, respectively, totaling $130.3 million
for the period. On Aug. 13, 2025, PGS filed a settlement agreement
supporting a $67 million base rates increase in 2026, including
$6.7 million collected through the CI/BS rider, and a $25 million
and $5 million base rate increase in 2027 and 2028, respectively.
The FPSC fully adopted the settlement on Oct. 7, 2026. The approved
ROE was 10.3% and equity thickness was 54.7%. Fitch views this as a
balanced rate case outcome.
Adequate Credit Metrics: PGS's FFO leverage for 2025 was 3.6x,
reflecting higher off-system sales revenue. Fitch estimates FFO
leverage will average about 4.2x through 2027. PGS is forecast to
invest approximately $860 million from 2026 to 2027 to maintain and
expand its distribution infrastructure. Fitch expects Emera to
manage dividend and equity contributions from/to PGS to maintain
its regulatory capital structure.
Florida's Support for Gas: Decarbonization poses risks for local
gas distribution companies (LDCs). Nevertheless, Fitch believes
Florida's decarbonization policies have been supportive of natural
gas. State support was demonstrated by the passing of House Bill
1281 - Pre-emption Over Utility Service Restrictions in June 2023.
The bill amended the natural gas pre-emption statute to include
major appliances and increased protection against local government
attempts to ban natural gas appliances.
Strong Customer Growth: Florida has experienced greater population
and economic growth than the rest of the U.S. This strong economic
background supports above-average PGS growth. PGS has experienced
significant customer growth concentrated in five metro areas within
its service territory. Annual customer growth at PGS averaged about
4.0% since 2020, well above the national average. Fitch expects
Florida's population growth to continue at double the national
rate.
Parent-Subsidiary Linkage (PSL): There is a PSL between Emera and
PGS. Fitch views PGS's SCP as stronger than that of parent Emera
due to PGS's lower-risk regulated utility operations, strong
regulatory environment, and better financials. Legal ring-fencing
and access and control are porous given general protection afforded
by economic regulation. Emera centrally manages the treasury
function of PGS and is its sole source of equity, but PGS issues
its own debt. As a result, Fitch limits the difference between PGS
and Emera to two notches.
New Mexico Gas Company, Inc.
Acquisition by Bernhard Capital: Fitch views the sale of NMGC to
Bernhard Capital as credit-neutral to NMGC. The transaction
requires regulatory approval from the NMPRC. Management expects the
transaction to close in mid-2026. Fitch's base case assumes a
balanced outcome from the NMPRC that will not lead to a material
deterioration to NMGC's financial measures. Fitch expects
regulatory protections embedded in NMPRC approval of the proposed
transaction will ensure a structure under new ownership consistent
with NMGC's current 'BBB+' rating under the Fitch's PSL criteria.
Low-Risk Business Profile: NMGC's rating reflects the relatively
low risk profile of its regulated gas utility business. It is the
largest natural gas distributor in New Mexico, serving about
550,000 customers, with a service territory that extends throughout
most of the state.
Most of its customers are residential (92%) and use natural gas for
heating and cooking. Residential heating load, due to the elevation
of the state, primarily occurs from October through April. The
residential segment contributes about 67% of NMGC's revenue, while
the commercial and industrial segment contributes about 22%. As an
indirect subsidiary of Emera, NMGC benefits from the resources and
liquidity of its parent. NMGC is one of the smaller utilities in
Emera's family, contributing about 4% of consolidated rate base and
earnings in 2025.
Adequate Credit Metrics: NMGC's FFO leverage for 2025 was 4.3x,
consistent with Fitch's expectation. For 2026, Fitch forecast FFO
leverage to be elevated at 5.6x, due to regulatory lag as higher
operations and maintenance (O&M) expenses won't be recovered until
new rates are established, expected in 2027. Also, NMGC's capex
remains higher than prior years, at more than 2x of depreciation
expense. The higher capex will also pressure credit metrics until
they are included in rates.
Improving Regulatory Environment: The ratings benefit from an
improving regulatory environment in New Mexico, including rate case
approvals allowing for a future test year. The natural gas
distribution business has a weather normalization mechanism, along
with a purchased gas adjustment mechanism, with minimal recovery
lag. These rate mechanisms increase the stability and
predictability of earnings and cash flow and provide timely cost
recovery. Fitch believes NMGC's last base rate increase order from
2024 was balanced.
Parent-Subsidiary Linkage (PSL): Fitch considers NMGC's SCP to be
stronger than that of Emera due to NMGC's lower risk, regulated
utility operations, strong regulatory environment and stronger
financial profile. Legal ring-fencing is porous given the general
protection from economic regulation. Access and control are also
porous, as Emera centrally manages the treasury function and is the
sole source of equity. But NMGC issues its own debt. Thus, Fitch
limits the difference between NMGC and Emera to two notches. NMGC
is rated at its own SCP
PEER ANALYSIS
Emera and peer utilities FirstEnergy Corp. (FE; BBB/Stable) and
American Electric Power Company Inc. (AEP; BBB/Stable) are large
utility holding companies with operations spanning multiple
jurisdictions, focused strategically on maximizing relatively
predictable operating utility returns.
FE and AEP both benefit from greater regulatory diversification and
scale than Emera. FE and AEP operate in six and 11 states,
respectively, while Emera operates in two states, two provinces in
Canada and the Caribbean. FE and AEP are much larger in scale than
Emera, serving about 6.0 million and 5.6 million customers,
respectively, while Emera serves about 2.5 million customers.
Based on Fitch's estimates, Emera's FFO leverage will average about
5.9x through 2027, compared with 5.8x for AEP and 5.3x for FE.
RATING SENSITIVITIES
Emera Inc.
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- FFO leverage sustained above 6.0x;
- A change in management's commitment to maintaining FFO leverage
below 6.0x;
- An unexpected, material deterioration in the Florida regulatory
compact.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Further deleveraging that leads to sustained FFO leverage less
than 5.0x.
Tampa Electric Co.
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- A downgrade at Emera;
- An unexpected, material deterioration in the Florida regulatory
compact;
- TEC FFO leverage sustained above 4.3x.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- An upgrade to TEC's rating would require a rating upgrade at
Emera;
- TEC FFO leverage sustained below 3.3x.
Peoples Gas System, Inc.
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- A downgrade at Emera;
- Although not anticipated by Fitch, a material deterioration in
the Florida regulatory compact;
- PGS FFO leverage sustained above 4.5x.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- An upgrade to PGS's rating would require a rating upgrade at
Emera;
- PGS FFO leverage sustained below 3.5x.
New Mexico Gas Company, Inc.
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Material concessions in the final NMPRC order authorizing the
sale of NMGC that results in FFO leverage sustained above 4.5x or
an unexpected, highly leveraged post-transaction ownership
structure;
- Unfavorable regulatory developments.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- NMGC's FFO leverage sustained below 3.5x.
LIQUIDITY AND DEBT STRUCTURE
Fitch believes Emera has adequate access to liquidity. Emera and
its subsidiaries have, in aggregate, access to CAD2.1 billion and
CAD1.98 billion of committed credit facilities, with approximately
CAD1.02 billion and CAD916 million undrawn and available as of
March 31, 2026. The company also had unrestricted cash balance of
about CAD2.46 billion on March 31, 2026. Emera's syndicated credit
facilities have a financial covenant that the debt to total
capitalization ratio should be no greater than 70%. The company was
compliant with the covenant on March 31, 2026. Fitch believes
future maturities are manageable and will be refinanced upon
maturity.
Fitch’s Key Rating-Case Assumptions
Emera Inc.
- Sale of NMGC close by mid-2026
- Capital plan consistent with management projection;
- Securitization of thermal assets at Nova Scotia Power in 2026
- Dividend growth consistent with management guidance;
- Rate increases at other utilities reflect rate filings and
riders.
Tampa Electric Co.
- Revenue increases for 2026-2027 in line with those approved in
the last TEC rate case;
- Capex of about $3.5 billion in 2026-2027;
- Recovery of the remaining deferred fuel balances and storm costs
as approved;
- Equity contributions/dividend payments to balance the capital
structure and support credit ratings.
Peoples Gas System, Inc.
- Revenue increases for 2026-2027 in line with those approved in
the last PGS rate case;
- Capex of about $860 million from 2026-2027;
- Equity contributions/dividend payments to balance the capital
structure and support credit ratings;
- CI/BS replacement rider remains in place through forecast
period.
New Mexico Gas Company, Inc.
- NMGC will be sold and operate under new ownership structure
- No adverse regulatory outcomes; including anticipated approval of
the sale of NMGC
- Expect new base rates in 2027;
- Capital spending of about $300 million in 2026-2027.
Corporate Rating Tool Inputs and Scores
Emera Inc.
Fitch scored the issuer as follows, using its Corporate Rating Tool
(CRT) to produce the Standalone Credit Profile (SCP):
- Business and financial profile factors (assessment, relative
importance): management ('bbb', Lower), sector characteristics
('a', Higher), market and competitive positioning ('a-', Moderate),
diversification and asset quality ('a-', Moderate), company
operational characteristics ('bbb+', Moderate), profitability
('bbb+', Moderate), financial structure ('bb+', Higher), and
financial flexibility ('bbb', Moderate).
- The quantitative financial subfactors are based on standard CRT
financial period parameters: 20% weight for the latest historical
year 2025, 40% for the forecast year 2026 and 40% for the forecast
year 2027.
- The governance assessment of 'good' has no impact.
- The operating environment assessment of 'aa-' has no impact.
- The SCP is 'bbb'.
To derive the Long-Term IDR:
Application of Fitch's Parent Subsidiary Linkage Rating Criteria
results in a consolidated approach.
Tampa Electric Co.
Fitch scored the issuer as follows, using its Corporate Rating Tool
(CRT) to produce the Standalone Credit Profile (SCP):
- Business and financial profile factors (assessment, relative
importance): Management (bbb, Lower), Sector Characteristics (a,
Higher), Market and Competitive Positioning (a-, Moderate),
Diversification and Asset Quality (bbb+, Moderate), Company
Operational Characteristics (bbb+, Moderate), Profitability (bbb+,
Moderate), Financial Structure (a-, Higher), and Financial
Flexibility (a-, Moderate).
- The quantitative financial subfactors are based on standard CRT
financial period parameters: 20% weight for the latest historical
year 2025, 40% for the forecast year 2026 and 40% for the forecast
year 2027.
- The Governance assessment of 'Good' results in no adjustment.
- The Operating Environment assessment of 'aa-' results in no
adjustment.
- The SCP is 'a-'.
To derive the IDR:
- Application of Fitch's Parent Subsidiary Linkage Rating Criteria
results in a consolidated profile+2 approach.
Peoples Gas System, Inc.
Fitch scored the issuer as follows, using its Corporate Rating Tool
(CRT) to produce the Standalone Credit Profile (SCP):
- Business and financial profile factors (assessment, relative
importance): Management (bbb, Lower), Sector Characteristics (a,
Higher), Market and Competitive Positioning (bbb+, Moderate),
Diversification and Asset Quality (a-, Moderate), Company
Operational Characteristics (bbb+, Moderate), Profitability (bbb+,
Moderate), Financial Structure (a-, Higher), and Financial
Flexibility (a-, Moderate).
- The quantitative financial subfactors are based on standard CRT
financial period parameters: 20% weight for the latest historical
year 2025, 40% for the forecast year 2026 and 40% for the forecast
year 2027.
- The Governance assessment of 'Good' results in no adjustment.
- The Operating Environment assessment of 'aa-' results in no
adjustment.
- The SCP is 'a-'.
To derive the IDR:
- Application of Fitch's Parent Subsidiary Linkage Rating Criteria
results in a consolidated profile+2 approach.
New Mexico Gas Company, Inc.
Fitch scored the issuer as follows, using its Corporate Rating Tool
(CRT) to produce the Standalone Credit Profile (SCP):
- Business and financial profile factors (assessment, relative
importance): Management (bbb, Lower), Sector Characteristics (bbb,
Higher), Market and Competitive Positioning (bbb+, Moderate),
Diversification and Asset Quality (bbb+, Moderate), Company
Operational Characteristics (bbb+, Moderate), Profitability (bbb+,
Moderate), Financial Structure (bbb+, Higher), and Financial
Flexibility (a-, Moderate).
- The quantitative financial subfactors are based on standard CRT
financial period parameters: 20% weight for the latest historical
year 2025, 40% for the forecast year 2026 and 40% for the forecast
year 2027.
- The Governance assessment of 'Good' results in no adjustment.
- The Operating Environment assessment of 'aa-' results in no
adjustment.
- The SCP is 'bbb+'.
To derive the IDR:
- Application of Fitch's Parent Subsidiary Linkage Rating Criteria
results in a consolidated profile+2 approach.
Issuer Profile
Emera Inc. is a diversified electric and natural gas utility
holding company serving approximately 2.7 million customers in
Canada, the U.S. and the Caribbean.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Sector Forecasts Monitor
data file which aggregates key data points used in its credit
analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
Climate Vulnerability Signals
The results of its Climate.VS screener did not indicate an elevated
risk for Emera Inc., Tampa Electric Company, and New Mexico Gas
Company.
The Climate.VS for PGS is 50 at 2035. The high Climate.VS score
reflects PGS's gas LDC operation, a source of methane and other
greenhouse gas emissions. The score also reflects PGS's service
territory which covers regions of Florida that are prone to hail.
However, this is not a major concern because most of PGS's gas
distribution infrastructure is underground.
Any potential future impact on the rating may differ from the
illustrative rating impact in the Climate.VS framework, reflecting
the evolution of Fitch's assessment of the global risks, action the
entity might take to adapt to or mitigate the exposure, and any
other relevant factors.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Prior
----------- ------ -----
New Mexico Gas
Company, Inc.
LT IDR BBB+ Affirmed BBB+
Emera Incorporated
LT IDR BBB Affirmed BBB
senior unsecured LT BBB Affirmed BBB
preferred LT BB+ Affirmed BB+
jr subordinated LT BB+ Affirmed BB+
Emera US Finance, LLC
jr subordinated LT BB+ Affirmed BB+
senior unsecured LT BBB Affirmed BBB
Emera US Finance LP
senior unsecured LT BBB Affirmed BBB
EUSHI Finance, Inc.
jr subordinated LT BB+ Affirmed BB+
Peoples Gas
System, Inc.
LT IDR A- Affirmed A-
senior unsecured LT A Affirmed A
Tampa Electric
Company
LT IDR A- Affirmed A-
senior unsecured LT A Affirmed A
EMUNDSON INC: Seeks to Hire Wipfli Advisory LLC as Accountant
-------------------------------------------------------------
Emundson Inc., d/b/a Arbor Valley Nursery, and Edmundson Land LLC
seek approval from the U.S. Bankruptcy Court for the District of
Colorado to hire Wipfli Advisory LLC as accountants.
The firm will assist with the preparation and filing of the
Debtor's federal and state income tax returns, Edmundson Land's
Schedule E and associated tax compliance obligations for Debtors
for the most recent fiscal years and subsequent fiscal years if
needed, as well as to provide such other accounting services as may
be needed from time to time.
The accountant who will perform the services is Russell Hampton,
whose hourly billing rate is $550. Where appropriate, Applicant may
use the services of other of its personnel at rates of between $250
and $350 per hour. These rates are adjusted from time to time.
Applicant estimates that fees will be approximately $12,000.
Wipfli Advisory LLC is disinterested, as that term is defined in 11
U.S.C. Sec. 101(14), according to court filings.
The firm can be reached through:
Russell Hampton
Wipfli Advisory LLC
3615 Delgany St., Suite 500
Denver, CO 80216
Tel: (720) 445-3374
Email: russell.hampton@wipfli.com
About Edmundson, Inc.
Edmundson, Inc. is a Colorado-based corporation engaged in nursery
and garden center retail and wholesale operations, offering plants,
landscaping supplies, and related products. The Company operates
nursery facilities in Brighton, which serves as its headquarters,
as well as Fort Collins and Franktown, serving residential and
commercial customers throughout Colorado.
Edmundson, Inc. and Edmundson Land LLC filed their voluntary
petitions for relief under Chapter 11 of the Bankruptcy Code
(Bankr. D. Colo. Case Nos. 26-10019 & 26-10021, respectively) on
January 2, 2026, listing $10 million to $50 million in both assets
and liabilities. The petitions were signed by Matthew Edmundson as
CEO and member.
J. Brian Fletcher, Esq. at ONSAGER FLETCHER JOHNSON PALMER LLC
serves as the Debtor's counsel.
EP WEALTH: Moody's Rates New Sr. Secured First Lien Term Loan 'B2'
------------------------------------------------------------------
Moody's Ratings has assigned a B2 rating to EP Wealth Advisors,
LLC's (EP) senior secured first lien term loan B due 2032,
following its repricing and upsizing.
EP plans to reprice its credit facility and raise an additional $50
million through an add-on to the existing term loan, bringing the
total principal outstanding to $450 million. Proceeds will be
retained as balance sheet cash and used for general corporate
purposes. The transaction is expected to reduce the facility's
pricing by 50 basis points to S+250, while all other key terms and
conditions of the credit agreement are expected to remain
unchanged.
RATINGS RATIONALE
While the transaction increases EP's gross leverage, it will also
reduce borrowing costs. On a pro forma basis, EP's adjusted
debt-to-EBITDA is expected to rise by approximately 0.5x to 4.9x
for the last twelve months ended March 31, 2026, while generating
about $2 million in annual interest expense savings.
EP's operating performance has been solid in fiscal 2025 and
year-to-date, supported by continued EBITDA growth and robust
annualized net new asset growth.
EP's B2 corporate family rating reflects its integrated business
model, strong organic asset growth, and expanding, though still
modest, market share in the highly competitive US wealth management
sector. The rating is constrained by moderate leverage driven by
its acquisitive growth strategy and weak profitability.
The stable outlook reflects Moody's expectations that EP will
continue to expand its franchise both through inorganic growth and
business reinvestment while maintaining current leverage levels.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
EP's ratings could be upgraded if it enhances its scale and
competitive position, leading to sustained positive pretax earnings
with minimal margin volatility. Consistent demonstration of prudent
financial policies and a disciplined approach to its inorganic
growth strategy, ensuring that adjusted debt leverage remains below
3.5x, could also support an upgrade.
Conversely, EP's ratings could be downgraded if its financial
policy shifts, leading to significant debt increases that push
Moody's adjusted leverage ratio above 5.5x. A decline in revenue
not offset by flexible expense management, resulting in its
interest expense coverage ratio falling below 2.0x, or a major
operational or compliance failure that erodes franchise value,
could also result in a downgrade.
The principal methodology used in this rating was Securities
Industry Service Providers published in February 2024.
ESCO TECHNOLOGIES: S&P Assigns 'BB' ICR, Outlook Stable
-------------------------------------------------------
S&P Global Ratings assigned ESCO Technologies Inc. its 'BB' issuer
credit rating. At the same time, S&P assigned its 'BB' issue-level
rating to the proposed $500 million term loan B due 2033. The
recovery rating is '3', reflecting its expectation for meaningful
(50%-70%; rounded estimate: 65%) recovery in the event of a payment
default.
S&P's stable outlook on ESCO reflects our expectations for 2027 S&P
Global Ratings-adjusted pro forma leverage of 2.0x-2.5x and good
free operating cash flow (FOCF).
ESCO Technologies is seeking to raise a $500 million revolving
credit facility due 2031 (around $117 million expected to be drawn
at close) (unrated), a $500 million term loan A due 2031 (unrated),
and a $500 million term loan B due 2033.
Proceeds from the term loans will help finance the $900 million
cash portion of the company's $2.35 billion acquisition of Megger
Group Ltd. and refinance existing debt. The acquisition is expected
to close in the company's first fiscal quarter of 2027.
ESCO has smaller scale relative to higher-rated peers, mitigating
its diversity across end markets and above-average profitability.
S&P forecasts S&P Global Ratings-adjusted leverage of 2x-3x in
fiscal 2027 (ending Sept. 30, 2027), pro forma for the proposed
transaction.
S&P forecasts S&P Global Ratings-adjusted leverage of 2x-3x through
fiscal 2027, driven by continued EBITDA growth and deleveraging.
This incorporates ESCO's planned financing of Megger, which
includes about $972 million in incremental debt and the issuance of
$1.4 billion in ESCO equity, its belief that the financial policy
will support such leverage, and our assumption for operating
performance to continue to improve.
Historically ESCO has maintained S&P Global Ratings-adjusted
leverage below 1x. Leverage rose above 2x only once in the past
five years for the $550 million acquisition of Signature Management
& Power Business in 2025. S&P said, "We expect EBITDA growth, solid
free cash flow generation, and debt repayment will keep S&P Global
Ratings-adjusted leverage below 2.5x in fiscal 2027. Furthermore,
we believe the company will prioritize deleveraging following the
Megger acquisition, given its publicly stated net leverage target
of 2x (S&P Global Ratings adjustments represent a 0.5x difference
to management's figures)."
S&P said, "We expect ESCO's performance to remain stable over the
next 12 months. We forecast organic revenue to grow
high-single-digit percent over the next two years as power-related
infrastructure investment and U.S. defense spending increase.
Specifically, higher spending on data centers and grid hardening
projects will drive growth given the company's utilities solutions
group (USG) segment will comprise of 52% of the company's revenue
following the Megger acquisition.
"We also anticipate increased demand from elevated capital
expenditure (capex) spending among technology companies and
utilities to support revenue growth.
"We forecast S&P Global Ratings-adjusted EBITDA margins will
increase to 26%-27% in fiscal 2027 (from about 24% in fiscal 2025
and 2026) as good demand and positive price realizations support
higher gross margins for the combined company, along with
acquisition-related cost synergies, benefits from previous cost
reduction actions, and some transaction and restructuring costs
rolling off.
"ESCO will prioritize debt reduction ahead of inorganic growth
initiatives and shareholder returns as it integrates the
acquisition. We forecast S&P Global Ratings-adjusted annual free
cash flow of over $200 million in fiscal 2027 largely from EBITDA
growth. We assume this offsets our assumption for working capital
to be a moderate use of cash in 2027 to grow revenue, and for capex
to increase modestly along with revenue growth.
"Further, other than regular dividend payouts of about $8 million
annually and about $30 million in required debt repayments, we
believe the company will use excess free cash to reduce debt
instead of reinvest in new acquisitions or distribute as share
buybacks. If this occurs, we expect credit metrics to improve to be
at lower end of 2x-3x over the next 12-24 months."
ESCO's relatively smaller scale mitigates its solid market position
and track record of above-average EBITDA margins. Pro forma a full
year of Megger contributions, S&P forecasts 2027 and 2028 revenue
of $1.9 billion-$2.1 billion, which is small compared with
similarly rated capital goods companies.
Nonetheless, ESCO's products, systems, and services are developed
and manufactured for use in a broad number of end markets,
including aerospace and defense, naval, electric utility and grid
hardening, renewable energy, healthcare, and wireless consumer
electronics. ESCO has a global presence, with about 45% of pro
forma revenue generated outside the U.S., primarily in Europe and
Asia. S&P believes ESCO's specialized products, technological
capabilities, and product innovation create relatively high
barriers to entry and support its above-average EBITDA margins of
roughly 26% pro forma for the acquisition.
S&P's stable outlook on ESCO reflects our expectations for 2027 S&P
Global Ratings-adjusted pro forma leverage of 2.0x-2.5x and good
free operating cash flow (FOCF).
S&P could lower its rating on ESCO over the next 12 months if S&P
expects S&P Global Ratings-adjusted leverage sustained above 3x.
This could occur if:
-- The company experiences difficulties integrating Megger and
achieving forecast synergies;
-- There is a prolonged downturn in ESCO's end markets or a
greater-than-anticipated decrease in defense spending, weakening
profitability and cash generation; or
-- The company adopts a more aggressive financial policy,
prioritizing large, debt-funded acquisitions or shareholder
remuneration over debt repayment.
S&P could raise its rating on ESCO if:
-- The company is successful in integrating Megger and achieving
forecast synergies; and
-- S&P Global Ratings-adjusted leverage sustains toward the lower
end of its base case of 2x-3x.
FARMERS COOPERATIVE: Seeks to Hire Gary R. More as Appraiser
------------------------------------------------------------
Farmers Cooperative Gin of Anson, Texas seeks approval from the
U.S. Bankruptcy Court for the Northern District of Texas to employ
Gary R. More as appraiser.
The Debtor asserts that it is necessary to retain an appraiser in
the administration of this estate for the purpose of conducting an
appraisal of Debtor's machinery and equipment and other personal
prope1ty.
Mr. Moore will charge a $3,500 fee for conducting the appraisal and
will charge $100 per hour, plus expenses for hearing testimony.
Mr. Moore assured the court that he is a "disinterested person"
within the meaning of 11 U.S.C. Sec. 101(14).
The firm can be reached through:
Gary R. Moore
1031 FM 400
Tahoka, TX 79373
Phone: (806) 787-5139
Email: hungryhillcattle@att.net
About Farmers Cooperative Gin of Anson, Texas
Farmers Cooperative Gin of Anson, Texas is a cotton gin
cooperative, operating both a cotton processing gin and a farm
supply store in Anson, Texas.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Tex. Case No. 26-10109-11) on April
23, 2026. In the petition signed by Mike Polk, manager, the Debtor
disclosed up to $10 million in assets and up to $1 million in
liabilities.
David R. Langston, Esq., at Mullin Hoard & Brown, LLP, represents
the Debtor as legal counsel.
FAT BRANDS: Plan Exclusivity Period Extended to Aug. 24
-------------------------------------------------------
Judge Alfredo R. Perez of the U.S. Bankruptcy Court for the
Southern District of Texas extended FAT Brands Inc. and affiliates'
exclusive periods to file a plan of reorganization and obtain
acceptance thereof to Aug. 24 and Oct. 26, 2026, respectively.
As shared by Troubled Company Reporter, courts may consider a
variety of factors in determining whether "cause" exists to extend
a debtor's exclusive period for filing a plan. The application of
these factors to the facts and circumstances of the Chapter 11
Cases demonstrates that the requested extension of the Exclusive
Periods is both appropriate and necessary:
First, the size and complexity of the issues attendant to the
Chapter 11 Cases warrants approval of the requested relief. The
Debtors comprise 183 affiliated entities operating in multiple
jurisdictions, with significant funded indebtedness and a complex
capital structure of more than $1 billion of funded indebtedness,
including multiple whole-business securitization facilities and
other non-securitization debt. The complexity of the Chapter 11
Cases is further evidenced by the contested hearings and litigation
surrounding the Debtors' governance and obtaining and maintaining
access to DIP Financing and use of cash collateral.
Second, termination of the Exclusive Periods at this juncture would
adversely impact the Debtors' efforts to preserve and maximize the
value of their estates and advance the Chapter 11 Cases. The
Debtors are presently engaged in a Court-approved Sale Process,
whereby the Court approved procedures for the sale of substantially
all the Debtors' assets. Granting the requested extensions will
allow the Debtors to focus on finalizing their restructuring
strategy via consummation of asset sales and moving toward plan
confirmation without the distraction, cost, and delay associated
with a competing plan process.
Third, the Debtors have obtained critical first day relief, secured
DIP Financing on an interim basis, retained necessary
professionals, successfully negotiated numerous settlement
agreements to resolve outstanding disputes, and filed their
schedules and statements, and implemented procedures for claims and
professional compensation. The Debtors have also advanced their
sale and restructuring efforts, including ongoing engagement with
the WBS Ad Hoc Group and the Committee regarding the terms of a
chapter 11 plan, which demonstrates meaningful progress toward a
successful reorganization and satisfaction of the third and fourth
factors.
Fourth, the Debtors do not seek the extension of the Exclusive
Periods as a means to exert pressure on the relevant parties in
interest. Instead, the extension will allow the Debtors to continue
making progress with key stakeholders. The Debtors seek the
requested extension of the Exclusive Periods out of an abundance of
caution simply to ensure the progress made to date is not upended
by a potential loss of their Exclusive Periods.
Co-Counsel for the Debtors:
Timothy A. ("Tad") Davidson II, Esq.
Ashley L. Harper, Esq.
Philip M. Guffy, Esq.
HUNTON ANDREWS KURTH LLP
600 Travis Street, Suite 4200
Houston, TX 77002
Tel: (713) 220-4200
Email: taddavidson@hunton.com
ashleyharper@hunton.com
pguffy@hunton.com
-and-
Ray C. Schrock, Esq.
Natasha Hwangpo, Esq.
Randall Carl Weber-Levine, Esq.
Ashley Gherlone Pezzi, Esq.
Thomas Fafara, Esq.
LATHAM & WATKINS LLP
1271 Avenue of the Americas
New York, New York 10020
Tel: (212) 906-1200
Email: ray.schrock@lw.com
natasha.hwangpo@lw.com
randall.weber-levine@lw.com
ashley.pezzi@lw.com
thomas.fafara@lw.com
- and -
Ted A. Dillman, Esq.
10250 Constellation Blvd., Suite 1100
Los Angeles, CA 90067
Tel: (424) 653-5500
Email: ted.dillman@lw.com
About FAT (Fresh. Authentic. Tasty.) Brands
FAT Brands (NASDAQ: FAT) -- http://www.fatbrands.com/-- is a
global franchising company that strategically acquires, markets,
and develops fast casual, quick-service, casual dining, and
polished casual dining concepts around the world. The Company
currently owns 18 restaurant brands: Round Table Pizza, Fatburger,
Marble Slab Creamery, Johnny Rockets, Fazoli's, Twin Peaks, Great
American Cookies, Smokey Bones, Hot Dog on a Stick, Buffalo's Café
& Express, Hurricane Grill & Wings, Pretzelmaker, Elevation Burger,
Native Grill & Wings, Yalla Mediterranean and Ponderosa and Bonanza
Steakhouses. FAT Brands franchises and owns over 2,200 units
worldwide.
Fat Brands Inc. and 181 subsidiaries sought relief under Chapter 11
of the U.S. Bankruptcy Code (Bankr. S.D. Tex. Case No. 26-90126) on
Jan. 26, 2026. In its petition, Fat Brands listed estimated assets
and liabilities more than $1 billion.
The Honorable Bankruptcy Judge Alfredo R. Perez handles the case.
Latham & Watkins LLP is serving as legal counsel to the Company.
GLC Advisors & Co., LLC is serving as investment banker, and Huron
Consulting Services LLC is serving as financial advisor. Omni Agent
Solutions, Inc., is serving as claims, noticing and solicitation
agent.
White & Case LLP is representing the Ad Hoc Group of Securitization
Noteholders.
Greenberg Traurig, LLP represents UMB Bank, National Association,
solely in its capacity as Trustee to certain series of notes.
FERRARA BUILDING: Paula Beran Named Subchapter V Trustee
--------------------------------------------------------
The Acting U.S. Trustee for Region 4 appointed Paula Beran, Esq.,
at Tavenner & Beran, PLC as Subchapter V trustee for Ferrara
Building Group.
Ms. Beran will be paid an hourly fee of $480 for her services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Ms. Beran declared that she is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Paula S. Beran, Esq.
Tavenner & Beran, PLC
20 North 8th Street
Richmond, Virginia 23219
Phone: (804) 783-8300
Email: Beran@TB-LawFirm.com
About Ferrara Building Group
Ferrara Building Group sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. E.D. Va. Case No. 26-71362) on May 22,
2026, with $0 to $50,000 in assets and $500,001 to $1 million in
liabilities.
Paul A. Driscoll, Esq. at Zemanian Law Group represents the Debtor
as legal counsel.
FIRST EAGLE: Fitch Rates 7.2% Senior Secured Notes Due 2032 'BB-'
-----------------------------------------------------------------
Fitch Ratings has assigned a final debt rating of 'BB-' to First
Eagle Holdings, Inc.'s (First Eagle) $575 million 7.25% senior
secured notes due 2032.
The assignment of the final rating follows the receipt of documents
conforming to information already received. The final rating is the
same as the expected rating assigned on May 4, 2026. For more
details, please see "Fitch Affirms First Eagle at 'BB-' Following
Diamond Hill Acquisition; Outlook Stable".
First Eagle's current Long-Term Issuer Default Rating (IDR) is
'BB-'. The Rating Outlook is Stable.
Key Rating Drivers
Growing Franchise; Solid Investment Performance: First Eagle's
ratings reflect its long-tenured franchise as an investment manager
(IM), solid investment performance within its public market funds,
experienced management team, and above average fee-based EBITDA
(FEBITDA) margins.
Elevated Leverage: Ratings constraints include First Eagle's
elevated leverage, weaker interest coverage, smaller but growing
platform scale and diversity relative to peers. Constraints also
include net asset value-based fees, which increase FEBITDA
volatility, and the company's private equity ownership, which
introduces some uncertainty around financial policies and strategic
objectives.
Leverage Increase Following Acquisition: Leverage, measured as
gross debt to adjusted FEBITDA, was 5.1x at YE 2025, which was
above the rated peer average and corresponds to Fitch's 'b'
category benchmark range of 5x-7x for traditional IMs. Pro forma
for the $575 million notes issuance, excluding yet to be executed
cost synergies, leverage increases to 5.3x based on 2025 adjusted
FEBITDA. Proceeds from the issuance were used to fully pay down
outstanding borrowings on the company's RCF and additional bridge
loan that were used to fund the April 22 closing of the Diamond
Hill acquisition. Fitch expects First Eagle to deleverage gradually
through incremental FEBITDA growth. Failure to maintain leverage
below 6.0x on a sustained basis over the Outlook horizon could
result in negative rating action.
Interest Coverage Pressure: Interest coverage (adjusted
FEBITDA-to-interest expense) was 2.5x at YE 2025, compared with the
four-year (2022-2025) average of 2.6x. First Eagle's interest
coverage is weaker than peers and falls within Fitch's 'b' category
benchmark range of 1x to 3x for traditional IMs. Fitch expects
interest coverage will remain strained over the Outlook horizon,
given increased funding costs from a larger debt balance and the
potential for increased use of the company's delayed draw term loan
for additional opportunistic acquisitions in the medium term.
Failure to sustainably improve interest coverage above 2.5x could
yield negative rating pressure.
Stable Outlook: The Stable Outlook reflects Fitch's expectation
that First Eagle's strategic initiatives will be supportive of
continued solid operating performance, which should lead to gradual
deleveraging and the maintenance of interest coverage above 2.5x.
Fitch also expects First Eagle to continue executing on its
business and investment strategies such that it leads to further
diversification of product offerings and supports greater
consistency of customer net flows.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
For the latest rating sensitivities for First Eagle's Long-Term
IDR, please see the press release "Fitch Affirms First Eagle at
'BB-' Following Diamond Hill Acquisition; Outlook Stable,"
published May 4, 2026.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
For the latest rating sensitivities for First Eagle's Long-Term
IDR, please see the press release "Fitch Affirms First Eagle at
'BB-' Following Diamond Hill Acquisition; Outlook Stable,"
published May 4, 2026.
DEBT AND OTHER INSTRUMENT RATINGS: KEY RATING DRIVERS
The secured debt rating is equalized with First Eagle's Long-Term
IDR, reflecting the current funding mix and Fitch's expectations
for average recovery prospects under a stressed scenario.
DEBT AND OTHER INSTRUMENT RATINGS: RATING SENSITIVITIES
The secured debt rating is primarily sensitive to changes in First
Eagle's Long-Term IDR, and secondarily to material changes in First
Eagle's funding mix or changes in Fitch's assessment of the
recovery prospects for the debt instrument.
Date of Relevant Committee
May 1, 2026
ESG Considerations
First Eagle has an ESG Relevance Score of '4' for Governance
Structure due to private equity ownership, which may result in more
opportunistic growth strategies or shareholder-friendly financial
policies. This has a negative impact on the credit profile and is
highly relevant to the ratings, resulting in a lower Long-Term
IDR.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Prior
----------- ------ -----
First Eagle
Holdings, Inc.
senior secured LT BB- New Rating BB-(EXP)
GORDON VENTURE: Voluntary Chapter 11 Case Summary
-------------------------------------------------
Debtor: Gordon Venture Capital, LLC
1372 Peachtree St, NE, Ste 100
Atlanta, GA 30309
Business Description: Gordon Venture Capital, LLC is a real estate
entity that owns and operates a single
income-producing property.
Chapter 11 Petition Date: June 1, 2026
Court: United States Bankruptcy Court
Northern District of Georgia
Case No.: 26-57264
Debtor's Counsel: Clarence Bryant, Esq.
C.E. BRANT LAW FIRM, LLC
2275 Marietta Blvd, NW, Ste. 270-297
Atlanta GA 30318
Tel: 833-727-3224
E-mail: clarence@cebryantlaw.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Virgil Gordon as president.
The Debtor did not submit a list of its 20 largest unsecured
creditors along with the petition.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/RVDENBA/Gordon_Venture_Capital_LLC__ganbke-26-57264__0001.0.pdf?mcid=tGE4TAMA
GRACE LIMOUSINE: Court Extends Cash Collateral Access to Aug. 28
----------------------------------------------------------------
Grace Limousine, LLC received another extension from the U.S.
Bankruptcy Court for the District of New Hampshire to use cash
collateral to fund operations.
The court entered a fourth final order authorizing the Debtor to
use cash collateral through August 28 in accordance with its
budget. Use of cash collateral is capped at 125% of the budgeted
expenditures, and payments to critical vendors require a separate
court order.
Pre-bankruptcy lienholders will be granted adequate protection
liens on all assets of the Debtor except avoidance action proceeds,
with the same priority as their pre-bankruptcy liens. In case such
liens do not fully protect against any diminution in the value of
their collateral, the lienholders may assert Section 507(b)
administrative claims.
If the Debtor seeks to use cash collateral after August 28, it must
file and serve a proposed continued final order and budget by
August 3. Objections are due by August 12 and the continued final
hearing is set for August 19.
A copy of the fourth final order and the Debtor's budget is
available at https://shorturl.at/0AYVB from PacerMonitor.com.
Based on its review of its records and financing statements filed
with the New Hampshire Secretary of State, Grace Limousine believes
that these lienholders may assert an interest in the cash
collateral as of the petition date: The Provident Bank, Mollica,
Inc., ODK Capital, LLC, Celtic Bank Corporation/BlueVine Inc., and
the U.S. Small Business Administration.
The Debtor and Provident entered into a series of loan
transactions, which comprised of a term loan ($414,000), term loan
(vehicles) ($508,200), term loan (acquisition) ($1.8 million),
equipment line of credit ($300,000), and revolving demand note
($100,000). The Debtor's obligations are secured by all or
substantially all of its assets, including cash collateral.
Additionally, the Debtor obtained a $1.8 million commercial loan
from Mollica, a $500,000 loan from the SBA, and a $50,000 loan from
ODK.
About Grace Limousine LLC
Grace Limousine LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D.N.H. Case No. 25-10775) on November 3,
2025. In its petition, the Debtor reports estimated assets and
liabilities between $1 million and $10 million.
Honorable Bankruptcy Judge Kimberly Bacher handles the case.
The Debtor is represented by Matthew J. Delude, Esq. of Bernstein,
Shur, Sawyer & Nelson, PA.
GRAVITAS NW: Seeks to Hire Walton Law Group LLC as Attorney
-----------------------------------------------------------
Gravitas NW, LLC seeks approval from the U.S. Bankruptcy Court for
the District of Columbia to hire Walton Law Group, LLC as its
attorneys.
The firm will render these services:
a. prepare and file all necessary bankruptcy pleadings on
behalf of the Debtor;
b. negotiate with taxing authorities, landlords, creditors,
and other parties in interest regarding post-petition obligations
and a Chapter 11 plan or other resolution;
c. represent with respect to Adversary and other proceedings
in connection with the Bankruptcy;
d. prepare debtor status reports, schedules, statements, and,
if appropriate, a disclosure statement and plan of reorganization;
e. prepare and respond to all necessary pleadings and requests
from the Court, Trustee, creditors, and any other interested party;
and
f. advise the Debtor with respect to its powers and duties as
a debtor in possession and continue to advise regarding financial
affairs in the Bankruptcy.
The firm will be paid at these rates:
Charles E. Walton $475 per hour
Senior Associate $375 per hour
Junior Associates $275 per hour
Paralegal $175 per hour
Financial Analysis $100 per hour
Walton Law Group is disinterested as that term is defined in 11
U.S.C. Sec. 101(14), according to court filings.
The firm can be reached through:
Charles E. Walton, Esq.
Walton Law Group, LLC
10905 Fort Washington Road, Suite 201
Fort Washington, MD 20744
Phone: (301) 292-8357
About Gravitas NW, LLC
Gravitas NW, LLC filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. D. Col. Case No.
26-00199) listing $100,001 to $500,000 in assets and $500,001 to $1
million in liabilities.
Judge Elizabeth L Gunn presides over the case.
Charles Earl Walton, Esq. at Law Office Of Charles E. Walton serves
as the Debtor's counsel.
GUNTER LAND: Hires Bonds Ellis Eppich Schafer Jones LLP as Counsel
------------------------------------------------------------------
Gunter Land NTX, LLC seeks approval from the U.S. Bankruptcy Court
for the Eastern District of Texas to hire Bonds Ellis Eppich
Schafer Jones LLP as its counsel.
The firm will provide these services:
a. serve as attorneys of record for the Debtor and to provide
representation and legal advice with respect to the Debtor's powers
and duties as debtor in possession in the continued operation of
the Debtor's businesses;
b. assist the Debtor in carrying out its duties under the
Bankruptcy Code, including advising the Debtor of such duties, its
obligations, and its legal rights;
c. take all necessary action to protect and preserve the
Debtor's estate;
d. consult with the United States Trustee, any statutory
committee that may be formed, and all other creditors and parties
in interest concerning administration of this Chapter 11 Case;
e. assist in potential sales of the Debtor's assets;
f. prepare on behalf of the Debtor all motions, applications,
answers, orders, reports, and other legal papers and documents to
further the Debtor's estate's interests and objections, and to
assist the Debtor in preparation of schedules, statements, and
reports, and to represent the Debtor and its estate at all related
hearings and at all related meetings of creditors, United States
Trustee interviews, and the like;
g. assist the Debtor in connection with preparing and refining
its Chapter 11 plans and disclosures statements, and/or all related
agreements and documents necessary to facilitate an exit from this
Chapter 11 Case, take appropriate action on behalf of the Debtor to
obtain confirmation of such plan, and take such further actions as
may be required in connection with the implementation of such
plan;
h. assist the Debtor in analyzing and appropriately treating
the claims of creditors, including objecting to claims and trying
claim objections;
i. appear before this Court and any appellate courts or other
courts having jurisdiction over any matter associated with this
Chapter 11 Case; and
j. perform all other legal services and provide all other
legal advice to the Debtor as may be required or deemed to be in
the interest of its estate in accordance with the Debtor's rights
and duties as set forth in the Bankruptcy Code.
The firm will be paid at these rates:
Bailey C. Pompea, Partner $425 per hour
Eric T. Haitz, Partner $500 per hour
H. Brandon Jones, Partner $500 per hour
Honest Kapic, Associate $315 per hour
Linda Gordon, Paralegal $325 per hour
The firm received $50,000 from the Debtor as a retainer.
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
Eric T. Haitz, Esq., a partner at Bonds Ellis Eppich Schafer Jones
LLP, disclosed in a court filing that the firm is a "disinterested
person" as the term is defined in Section 101(14) of the Bankruptcy
Code.
The firm can be reached at:
Eric T. Haitz, Esq.
Bonds Ellis Eppich Schafer Jones LLP
420 Throckmorton Street, Suite 1000
Fort Worth, TX 76102
Telephone: (817) 405-6900
Facsimile: (817) 405-6902
Email: eric.haitz@bondsellis.com
About Gunter Land NTX, LLC
Gunter Land NTX, LLC is a Dallas-based real estate company
associated with property ownership and land-related activity in
North Texas. The company, whose listed address is in Dallas, is
linked to property in Van Alstyne, Grayson County, Texas.
Gunter Land NTX, LLC filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. E.D. Tex. Case No.
26-41416) on April 24, 2026, listing $10 million to $50 million in
assets and $1 million to $10 million in liabilities. The petition
was signed by Donald Craig Barrow as authorized member.
Eric T. Haitz, Esq. at BONDS ELLIS EPPICH SCHAFER JONES LLP serves
as the Debtor's counsel.
GVS HOSPITALITY: Seeks Subchapter V Bankruptcy in New York
----------------------------------------------------------
On May 26, 2026, GVS Hospitality Hall LLC commenced a voluntary
Chapter 11 bankruptcy case in the Southern District of New York
Bankruptcy Court. Court records indicate liabilities ranging from
$100,001 to $1 million and a creditor count estimated between 1 and
49.
A meeting of creditors under Section 341(a) to be held on June 25,
2026 at 02:00 PM at Zoom.us - USTrustee 1: Meeting ID 160 7717
9142, Passcode 0186029495, Phone 1 (202) 381-3292.
About GVS Hospitality Hall LLC
GVS Hospitality Hall LLC is a hospitality-focused limited liability
company based in New York. The company's name suggests involvement
in banquet facilities, event spaces, restaurants, or related
hospitality services.
The company sought reorganization under Subchapter V of Chapter 11
(Bankr. Case No. 26-11236) and disclosed estimated assets of
$0-$100,000 and estimated liabilities of $100,001-$1 million.
The case has been assigned to Judge Philip Bentley.
The Debtor is represented by Heath S. Berger, Esq., BFSNG Law
Group, LLP.
HAPPYNEST REIT: Assurance Dimensions Raises Going Concern Doubt
---------------------------------------------------------------
HappyNest REIT, Inc. filed its Annual Report on Form 1-K for the
fiscal year ended December 31, 2025 with the U.S. Securities and
Exchange Commission earlier this year. The audited report contains
a blunt warning: conditions exist that raise substantial doubt
about its ability to continue as a going concern.
Based on the financial statements, the Company reported a net loss
of $131.96 million for the year ended December 31, 2025, compared
with a net loss of $20.33 million for 2024. The Company generated
revenue of 291.8 million in 2025, compared to a revenue of $247.2
million in 2024.
Going Concern
Coral Springs, Florida-based Assurance Dimensions, LLC, the
Company's auditor since 2023, issued a "going concern"
qualification in its report dated April 29, 2026, attached to the
Company's Annual Report for the fiscal year ended December 31,
2025, citing that the Company generated negative cash flows from
operations of $1,700, has a net loss of $84,801, and has an
accumulated deficit of $905,617. These conditions raise substantial
doubt about the Company's ability to continue as a going concern.
The continuation of the Company as a going concern is dependent
upon successful financing through equity investors and profitable
investment opportunities expected to have long-term benefits.
Liquidity and Capital Resources
The Company requires capital to fund its investment activities and
operating expenses. The capital sources may include net proceeds
from the Offering, cash flow from operations and borrowings under
loans and credit facilities.
As of December 31, 2025, the Company had operating capital of
$38,329 resulting from current assets of $182,094 less
non-operating current assets of $143,765. For the foreseeable
future the Company will be dependent upon its ability to finance
its operations from the sale of equity or other financing
alternatives. The Company's principal demands for funds will be to
purchase real estate properties and make other real estate
investments, for the payment of operating expenses and
distributions, and for the payment of principal and interest on any
indebtedness it incurs. Although the Company depends upon the net
proceeds from the sale of its shares of common stock to conduct
substantially all of its operations, it may fund its capital
requirements from a variety of other sources.
As of December 31, 2025, the Company's indebtedness primarily
consisted of expenses reimbursable to its affiliates for the costs
incurred by it in connection with its organization and its
Offering, fees payable to its affiliates that it incurred in
connection with the acquisitions of its investment properties, as
well as stock-based compensation expenses and redemptions payable.
Once the Company has acquired a substantial portion of its real
estate portfolio with the proceeds from its Offering, the Company
expects that its debt ratio will not exceed 50% (before deducting
depreciation or other non-cash reserves). Although the Company's
borrowing policy is not to exceed 50% of the portfolio's net assets
(equivalent to 50% of the cost of its assets), the Company has
imposed no limitation on the amount it may borrow for the purchase
of individual assets. For example, HappyNest may take on a property
level loan at 65% loan-to-cost (LTC) so long as its total
portfolio's debt ratio, including all debt financings and other
liabilities, does not exceed its limitations. Any debt financing
for investments that will render the Company's debt ratio in excess
of 50% must be approved by a majority of its independent directors,
or its Conflicts Committee, and disclosed to its stockholders in
any subsequent public reports.
In order to qualify as a REIT for income tax purposes the Company
is required to pay minimum annual distributions to its stockholders
of at least 90% of HappyNest's taxable income (computed without
regard to the dividends paid deduction and excluding net capital
gain). The Company intends for its investments to provide
sufficient available cash flow from operations to pay
distributions. The Company may deem, from time to time, its
then-current financial condition capable of supporting
distributions in excess of the minimum distribution amount. In the
event the Company is required to pay dividends prior to having
invested a substantial portion of the net proceeds from its
Offering, management of the Company may choose, at their sole
discretion, to defer reimbursements and fees due to them in order
to increase the capital available for distributions to
stockholders. The amount and frequency of fee reimbursements to the
Company's Sponsor and Advisor may adversely impact its ability to
make future distributions and requires approval of the majority of
its independent directors or its Conflicts Committee prior to
payment. As of December 31, 2025, the Company's Sponsor has
deferred its right to payment in reimbursement for the costs
incurred by it or its affiliates in connection with the Company's
organization and its Offering.
Although the Company depends upon the net proceeds from the sale of
its shares of common stock to conduct substantially all of its
operations, it may fund its capital requirements from a variety of
other sources.
The Company's primary sources and uses of funds may be as follows:
* Sources: sale of shares of common stock through its Offering
pursuant to Regulation A; sale of shares of common stock through
its dividend reinvestment plan; rent payments from its tenants;
proceeds from mortgage loans, credit facilities, or other amount
borrowed; and distributions from investments.
* Short-term liquidity and capital requirements: property
level operating expenses, if any; interest and principal payments
on mortgage loans, credit facilities, or other debt obligations;
distributions to stockholders; fees or reimbursements payable to
the Company's Sponsor and Advisor; repurchases of shares under the
share repurchase program; and general and administrative expenses.
* Long-term liquidity and capital requirements: acquisitions
of new real estate investments; payment of deferred investment
property acquisition obligation; interest and principal payments on
mortgage loans and credit facility; tenant improvements, leasing
commissions, and other capital expenditures; and repurchases of
shares under the dividend reinvestment plan.
A full text copy of the Company's Form 1-K is available at
http://tiny.cc/wy64101
About HappyNest REIT
Annapolis, Maryland-based HappyNest REIT, Inc. is a real estate
investment trust that focuses primarily on acquiring a diverse
portfolio of commercial real estate properties through direct
ownership structures and limited partnerships with existing
operators. HappyNest is headquartered in Charlotte, North Carolina
and was formed for the purpose of providing the opportunity to
invest in a low-cost, professionally managed portfolio of
commercial real estate assets to investors who have, until
recently, had limited access to these types of investments.
As of December 31, 2025, the Company had $2,530,051 in total
assets, $440,150 in total liabilities, and $2,089,901 in total
stockholders' equity.
HARRISBURG PARKING: Moody's Cuts Rating on 2013 Parking Bond to Ba3
-------------------------------------------------------------------
Moody's Ratings has downgraded the Harrisburg Parking Authority, PA
Senior Parking Revenue Bonds (Capitol Region Parking System, Seres
A of 2013 - Capital Appreciation Bonds, Series A- 2 to Ba3 from
Ba2, and revised the outlook to stable from negative. The project
has about $285 million of debt outstanding. This report focuses
solely on the Series 2013A senior lien bonds, which has only about
$14 million outstanding.
The downgrade of the project's senior lien bonds reflects total
debt service coverage that continues to grind at 1x, which means it
is not able to reimburse the insurer for a series of debt service
reserve fund draws during the pandemic. (Coverage of the senior
lien bonds is adequate at more than 2x.) In addition, debt service
will begin to escalate significantly in 5 years, which considering
the difficulty the project is having increase revenues raises doubt
about its ability to generate sufficient revenues to cover all debt
service in the future.
RATINGS RATIONALE
The Ba3 rating recognizes a project that struggles with a heavy
debt burden (12x revenue) and weak demand. The system has shown
very little ability to increase its parking revenues, which poses
significant risk over the long term. Total debt service coverage is
currently only 1x and debt service will begin escalating
dramatically starting in 2031.
The system has been unable to reimburse its guarantors for a series
of debt service reserve fund draws during the pandemic (it
continues to operate under forbearance following these draws). The
fact that the system is capable of producing only minimal surplus
revenues for these reimbursements over several years suggests it is
not well-positioned to cope with escalating debt service in the
future.
Crucially for the senior lien rating, the Commonwealth of
Pennsylvania (Aa2 stable) leases parking spaces from this project
at the state capitol. Lease payments alone are sufficient to cover
senior lien debt service. While senior lien coverage will remain
adequate throughout the life of the rated senior lien bonds, the
project's challenged ability to cover all debt service poses
numerous risks to all of its bonds, including the senior lien.
RATING OUTLOOK
The stable outlook reflects coverage at 1x, and the fact that the
Ba3 rating appropriately balances the risks of coverage below 1x in
future years given escalating debt service.
FACTORS THAT COULD LEAD TO AN UPGRADE OF THE RATING
-- Ability to increase parking revenues sufficient to meet
escalating debt service in 2031
-- Revision of bond documents to eliminate the possibility of
acceleration from the Series A bonds
FACTORS THAT COULD LEAD TO A DOWNGRADE OF THE RATING
-- Failure to reimburse guarantors for historical DSRF draws
-- Indication that Assured Guaranty might not be willing to extend
its forbearance agreement
-- Revenue trend suggesting that coverage may once again slip
below 1x
PROFILE
Harrisburg Parking Authority is a parking system located in
downtown Harrisburg, PA, consisting of nine parking garages and two
parking lots with roughly 7,700 combined spaces and 1,267 metered
on-street parking spaces. The Ba3 rating described in this press
release applies only to the system's 2013A senior lien bonds. Its
other bonds have ratings based on guarantees or insurance policies
from Dauphin County, PA (A2 stable) or Assured Guaranty Inc.
(insurance financial strength rating A1 stable).
METHODOLOGY
The principal methodology used in this rating was Publicly Managed
Toll Roads and Parking Facilities published in May 2023.
HARRISON BY RENZZI: Amends Plan to Include Disputed Unsecured Claim
-------------------------------------------------------------------
Harrison by Renzzi on the Beach Inc. submitted an Amended Plan of
Reorganization dated May 22, 2026.
The Plan, and the Debtor's financial projections, provides that
unsecured creditors will receive an amount greater than all of the
projected disposable income, as defined by section 1191(d) of the
Code, of the Debtor to be received in the 3-year period.
The disposable income amount is the total income projected to be
received by the Debtor that is not reasonably necessary to be
expended for the payment of expenditures necessary for the
continuation, preservation, or operation of the business of the
Debtor. The Plan will be funded by operations of the hotel. The
length of the Plan will be three years from the Effective Date.
This Plan provides for: 0 class of secured claims 1 class of
priority claims 1 class of non-priority unsecured claims, and 1
class of equity security holders
Like in the prior iteration of the Plan, Class 1 Unsecured
creditors with allowed claims shall receive a pro rata share of the
Debtor's projected disposable income.
Class 2 consists of the Disputed Unsecured Claim of Michael Kadosh
Intervivos Rev Trust. The Plan provides for payment of Landlord's
approximately $300,000.00 in pre-petition rent through plan
payments. This claim is subject to dispute as both parties have
asserted damage claims. The plain delays payment until these
disputes are resolved while projecting that that the Debtor is
capable of paying the claim in full should the Landlord be entitled
to same. This Class is impaired.
Karim Kammoun, Mohammed Chabchoub Amine, and Yousseff Msakni shall
retain their equity interest in the Debtor.
All distributions under the Plan shall be made by the Debtor,
whether the Plan is confirmed pursuant to Section 1191(a) or (b) of
the Bankruptcy Code. The Debtor shall file with the Court as a
supplement to the Plan and provide notice to all creditors at or
before confirmation, a list of all the creditors who will be
receiving payments under the Plan, the total amount to be paid to
each creditor under the Plan (inclusive of all allowed interest and
fees) and the payment terms and schedule for each creditor under
the Plan.
A full-text copy of the Amended Plan dated May 22, 2026 is
available at https://urlcurt.com/u?l=jB2Knc from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Thomas G. Zeichman, Esq.
ZEICHMAN LAW
2385 Executive Center Drive, Suite 300
Boca Raton, FL 33431
Telephone: (561) 467-6291
E-mail: Tom@ZeichmanLaw.com
About Harrison by Renzzi on the Beach Inc.
Harrison by Renzzi on the Beach Inc. provides real estate and
hospitality services for South Florida beachfront properties. The
company specializes in property rentals, development, and
maintenance, catering to both residential and commercial clients.
Harrison by Renzzi on the Beach Inc. filed for relief under Chapter
11 of the U.S. Bankruptcy Code (Case No. 26-11205) on Jan. 30,
2026. The bankruptcy petition reflects estimated assets of
$100,001 to $1 million, with estimated liabilities in the range of
$100,001 to $1 million.
Bankruptcy Judge Robert A. Mark presides over the case.
The Debtor is represented by Thomas G. Zeichman, Esq.
HERITAGE GROCERS: Moody's Cuts CFR to Caa2, Outlook Stable
----------------------------------------------------------
Moody's Ratings downgraded Heritage Grocers Group, LLC's ("Heritage
Grocers") corporate family rating to Caa2 from Caa1, its
probability of default rating to Caa2-PD from Caa1-PD and the
ratings on its backed senior secured term loan and backed senior
secured revolving credit facility to Caa2 from Caa1. The rating
outlook remains stable.
The downgrades reflect Heritage Grocers' continued weak operating
performance, with earnings down about 26% since 2023 and Moody's
views that meaningful improvement will take longer than originally
anticipated. This deterioration has led to very high leverage of
7.2x, weak EBITA to interest of 0.5x and lower than expected free
cash flow for the LTM ended December 28, 2025. Moody's expects
Heritage Grocers to continue to face a difficult consumer spending
environment, compounded by reduced customer traffic due to changes
in immigration policy and high promotional activity that will
constrain revenue growth and pressure margins. Moody's expects the
company to maintain adequate liquidity over the next 12 months and
for Heritage to refinance its $125 million revolving credit
facility expiring in August 2027 in a timely manner.
RATINGS RATIONALE
Heritage Grocers' Caa2 corporate family rating reflects its very
high leverage and weak coverage with debt to EBITDA at 7.2x and
EBITA to interest was 0.5x for the LTM ended December 29, 2025.
The company's profitability was pressured by changes in immigration
policy that has reduced customer traffic, as well as elevated
promotional activity, driven by consumers' increasing focus on
value as they continue to face high cost essentials. The rating
also reflects the company's small scale within the fiercely
competitive grocery retail sector and geographic concentration in
the Southwest and Chicago area, as well as the risk of aggressive
financial policies inherent with ownership by a financial sponsor.
While Heritage previously maintained stronger operating margins
than many larger peers, a meaningful decline since 2023 has brought
operating margins to a level that is below its peers, eliminating
its historical margin advantage.
The ratings are supported by Heritage Grocers' attractive market
niche with a focus on the Hispanic community. The company's high
perishable sales mix, which is at about 60% including dairy, makes
it less exposed to the sales volatility associated with pantry
loading when compared to other traditional grocery stores. With the
use of partners, such as Instacart and Uber Eats, Heritage Grocers
will continue delivery from all stores and curbside pickup at its
stores in Chicago.
The stable outlook reflects Moody's belief that the company will
maintain adequate liquidity and a conservative financial policy.
The outlook also reflects Moody's belief that the company will
refinance its revolving credit facility in a timely manner.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Ratings could be upgraded if operating performance meaningfully
improves, including earnings recovery and consistently positive
free cash flow. An upgrade would also require maintaining cash
flow that decreases the likelihood of a default or increases
recovery, as well as adequate liquidity, including refinancing the
company's revolving credit facility in a timely manner.
Ratings could be downgraded if profitability, free cash flow and
liquidity deteriorate from current levels. Ratings could also be
downgraded should the probability of default increase for any
reason or if recovery prospects decline for any reason.
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.
Headquartered in Ontario, California, Heritage Grocers Group, LLC
operate 115 grocery stores in six states in the Southwest and
Chicago area. The company is owned by funds managed by Apollo and
generates about $3.0 billion in revenue.
HI SIGN BREWING: Case Summary & 20 Largest Unsecured Creditors
--------------------------------------------------------------
Two affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
Hi Sign Brewing, LLC (Lead Case) 26-11027
730 Shady Lane
Austin, TX 78702
Escondido HSB, LLC 26-11028
730 Shady Lane
Austin, TX 78702
Business Description: Hi Sign Brewing is a veteran-owned craft
brewery, coffee bar, and taproom located in Austin, Texas. Founded
by Marine Corps veteran Mark Phillippe, the company brews beer
on-site and operates a taproom offering specialty coffee, beer,
wine, Wi-Fi, outdoor patio space, and beer garden seating. The
taproom is dog-friendly and family-friendly and hosts on-site food
partners Nyam Sunshine Cuisine and Reunion 64 Pizza.
Chapter 11 Petition Date: May 31, 2026
Court: United States Bankruptcy Court
Western District of Texas
Judge: Hon. Christopher G Bradley
Debtors' Counsel: Stephen W Sather, Esq.
BARRON & NEWBURGER, P.C.
7320 N. MoPac Expressway 400
Austin TX 78731
Tel: (512) 476-9103 x220
E-mail: ssather@bn-lawyers.com
Each Debtor's
Estimated Assets: $0 to $50,000
Each Debtor's
Estimated Liabilities: $500,000 to $1 million
The petitions were signed by Mark Phillippe as manager.
Full-text copies of the petitions, which includes lists of the
Debtors' largest unsecured creditors, are available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/QFG4YHI/Hi_Sign_Brewing_LLC__txwbke-26-11027__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/QBLTWXA/Escondido_HSB_LLC__txwbke-26-11028__0001.0.pdf?mcid=tGE4TAMA
HONEY BRANDS: Hires Law Offices of Joel A. Schechter as Counsel
---------------------------------------------------------------
Honey Brands Inc. seeks approval from the U.S. Bankruptcy Court for
the Northern District of Illinois to hire the Law Offices of Joel
A. Schechter as counsel.
The firm's services include:
(a) advise the Debtor with respect to its powers and duties in
the continued operation of its business and financial affairs;
(b) prepare on behalf of the Debtor necessary legal papers and
appurtenant to these proceedings; and
(c) perform all other legal services for the Debtor which may
be necessary in the prosecution of this proceeding.
The firm received a retainer of $10,000, in addition to the filing
fee, from the Debtor.
Joel Schechter, Esq. disclosed in a court filing that his firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Joel A. Schechter, Esq.
Law Offices of Joel A. Schechter
53 W., Jackson Blvd., Suite 860
Chicago, IL 60604
Telephone: (312) 332-0267
Email: joel@jasbklaw.com
About Honey Brands Inc.
Honey Brands Inc. filed a petition under Chapter 11, Subchapter V
of the Bankruptcy Code (Bankr. N.D. Ill. Case No. 26-07105) on
April 23, 2026, with $100,001 to $500,000 in both assets and
liabilities. Ira Bodenstein serves as Subchapter V trustee.
Judge Timothy A. Barnes oversees the case.
Joel A. Schechter, Esq., at the Law Office of Joel A. Schechter
represents the Debtor as bankruptcy counsel.
HPC MOTORSPORTS: Case Summary & Largest Unsecured Creditors
-----------------------------------------------------------
12345678901234567890123456789012XX56789012345678901234567890123456
Lead Debtor: HPC Motorsports, LLC
17545 Kuykendahl Rd
Spring, TX 77379-8327
Business Description: HPC Motorsports LLC is a Spring, Texas-based
automotive performance company. The company provides performance
parts sales, professional parts installation, wheels, engine
component work, turnkey race motors, and full race performance
applications. HPC serves high-performance vehicle customers,
including owners of American classic, muscle, late-model super
cars, domestic vehicles, and foreign vehicles.
Chapter 11 Petition Date: May 29, 2026
Court: United States Bankruptcy Court
Southern District of Texas
Two affiliates that concurrently filed voluntary petitions for
relief under Chapter 11 of the Bankruptcy Code:
Debtor Case No.
------ --------
HPC Motorsports, LLC (Lead Case) 26-33781
High Performance Connection, LLC 26-33782
Judge: Hon. Eduardo V Rodriguez
Debtors' Counsel: Robert C Lane, Esq.
THE LANE LAW FIRM
6200 Savoy Dr., Suite 1150
Houston, TX 77036-3369
Tel: (713) 595-8200
Email: notifications@lanelaw.com
HPC Motorsports'
Total Assets: $117,097
HPC Motorsports'
Total Liabilities: $447,195
High Performance's
Total Assets: $463,949
High Performance's
Total Liabilities: $1,288,029
The petitions were signed by Elie Bejjani as managing member.
Full-text copies of the petitions, which include lists of the
Debtors' largest unsecured creditors, are available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/ZWL765Y/HPC_Motorsports_LLC__txsbke-26-33781__0001.0.pdf?mcid=tGE4TAMA
https://www.pacermonitor.com/view/3O362AA/High_Performance_Connection_LLC__txsbke-26-33782__0001.0.pdf?mcid=tGE4TAMA
HUBILU VENTURE: M&K CPAS Raises Going Concern Doubt Over Losses
---------------------------------------------------------------
Hubilu Venture Corporation filed its Annual Report on Form 10-K for
the fiscal year ended December 31, 2025 with the U.S. Securities
and Exchange Commission earlier this year. The audited report
contains a blunt warning: conditions exist that raise substantial
doubt about its ability to continue as a going concern.
The Company reported a net loss of $551,442 for the year ended
December 31, 2025, compared with a net loss of $186,237 for 2024.
The Company generated rental revenue of $2,203,976 in 2025,
compared to a revenue of $2,232,412 in 2024.
Going Concern
Woodlands, Texas-based M&K CPAS, PLLC, the Company's auditor since
2019, issued a "going concern" qualification in its report dated
April 7, 2026 attached to the Company's Annual Report for the
fiscal year ended December 31, 2025, citing that the Company
suffered a net loss from operations and has a net capital
deficiency, which raises substantial doubt about its ability to
continue as a going concern.
As shown in the acCompanying financial statements, the Company has
incurred recurring losses from operations resulting in an
accumulated deficit of $2,858,582, and negative working capital of
$2,436,873 as of December 31, 2025, and the Company's cash on hand
may not be sufficient to sustain operations.
Management is actively pursuing new properties to increase
revenues. In addition, the Company is currently seeking additional
sources of capital to fund short term operations. Management
believes these factors will contribute toward achieving
profitability.
A full text copy of the Company's Form 10-K is available at
http://tiny.cc/ew64101
About Hubilu Venture
Hubilu Venture Corporation was incorporated under the laws of the
state of Delaware on March 2, 2015 and is a publicly traded real
estate consulting, asset management and business acquisition
Company, which specializes in acquiring student housing income
properties and development/business opportunities located near
within the Los Angeles area. The Company currently owns thirty
properties within the Los Angeles area under a total of nine
subsidiaries in the form of Limited Liability Companies.
As of December 31, 2025, the Company had $23,534,370 in total
assets, $25,312,016 in total liabilities, and $1,777,646 in total
stockholders' deficit.
INTEGRAGEN: Plans to Seek Receivership to Stabilize Finances
------------------------------------------------------------
Market Screener reports that IntegraGen is preparing to seek
court-ordered receivership protection as the French genomics
specialist attempts to stabilize its financial position amid
continuing cash-flow challenges. The company stated that although
its commercial pipeline remains promising, delays in converting
opportunities into revenue have left it unable to meet short-term
funding requirements.
The company operates in the fields of cancer genomics and rare
genetic diseases, providing genomic research services and molecular
diagnostic solutions. IntegraGen has spent recent months
repositioning its business toward biopharma clinical studies and
premium genomic services while working to reduce costs and improve
efficiency.
Management said the proposed court-supervised restructuring would
support ongoing operations and improve the search for strategic
investors or buyers. The company's safeguard proceeding, initially
opened in October 2025, remains active, and a recent indication of
interest from an industrial player prompted the court to delay
further proceedings to allow additional evaluation of a potential
rescue transaction.
About IntegraGen
IntegraGen is a French life sciences company specializing in
genomics, molecular diagnostics, and bioinformatics. The company
offers genetic sequencing and data analysis services that help
researchers and healthcare professionals better understand complex
diseases and develop targeted therapies.
INTEGRATED ENDOSCOPY: Taps Christopher E. Vossman as Accountant
---------------------------------------------------------------
Integrated Endoscopy, Inc., seeks approval from the U.S. Bankruptcy
Court for the Central District of California to hire Christopher E.
Vossman CPA, APC as accountant.
The firm will prepare the Debtor's tax returns.
The firm will be paid at these rates:
Christopher E. Vossman $275 per hour
Haley Golden (assistant) $92 per hour
The firm has requested a post-petition retainer for fees and costs
in the sum of $4,000.
Christopher E. Vossman CPA, APC does not hold or represent an
interest adverse to the bankruptcy estate and, therefore, is
disinterested within the meaning of 11 U.S.C. Sec. 101(14),
according to court filings.
The firm can be reached through:
Christopher E. Vossman, CPA
Christopher E. Vossman CPA, APC
19100 Von Karman Ave., Suite 240
Irvine, CA 92612-6554
Telephone: (949) 851-6271
About Integrated Endoscopy Inc.
Integrated Endoscopy Inc. develops wireless arthroscopic and
single-use rigid endoscope technology for surgical applications.
Headquartered in Irvine, California, the privately held Company was
founded in 1996 following its acquisition of Micro Optics
Development Engineering Labs' optical design assets and markets its
Nuvis Single-Use Arthroscope with plans to extend into additional
procedure-specific endoscopes. Its intellectual property portfolio
includes 19 issued patents across the U.S., Europe, Japan,
Australia, and Canada covering lens systems, LED lighting, and
molded glass optics.
Integrated Endoscopy sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Calif. Case No. 25-12121 on July 31,
2025. In its petition, the Debtor reported between $10 million and
$50 million in assets and liabilities.
Honorable Bankruptcy Judge Scott C. Clarkson handles the case.
The Debtor is represented by Vanessa H. Haberbush, Esq., at
Haberbush, LLP.
Research Corporation Technologies is represented by:
Jeffrey R. Gleit, Esq.
Brett D. Goodman, Esq.
ArentFox Schiff, LLP
1301 Avenue of the Americas, 42nd Floor
New York, NY 10019
Telephone: (212) 484-3900
Facsimile: (212) 484-3990
E-mail: jeffrey.gleit@afslaw.com
brett.goodman@afslaw.com
- and -
Aram Ordubegian, Esq.
Christopher K.S. Wong, Esq.
ArentFox Schiff, LLP
555 West Fifth Street, 48th Floor
Los Angeles, CA 90013-1065
Telephone: (213) 629-7400
Facsimile: (213) 629-7401
E-mail: aram.ordubegian@afslaw.com
christopher.wong@afslaw.com
IQVIA INC: S&P Rates Euro-Denominated Senior Unsecured Notes 'BB'
-----------------------------------------------------------------
S&P Global Ratings assigned its 'BB' issue-level rating and '5'
recovery rating to IQVIA Inc.'s proposed senior unsecured notes due
2033. The '5' recovery rating indicates its expectation for modest
(10%-30%; rounded estimate: 15%) recovery in the event of a payment
default. The 'BBB-' issue-level and '2' recovery ratings on IQVIA's
secured debt remain unchanged.
S&P said, “We expect the company will use the proceeds to repay
its 364-day term loan facility due 2027 (unrated), repay
outstanding indebtedness under its revolving credit facility, and
pay fees and expenses related to this offering.
"Our 'BB+' long-term issuer credit rating and stable outlook on the
company's parent, IQVIA Holdings Inc., remain unchanged. Our rating
reflects the company's position as a leading global clinical
research organization with sizeable scale and a strong market
position in both its research and development solutions and
commercial solutions segments.
"We expect the company's S&P Global Ratings-adjusted debt to EBITDA
will remain in the 3.5x-4x range in the near term, but our ratings
incorporate the expectation that IQVIA would be willing to consider
acquisitions that push leverage temporarily above 4x."
J.B. POINDEXTER: Moody's Alters Outlook on 'B1' CFR to Negative
---------------------------------------------------------------
Moody's Ratings affirmed the ratings of J.B. Poindexter & Co., Inc.
(J.B. Poindexter), including the B1 corporate family rating, the
B1-PD probability of default rating and the B2 senior unsecured
ratings. At the same time, Moody's revised J.B. Poindexter's
outlook to negative from stable.
The negative outlook reflects Moody's expectations of a protracted
recovery of the company's operating performance and key credit
metrics. Despite improved orders and backlog during the first
quarter of 2026, uncertainty remains over the strength and pace of
the recovery over the next 12-18 months. For the 12 months ended
March 2026, the company's leverage has increased to 6.5x
debt-to-EBITDA, well above Moody's downgrade guidance of 4.5x.
The affirmation of the ratings reflects a gradual recovery Moody's
expects in the company's sales and profit in 2026-2027, supported
by its strong competitive position across core business lines and
long-standing relationships with key blue-chip customers. Moody's
also expects the company to have adequate liquidity for the next 12
months.
RATINGS RATIONALE
J.B. Poindexter's ratings reflect the company's strong competitive
position in its main business lines and long-standing relationships
with key blue-chip customers. At the same time, the ratings are
constrained by the company's exposure to cyclical end markets, with
significant customer concentration and volatility around fleet
truck orders in both its Morgan and Morgan Olson segments. Moody's
expects the addition of DBCM (renamed as Pulse division) to J.B.
Poindexter's portfolio of businesses to temper the company's
cyclical earnings fluctuations.
Moody's expectations of revenue recovery through 2027 also
incorporates a rebound in the company's legacy businesses,
including an increase in Morgan's revenue and a moderation in
Reading's sales decline, supported by an improving backlog during
the first quarter of 2026. Moody's also expects Morgan Olson's
sales to recover as new FedEx orders offset UPS's ongoing order
suspension. However, Moody's expects profit and cash flow recovery
to be moderate under an uncertain US policy environment that may
temper demand for new Class 5-7 truck bodies for Morgan, and weak
homebuilding demand that drives demand for Reading's vocational
truck bodies.
Moody's anticipates J.B. Poindexter will have adequate liquidity
for the next 12 months. Moody's expects the company to generate
around breakeven free cash flow in 2026-2027 and to have sufficient
availability under its asset-based lending (ABL) facility, expiring
in 2030. As of March 31, 2026, the unused borrowing availability
was $128 million. There are no significant near-term debt
maturities until 2031 when the $850 million senior unsecured notes
are due.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if J.B. Poindexter maintains
debt/EBITDA below 3.0x and EBITDA/interest above 4.0x through
cyclical periods in its end-markets. Good liquidity is also an
important consideration for a ratings upgrade. The rating could
also be upgraded if the company sustains the EBIT margin above
6.5%.
The ratings could be downgraded if J.B. Poindexter is unable to
maintain debt/EBITDA below 4.5x, or if liquidity deteriorates,
including in the event negative free cash flow erodes the remaining
cash balance further. The ratings can also be downgraded if the
EBIT margin is sustained below 4.5%. The adoption of more
aggressive financial policies, such as sizeable owner distributions
or additional sizeable debt funded acquisitions could also cause a
ratings downgrade.
The principal methodology used in these ratings was Automotive
Suppliers published in November 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Headquartered in Houston, Texas, J.B. Poindexter & Co., Inc.
manufactures commercial truck bodies for medium-duty trucks, pickup
truck caps and tonneau covers; truck bodies for walk-in step vans
and service utility trucks; ambulance cars, commercial vehicle
shelving and storage systems, funeral coaches and limousines. The
company is privately held by Mr. J.B. Poindexter.
JACQUELINE D MOORE: Has Deal on Cash Collateral Access
------------------------------------------------------
Jacqueline D Moore PLLC asks the U.S. Bankruptcy Court for the
Eastern District of Virginia, Alexandria Division, for authority to
use cash collateral and provide adequate protection, pursuant to a
negotiated agreement with its secured lender, PNC Bank, N.A., in
order to continue business operations during the Chapter 11 case.
At the time of filing, the Debtor held approximately $42,405 in
bank deposits and accounts receivable, which constitute the
Prepetition Cash Collateral. According to the motion, PNC Bank
extended a loan to the Debtor on April 21, 2023, in the original
amount of $985,000. The bank perfected its security interest
through a UCC financing statement filed with the Virginia State
Corporation Commission. As of the bankruptcy filing, the Debtor
owed PNC approximately $1,011,435, and the bank held a
first-priority lien on, among other assets, the Debtor's cash
collateral.
As adequate protection for the bank's interest in the collateral,
the proposed consent order grants PNC Bank a replacement lien on
all post-petition proceeds and products derived from the
prepetition cash collateral, but only to the extent of any
diminution in value of the bank's collateral position.
Additionally, the Debtor agreed to make periodic adequate
protection payments to the bank, consisting of a $2,000 payment in
May 2026 and $1,000 monthly payments during June, July, and August.
These payments are intended to compensate the lender for any
potential decline in the value of its secured interest during the
Chapter 11 proceedings.
The Debtor requested that the court immediately approve the consent
order on an interim basis for a 14-day period to avoid immediate
and irreparable harm to the bankruptcy estate.
A copy of the motion is available at https://urlcurt.com/u?l=oBsV6b
from PacerMonitor.com.
About Jacqueline D Moore PLLC
Jacqueline D Moore PLLC, doing business as Comprehensive Surgery
Specialists and Comprehensive Surgical Specialists of Stone Ridge,
is a surgical practice located in Aldie, Virginia. The practice
provides minimally invasive surgical procedures and robotic
surgery, including colon, breast cancer, acid reflux, hernia,
gallbladder, and abdominal cancer procedures. It also treats
conditions including appendix pain, cysts, diverticulitis,
hemorrhoids, hidradenitis suppurativa, lipomas, moles, painful leg
veins, skin cancer, and skin tags. The practice serves communities
including Aldie, Fairfax, Chantilly, Ashburn, South Riding, Dulles,
Annandale, Springfield, and Burke.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Va. Case No. 26-11018) on April 29,
2026, with $100,000 to $500,000 in assets and $1 million to $10
million in liabilities. Jacqueline D. Moore, MD, sole member,
signed the petition.
Steven B. Ramsdell, Esq., at Tyler, Bartl & Ramsdell, PLC
represents the Debtor as legal counsel.
JN GRIFFIN: Stanley Bond Named Subchapter V Trustee
---------------------------------------------------
The Acting U.S. Trustee for Region 13 appointed Stanley Bond as
Subchapter V trustee for JN Griffin Trucking, LLC.
Mr. Bond will be paid an hourly fee of $250 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Bond declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Stanley V. Bond
P.O. Box 1893
Fayetteville, AR 72702
479-444-0255
Email: attybond@me.com
About JN Griffin Trucking LLC
JN Griffin Trucking, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D. Ark. Case No. 26-71014) on May
22, 2026, with $500,001 to $1 million in assets and liabilities.
Judge Richard D. Taylor presides over the case.
Marc Honey, Esq. at Honey Law Firm, P.A. represents the Debtor as
legal counsel.
JOHN STOCKWELL: Rodey Firm Loses Bid to Stay Bankruptcy Proceedings
-------------------------------------------------------------------
Judge Peter D. Russin of the U.S. Bankruptcy Court for the Southern
District of Florida denied as moot the Rodey Firm's expedited
motion to stay all matters in the bankruptcy case of John Kent
Stockwell and Lynn Darlene Stockwell and related adversary
proceeding pending the decision on the motion to transfer the
bankruptcy case to the U.S. Bankruptcy Court for the District of
New Mexico.
All deadlines in the bankruptcy case or the related adversary
proceeding (Case No. 26-ap-01150), with respect to responses or
objections to pending motions, pleadings, or other filed papers are
abated until further order of the Court.
The hearings currently set on June 23, 2026, in both the bankruptcy
case or the related adversary proceeding (Case No. 26-ap-01150) are
cancelled and will be continued, subject to further notice or order
of the Court.
The Court will hold a status conference on June 23, 2026.
A copy of the Court's Order dated June 1, 2026, is available at
http://urlcurt.com/u?l=ljrqdVfrom PacerMonitor.com.
John Kent Stockwell and Lynn Darlene Stockwell filed for Chapter 11
bankruptcy protection (Bankr. S.D. Fla. Case No. 26-15628) on April
30, 2026, listing under $1 million in both assets and liabilities.
The Debtor is represented by Indira Spence, Esq.
JOSHUA MASSINGILL: Seeks to Hire Cormier & Rea Inc. as Accountant
-----------------------------------------------------------------
Joshua Massingill, Attorney at Law, PLLC seeks approval from the
U.S. Bankruptcy Court for the Western District of Texas to employ
Cormier & Rea, Inc. as accountants.
Cormier & Rea, Inc. will file Debtor's 2025 federal taxes for a
flat fee of $1,500. There is no monthly payment. Payment will be
due when the taxes are filed.
As disclosed in the court filings, Cormier & Rea, Inc has no
connection with Debtor’s creditors, parties-in-interest or
affiliates, or attorneys for any of them, the United States
Trustee, or any person employed in the Office of the United States
Trustee.
The firm can be reached through:
John Craite, CPA
Cormier & Rea, Inc.
4413 Spicewood Springs Rd, Ste 301
Austin, TX 78759
Phone: (512) 808-0855
Email: Jcraite@candrtax.com
About Joshua Massingill, Attorney at Law, PLLC
Joshua Massingill, Attorney at Law, PLLC provides services in
business, estate planning, and probate law.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 26-10460) on March 17,
2026. In the petition signed by Joshua Massingill, managing member,
the Debtor disclosed up to $100,000 in assets and up to $1 million
in liabilities.
Judge Shad M. Robinson oversees the case.
The Debtor tapped Robert C. Lane, Esq., at The Lane Law Firm as
counsel; CPN2 LLC, doing business as, CPN Legal as, bookkeeper; and
Cormier & Rea, Inc. as accountant.
JSM PROPERTIES: Case Summary & Three Unsecured Creditors
--------------------------------------------------------
Debtor: JSM Properties, LLC
130 Deer Hill Avenue
Unit #13
Danbury, CT 06810
Business Description: JSM Properties owns two real estate
properties in Georgia, located in Savannah
and Atlanta, with a combined current value
of $1 million.
Chapter 11 Petition Date: June 1, 2026
Court: United States Bankruptcy Court
District of Connecticut
Case No.: 26-50401
Judge: Hon. Julie A Manning
Debtor's Counsel: Joseph J. D'Agostino, Jr., Esq.
LAW OFFICES OF JOSEPH J. D'AGOSTINO JR., LLC
1062 Barnes Rd
Suite 108
Wallingford, CT 06492
Tel: (203) 265-5222
Fax: (203) 265-5236
Email: joseph@lawjjd.com
Total Assets: $1,282,262
Total Liabilities: $338,325
The petition was signed by Josephine Miller as manager.
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/PM3Y2EY/JSM_PROPERTIES_LLC__ctbke-26-50401__0001.0.pdf?mcid=tGE4TAMA
LIFE LINE PLUMBING: Files Emergency Bid to Use Cash Collateral
--------------------------------------------------------------
Life Line Plumbing LLC asks the U.S. Bankruptcy Court for the
Southern District of Texas, Houston Division, for authority to use
cash collateral and provide adequate protection.
The company maintained stable revenues for many years, but
declining job volume during the prior year caused significant
financial strain. To sustain operations, the company borrowed funds
from lenders including Kapitus, Stripe, and Headway, and mounting
pressure from those creditors ultimately forced the bankruptcy
filing.
The Debtor explains that ongoing access to cash collateral is
essential to continue business operations and preserve the
company's value as a going concern. The business depends entirely
on operational revenue and requires immediate access to funds to
cover payroll, office expenses, maintenance, and general operating
costs.
The Debtor emphasizes that without authority to use cash
collateral, the company would be forced to cease operations, which
would undermine its restructuring efforts and harm creditors. To
support the request, the Debtor submitted a 14-day and 30-day
operating budget showing projected income and expenses. The company
requests authority to spend cash collateral according to the
budget, with flexibility to exceed individual budget categories by
up to 10% so long as total monthly expenditures do not exceed the
budget by more than 10%.
The Debtor discusses several Uniform Commercial Code filings that
may affect the Debtor's assets and cash collateral. An online UCC
search revealed a first-position filing in favor of Stellar Bank
related to a 2017 Jetter Trailer. However, the Debtor believes that
debt has already been paid in full and that the lien should have
been released. As a result, the Debtor scheduled Stellar Bank as a
disputed secured creditor with a zero-dollar claim and asserts that
Stellar Bank has no interest in cash collateral. A second UCC
filing by an unidentified creditor purports to create a blanket
lien on all company assets, including cash. The Debtor states that
it remains unclear whether this or any other creditor actually
possesses perfected liens on the company's cash collateral. As of
the petition date, the company reported approximately $14,498 in
cash on hand and accounts receivable totaling roughly $25,961, with
total scheduled assets valued at approximately $87,105.
To provide adequate protection to any creditor that may ultimately
establish a valid security interest in the cash collateral, the
Debtor proposes maintaining the business as a going concern and
granting replacement liens on postpetition cash and after-acquired
property to the same extent and priority as any valid prepetition
liens. The proposed replacement liens would not extend to Chapter 5
avoidance actions.
A copy of the motion is available at https://urlcurt.com/u?l=lfOO2Z
from PacerMonitor.com.
About Life Line Plumbing LLC
Life Line Plumbing LLC is a Katy, Texas-based residential and
commercial plumbing company formed in 2013.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 26-33536) on May 20,
2026. In the petition signed by Jacob Rogers, owner, the Debtor
disclosed up to $100,000 in assets and up to $500,000 in
liabilities.
Judge Jeffrey P. Norman oversees the case.
Robert C Lane, Esq., at The Lane Law Firm, represents the Debtor as
legal counsel.
LIGHTEN UP: Gets Interim OK to Use Cash Collateral
--------------------------------------------------
Lighten Up Hair Salon and Spa, LLC received interim approval from
the U.S. Bankruptcy Court for the Northern District of Illinois,
Eastern Division, to use cash collateral.
Under the June 2 interim order, the Debtor is authorized to use
cash collateral only in accordance with an approved operating
budget, with permitted variances of up to 25% above or below
budgeted disbursements.
As adequate protection, secured lender Kearny Bank was granted
automatically perfected replacement liens on the Debtor's
post-petition assets and proceeds.
The lender will be granted potential superpriority administrative
expense status under Section 507(b) of the Bankruptcy Code if its
collateral position is diminished. The Debtor must provide periodic
financial accountings, monthly operating reports, and other
financial information required under the loan documents.
Termination events include failure to comply with the budget;
dismissal or conversion of the Chapter 11 case; failure to obtain a
final cash collateral order within 90 days of the petition date;
and modification of the order without the lender's consent. Upon a
termination event and after seven days' notice, Kearny Bank may
revoke the Debtor's right to use cash collateral and exercise its
remedies against collateral.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/uxoq1 from PacerMonitor.com.
A final hearing is scheduled for June 30.
Kearny Bank issued a Small Business Administration-backed loan to
the Debtor in February 2021 in the amount of approximately $1.06
million, carrying a variable interest rate tied to the prime rate
plus 1.75 percent. To secure the loan, the Debtor granted Kearny a
security interest in substantially all business assets, including
cash collateral. The SBA is expected to assert a first-priority
lien on these assets, and the Debtor's principals, Ronald and
Stephanie Oringer, personally guaranteed the loan obligations.
Although the Debtor acknowledges the asserted secured claim, it
reserves the right to dispute the amount, priority, or secured
status of any claim filed in the bankruptcy case.
About Lighten Up Hair Salon and Spa
Lighten Up Hair Salon and Spa, LLC operates a full-service salon
and spa in Budd Lake, New Jersey.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. N.J. Case No. 26-15441) on May 13, 2026.
In the petition signed by Ronald E. Oringer, managing member, the
Debtor disclosed up to $50,000 in assets and up to $1 million in
liabilities.
Melinda Middlebrooks, Esq., at Middlebrooks Shapiro, P.C.,
represents the Debtor as legal counsel.
LOYD HAVE: Seeks Chapter 11 Bankruptcy in Florida
-------------------------------------------------
On May 26, 2026, Loyd Have Mercy LLC filed for Chapter 11
protection in the U.S. Bankruptcy Court for the Middle District of
Florida. According to court filings, the Debtor reports between
$100,001 and $1 million in debt owed to 1-49 creditors.
A meeting of creditors under Section 341(a) meeting to be held on
June 22, 2026 at 12:00 PM. U.S. Trustee (Orl) will hold the meeting
telephonically. Call in Number: 888-330-1716. Passcode: 5814238#.
About Loyd Have Mercy LLC
Loyd Have Mercy LLC is a Florida limited liability company. Based
on its name, the company appears to operate in the food service,
restaurant, or hospitality sector, although specific business
activities were not disclosed in the bankruptcy petition.
Loyd Have Mercy LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 26-03854) on May 26, 2026. In its
petition, the Debtor reported estimated assets of $100,001-$1
million and estimated liabilities of $100,001-$1 million.
M&S OILFIELD: Unsecured Creditors to Split $58K over 5 Years
------------------------------------------------------------
M&S Oilfield Service, LLC, submitted an Amended Subchapter V Plan
of Reorganization dated May 22, 2026.
M&S is a Wyoming Limited Liability Company that was formed on
February 26, 2013, and its sole member and manager is Floyd
Sorensen.
Because its business did not dramatically improve after the
pandemic, M&S sold all of its unencumbered assets and started
negotiations with its secured creditors to restructure those
obligations. While those efforts were helpful, the settlement
discussions did not result in any meaningful restructuring of the
secured debt. At the time of filing, there were two semi-trucks
operating, which has not changed to the date of this Plan.
M&S (or its affiliate M&S Trucking Inc.) is the titled owner of its
assets (and the obligor on the debts secured by its assets), but
the actual day-to-day operating of its assets is handled by Diamond
Six S Trucking, LLC under a lease agreement whereby Diamond leases
M&S assets, and Diamond employs the drivers, insures the assets,
does the billing, and pays the expenses for both entities.
Diamond's sole owner and manager is Floyd Sorensen.
Class 7 consists of those unsecured creditors (other than Allowed
Administrative Claims, Allowed Tax Claims and Allowed Priority
Claims) that hold Allowed Claims that were either scheduled by
Debtor as undisputed, or subject to timely proofs of claim to which
Debtor does not successfully object. With the deficiency claims
from Class 1 to 6, there are a total of $246,694.31 in general
unsecured claims.
Subject to Article VIII.8.19, the Class 7 Claims will be treated
and paid the sum of Debtor's net disposable income or at least
$57,933.00 which payments will be distributed on a pro-rata basis
over the five-year term of the Plan. Payments will commence to this
Class on a quarterly basis after the Administrative Expenses/Claims
have been satisfied. Class 7 is impaired.
Class 8 includes the Interests of the Debtor. Class 8 is unimpaired
by this Plan. On the Effective Date, Class 8 shall retain their
Interests subject to the terms of this Plan.
The Debtor shall submit all of its projected disposable income for
the term of the Plan beginning on the Effective Date. On the
Effective Date, Debtor shall carry out the terms of the Plan
including paying the creditors under this Plan, and take all
actions deemed necessary or convenient to consummating the terms of
the Plan.
Diamond operates M&S' assets, and its income will be the source of
the payments to the Debtor for its payments under the Plan.
A full-text copy of the Amended Plan dated May 22, 2026 is
available at https://urlcurt.com/u?l=Xyu2Xt from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Stephen R. Winship, Esq.
Winship & Winship, PC
145 South Durbin Street, Suite 201
Casper, WY 82601
Tel: (307) 234-8991
Email: steve@WinshipandWinship.com
About M&S Oilfield Service
M&S Oilfield Service, LLC, is a Wyoming Limited Liability Company
that was formed on February 26, 2013 with oilfield related hauling
in the Rocky Mountain region as its primary business.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Wyo. Case No. 24-20220) on June 10,
2024, with $500,001 to $1 million in assets and $100,001 to
$500,000 in liabilities.
Judge Cathleen D. Parker presides over the case.
Stephen R. Winship, at Winship And Winship, PC, is the Debtor's
legal counsel.
MADRONE-FLORIDA TECH: S&P Affirms 'BB' Rating on 2025A-B Rev Bonds
------------------------------------------------------------------
S&P Global Ratings affirmed its 'BB' long-term rating on Capital
Trust Authority, Florida's series 2025A and series 2025B student
housing revenue bonds, issued for Madrone-Florida Tech Student
Housing I LLC, Fla., the sole member of which is Madrone Community
Development Foundation, California.
The outlook is stable.
S&P analyzed the project's environmental, social, and governance
factors related to its market position and financial performance.
Florida Tech's campus faces environmental risk, given its coastal
location. S&P Global Sustainable1 views the institute as vulnerable
to severe weather-related events, including tropical storms and
hurricanes, coastal flooding, and extreme heat. All other social
and governance credit factors are neutral in our credit rating
analysis.
S&P said, "The stable outlook reflects our expectation that, during
the one-year outlook period, construction will be completed, and
the project will open with solid occupancy in fall 2026. Over the
longer term, the stable outlook incorporates our view that the
project will perform as forecast, meeting its projected occupancy
and coverage requirements.
"We could consider a negative rating action if cost overruns or
construction delays inhibit the project's ability to open on time
and within budget. We could consider a negative rating action if
once opened, the project's occupancy is materially weaker than
projected, pressuring the project's ability to meet DSC or FCC
covenants.
"We could consider a positive rating action if the project opens on
time and within budget, and in the longer term, establishes a trend
of strong occupancy and DSC well above 1.2x."
MAGENTA BUYER: Moody's Alters Outlook on 'Caa2' CFR to Negative
---------------------------------------------------------------
Moody's Ratings affirmed Magenta Buyer LLC (McAfee Enterprise)'s
("Magenta") ratings including its Caa2 corporate family rating. The
outlook was revised to negative from stable.
The change in outlook reflects the continuing challenges the
company faces stabilizing revenues and improving cash flow before
debt maturities in 2028. Debt will likely need to be restructured
again, given the still high leverage and negative cash flow.
Magenta continues to make progress revitalizing its security
software lineup, particularly for customers with hybrid
on-prem/cloud IT infrastructure and reducing its cost base. While
many of the company's newer products are targeted to the security
challenges of an AI centric architecture and AI enabled threat
actors, the AI landscape is evolving extremely quickly.
RATINGS RATIONALE
Magenta's Caa2 rating reflects the high leverage, negative cash
flow, weak liquidity and challenges stemming from revenue declines
since the separation of McAfee Enterprise as a stand-alone company
and the subsequent acquisition of the FireEye products business
(collectively now doing business under the Trellix brand). While
Magenta has made progress reducing the pace of revenue declines,
cutting run rate operating expenses and cash interest expense, free
cash flow continues to be negative.
Leverage is around 8x on a Moody's adjusted basis for the twelve
months ended March 2026. Moody's expects leverage will remain
elevated over the next 12-18 months as revenues continue to
decline, offset partially by cost improvements. Moody's also
expects cash flow to remain negative. While the company has a
significant installed base of customers in endpoint, network, email
and cloud security, Magenta continues to face challenges from
existing and new market entrants.
Magenta benefits from its scale, diverse enterprise customer base
with long-term relationships, and one of the broadest suites of
security software products. However, declining revenue trends imply
the company is losing market share in segments of the growing
cybersecurity market. Still, Magenta has made significant
improvements in its Skyhigh segment and is addressing other key
areas which can offset some declines from legacy products.
Liquidity is weak given the company's negative free cash flow
profile and upcoming debt maturities in 2028. Moody's expects free
cash flow will be negative over the next 12 months with some
potential for breakeven in 2027. The loans mature in 2028. The
company had $87 million of cash and an undrawn $125 million
revolver as of March 31, 2026.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if Magenta significantly improves its
cash flow profile, stabilizes revenues, and sustains leverage below
8x (including Moody's adjustments).
The ratings could be downgraded if performance continues to weaken
or does not show signs of improving well before debt maturities.
LIST OF AFFECTED RATINGS
Issuer: Magenta Buyer LLC (McAfee Enterprise)
Affirmations:
LT Corporate Family Rating, Affirmed Caa2
Probability of Default Rating, Affirmed Caa2-PD
Senior Secured 1st Lien Bank Credit Facility, Affirmed Caa3
Outlook Actions:
Outlook, Changed to Negative from Stable
Issuer: Magenta Security Holdings LLC
Affirmations:
Superpriority Senior Secured Revolving Credit Facility, Affirmed
B2
Superpriority Senior Secured Term Loan, Affirmed B2
Senior Secured First-out Term Loan, Affirmed B3
Senior Secured Second-out Term Loan, Affirmed Caa3
Senior Secured Third-out Term Loan, Affirmed Ca
Outlook Actions:
Outlook, Changed to Negative from Stable
The principal methodology used in these ratings was Software
published in December 2025.
Magenta's CFR is Caa2, two notches below the scorecard indicated
forward outcome of B3. The difference partially reflects the
challenges the company will have refinancing the upcoming
maturities.
Magenta is a security software company serving both enterprise and
government customers, with about $1.4 billion of revenue for the
twelve months ended December 2025. The company is owned by a
consortium of investors led by private equity firm Symphony
Technology Group. The investor group acquired the McAfee Enterprise
business in July 2021. The company subsequently acquired certain
FireEye assets in October 2021.
MALO ES NA: Seeks Subchapter V Bankruptcy in Puerto Rico
--------------------------------------------------------
On May 16, 2026, Malo Es Na Corp. filed for Chapter 11 protection
in the U.S. Bankruptcy Court for the District of Puerto Rico.
According to court filings, the debtor reports between $100,001 and
$1 million in debt owed to 1-49 creditors.
The deadline for filing the Chapter 11 Subchapter V plan is August
14, 2026, while governmental units must file proofs of claim by
November 16, 2026.
About Malo Es Na Corp.
Malo Es Na Corp. is a Puerto Rico-based corporation. Public filings
provide limited details regarding the company's operations, but it
conducts business as a corporate entity organized under Puerto Rico
law.
Malo Es Na Corp. sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. Case No. 26-02237) on May 16,
2026. In its petition, the debtor reported estimated assets of
$0-$100,000 and estimated liabilities of $100,001-$1 million.
The debtor is represented by Antoan Figueroa, Esq.
MARAGAL MEDICAL: Gets Interim OK to Use Cash Collateral
-------------------------------------------------------
Maragal Medical, P.C. received another extension from the U.S.
Bankruptcy Court for the District of Massachusetts to use cash
collateral to fund operations.
Under the order, signed by Judge Elizabeth D. Katz, the Debtor is
authorized to use cash collateral, on an interim basis, through
Aug. 6, under the same terms and conditions set forth in its cash
collateral motion.
As protection, WebBank and the U.S. Small Business Administration
will be granted replacement liens on the same assets in which they
maintained a security interest prior to the Debtor's Chapter 11
filing.
The Debtor is required to file on or before Aug. 3 a reconciled
budget showing actual to projected income and expenses for the
period ending July 31, 2026, as well as beginning and ending bank
balances monthly, and a projected budget for August, September and
October 2026.
The next hearing is set for Aug. 6.
The order is available at https://urlcurt.com/u?l=jpNbA2 from
Pacermonitor.com.
About Maragal Medical P.C.
Maragal Medical, P.C. is a healthcare provider operating under
Massachusetts law.
Maragal Medical, P.C. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 26-40150) on February 13, 2026. In
its petition, the Debtor reports estimated assets of
$100,001-$1,000,000 and estimated liabilities of $1 million to $10
million.
Honorable Chief Bankruptcy Judge Elizabeth D. Katz handles the
case.
The Debtor is represented by Andrew G. Lizotte, Esq., of Murphy &
King, P.C.
MAYS & JEUNE: Seeks to Hire Jill M. Flinton CPA PLLC as Accountant
------------------------------------------------------------------
Mays & Jeune Inc. seeks approval from the U.S. Bankruptcy Court for
the Northern District of New York to hire Jill M. Flinton CPA PLLC
as accountant and bookkeeper.
The firm's services include:
a) preparation and filing of applicable Federal and New York
State income tax returns; and
b) preparation of Debtor's Monthly Operating Reports.
The firm will be paid at these rates:
a) Flat Rate Services:
(1) Tax preparation and filing -- combined total not to
exceed $1200 per year
b) Hourly Services:
(1) Monthly Operating Reports -- $250 per hour
(2) Bookkeeping -- $140 per hour
(3) Administrative -- $100 per hour
Jill Flinton, CPA, managing member of Jill M Flinton CPA PLLC,
assured the court that his firm is a "disinterested person" within
the meaning of 11 U.S.C. Sec. 101(14).
The firm can be reached through:
Jill Flinton, CPA
Jill M Flinton CPA PLLC
800 NY-146 Suite 385
Clifton Park, NY 12065
Phone: (518) 460-5165
About Mays & Jeune Inc.
Mays & Jeune Inc. owns commercial and residential properties in
Albany County, New York, including mixed-use buildings at 159 and
171 Central Avenue and a three-unit residential rental at 215
Clinton Avenue. The Company manages storefronts and apartments
across its portfolio.
Mays & Jeune Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D.N.Y. Case No. 25-11127) on September
30, 2025. In its petition, the Debtor reports total assets of
$1,037,300 and total liabilities of $360,760.
Honorable Bankruptcy Judge Patrick G. Radel handles the case.
The Debtor is represented by Michael Boyle, Esq. of BOYLE LEGAL
LLC.
MIRACLE RESTAURANT: Court Narrows Claims in Iris Associates Case
----------------------------------------------------------------
Chief Judge Shelly D. Dick of the U.S. District Court for the
Middle District of Louisiana granted in part and denied in part the
motion of Robert C. Miller and Millco Walker, LLC to dismiss the
case captioned as IRIS ASSOCIATES, L.P. VERSUS ROBERT C MILLER, ET
AL., Case No. 25-cv-00463-SDD-EWD (M.D. La.) or alternatively (a)
stay the case or (b) transfer the case to the Bankruptcy Court.
This case arises out of the sale and subsequent lease of certain
commercial real estate in Walker, Louisiana ("the Walker
Property").
Miller is "a member, officer, and/or company insider of Miracle
Restaurant Group, LLC" ("Miracle"). He is also a real estate
developer. By 2023, Miracle "owned and operated over twenty Arby's
restaurants." Miracle and Miller developed a build-to-suit
arrangement to develop new Arby's locations for Miracle. They
engaged in one such agreement to develop the Walker Property. As
was typical under their build-to-suit arrangement, Miller organized
and controlled a "special purpose limited liability company"
("special purpose LLC"), i.e., Millco, to develop the new Arby's
location. Millco then purchased the Walker Property and began
construction and development of the restaurant, and Miracle entered
into a twenty-year lease of this property.
Miller and Millco subsequently marketed the Walker Property to Iris
as an Arby's restaurant under a twenty-year lease with Defendants'
"represented affiliate and longtime Arby's operator, Miracle."
Without a strong twenty-year lease, Iris would not have been
interested in the Walker Property because its value would have been
around $1.5 million less than the $2.2 million list price.
Defendants did not offer to assign the preexisting twenty-year
lease to Iris as part of the sale of the Walker Property. Instead,
Defendants represented that they, as insiders with Miracle, would
facilitate a new twentyyear lease between Miracle and Iris at the
closing of the sale.
To induce the sale, Miller and Millco presented Iris with Miracle's
financial records to evidence Miracle's success and viability as a
long-term tenant. The financials showed
Miracle was "coming out of the COVID-19 pandemic on solid financial
footing," with an eighteen-year history of operating twenty-eight
Arby's locations in multiple states and a cash flow gain of more
than $2.7 million over the prior two years.20 Despite these
financial records, Defendants, as insiders of Miracle, knew that
Miracle was in "perilous financial condition." Defendants also knew
that Miracle would be unable to fulfill its obligations under the
new lease they were marketing to Iris. They, however, did not
disclose Miracle's true financial condition to Iris, despite their
knowledge. Defendants instead actively promoted the new twenty-year
lease with Miracle because they knew Iris's valuation of the Walker
Property mainly hinged upon the revenue from the lease.
On October 19, 2023, and based on Miller and Millco's
representations about Miracle, Iris purchased the Walker Property
from Millco for $2,075,000. Iris would not have purchased the
Walker Property absent Defendants' representations about Miracle's
financial condition. Additionally, Iris and Miracle entered into a
new triple-net, twenty-year commercial lease of the Walker Property
on October 19, 2023. On June 20, 2024, Miracle stopped paying rent
and filed a voluntary Chapter 11 petition for bankruptcy. Miracle
formally rejected the lease on August 15, 2024.
Iris attempted to secure a suitable replacement tenant, but the
Walker Property remained unleased for months. Iris's replacement
tenant was a local, less established restaurant chain, and the
lease was made "on substantially less beneficial terms."
Specifically, the replacement lease is for seven and a half years,
as opposed to twenty, and the monthly rental payments are lower
than those in the Miracle lease. Additionally, the Walker Property
generated no rent for eight and a half months, during which time it
incurred tax, insurance, and other expenses that Miracle would have
borne under the lease marketed and facilitated by Defendants.
On May 27, 2025, the United States Bankruptcy Court for the Eastern
District of Louisiana ("the Bankruptcy Court") issued Findings of
Fact and Conclusions of Law Confirming the Debtor's Third Amended
Subchapter V Plan of Reorganization ("the Plan") in Miracle's
bankruptcy case. Plaintiff then filed this lawsuit against
Defendants on May 29, 2025, alleging Louisiana law causes of action
for fraud, violation of the Louisiana Unfair Trade Practices and
Consumer Protection Law ("LUTPA"), negligent misrepresentation, and
alternatively, unjust enrichment and detrimental reliance.
Count One: Fraud
Defendants argue the Amended Complaint's fraud allegations should
be dismissed because they do not satisfy Rule 9(b). Specifically,
they assert, "there are no particularized facts" alleging that
"either of the Defendants were aware that Miracle either had
financial problems or knew that Miracle would file the Bankruptcy
Case" or that "either Defendant performed a fraudulent act prior to
or in connection with the closing of the sale." Defendants again
insist that Plaintiff's case "would not exist" if Miracle did not
reject the lease on the Walker Property, which is an argument this
Court has already rejected.
The Amended Complaint alleges knowing omissions, i.e., Miracle's
"true financial condition." Specifically, Defendants knew about
Miracle's "perilous financial condition and its inability to fulfil
a twenty-year lease of the Walker Property" but failed to disclose
this information. Defendants allegedly omitted this information
when they were marketing the Walker Property to Plaintiff and when
they provided Plaintiff with financial information that portrayed
Miracle as a company on "solid financial footing." These omissions
occurred in 2023 in the lead up to the October 19, 2023, sale and
renewed lease of the Walker Property.
Plaintiff also adequately pled how omitting information about
Miracle's poor financial situation made Defendants' representations
misleading. Specifically, Plaintiff emphasized that Defendants knew
Plaintiff's valuation of the Walker Property "hinged primarily upon
the revenues to be derived from" the twenty-year lease with
Miracle. And Plaintiff states it would not have bought the property
at all, much less for the $2,075,000 purchase price, if it knew the
twenty-year lease with Miracle was not financially viable.
In this case, Plaintiff alleges Defendants provided
it with financial information "to evidence the success and
viability of Miracle Group as a long-term tenant." Plaintiff
further alleges that both Defendants, as insiders, knew and
failed to disclose that Miracle's "true financial condition" was
different than what was presented in the financial information they
provided to Plaintiff.
The Court must accept Plaintiff's well-pled facts as true and view
them in the light most favorable to Plaintiff. Thus, Plaintiff has
sufficiently alleged that Defendants made
partial disclosures regarding Miracle's financial condition, which
created a duty to disclose the whole truth to Plaintiff.
Accordingly, Plaintiff has plausibly pled fraud by omission.
Count Two: LUTPA Violation
Plaintiff's LUTPA cause of action arises from Defendants' alleged
misrepresentations that induced Plaintiff to buy the Walker
Property and to enter into a lease with Miracle. These
transactions occurred on October 19, 2023. Plaintiff filed this
lawsuit on May 29, 2025. In this case, Plaintiff's LUTPA claim is
based on Defendants' alleged concealment of information about
Miracle's financial situation and misrepresentation of Miracle as a
financially sound tenant that would lease the Walker Property for
twenty years. Defendants allegedly knew Plaintiff mainly valued the
Walker Property for the lease revenue. These allegations allow the
Court to infer that Defendants' acts were intended to induce
Plaintiff to buy the Walker Property from Defendants.
Defendants argue the Amended Complaint lacks plausible allegations
that Defendants had a motivation to harm Plaintiff.
Defendants also argue Plaintiff's allegations do not establish,
without drawing unreasonable inferences, that any of Defendants'
acts were egregious enough for the LUTPA claim to survive a Rule
12(b)(6) dismissal. The Court disagrees. Accepting the facts
alleged as true, Defendants intentionally misrepresented Miracle's
financial situation to induce Plaintiff to buy the Walker Property
from Defendants. Specifically, Defendants knew Plaintiff's interest
in the sale depended on a twenty-year lease with Miracle, so they
chose not to disclose information about Miracle's "perilous
financial condition" and instead provided Plaintiff with misleading
financial records. These acts led Plaintiff to purchase the
property and lease it to Miracle for a twenty-year term. Taking
these allegations as true, Plaintiff has plausibly pled that
Defendants' misrepresentations fraudulently induced the sale to
Plaintiff and were sufficiently unscrupulous to support a LUTPA
cause of action. Thus, the Motion will be denied as to the LUTPA
claim, the Court holds.
Count Three: Negligent Misrepresentation
Defendants argue the negligent misrepresentation claim against
Miller must be dismissed because there is no allegation of privity
of contract between Miller and Plaintiff, and he therefore owed no
duty to Plaintiff. According to the Court, Plaintiff has
sufficiently alleged that Defendants voluntarily conveyed partial
financial information to induce the sale of the Walker Property,
which created a duty to disclose the whole truth about Miracle's
financial situation. Thus, Defendants' argument fails.
Defendants also argue the Amended Complaint lacks plausible factual
allegations that Defendants supplied false information or knew that
Miracle would file for bankruptcy and reject the lease. This
argument also fails. The Court has already acknowledged that the
Amended Complaint sufficiently alleges Defendants' "actual
knowledge of Miracle Group's perilous financial condition," failure
to disclose that information to Plaintiff, and false portrayal of
Miracle as financially healthy. Thus, the Court finds Plaintiff has
plausibly pled factual allegations that Defendants supplied false
information. Therefore, this argument also fails. Accordingly, the
Motion is denied as to the negligent misrepresentation claim.
Count Four: Unjust Enrichment and Detrimental Reliance
Defendants correctly argue the Amended Complaint fails to plead the
fifth element, lack of alternative remedies. Plaintiff must
"sufficiently allege facts demonstrating every element in order to
state a claim for unjust enrichment." Plaintiff has failed to do
so. Therefore, Plaintiff's unjust enrichment claim must be
dismissed for failure to state a claim.
Defendants argue Plaintiff failed to plausibly plead detriment
because Plaintiff owns the Walker Property and currently has a
tenant. Plaintiff counters that its detriment was the months
without rent and the lowered value of the Walker Property after
having to secure a replacement tenant at a lower rent and for a
shorter term. Due to Defendants' alleged representations, which
induced Plaintiff to buy the property and enter into a lease with
Miracle, Plaintiff expected Miracle to cover said rent and expenses
for twenty years. With the replacement lease rather than Miracle's
twenty-year lease, the Walker Property is allegedly valued at $1.2
million, rather than the $2,075,000 Plaintiff paid for it.
Considering these factual allegations, the Court concludes
Plaintiff has plausibly plead a detriment. Defendants have not
satisfied their burden under Rule 12(b)(6). Therefore, the Motion
is denied as to the detrimental reliance claim.
The motion is granted to the extent that it seeks dismissal of the
unjust enrichment claim, and Plaintiff's claim for unjust
enrichment is dismissed with prejudice. The motion is denied in all
other respects.
The Plaintiff's request for leave to amend the Amended Complaint is
denied.
A copy of the Court's Ruling dated May 26, 2026, is available at
https://urlcurt.com/u?l=s27XPr from PacerMonitor.com.
About Miracle Restaurant Group
Miracle Restaurant Group, LLC owns and operates a fast-food
restaurant in Covington, La.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. La. Case No. 24-11158) on
June 20, 2024, with $1 million to $10 million in both assets and
liabilities. Dwayne Murray, Esq., at Murray & Murray, LLC, serves
as Subchapter V trustee.
Judge Meredith S. Grabill presides over the case.
The Debtor is represented by Douglas S. Draper, Esq., and Michael
E. Landis, Esq., at Heller, Draper & Horn, LLC.
First Franchise Capital Corp., as secured creditor, is represented
by Jeffrey M. Hendricks, Esq., at Bricker Graydon, LLP, in
Cincinnati, Ohio.
MIYOSHI AMERICA: Secures Court OK for Chapter 11 Bankruptcy Plan
----------------------------------------------------------------
Emlyn Cameron of Law360 Bankruptcy Authority reports that a Texas
bankruptcy judge Wednesday, June 3, 2026, authorized Miyoshi
America Inc. to carry out its prepackaged Chapter 11 plan aimed at
resolving tort claims tied to the cosmetics ingredient supplier.
The judge concluded that the plan satisfied confirmation
requirements and could be implemented as proposed.
Miyoshi America develops and supplies ingredients used in cosmetics
and personal care products. The company's restructuring plan was
negotiated in advance with key stakeholders to expedite the
bankruptcy process and reduce litigation uncertainty, according to
report.
The approval clears the way for the company to begin implementing
its restructuring framework, including the treatment of tort
claimants under the confirmed plan, the report relays.
About Miyoshi America Inc.
Miyoshi America Inc. is a U.S.-based supplier of advanced materials
used in cosmetics and personal care products. The company
specializes in engineered powders and treated pigments designed to
improve product feel, durability, and visual performance.
Miyoshi America Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Tex. Case No. 26-90522) on April 27,
2026. In its petition, the Debtor reports estimated assets and
liabilities between $10 million and $50 million each.
Honorable Bankruptcy Judge Christopher M. Lopez handles the case.
The Debtor tapped Charles Stephen Kelley, Esq., at Mayer Brown LLP
as counsel and Stretto, Inc. as claims, noticing, and solicitation
agent.
MORVATT ENTERPRISES: Trustee Files Liquidating Plan
---------------------------------------------------
Matthew Golden, the appointed Trustee for Morvatt Enterprises LLC,
filed with he U.S. Bankruptcy Court for the Western District of
Kentucky a Combined Disclosure Statement and Plan of Final
Liquidation for the Debtor dated May 22, 2026.
The Debtor was at one time one of the largest poultry operations in
the Commonwealth of Kentucky, with more than 50 poultry houses
across 6 farms of hundreds of acres producing millions of chickens
per year.
Charles Morris was the sole owner of Morvatt and had operated the
business since 1998. There was no question that Morvatt
successfully operated as a poultry operation, employing workers and
producing substantial income.
However, Morvatt's poultry products were captive to the Tyson
Chicken corporation by agreement. Tyson provided feed, chicks, and
other supplies and, in exchange, Morvatt could only sell to Tyson.
Morvatt, together with several other poultry farmers in the Western
District of Kentucky, became embroiled in an unfair trade practices
dispute that ultimately led to a lawsuit being filed in the Western
District of Kentucky, Morvatt, et al., v. Tyson Chicken, Inc.,
4:15-cv-00077.
This Plan is a plan of liquidation. The Trustee proposes to
liquidate remaining assets, reconcile claims, and distribute
proceeds to creditors in accordance with the priorities of the
Bankruptcy Code.
The Trustee has sold substantially all of the Debtor's assets since
his appointment pursuant to Court-approved Section 363 sales and
has closed those transactions. The Trustee has also pursued Chapter
5 actions and has recovered money. The Trustee has only expended
the bare minimum to maintain the estate, grass cutting in
anticipation of an auction and the maintenance of liabilityonly
insurance, and has a substantial amount of money ready for
disbursement, approximately $647,046.32.
The Trustee's Plan proposes payment of the following classes of
creditors in the following order:
* Payment of Allowed Administrative Claims and other priority
obligations, including US Trustee Fees, as required by the
Bankruptcy Code. The Trustee estimates that these Administrative
Claimants are owed approximately $128,253.48 plus US Trustee Fees.
* Payment of secured claims the value of their claims in the
sale of their collateral in accordance with Section 506 of the
Bankruptcy Code and applicable non-bankruptcy law. The Trustee
estimates that these secured claimants are owed approximately
$163,859.24.
* Payment of priority liabilities, if any, upon determination
pursuant to Section 505 of the Bankruptcy Code. The Trustee has
considered the tax consequences of this matter. The Debtor and
Debtor-in-possession did not file tax returns in this matter and
failure to, file assessments have been made. The Trustee will
employ a tax professional to finalize the taxes of Debtor and has
filed a Motion to Employ an accountant which is pending before the
Bankruptcy Court. The final tax liability of Morvatt is presently
unknown and will not be known until the returns are filed. The
Internal Revenue Service and the Kentucky Department of Revenue
have filed pending claims of $64,572.64.
* Pro rata distributions from the remaining balance after
payment of senior claims and plan expenses to holders of allowed
general unsecured claims who do not have other security.
* Cancellation of equity interests and closure of the estate.
The Trustee will fund the above payments with the $647,046.32 cash
proceeds from the aforementioned sales and recoveries of assets
from Chapter 5 actions. The Trustee believes that he will be able
to pay Administrative Claims in full, Priority Claims in full,
Secured Claimants the full value of their collateral from the
proceeds of the prior sales of that collateral, and will be able to
make a pro-rata distribution to unsecured creditors.
The Trustee believes that there will be as much as $354,933.60
available for distribution to unsecured creditors and priority
claimants after the payment of administrative and secured
claimants. This number may, and highly likely will, change upon the
determination of the final tax liability of the entity, additional
collections by the Trustee and the determination of claims.
Of the 12 claims, one is a duplicate, and five have been satisfied.
The remaining claimants are Field and Main Bank, Caroline Skinner
Morris, the Internal Revenue Service, the Kentucky Department of
Revenue, and the United States Small Business Administration. The
balance of the claims at issue in this case are administrative
expense claimants whose claims arose as a result of the case
filing.
Treatment of Unsecured Claimants
The Trustee proposes paying the unsecured creditors a pro rata
distribution of all amounts left on hand after payment of the
Administrative Expense Claims, the Secured Claimants' proceeds, and
the priority claimants subject to determination under Section 505
of the Bankruptcy Code. The Trustee does not believe that there
will be sufficient funds to pay these unsecured creditors in full.
As such, the unsecured creditors are impaired and will be entitled
to a vote.
The Trustee has approximately $647,046.32 on hand for distribution
as of the date of this filing. Of that amount, the Trustee believes
that secured creditors have liens in those proceeds in the amount
of $163,859.24. The Trustee estimates that there will be
administrative expenses of $128,253.48 including those
administrative expenses from prior to the Trustee's appointment.
The Trustee will seek a determination of tax liability in this
matter pursuant to Section 505 of the Bankruptcy Code after filing
the returns that the debtor-in-possession did not file. It is
uncertain as to how much tax liability the estate will have for
failure to file returns but the Trustee notes that the present
priority claimants have filed claims exceeding $64,572.64. As such,
the Trustee approximates that there may be up to $354,933.60 for
distribution to unsecured creditors but actual amounts may differ
materially based upon the unknown tax liability.
The Trustee proposes distributing the remaining funds to the
unsecured creditors' pool. Upon information and belief, the only
unsecured creditors in this matter are (a) Caroline Skinner Morris
for the deficiency balance on her secured claim, (b) the United
States Small Business Administration, (c) unsecured claims of
priority claimants IRS and Kentucky Department of Revenue not
otherwise addressed in Section 5(B)(2), if any, and (d) Field and
Main Bank for the alleged deficiency balance on its secured claim.
The Trustee proposes dividing the unsecured creditors into two
classes. Unsecured Class A Creditors will be those creditors that
have no additional security. Those creditors are Caroline Skinner
Morris, the United States Small Business Administration, and the
priority creditors, if any, who have unsecured claims upon
determination under Section 505 of the Bankruptcy Code. Unsecured
Class A Creditors are impaired and entitled to a vote. Under the
Trustee's plan, the Trustee proposes paying each of these creditors
a pro rata share of the balance remaining on hand after deducting
for any amounts those creditors have received elsewhere in this
plan.
Unsecured Class B Creditors consists only of Field and Main Bank.
The Trustee proposes paying Field and Main Bank the amount of its
proceeds of $65,420.75 and disallowing any further claims based on
the following information. Field and Main Bank has filed two claims
in this matter. The first is a secured claim for $966,215.36,
secured in 1097 Collins Lane and 1030 Country Club Lane, Henderson
Kentucky (Proof of Claim 1).
Field and Main Bank valued that collateral at $2,984,748.00. The
second Field and Main Bank claim is for $225,282.46. This claim is
alleged to be secured in 1097 Collins Lane in the amount of
$225,282.46 and is now allegedly secured in the proceeds of sale.
Field and Main valued that collateral at $1,384,748.
The equity interests of Morvatt Enterprises, LLC, are property of
the bankruptcy estate of In re Charles Morris, WDKY No. 23-40451.
Under this plan, equity interests shall receive no distribution and
shall be cancelled on the Effective Date, unless the Trustee
determines that all Claims are paid in full and value remains for
equity in which case the Trustee will turn said property over to
the Trustee of In re Charles Morris. As no distribution is
provided, The 5(B)(5) equity interests are deemed to have rejected
the plan.
A full-text copy of the Combined Disclosure Statement and Plan
dated May 22, 2026 is available at https://urlcurt.com/u?l=UxwaZ8
from PacerMonitor.com at no charge.
About Morvatt Enterprises
Morvatt Enterprises, LLC, a company in Henderson, Ky., filed a
Chapter 11 petition (Bankr. W.D. Ky. Case No. 23-40488) on Aug. 22,
2023, with up to $50,000 in assets and $1 million to $10 million in
liabilities. Charles H. Morris, Jr., owner and sole member, signed
the petition.
Judge Charles R. Merrill oversees the case.
The Debtor tapped Sandra D. Freeburger, Esq., at Deitz Shields &
Freeburger, LLP as counsel and Richard Anderson, CPA at TPS West,
LLC as accountant.
MOTIVO: Exits Receivership After Sold to Board Member's New Firm
----------------------------------------------------------------
Rich Kirchen of Milwaukee Business Journal reports that a Milwaukee
manufacturing business has been transferred out of receivership and
sold to a newly established company tied to one of its board
members. The deal was approved as part of a court-supervised
receivership process intended to restructure distressed assets and
facilitate an orderly sale.
The receiver oversaw operations during the restructuring period,
maintained business continuity, and evaluated potential buyers.
Ultimately, a board-member-affiliated investment group emerged as
the winning bidder and acquired the company's assets, intellectual
property, and ongoing operations. The sale was structured to ensure
a smooth transition while addressing creditor claims, the report
states.
The manufacturer, which operates in the industrial and mobility
equipment sector, has long supplied specialized products to
commercial and healthcare markets. The receivership outcome is
expected to preserve portions of the business and maintain a
footprint in the Milwaukee industrial economy, according to
report.
About Motivo
Motivo is a U.S. medical device company specializing in the
development and production of modern walkers and rollators. Its
most recognized product is the Motivo Tour Walker, designed as an
advanced alternative to standard mobility aids. The company traces
its origins to around 2012.
The Company has been placed into receivership after securing
millions in investor funding. The company’s financial
difficulties emerged after an extended effort to commercialize its
flagship Tour Walker product.
MOUNTAIN REGIONAL: Seeks to Extend Plan Exclusivity to June 16
--------------------------------------------------------------
Mountain Regional Equipment Solutions, LLC and MRES Holdings, LLC
asked the U.S. Bankruptcy Court for the District of Utah to extend
their exclusivity periods to file a plan of reorganization and
obtain acceptance thereof to June 16 and August 17, 2026,
respectively.
This Motion is the Debtors' second request for an extension of the
Plan Period. It cannot be reasonably asserted that the Debtors are
seeking an extension of the Plan Period to unfairly prejudice or
pressure the Debtors' creditors.
Instead, the extension requested by the Debtors is an exercise of
prudent business judgment and an attempt to have adequate time to
negotiate terms with secured creditor and other creditors of the
estate.
The Debtors explain that they may file a request for a further
extension of the Plan Period and Solicitation Period, and this
Motion is without prejudice to the Debtors seeking such an
extension.
In sum, the requested extension of the Plan Period will facilitate
the Debtors' efforts to maximize the value of their estates by
providing the Debtors with a full and fair opportunity to seek
acceptance of their Plans. The Debtors submit that the extension
requested herein will increase the likelihood of a greater
distribution to creditors than would be possible if the Debtors
were required to seek confirmation without additional time to
finalize acceptance of the plan with key creditors.
Counsel to the Debtors:
Jeffrey L. Trousdale, Esq.
Cohne Kinghorn, P.C.
111 E. Broadway Eleventh Floor
Salt Lake City, UT 84111
Telephone: (801) 363-4300
Facsimile: (801) 363-4378
Email: jtrousdale@ck.law
Cameron M. McCord, Esq.
JONES & WALDEN LLC
699 Piedmont Ave. NE
Atlanta, GA 30308
Phone: (404) 564-9300
Email: cmccord@joneswalden.com
About Mountain Regional Equipment Solutions
Mountain Regional Equipment Solutions, LLC, supplies and services
automated lubrication systems, safety systems, and maintenance
products used in heavy mobile equipment and industrial machinery.
It serves customers across construction, mining, transportation,
agriculture, and industrial markets, with operations based in Salt
Lake City, Utah.
Mountain Regional Equipment Solutions sought protection under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Utah Case No.
25-27678) on Dec. 19, 2025, listing between $1 million and $10
million in assets and between $10 million and $50 million in
liabilities. Todd Miceli, manager, signed the petition.
Jeffrey L. Trousdale, at Cohne Kinghorn, P.C., is the Debtor's
legal counsel.
MYSTICAL STARS: To Sell Denville Property to Steven DiSarro
-----------------------------------------------------------
Kenneth A. Rosen, Liquidating Trustee of Mystical Stars LLC f/k/a
Arya International Inc., seeks approval from the U.S. Bankruptcy
Court for the District of New Jersey, to sell Property, free and
clear of liens, claims, interests, and encumbrances.
The Debtor's Property is located at One Hillside Road, Denville,
New Jersey.
The Debtors operated various dance studios headquatered in
Parsipanny, New Jersey.
Debtor Rupal Patel purchased various residential properties in
Morris County where her dance instructors and family members
lived.
Debtor Rupal Patel and certain family members resided at 1 Hillside
Road, Denville, New Jersey which is a single family residence
consisting of approximately 2,744 sq. ft., 4 bedrooms and 3 full
bathrooms.
The Official Unsecured Creditors' Committee and Farmers and
Merchant Banks reached an accommodation to liquidate the properties
against which Farmers and Merchants Bank holds a first mortgage
lien against with an indebtedness in excess of $12 million. The
agreement provides that the Liquidating Trust will receive 20% of
the net proceeds.
The Liquidating Trustee retains Max Spann Auctions and AJ Wilner
Auction to market and sell the Real Estate Assets. The fee agreed
to by the auctioneers was a 5% buyers' premium. If any third-party
broker pregistered, that licensed broker will receive 2% of the
purchase price not including the buyers' premium.
A detailed report dated May 29, 2026 is attached as Exhibit A.
https://urlcurt.com/u?l=brYFCo
The highest bidder was Steven DiSarro at $780,000 plus the buyer's
premium of $39,000.
The proposed Buyer has no connection to the Liquidating Trustee,
the Liquidating Trustee's professionals, the Debtors, Farmers &
Merchants Bank, or any member of the Official Unsecured Creditors
Committee.
The Liquidating Trustee further request that the Bankruptcy Court
authorize the Sale of the Real Property free and clear of all
Encumbrances which be asserted against the Real Property.
About Mystical Stars
Mystical Stars, LLC, f/k/a Arya International, Inc. is a dance
academy that teaches Indian dance styles throughout the country.
The Debtor filed its voluntary petition for relief under Chapter 11
of the Bankruptcy Code (Bankr. D.N.J. Case No. 24-18290) on August
21, 2024, listing $1,000,001 to $10 million in assets and
$10,000,001 to $50 million in liabilities.
Judge Stacey L. Meisel presides over the case.
Anthony Sodono, III, Esq., at Mcmanimon, Scotland & Baumann, LLC
represents the Debtor as counsel.
NAVA HEALTH: Seeks 120-Day Extension of Plan Filing Deadline
------------------------------------------------------------
NAVA Health MD, Inc. ("NHMD") and NAVA Health Medical Group, LLC
("NHMG," and together with NHMD, the "Debtors") asked the U.S.
Bankruptcy Court for the Eastern District of Virginia to extend
their exclusivity periods to file a plan of reorganization and
obtain acceptance thereof for additional one hundred twenty days.
The Debtors explain that they are currently and actively evaluating
the potential for new capital raises designed to aid in
reorganization efforts, and at the same time, analysis of potential
sales of viable assets of the Debtors in a manner that would afford
material payment to general unsecured claims in these cases.
To that end, the Debtors are moving, contemporaneously with the
filing of this Motion, to seek approval for their engagement and
employment of a business valuation expert. The Debtors believe and
represent that a current business valuation is necessary to assist
in the Debtors' efforts both to identify and solicit new capital,
and/or to seek potential purchasers for assets of the Debtors.
The Debtors expect that inquiries currently being made to current
and prospective capital sources will require a business valuation
and will require additional time beyond the exclusive period
remaining to the Debtors under Section 1121(d) of the Bankruptcy
Code. Similarly, any efforts to effect a potential sale of assets
will similarly require additional time and effort of the Debtors
and their retained professionals.
The Debtors claim that they have not previously made a request for
extension of the exclusive periods herein and have stabilized
business operations during the initial stages of these Chapter 11
proceedings with respect to the remaining four retail locations
operated by the Debtors. The Debtors have been successful in
managing overhead and operational expenses during the early stages
of these cases so as to ensure positive cash flow from operations.
The Debtors assert that with respect to the large amount of
indebtedness incurred from failed expansion efforts, the Debtors
cases are large and complex. The jointly administered Debtors have
over two hundred scheduled creditors holding over $26,000,000.00 in
claims. The Debtors' principal secured lender has filed a claim of
over $5,000,000.00 secured by the assets of the joint Debtors. The
prospects of formulating a Chapter 11 Plan that will provide any
material distribution to general unsecured claims is both a
challenging and complex process facing the Debtor.
The Debtors further assert that they have stabilized their current
business operations and are paying their current operating
expenses. Additional time is required to generate data and
information which will permit material negotiations with creditors
and parties in interest. Finally, the sheer volume in amount of
claims and the number of creditors make this a challenging and
complex proceeding requiring additional time of the Debtors to
navigate same.
Counsel to the Debtors:
Kevin M. O'Donnell, Esq.
HENRY & O'DONNELL, P.C.
300 N. Washington Street, Suite 604
Alexandria, VA 22314
Telephone: (703) 548-2100
Facsimile: (703) 548-2105
E-mail: kmo@henrylaw.com
About NAVA Health MD, Inc.
Nava Health MD, Inc. operates in the functional medicine,
longevity, and wellness sector, providing personalized, integrative
care through physical centers and digital platforms. Through its
management of Nava Health Medical Group, LLC, the company offers
physician-supervised hormone optimization, nutrition, IV therapy,
diagnostic testing, and wellness programs aimed at improving health
span and biological-age markers.
NAVA Health MD, Inc. sought protection under Chapter 11 of the
Bankruptcy Code (Bankr. E.D. Va. Case No. 26-10497) on March 1,
2026.
At the time of the filing, Debtor had estimated assets of between
$1,000,001 to $10 million and liabilities of between $10,000,001 to
$50 million.
Judge Brian F. Kenney oversees the case.
Henry & O'Donnell, P.C. is the Debtor's legal counsel.
NEW ENVIRI: S&P Affirms 'B+' ICR Then Withdraws Rating
------------------------------------------------------
S&P Global Ratings affirmed its 'B+' issuer-credit rating on Enviri
Corp.
S&P subsequently withdrew its ratings on legacy Enviri Corp, and
assigned its 'B+' issuer-rating to the new Enviri Corp.
The stable outlook reflects Enviri's improved financial
flexibility, leverage, and covenant compliance, as well as
resilient performance in Harsco Environmental, partially offset by
cash flow drag from legacy rail contracts.
On June 1, Enviri Corp. completed the sale of its Clean Earth
business to Veolia Environnement S.A. for gross proceeds of $3.04
billion.
The new spin-off entity, renamed Enviri Corp, contains the Harsco
Environmental and Harsco Rail businesses.
Enviri used proceeds to pay a $1.3 billion dividend to shareholders
and for debt repayment of about $1.2 billion, with the remaining
proceeds placed on the balance sheet to bolster liquidity and
de-risk currently loss-making rail contracts.
The transaction improves Enviri's capital structure and liquidity.
Enviri used proceeds from the transaction to fully repay
approximately $628 million of revolver borrowings, redeem its $475
million notes due 2027, and prepay about $100 million of term loan
borrowings. It now has no upcoming maturities for the next two
years.
Liquidity and covenant headroom were tight before the transaction,
but Enviri should have ample cushion on a pro forma basis. S&P
expects leverage will improve to about 2x on a company-adjusted
basis, with plenty of headroom under Enviri's lowered 3x net
leverage covenant, along with full availability under the downsized
$152 million revolver (not rated).
S&P said, "On an unadjusted basis, we expect S&P gross debt
including leases of about $425 million, implying leverage of 3x our
2026 EBITDA estimate of $140 million; we do not net cash against
gross debt given Enviri's weak business risk profile. This figure
moves to the mid-3x area when including our standard debt
adjustments.
"We expect leverage will improve moderately in coming years because
of volume growth in Harsco Environmental and an eventual return to
profitability for rail as Enviri completes, exits, or restructures
loss-making engineered-to-order (ETO) contracts and refocuses on
its profitable aftermarket equipment, standard products, and
contracted services businesses."
Balance sheet cash and management actions should mitigate further
cost overruns and future credit risk related to the company's
legacy ETO contracts. Although Harsco Rail's long-term, fixed-price
contracts to manufacture highly engineered equipment for Deutsche
Bahn, Network Rail, and SBB could weigh on free cash flow if they
are not restructured, with future costs exceeding current
expectations, management is reviewing options to derisk the
contracts. This could dramatically limit cash burn in coming years.
Additionally, Enviri did not take additional forward loss
provisions in the first-quarter of 2026 and has set aside a
material amount of cash to support guarantees related to the ETO
contracts if they were not restructured.
S&P said, "Given Enviri's improved balance sheet and reduced
interest expense, we believe it will continue to generate positive
free cash flow on a consolidated basis, with free cash flow from
Harsco Environmental more than offsetting Harsco Rail. The
remainder of the rail business remains challenged, with weak demand
for original equipment manufacturer (OEM) orders (34% of revenue)
offset by resilient performance in aftermarket equipment (40% of
revenue). Thus, we don't expect the segment to generate materially
positive EBITDA until 2028."
Harsco Rail began generating negative EBITDA in first-quarter 2025;
it consumed about $54 million of cash in 2025 and $18 million in
first-quarter 2026. Weak profitability and negative free cash flow
result from the legacy contracts with Deutsche Bahn, Network Rail,
and SBB, which require significant overhead and have experienced
cost overruns due to cost inflation for materials and labor, supply
chain delays, bankruptcy of key vendors, and engineering
challenges. As of year-end 2025, the contracts with Deutsche Bahn,
Network Rail, and SBB were 56%, 68%, and 91% complete,
respectively, based on costs incurred compared with estimated costs
to complete.
Harsco Environmental benefits from diversification and supportive
contract structures. The business is characterized by its
concentrated exposure to the cyclical steel industry, global
footprint, and long-term contracts with high customer retention and
earnings visibility. Harsco Environmental is the largest provider
of onsite environmental services and material processing to the
global steel industry. Its core services, which include metal
recycling and slag optimization, scrap management, materials
handling and logistics, and meltshop and furnace services, are
niche, and nearly the entire segment is exposed solely to global
steel production.
However, within its peer group, Harsco Environmental is relatively
well diversified from a customer and geographic perspective. It
operates at approximately 120 sites in 30 countries, with about 50%
of its revenue coming from electric arc furnace operations and 50%
from integrated operations. It has moderate customer concentration,
with the top five customers accounting for 37% of revenue, and is
slightly over-indexed to regions where steel production remains
under pressure, with Europe representing 41% of revenue and North
America 22%, due to excess capacity from Asian imports. The breadth
of its operations mitigates the risk of nonrenewal at any given
site, and recent regulatory actions in Europe and the U.S. should
support its steel customers.
Harsco Environmental is indirectly exposed to volatile steel market
conditions and competition from imports through changes in steel
production levels. However, its contracts typically included fixed
fees or minimum billings. This provides an earnings floor and
ensures EBITDA is less volatile than that of its steel customers.
From 2021-2025, EBITDA remained at $170 million-$210 million.
Contracts do often contain variable fees linked to quantities of
metal produced or waste processed, so earnings are not completely
immune to fluctuations in steel pricing or customer cost position.
Average contract life of five to seven years provides earnings
visibility. S&P views Harsco Environmental's business model as
capital-intensive, as maintaining the cost profile at production
sites requires regularly deploying capital for equipment and
machinery upkeep. Unanticipated outages, maintenance expenses, or
limited labor availability can erode margins and decrease customer
production at its sites.
The stable outlook reflects S&P's view that reduced leverage, lower
cash interest expense, and relatively resilient performance in
Harsco Environmental will offset the negative EBITDA and free cash
flow drag from Harsco Rail, resulting in S&P Global
Ratings-adjusted leverage of 3x-4x and positive free cash flow on a
pro forma basis, excluding one-time transaction-related charges.
S&P could take a negative rating action on Enviri over the next
year if:
-- S&P does not expect the company to generate positive free
operating cash flow (FOCF); or
-- S&P Global Ratings-adjusted debt leverage exceeds 4x. This
could occur if steel production declines, Enviri is unable to renew
Harsco Environmental contracts at favorable rates as they come due,
or management is unable to derisk the ETO contracts and cost
overruns continue beyond our current expectations.
S&P could take a positive rating action on Enviri over the next
year if:
-- The company generates moderately positive FOCF on a sustained
basis;
-- It sustains S&P Global Ratings-adjusted leverage below 3x,
inclusive of acquisitions or shareholder returns; and
-- Management restructures existing ETO contracts in such a way
that S&P believes future cost overruns or unexpected developments
are unlikely.
NGUYEN WIN: Lender Seeks to Prohibit Cash Collateral Access
-----------------------------------------------------------
Golden Road Investment Trust 2A asks the U.S. Bankruptcy Court for
the Northern District of Oklahoma to prohibit Nguyen Win
Properties, LLC from using cash collateral.
Specifically, Golden Road seeks to prohibit the Debtor from using
rental income generated by a Tulsa, Oklahoma property that serves
as collateral for the lender's loan. The rents collected from the
property constitute cash collateral under 11 U.S.C. section 363 and
therefore cannot be used by the Debtor without either the lender's
consent or court authorization.
The Lender seeks to prohibit any further use of these rents, compel
the Debtor to turn over all collected rental payments to the
lender, and require the Debtor to provide adequate protection for
the lender's secured interest.
The Debtor previously executed a promissory note in favor of the
lender as part of a financing transaction. To secure repayment of
the debt, the Debtor also granted the lender a first-priority
mortgage lien and a recorded assignment of rents covering the real
property located at 3014 South 132nd East Avenue in Tulsa,
Oklahoma, legally described as Lot 37, Block 9, Eastpark Addition.
The collateral includes not only the real estate itself, but also
all buildings, improvements, fixtures, appurtenances, and related
rights associated with the property.
The Debtor is currently collecting rent payments from tenants
occupying the subject property.
In addition to prohibiting the use of rents, the Lender seeks
turnover or sequestration of all rental payments received by the
debtor. This would effectively require the Debtor either to deliver
all rental income directly to the lender or to segregate those
funds pending further order of the court.
The Lender also seeks adequate protection, a bankruptcy concept
intended to protect secured creditors from declines in the value of
their collateral during a bankruptcy proceeding.
A copy of the motion is available at https://urlcurt.com/u?l=yRD643
from PacerMonitor.com.
About Nguyen Win
Properties
Nguyen Win Properties LLC, based in Tulsa, Oklahoma, operates as a
residential real estate and property management company, holding
multiple single-family lots and subdivision properties across
Tulsa, Broken Arrow, Mounds, Porter, and Wagoner County. The
company's portfolio primarily consists of fee simple residential
properties, which it manages and offers for lease.
Nguyen Win Properties sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. N.D. Okla. Case No. 25-11795) on
November 24, 2025, with $27,160,442 in assets and $22,927,424 in
liabilities. Bao Quoc Mai Nguyen, manager/member, signed the
petition.
Paul R. Thomas oversees the case.
Ron D. Brown, Esq., at Brown Law Firm, PC represents the Debtor as
counsel.
Citibank, N.A., acting as trustee for CMLTI Asset Trust, is
represented by Linda St. Pierre, Esq. at McCalla Raymer Leibcrt
Pierce LLP.
NTI BUYER: S&P Assigns 'B+' Issuer Credit Rating, Outlook Stable
----------------------------------------------------------------
S&P Global Ratings assigned a 'B+' issuer credit rating to
U.S.-based digital infrastructure services provider NTI Buyer LLC
(dba Network Connex). At the same time, S&P assigned 'B+'
issue-level and '3' recovery ratings (50%-70%; rounded estimate:
60%) to the company's first-lien term loan, delayed-draw term loan,
and revolving credit facility.
S&P said, "The stable outlook reflects our expectation that the
company will maintain S&P Global Ratings-adjusted EBITDA margins
above 20% (absent transaction fees) and leverage below 4x over the
next 12 months. The outlook incorporates our expectations for a
meaningful increase in scale and earnings based on the company's
current backlog."
Olympus Partners, a private-equity sponsor, entered into a
definitive agreement to acquire U.S.-based digital infrastructure
services provider NTI Buyer LLC (dba Network Connex), funded with
debt and equity.
Network Connex is issuing a $750 million first-lien term loan due
2033, $75 million delayed-draw term loan due 2033 (undrawn at
close), and $100 million revolving credit facility due 2031
(undrawn at close) to fund the acquisition.
The leveraged buyout will result in S&P Global Ratings-adjusted
debt to EBITDA of 4.2x at transaction close with sustained
deleveraging through 2027.
S&P said, "We expect S&P Global Ratings-adjusted debt to EBITDA
will remain below 4.0x. Network Connex is issuing a new term loan
to the fund the leveraged buyout by its new sponsor, Olympus
Partners, in addition to an equity contribution. Olympus Partners
has agreed to acquire Network Connex from ORIX Capital Partners.
The company will fund the acquisition with the proceeds from the
new $750 million term loan alongside equity contributions from the
sponsor, the seller, and management.
"We expect the transaction will result in S&P Global
Ratings-adjusted debt to EBITDA (leverage) peaking at 4.2x and
declining to 3.5x by year-end 2026 with further deleveraging
through 2027 on sustained EBITDA growth, which we forecast of over
30%. We note estimated leverage in 2027 is strong for the rating
but incorporates potential for unexpected acquisitions or earnings
volatility.
"Under our forecast, we expect the company will execute its growth
strategy, supported by its contracted backlog and strong secular
tailwinds. We also expect the sponsor will maintain a prudent
financial policy such that credit metrics will remain comfortably
below 5x over the next couple of years. We assume about $50 million
in bolt-on acquisition annually as Network Connex utilizes its
delayed draw term loan, and no dividends."
Network Connex caters to the growing data center infrastructure
market. The company delivers essential electrical services that
facilitate the final transition of data center projects to an
operational state for hyperscalers and developers. It holds a
modest market share in a highly fragmented market, but with strong
growth prospects. S&P expects sustained demand for the company's
services due to the rapid expansion of AI and cloud computing
infrastructure, cyclical requirements for GPU upgrades, and
recurring data center maintenance.
NTI operates almost entirely under a fixed-price contract
structure, which we view as a risk due to potential cost overruns;
however, S&P believes the company's short project duration
(typically three to six months) and small average job size
(approximately $50,000), mitigates much of this risk. The company
exhibits long-tenured relationships with hyperscalers and large
data center developers, which speak to its solid position as a
provider of communications electrical services.
However, its niche services offering results in high customer
concentration, with the five hyperscalers accounting for more than
half of revenues. S&P sees this as an inherent risk within the
business model for digital infrastructure-focused service
providers, as it exacerbates reliance on customers' capital
expenditure budgets, pullbacks, delays, and other dynamics.
Network Connex generates approximately 30% of its revenue from its
materials procurement segment, which introduces both the risk of
revenue erosion should hyperscalers bypass the company to procure
materials directly, and the potential for substantial working
capital volatility.
S&P expects Network Connex to materially increase its scale in
2026, with growth moderating to a normalized run-rate in 2027 while
maintaining strong profitability. The company has rapidly expanded
since 2024, with revenue almost doubling in 2025 and continuing
through the first quarter of 2026. As of March 31, 2026, its
18-month backlog was $783 million, a 30% and 448% growth from
year-end 2025 and 2024, respectively, which S&P believes provides
good top-line visibility over the next one to two years.
S&P said, "We anticipate strong top line growth will persist
through 2026 and estimate full-year revenue growth of approximately
120%, moderating to the mid- to-high-single-digit percent area in
2027. We expect growth will largely be organic and supplemented by
bolt-on acquisitions." The company derives approximately 20% of
revenue from maintenance work through Master Services Agreements
(MSA), which is recurring in nature and enhances revenue
stability.
Focus on higher-margin electrical work in data centers strengthens
profit margins. Network Connex's strategic focus on electrical work
inside and outside data centers yields higher margins relative to
its legacy fiber-to-the-home work. In addition, the company's rapid
revenue base expansion now allows it to benefit from operating
leverage.
Its S&P Global Ratings-adjusted EBITDA margin increased to over 20%
in 2025, up from high single digits in 2024. S&P expects S&P Global
Ratings-adjusted margins to contract modestly in 2026 due to
nonrecurring transaction expenses and due diligence fees. Absent
these fees, EBITDA margins largely unchanged.
In 2027 and beyond, S&P expects the company's margin profile will
remain strong and expect only modest expansion as it realizes
operating leverage from its increased scale of operations. Network
Connex's strong margin profile benefits from the critical nature of
its work to the data center construction process and is at the
higher end of the average range within the engineering and
construction industry.
S&P said, "We expect healthy cash flow in 2027 and beyond. In 2026,
we expect large working capital outflows to fund outsized revenue
growth and transaction expenses to result in break-even free
operating cash flow (FOCF) despite higher earnings. We anticipate
sustained positive FOCF from 2027 onward, driven by normalized
working capital cycles, the roll-off of transaction-related costs,
and modest capital expenditure (capex). We expect S&P Global
Ratings-adjusted FOCF to debt to be break-even in 2026 before
increasing to the high-teens area in 2027.
"The stable outlook reflects our expectation that the company will
maintain S&P Global Ratings-adjusted EBITDA margins above 20%
(absent transaction fees) and leverage below 4x over the next 12
months. The outlook incorporates our expectations for a meaningful
increase in scale and earnings based on the company's current
backlog.
"We could lower our rating on Network Connex within the next 12
months if the company's S&P Global Ratings-adjusted debt to EBITDA
approaches 5x or FOCF to debt approaches 5%." This could occur if:
-- The company pursues significant debt-funded acquisitions or
dividends, indicating a shift toward a more aggressive financial
policy than S&P currently contemplates; or
-- The company's margin profile deteriorates below 20% as it
continues to scale the business, with limited prospects for
near-term improvement.
S&P said, "While unlikely, we could raise our ratings on Network
Connex if our view of the company's business risk strengthens,
mostly likely from a material increase in scale and diversification
of its service offerings. We would also expect the company to
maintain S&P Global Ratings-adjusted debt to EBITDA below 3x."
ORIGIN FOOD: Plan Exclusivity Period Extended to June 10
--------------------------------------------------------
Judge Laura T. Beyer of the U.S. Bankruptcy Court for the Western
District of North Carolina extended Origin Food Group, LLC's
exclusive periods to file a plan of reorganization and obtain
acceptance thereof to June 10 and July 30, 2026, respectively.
As shared by Troubled Company Reporter, the Debtor explains that
the reason for this third request is that the company is still
working to secure white knight exit financing. However, more
importantly, the Debtor is also still working to firm up its
financial projections based on commitments from customers and
vendors in anticipation of the delivery and installation of its new
Tetra Pak 4 Loop Ultra Filtration System (the "UF4 Loop") which is
expected to occur in July.
Moreover, the auction sale of certain of the Debtor's equipment
approved pursuant to the Court's Order Granting Motion for Approval
of Auction Marketing Agreement and to Sell Free and Clear of Any
Interest in Property entered on March 20, 2026, is set to close the
first week of June 2026, and the requested extension of time will
allow the Plan to fully capture and incorporate the results of the
auction as it relates to the auction sale proceeds.
Lastly, to the extent financially feasible, the Debtor will engage
a professional financial consultant to assist it in preparing the
Plan projections.
The Debtor submits that this request is made in good faith and not
for the purposes of delay, and that no party of interest will be
harmed by the granting of the extension requested herein.
Origin Food Group, LLC is represented by:
ESSEX RICHARDS, P.A.
John C. Woodman, Esq.
1701 South Boulevard
Charlotte, North Carolina 28203
Tel: (704) 377-4300
Fax: (704) 372-1357
E-mail: jwoodman@essexrichards.com
About Origin Food Group
Origin Food Group, LLC, sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. W.D.N.C. Case No. 25-50268) on Aug.
20, 2025. In the petition signed by Halil Ulukaya, president, the
Debtor disclosed up to $10 million in both assets and liabilities.
Judge Laura T. Beyer oversees the case.
John C. Woodman, Esq., at Essex Richards PA, is the Debtor's legal
counsel.
ORTHO MATTRESS: Case Summary & 20 Largest Unsecured Creditors
-------------------------------------------------------------
Debtor: Ortho Mattress Inc.
6301 Sepulveda Blvd.
Van Nuys, CA 91411
Business Description: Ortho Mattress manufactures and sells
mattresses through retail stores in Southern California. Founded
in 1957 in Gardena, California, the company also sells sleep-
related products including furniture, adjustable bases, pillows,
protectors, bed frames, foundations, and accessories. Ortho
Mattress handcrafts mattresses, makes its own innersprings, and
provides delivery, setup, and removal services. The company is
headquartered in Cerritos, California, and serves retail customers
as well as hospitality clients, including luxury, independent, and
boutique hotels.
Chapter 11 Petition Date: June 1, 2026
Court: United States Bankruptcy Court
Central District of California
Case No.: 26-11189
Judge: Hon. Victoria S Kaufman
Debtor's Counsel: Ron Bender, Esq.
LEVENE, NEALE, BENDER, YOO & GOLUBCHICK L.L.P.
2818 La Cienega Ave.
Los Angeles, CA 90034
Tel: (310) 229-1234
Fax: (310) 229-1244
E-mail: rb@lnbyg.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $10 million to $50 million
The petition was signed by David Fleischman as co-chief executive
officer and director.
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/7XQU5CY/Ortho_Mattress_Inc__cacbke-26-11189__0001.0.pdf?mcid=tGE4TAMA
OUTFRONT MEDIA: S&P Rates New $500MM Senior Unsecured Notes 'B+'
----------------------------------------------------------------
S&P Global Ratings assigned its 'B+' issue-level rating and '5'
recovery rating to Outfront Media Inc.'s proposed $500 million
senior unsecured notes due 2034, issued by subsidiaries Outfront
Media Capital LLC and Outfront Media Capital Corp. The '5' recovery
rating indicates its expectation for modest (10%-30%; rounded
estimate: 15%) recovery for lenders in the event of a payment
default.
Outfront plans to use proceeds from the proposed notes, along with
borrowings under its accounts receivable securitization facility
and cash on hand, to fully repay its existing 5% senior unsecured
notes due 2027 ($650 million outstanding).
S&P said, "Our 'BB-' issuer credit rating and stable ratings
outlook on Outfront remain unchanged because the proposed
transaction will not affect its net leverage. We continue to expect
Outfront's S&P Global Ratings-adjusted net leverage will decline to
about 5x in 2026 from 5.3x in 2025, with further improvement to
about 4.8x in 2027."
Issue Ratings--Recovery Analysis
Key analytical factors
-- Pro forma for the transaction, Outfront will be the borrower of
a $150 million priority accounts receivable securitization facility
maturing in 2027 (not rated), a $500 million senior secured
revolving credit facility maturing in 2030, a $500 million senior
secured term loan maturing in 2032, $450 million of 7.375% senior
secured notes due 2031, $500 million of 4.25% senior unsecured
notes due in 2029, $500 million of 4.625% senior unsecured notes
due in 2030, and $500 million of senior unsecured notes due in
2034.
-- Outfront Media Capital Corp. and Outfront Media Capital LLC are
coborrowers of the secured and unsecured debt.
-- The senior secured credit facility is secured by a
first-priority security interest in all tangible and intangible
assets, subject to 66% of the voting stock and 100% of the
nonvoting stock of first-tier foreign subsidiaries.
Simulated default assumptions
-- S&P's simulated default scenario considers a default in 2030
because of a significant decline in cash flow from a prolonged
economic downturn that reduces advertising spending, coupled with
increased competition from alternative media.
-- Other default assumptions include an 85% draw on the revolving
credit facility, a 60% draw on the accounts receivable
securitization facility, the spread on the revolving credit
facility increases to 5% as covenant amendments are obtained, and
all debt includes six months of prepetition interest.
-- S&P said, "We value Outfront on a going-concern basis using a
7.5x multiple of our projected emergence EBITDA, in line with other
outdoor advertisers we rate. We assume Outfront would reorganize in
the event of a default, given the importance of outdoor advertising
to advertisers' marketing mix and the company's strong market
position and long-term contracts with landlords and customers."
Simplified waterfall
-- EBITDA at emergence: About $255 million
-- EBITDA multiple: 7.5x
-- Gross recovery value: About $1.9 billion
-- Net recovery value (after 5% administrative expenses): About
$1.8 billion
-- Value available to senior secured debt (after priority claims):
About $1.7 billion
-- Estimated senior secured debt claims: About $1.4 billion
--Recovery expectation: 90%-100% (rounded estimate: 95%)
-- Value available to senior unsecured debt: About $300 million
-- Estimated senior unsecured debt: About $1.5 billion
--Recovery expectation: 10%-30% (rounded estimate: 15%)
PBF HOLDING: Fitch Rates Proposed Sr. Unsecured Notes 'BB'
----------------------------------------------------------
Fitch Ratings has assigned PBF Holding Company LLC's (PBFH)
proposed senior unsecured notes offering a 'BB' rating with a
recovery rating of 'RR4'. Net proceeds will be used to refinance
its senior notes due 2028.
Key factors impacting the rating include strong geographic
diversification, the completion of the Martinez rebuild, the cost
improvement program, and supportive near-term market conditions.
Offsetting factors include a relatively higher cost structure than
its peers, minimal non-refining diversification, and volatile
refining sector conditions.
The Stable Outlook reflects Fitch's expectation of improved
performance following the weaker years of 2024 and 2025.
Key Rating Drivers
Improving Macro Conditions: Fitch expects refining market
conditions to materially improve in 2026, providing key support to
PBFH's credit profile. Beneficial factors include widening
light-heavy differentials and the closure of major refineries (PSX
LAR and VLO Benicia) near PBFH's Torrance and Martinez refineries.
Fitch acknowledges the significant uncertainty in refining markets,
particularly considering the conflict in the Middle East, but views
any risks as shorter term.
Martinez Fire Impact: The February 2025 fire at the Martinez
Refinery had material negative impacts on cash flows in 2025. The
company projects that the refinery will once again be fully
operational in 2Q26. Fitch believes effective operation of Martinez
going forward is critical for the company to realize margin and
EBITDA improvements, supported by the strengthening California
market. Unallocated insurance proceeds provided a key support
through the reconstruction by funding capex and partially
offsetting lost cash flows.
Lagging Profitability, Potential Improvements: PBFH's refineries
have a higher cost structure compared to peers, which has
historically led to underperformance and larger cash flow deficits
during industry downturns, notably in 2020-2021 and 2024-2025. PBFH
has initiated the Refining Business Improvement plan with
management estimated run-rate savings of $230 million. The program,
in conjunction with favorable supply side dynamics, has the
potential to support margins during cyclical troughs. However,
margin deterioration relative to peers would have a detrimental
impact on the company's credit profile.
Geographic Diversification: While PBFH's refinery operations span
four of the five PADD regions, offering valuable geographic
diversification, the company is more exposed to volatility than
other refiners due to its lack of diversification outside the
refining sector. PBFH's geographic diversification provides access
to various market dynamics and crack spread indices. However, the
focus on refining heightens its exposure to market downturns
compared to refiners with a broader mix of countercyclical
businesses that can better weather industry downcycles.
Varied Capital Allocation: Fitch expects capex to decline somewhat
in 2026 from elevated levels in 2025 related to several turnarounds
as well as the Martinez refinery fire. PBF Energy is expected to
maintain stable dividends, supported by adequate funds generated by
PBF Logistics. Management has indicated that reducing leverage will
be prioritized over shareholder returns when the company observes
improved cash generation. Cash generated by PBF Logistics could
potentially be used to reduce debt at PBF Holding.
Impact of Regulatory Obligations: Fitch considers PBFH's
obligations related to RINs and California's cap-and-trade program
to be manageable in the near term. While refiners generally pass
RIN costs to consumers, this becomes difficult when prices spike
alongside demand reductions. PBFH aims for a RIN turnover cycle of
two to four months and benefits from purchasing RINs from the St.
Bernard JV. California's cap-and-trade costs are also typically
passed on to buyers. High barriers to entry and decreased supply in
California partially offset these regulatory costs.
Peer Analysis
PBFH has a nameplate throughput capacity of 1,023 mbbl/d, which
compares favorably to peers Delek US Holdings, Inc. (Delek;
B+/Stable) with 302 mbbl/d, Par Pacific Holdings, Inc, (B+/Stable
with 219 mbbl/d and CVR Energy, Inc. (CVR; B+/Stable) with 207
mbbl/d. PBFH's refining operations are geographically well
diversified with operations in PADDs I, II, III, and V. It lacks
non-refining diversification, although the company may receive
distributions from PBF Logistics LP and the St. Bernard JV under
certain conditions.
CVR's refining operation is concentrated in the mid-continent,
although this is offset by niche market exposure and
diversification through its non-recourse fertilizer business. Delek
has material non-refining diversification with its logistics
segment but is limited by its smaller size in more competitive
refining markets. PBFH has a higher cost structure than CVR, as
indicated by lower through-the-cycle EBITDA margins.
Investment-grade peers HF Sinclair Corporation (HF Sinclair;
BBB-/Stable) with 678 mbbl/d, Marathon Petroleum Corporation
(Marathon Petroleum; BBB/Stable) with 2,900 mbbl/d, and Valero
Energy Corporation (Valero; BBB/Stable) with 2,600 mbbl/d all
benefit from distinct credit profile advantages relative to PBFH.
Marathon Petroleum and Valero both operate at significantly larger
scale with higher levels of diversification than PBFH.
While HF Sinclair's size lags PBFH's, it benefits from diversified
non-refining businesses. PBFH has lower through-the-cycle EBITDA
margins relative to investment-grade peers, which reflects the
company's higher cost structure.
Fitch’s Key Rating-Case Assumptions
- West Texas Intermediate oil price of $65 in 2026, $58 in 2027,
and $57 over the long term;
- Gross refining margins recover through 2027 before declining to
five-year averages in outer years of forecast;
- Capex in line with company guidance;
- PBF Energy dividend maintained through forecast;
- Turnarounds as described in company guidance.
Corporate Rating Tool Inputs and Scores
Fitch scored the issuer as follows, using its Corporate Rating Tool
(CRT) to produce the Standalone Credit Profile (SCP):
- Business and financial profile factors (assessment, relative
importance): Management (bb-, Moderate), Sector Characteristics
(bb, Lower), Market and Competitive Positioning (bbb-, Higher),
Diversification and Asset Quality (b+, Moderate), Company
Operational Characteristics (bbb-, Moderate), Profitability (b+,
Higher), Financial Structure (bbb, Moderate), and Financial
Flexibility (bb+, Higher).
- Assessments of the quantitative financial subfactors include
bespoke calculations.
- The Governance assessment of 'Good' results in no adjustment.
- The Operating Environment assessment of 'aa-' results in no
adjustment.
- The SCP is 'bb'.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Declining refining margin profitability relative to peers;
- Through-the-cycle EBITDA leverage above 2.2x;
- Regulatory changes that decrease margins including RINs, tariffs
and other federal and state regulations.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Increased diversification through scale or non-refining
businesses (i.e., retail, chemicals, etc.);
- Materially improved refining margins relative to peers;
- Through-the-cycle EBITDA leverage below 1.7x.
Liquidity and Debt Structure
PBFH had $504 million in cash on hand as of March 31, 2026. Its
asset-based revolving credit facility of $3.5 billion had $750
million drawn. The company has senior unsecured notes that mature
in 2028 and 2030. Its revolving credit facility matures in 2028.
Issuer Profile
PBF Holding Company LLC owns and operates oil refineries and
related assets with a combined throughput capacity of 1,023,000
barrels per day. PBF Holding's refineries are geographically
diversified with refineries in PADD I, PADD II, PADD III, and PADD
V.
Date of Relevant Committee
05-Mar-2026
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Sector Forecasts Monitor
data file which aggregates key data points used in its credit
analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
Climate Vulnerability Signals
The 2025 revenue-weighted Climate.VS for PBFH for 2035 is 54 out of
100, slightly higher than that of its North American refining and
marketing peers. This elevated score reflects the company's
relative lack of diversification beyond refining, an industry
significantly exposed to energy transition.
Key transition risks arise from potential reductions in demand for
refined products due to policies aimed at reducing the use of oil
and gas in the global economy, and in the shorter term, from
policies intended to limit greenhouse gas emissions from
hydrocarbon consumption. Currently, these risks do not have a
material influence on PBFH's rating, given the long-term nature of
the transition, uncertainty about the extent and nature of the
changes, and positive offsets like PBFH's expanding investments in
renewable fuels.
PBFH has not yet publicly indicated any Scope 1, 2, or 3 reduction
goals outside of a general target of reducing Scope1 and 2
emissions through 2050. PBFH holds the right to purchase about 500
million RINs generated by the St. Bernard renewable JV at market
prices. The company also publishes a comprehensive ESG report
annually, providing relatively detailed emissions data.
ESG Considerations
PBFH has an ESG Relevance Score of '4' for Exposure to
Environmental Impacts due to the potential of operational
disruptions from extreme weather events, including PBFH's exposure
to hurricanes on the Gulf Coast through its Chalmette refinery,
which has a negative impact on the credit profile, and is relevant
to the ratings in conjunction with other factors.
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery
----------- ------ --------
PBF Holding Company LLC
senior unsecured LT BB New Rating RR4
PBF HOLDING: Moody's Rates New Senior Unsecured Notes 'B1'
----------------------------------------------------------
Moody's Ratings assigned a B1 rating to PBF Holding Company LLC's
(PBF) proposed senior unsecured notes. PBF's other ratings,
including its Ba3 Corporate Family Rating and existing B1 senior
unsecured notes ratings, and stable outlook remain unchanged.
PBF will use net proceeds from its proposed senior notes, along
with existing liquidity, to refinance its senior notes due 2028.
"PBF's refinancing transaction benefits the company's credit
profile by proactively extending debt maturities," commented
Jonathan Teitel, a Moody's Vice President and Senior Analyst.
RATINGS RATIONALE
PBF's senior unsecured notes are rated B1, one notch below the CFR,
reflecting their effective subordination to the secured ABL
revolver. Given the size of the revolver relative to the capital
structure, the notes ratings could face pressure if revolver
utilization exceeds expectations or if committed capacity is
expanded. The notes are not guaranteed by PBF Energy Inc. or PBF
Logistics LP.
PBF's Ba3 CFR reflects the scale and geographic diversification of
its refining system, balanced against the inherent cyclicality of
the refining sector and history of earnings volatility. The company
operates six refineries across the East Coast, Gulf Coast,
Mid-Continent, and West Coast, with aggregate capacity exceeding
one million barrels per day, providing broad exposure to multiple
end markets and mitigating single-region concentration risk.
However, PBF's east and west coast refineries, in particular, could
face risk to securing competitively priced crude oil while global
flow remains disrupted. Moody's expects operating performance to
improve meaningfully over the course of 2026, supported by wider
crack spreads reflecting product tightness, higher utilization as
refinery operations normalize, and ongoing cost reduction
initiatives. These factors are expected to drive a significant
recovery in EBITDA and support debt reduction. However, capital
spending will remain elevated, with turnarounds planned at five
refineries, and cash flow outcomes will depend in part on capital
requirements in fully restoring Martinez refinery operations, and
the timing and amount of additional insurance recoveries related to
the Martinez incident, which could affect the pace of debt
reduction.
PBF Logistics LP, an affiliate outside the credit group supporting
the rated notes, carries no debt and represents a potential source
of cash to support PBF Energy Inc.'s dividends or PBF's capital
requirements, providing modest additional financial flexibility.
PBF's SGL-3 rating reflects adequate liquidity. As of March 31,
2026, PBF held $504 million in cash and had over $1.9 billion of
borrowing availability under its $3.5 billion ABL revolving credit
facility, with $750 million of outstanding borrowings and $197
million in letters of credit. The revolver matures in August 2028.
The facility includes a springing minimum fixed charge coverage
ratio of 1.0x, triggered when excess availability falls below the
greater of (1) 10% of the lesser of the borrowing base and lender
commitments and (2) $100 million, a threshold which Moody's do not
expect to be breached. Following this refinancing transaction,
PBF's next senior notes maturity is 2030.
The stable outlook reflects Moody's expectations that wider margins
and higher throughput will support improved operating performance
and cash flow generation, enabling debt reduction and a rebuilding
of cash balances.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
Factors that could lead to an upgrade include sustained improvement
in operating performance; consistent generation of positive free
cash flow; and substantial debt reduction supporting maintenance of
lower leverage through the cycle. Conservative financial policies
are also important, including a pace of shareholder returns that
preserves substantial cash balances and strong liquidity across
market conditions.
Factors that could lead to a downgrade include a deterioration in
operating performance; negative free cash flow and increased debt;
or a weakening of liquidity. Aggressive financial policies such as
with respect to shareholder returns could also pressure ratings.
PBF, with headquarters in Parsippany, NJ, is a subsidiary of
publicly traded PBF Energy Inc. The company owns and operates six
petroleum refineries across the US. PBF Energy Inc. also owns PBF
Logistics LP, which primarily operates midstream infrastructure
supporting PBF's refining operations.
The principal methodology used in this rating was Refining and
Marketing published in February 2026.
PEARL CAPITAL: Case Summary & Two Unsecured Creditors
-----------------------------------------------------
Debtor: Pearl Capital Management, LLC
132 N. Brentwood Blvd.
Saint Louis MO 63105
Business Description: Pearl Capital is an investment holding
company that owns interests in multifamily real estate and
investment entities, including Ellis Apartments, LP, Helen
Louise Apartments, LP, and TD Zuelke Investment, LLC.
Chapter 11 Petition Date: June 1, 2026
Court: United States Bankruptcy Court
Eastern District of Missouri
Case No.: 26-42403
Judge: Hon. Bonnie L Clair
Debtor's Counsel: Robert Eggmann, Esq.
CARMODY MacDONALD P.C.
120 South Central Ave., Ste. 1800
Saint Louis MO 63105
Tel: (314) 854-8600
E-mail: ree@carmodymacdonald.com
Total Assets: $1,545,187
Total Liabilities: $14,340,663
The petition was signed by Jeffrey J. Tegethoff as authorized
representative.
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/H7UQEDY/Pearl_Capital_Management_LLC__moebke-26-42403__0001.0.pdf?mcid=tGE4TAMA
PERFORMANCE CONSULTING: Case Summary & 20 Top Unsecured Creditors
-----------------------------------------------------------------
Debtor: Performance Consulting, LLC
d/b/a Mainstream Heating & Cooling
f/d/b/a Cerprotech
1539 Ashland City Road
Suite A
Clarksville, TN 37040
Business Description: Performance Consulting, LLC, doing business
as MainStream Heating & Cooling, is a family-owned heating and
cooling company based in Clarksville, Tennessee. Founded in 1995,
the company provides residential and commercial HVAC services
including heating, air conditioning, duct cleaning, furnace
services, geothermal installation, radiant floor heating, indoor
air quality, refrigeration service, and equipment repairs and
installations. It also offers HVAC-related products such as
humidifiers, mini split systems, packaged systems, split systems,
thermostats, and home safety products. The company serves
Clarksville, Montgomery County, surrounding areas in Tennessee,
and Oak Grove, Kentucky.
Chapter 11 Petition Date: May 29, 2026
Court: United States Bankruptcy Court
Middle District of Tennessee
Case No.: 26-02570
Judge: Hon. Charles M Walker
Debtor's Counsel: Jay R. Lefkovitz, Esq.
LEFKOVITZ & LEFKOVITZ, PLLC
908 Harpeth Valley Place
Nashville, TN 37221
Tel: 615-256-8300
Fax: 615-255-4516
Email: jlefkovitz@lefkovitz.com
Total Assets: $541,402
Total Liabilities: $9,880,980
The petition was signed by Daryl Pater as chief manager.
A full-text copy of the petition, which includes a list of the
Debtor's 20 largest unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/WPB4HIQ/PERFORMANCE_CONSULTING_LLC__tnmbke-26-02570__0001.0.pdf?mcid=tGE4TAMA
PHOENIX PRIDE: Seeks Chapter 11 Bankruptcy in Arizona
-----------------------------------------------------
Kevin Stone of KTAR News reports that Arizona-based nonprofit
Phoenix Pride has entered Chapter 11 bankruptcy, seeking to
reorganize its debts while continuing to serve the LGBTQ+
community. The organization said the filing follows years of
increasing financial pressure and reflects the need for a
structured path toward stability.
Board members pointed to higher operating costs, economic
uncertainty, reduced sponsorship opportunities, fundraising
challenges, and growing demands on nonprofit services as key
factors behind the decision. They described the move as necessary
to preserve the organization’s long-term future and ongoing
operations, the report relays.
Phoenix Pride traces its roots to the city’s first Pride march in
1981 and has since grown into one of the region’s most prominent
LGBTQ+ organizations. The nonprofit said it remains committed to
hosting its flagship events and continuing its mission throughout
the restructuring process, according to report.
About Phoenix Pride
Phoenix Pride is a nonprofit organization that serves Arizona's
LGBTQ+ community through advocacy, education, and large-scale
cultural events. Founded by community volunteers, the organization
traces its roots to Phoenix’s first Pride march and has become a
leading force for LGBTQ+ visibility and engagement in the state.
Phoenix Pride sought relief under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. D. Del. Case No. 26-05375) on May 28, 2026. In its
petition, the Debtor reports estimated assets up to $50,000 and
estimated liabilities between $100,000 and $500,000.
Honorable Bankruptcy Judge Madeleine C. Wanslee handles the case.
The Debtor is represented by Joann Falgout, Esq. of Davis Miles,
PLLC.
PHOENIX RISING: Case Summary & 20 Largest Unsecured Creditors
-------------------------------------------------------------
Debtor: Phoenix Rising, LLC
111 Weber Avenue
Leesburg, FL 34748
Business Description: Phoenix Rising LLC provides design,
fabrication, and installation services for themed and scenic
environments. The company's capabilities include 3-D modeling,
digital and physical prototyping, mockup production, CNC
machining, and fabrication using metals, plastics, and wood
products. Founded by David Rogers in 1990, Phoenix Rising LLC is
based in Leesburg, Florida, and serves contexts including museums,
retail, trade shows, theme parks, corporate theming, and
curvilinear projection screens.
Chapter 11 Petition Date: May 29, 2026
Court: United States Bankruptcy Court
Middle District of Florida
Case No.: 26-03978
Debtor's Counsel: Jeffrey S. Ainsworth, Esq.
BRANSON AINSWORTH PLLC
1501 E. Concord Street
Orlando, FL 32803
Tel: 407-894-6734
E-mail: jeff@bransonlaw.com
Total Assets: $123,303
Total Liabilities: $1,233,904
The petition was signed by David Hugh Rogers s managing 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/VW3EWEQ/Phoenix_Rising_LLC__flmbke-26-03978__0001.0.pdf?mcid=tGE4TAMA
PLUTUS PROPERTIES: Case Summary & Four Unsecured Creditors
----------------------------------------------------------
Debtor: Plutus properties LLC
1801 Eagles Glen Cv
Austin, TX 78732-2093
Business Description: Plutus Properties LLC is an Austin, Texas-
based real estate company that owns and
manages residential rental properties.
Chapter 11 Petition Date: June 1, 2026
Court: United States Bankruptcy Court
Western District of Texas
Case No.: 26-11052
Judge: Hon. Christopher G Bradley
Debtor's Counsel: Frank B Lyon, Esq.
FRANK B LYON
PO Box 50210
Austin TX 78763-0210
Tel: (512) 345-8964
E-mail: frank@franklyon.com
Estimated Assets: $10 million to $50 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Matthew Perez as managing member.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/M2GQ4LY/Plutus_properties_LLC__txwbke-26-11052__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's Four Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Estate of Eugene Bouligny Deed of Trust $50,000
PO Box 6431
Corpus Christi, TX 78466-6432
2. Triton Recovery LLC $15,850
3111 N University Dr Ste 702
Coral Springs, FL 33065-5060
3. Simmons Bank Deed of Trust $7,871
PO Box Box 8012
Little Rock, AR 72203
4. Vista Point HOA HOA Lien $7,000
c/o Niemann Law
1122 Colorado St 313
Austin, TX 78701
POINCIANA PERSONAL: Gets OK to Use Cash Collateral Until July 22
----------------------------------------------------------------
Poinciana Personal Care and Companion Services Corp. received
another extension from the U.S. Bankruptcy Court for the Middle
District of Florida to use cash collateral to fund operations.
The court on June 3 entered a third preliminary order extending the
Debtor's interim use of cash collateral from May 27 to July 22.
Under the order, the Debtor is authorized to use cash collateral
for court-approved expenses, including quarterly fees payable to
the U.S. Trustee, and for operating expenses contained in an
approved budget. The debtor is permitted a 10% variance on each
budget line item and may seek additional expenditures with written
approval from senor creditor, Newtek Bank, N.A.
As adequate protection, Newtek will receive a replacement lien on
its cash collateral, with the same validity, extent, and priority
as its pre-petition lien, without requiring additional filings.
Additional safeguards include insurance coverage on the collateral
in accordance with obligations under the Debtor's loan and security
agreements with the senior creditor.
The interim order preserves all parties' rights to make future
requests for additional protection, restrictions on cash collateral
use, or other remedies.
The order is available at
http://bankrupt.com/misc/Poinciana_3ICCOrder.pdf
A continued preliminary hearing is scheduled for July 22.
About Personal Care and Companion Services Corp.
Poinciana Personal Care and Companion Services Corp is a
Florida-based home health care provider headquartered in Kissimmee,
Florida, offering personal care and companion services to
individuals in residential settings. The company provides
non-medical assistance with activities of daily living as well as
supportive care services designed to help clients maintain
independence at home. Incorporated in 2021, it operates as a
for-profit corporation serving clients within the state of
Florida.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Case No. 26-01350) on Feb. 27,
2026, with $148,523 in assets and $2,052,845 in liabilities. Hector
Rodriguez, president and director, signed the petition.
Judge Tiffany P. Geyer presides over the case.
Juan Burgos, Esq., at the Law Offices of Juan C. Burgos, P.L.
represents the Debtor as bankruptcy counsel.
L. Todd Budgen, Esq., a practicing attorney in Longwood, Fla.,
serves as Subchapter V
trustee for the Debtor.
PRINTED MINT: Seeks to Hire Guidant Law PLC as Bankruptcy Counsel
-----------------------------------------------------------------
Printed Mint LLC seeks approval from the U.S. Bankruptcy Court for
the District of Arizona to hire Guidant Law, PLC as bankruptcy
counsel.
The professional legal services Guidant shall render include,
without limitation, legal advice and assistance with respect to the
Debtor's Chapter 11 proceedings and reorganization.
Guidant's fees are as follows:
Attorneys $375 to $575 per hour
Paralegals $125 to $195 per hour
Paralegal Assistants $80 to $125 per hour
As disclosed in the court filings, Guidant Law, PLC is a
"disinterested person" within the meaning of 11 U.S.C. Sec.
101(14).
The firm can be reached through:
D. Lamar Hawkins, Esq.
Karen Bentley, Esq.
GUIDANT LAW, PLC
4320 E. Presidio Street, Suite 101
Mesa, AZ 85215
Phone: (602) 888-9229
About Printed Mint LLC
Printed Mint LLC provides print-on-demand, branded drop-shipping,
fulfillment and white-label customization services for e-commerce
businesses. The company produces, packages and ships customizable
products, including accessories, apparel, drinkware, home and
living products, pet accessories and pet apparel, using print
technologies such as dye sublimation, latex printing,
direct-to-garment printing and decal transfer. Printed Mint serves
brands, creators, retailers, entrepreneurs and other product-based
businesses.
Printed Mint LLC filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. D. Ariz. Case No.
26-04939) on May 19, 2026, listing $829,358 in assets and
$7,253,873 in liabilities. The petition was signed by Christopher J
Ellis as manager.
Judge Eddward P. Ballinger Jr presides over the case.
Lamar Hawkins, Esq. at GUIDANT LAW PLC serves the Debtor as
counsel.
PSCD TRINITY: Gets Court OK to Use Cash Collateral
--------------------------------------------------
PSCD Trinity, LLC received approval from the U.S. Bankruptcy Court
for the District of Massachusetts to continue to use cash
collateral.
The court authorized the Debtor to use cash collateral on the same
terms and conditions as set forth in its collateral motion in
accordance with the approved budget to pay expenses incurred in the
ordinary course of business permitted by the budget through the
closing date.
PSCD Trinity filed for bankruptcy on December 8 to halt a scheduled
foreclosure by its lenders, Service Federal Credit Union and
Service Capital, which hold first and second mortgages securing
more than $51 million in debt. The filing followed loan maturity
defaults and a failed refinancing process. The Watermills property
is valued at approximately $76.2 million, providing substantial
equity, which the Debtor argues adequately protects the lenders'
interests.
Service Federal Credit Union and Service Capital, as lenders, are
represented by:
Nathan R. Fennessy, Esq.
PRETI FLAHERTY BELIVEAU & PACHIOS, PLLP
P.O. Box 1318
Concord, NH 03302-1318
(603) 410-1500
nfennessy@preti.com
About PSCD Trinity LLC
PSCD Trinity, LLC provides activities related to real estate,
including property management, real estate appraisal, and other
support services.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 25-12658) on December 8,
2025. In the petition signed by Mark D. Coppola, managing member,
the Debtor disclosed up to $100 million in both assets and
liabilities.
George W. Tetler, Esq. at PRINCE LOBEL TYE LLP, represents the
Debtor as legal counsel.
QUARTZ ACQUIRECO: Moody's Cuts CFR to B3, Alters Outlook to Stable
------------------------------------------------------------------
Moody's Ratings downgraded the ratings of Quartz AcquireCo, LLC
(Qualtrics) including its Corporate Family Rating to B3 from B1,
Probability of Default Rating to B3-PD from B1-PD, and its Senior
Secured Bank Credit Facility (Term Loan B-2) to B3 from B1. The
existing Senior Secured Revolving Credit Facility rated B1 has been
withdrawn. Concurrently, Moody's assigned B3 ratings to the
company's new Senior Secured Term Loan (Term Loan B-3) and new
Senior Secured Revolving Credit Facility. The outlook was changed
to stable from negative.
The company executed an amendment to its existing credit agreement,
which established the new Term Loan B-3 due 2033 and a new revolver
expiring 2031, replacing the previous revolver expiring in 2028.
Proceeds from the new Term Loan B-3, along with Class A Units of
Qualtrics' parent entity, a revolver draw and balance sheet cash,
were used to fund the purchase and related expenses of Press Ganey,
an Experience Management (XM) leader in the Healthcare vertical,
for $6.75 billion, which closed on May 18th, 2026.
The rating actions reflect Qualtrics' very high leverage post-close
and execution risk associated with integrating Press Ganey and
delivering the growth and margin expansion required to reduce
leverage. Governance considerations were a key driver of the rating
action given the significant increase in leverage as a result of
the transaction.
RATINGS RATIONALE
Qualtrics' B3 CFR reflects very high leverage and execution risk in
improving credit metrics following the Press Ganey acquisition
partially mitigated by the company's leadership in Customer (CX),
Employee (EX) and Patient (PX) Experience Management software and
good liquidity.
Qualtrics' pro-forma debt to EBITDA (Moody's calculation:
pre-unrealized synergies, and certain one-time expenses) was around
9x at closing of the Press Ganey acquisition and is expected to
remain high. Free cash flow, though expected to be positive, will
be impacted in the near-term by headwinds from integration costs,
transaction fees, and incremental interest expense. Profitability
improvements resulting from the elimination of duplicative costs,
workforce rationalization and investment in automation are expected
to be materially realized after 2026, driving leverage (Moody's
adjusted) towards 7x over the next two years. Moody's expects
mid-single digit revenue growth with increased customer usage and
cross-sell opportunities, driven in part by an AI-enabled product
suite.
Leverage reduction is dependent on significant EBITDA (Moody's
adjusted) margin expansion through 2028. While the company achieved
significant margin expansion following the 2023 take private
through workforce and vendor related cost savings, these actions
are complex and carry execution risk, and the associated benefits
may not be fully realized, may be prolonged, or could negatively
affect growth, as post-take-private revenue growth has been
approximately half of the high-teen figures initially projected.
The credit profile benefits from Qualtrics' position as one of the
largest providers of customer experience and employee experience
management software with particular strength in survey tools and
platforms to integrate feedback across chat, SMS, voice, email, and
social media channels. The company possesses decades of historical
data, that together with new AI-enabled technology, allow customers
to more effectively analyze and act on feedback to support
customer, employee and patient sentiment and retention. Though the
rapidly evolving AI landscape presents significant risks to
Qualtrics and most software companies, Qualtrics has been building
AI capabilities into its products and early attach rates are
promising.
The acquisition of Press Ganey Forsta positions Qualtrics as a
leader in the patient experience management Healthcare vertical,
one of the company's fastest growing end-markets. Demand in the
segment comes in part from regulated PX surveys required by
Medicare/Medicaid for patient reimbursement which provides steady,
recurring revenue. The combined company benefits from Press Ganey's
expertise, longstanding healthcare provider relationships, and rich
data assets, which, when integrated with Qualtrics' infrastructure
and AI capabilities, provide an opportunity to gain market share.
The stable outlook reflects Moody's expectations that the company
will generate mid-single-digit revenue growth with modest EBITDA
margin expansion over the next 12-18 months, resulting in credit
metrics commensurate with the B3 CFR, including leverage (Moody's
adjusted) of below 8x and free-cash-flow to debt in the low-single
digit percentage.
Liquidity is good, supported by an estimated $110 million of cash
at close of the Press Ganey transaction, and Moody's expectations
for annual free cash flow to debt in the low single digits and
rising, post-close. The inflection to positive cash flow following
the final RSU payments in 2026 provides increased financial
flexibility that supports the credit profile. The company has
access to a new Senior Secured Revolving Credit Facility expiring
in 2031(estimated around $400 million available at close of the
Press Ganey acquisition). The company is subject to a 10x
first-lien net leverage test when the revolver draw is greater than
40% of commitment that Moody's do not expect to be tested.
STRUCTURAL CONSIDERATIONS
The existing and new Senior Secured Bank Credit Facilities are
rated B3, the same as the Corporate Family Rating (CFR), as they
represent the preponderance of debt in the capital structure.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
Ratings could be upgraded if the company adopts more conservative
financial policies and demonstrates organic revenue and EBITDA
growth, such that debt/EBITDA (Moody's adjusted) is sustained below
6.5x and free cash flow to debt is sustained above 5%.
The ratings could be downgraded if anticipated revenue and EBITDA
growth is weaker than expected, resulting in debt/EBITDA (Moody's
adjusted) not on track to fall below 8x. Weakening liquidity, or
more aggressive financial policies would also result in downward
pressure on the ratings.
Qualtrics International Inc. is a provider of customer and employee
experience management software and services. Headquartered in
Provo, Utah, Qualtrics generated $2.9 billion of revenues in 2025
pro-forma for the Press Ganey Forsta acquisition. The company is
owned by private equity firm Silver Lake Partners, Canada Pension
Plan, and other co-investors.
The principal methodology used in these ratings was Software
published in December 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
QUOTEMEDIA INC: MNP LLP Raises Going Concern Doubt
--------------------------------------------------
QuoteMedia, Inc. filed its Annual Report on Form 10-K for the
fiscal year ended December 31, 2025 with the U.S. Securities and
Exchange Commission earlier this year. The audited report contains
a blunt warning: conditions exist that raise substantial doubt
about its ability to continue as a going concern.
Based on the financial statements, the Company reported a net loss
of $2,317,424 for the year ended December 31, 2025, compared with a
net loss of $1,327,037 for 2024. The Company generated revenue of
$20,253,917 in 2025, compared to revenue of $18,742,252 in 2024.
Going Concern
Mississauga, Canada-based MNP LLP, the Company's auditor since
2023, issued a "going concern" qualification in its report dated
April 7, 2026, attached to the Company's Annual Report for the
fiscal year ended December 31, 2025, citing that the Company has
incurred losses from operations resulting in an accumulated deficit
and does not have sufficient working capital which raises
substantial doubt about its ability to continue as a going
concern.
The Company has incurred losses since inception resulting in an
accumulated deficit of $23,505,303 and further losses are
anticipated in the development of its business. The Company does
not have sufficient cash to fund normal operations and meet debt
obligations for the next 12 months without deferring payment on
certain current liabilities and/or raising additional funds.
In order to continue to meet its fiscal obligations in the current
fiscal year and beyond, the Company may need to seek additional
financing. This raises substantial doubt about the Company's
ability to continue as a going concern. Its ability to continue as
a going concern is dependent upon the ability of the Company to
generate profitable operations in the future and/or to obtain the
necessary financing to meet its obligations and repay its
liabilities arising from normal business operations when they come
due.
A full text copy of the Company's Form 10-K is available at
http://tiny.cc/gw64101
About QuoteMedia, Inc.
QuoteMedia, Inc. (OTCQB: QMCI) is a provider of financial data,
market research information, analytics, news feeds, and financial
software solutions to online brokerages, banks, clearing firms,
financial service companies, media portals, and public
corporations. The Company is a sole source for a wide array of
market information and services, including streaming stock market
data feeds, research and analysis information, content
applications, portfolio management systems, software products,
corporate investor relations provisioning, news services, mobile
apps, and custom development. The Company's portfolio management
products are provided on a SaaS (software as a service) model, as
are its other interactive content and data APIs.
As of December 31, 2025, the Company had $5,773,230 in total
assets, $6,212,963 million in total current liabilities, $400,609
in total noncurrent liabilities, and $840,342 million in total
stockholders' deficit.
RAD DIVERSIFIED: Court OKs Idaho Property Sale at Auction
---------------------------------------------------------
The U.S. Bankruptcy Court for the Middle District of Florida, Tampa
Division, has granted RAD Diversified REIT, Inc. and its
affiliates, to sell Property at auction, free and clear of liens,
claims, interests, and encumbrances.
The Debtor's Property is located at 1611 West Sales Yard Road
Emmett, Idaho.
The Property is currently occupied pursuant to an oral agreement by
7 Rivers Livestock Commission, LLC and 7 Rivers Auction House LLC,
which are affiliates of the Debtor. Occupants are not paying rent
to the Debtor.
7 Rivers Livestock Commission, LLC is licensed by the Idaho
Department of Agriculture to operate a livestock auction on the
premises. Because Occupants’ livestock business is not
profitable, the Occupants have ceased operations.
The Property consists of 11.89 acres, improved with a feed barn and
certain other improvements, as reflect on the property card from
the Gem County Property Assessor.
The Debtor, through SoldNow, LLC dba Tranzon Driggers, is
authorized to sell the Property pursuant to the procedures set
forth in the Motion and on the terms and conditions set forth in
the Auction Application.
All Encumbrances that are not paid at closing, if any, shall attach
to the proceeds of the sale of the Property with the same extent,
validity, and priority as existed on the Petition Date.
This Order shall be immediately enforceable and any stay imposed by
the Bankruptcy Code or Bankruptcy Rules is waived.
About RAD Diversified REIT Inc
RAD Diversified REIT, Inc are a group of entities engaged in
acquiring, managing, renovating, repositioning, and operating real
estate, primarily single-family residential properties and vacant
lots across Florida, Pennsylvania, Texas, and New Jersey, with
certain affiliates holding other types of real estate. RAD
Diversified OZ Fund, LP, a Delaware limited partnership, focuses on
investments in Qualified Opportunity Zone properties, while RAD
Diversified REIT, Inc., a Maryland corporation, is structured to
qualify as a real estate investment trust under U.S. tax law.
The Debtors sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. M.D. Fla. Lead Case No. 26-01636) on March
1, 2026. In the petition signed by Katie S. Goodman, chief
restructuring officer, the Debtor disclosed up to $100 million in
both assets and liabilities.
Judge Catherine Peek Mcewen oversees the case.
Joseph Pack, Esq. and Jessey J. Krehl, Esq at PACK LAW, represents
the Debtor as legal counsel.
The Debtors tapped KAPILAMUKAMAL, LLP as forensic accountant,
financial analyst and financial advisor, EPIQ CORPORATE
RESTRUCTURING, LLC as noticing and claims agent, and GGG PARTNERS,
LLC as operations advisor.
RAISING CANE'S: Fitch Affirms 'BB-' LongTerm IDR, Outlook Stable
----------------------------------------------------------------
Fitch Ratings has affirmed Raising Cane's Restaurants, LLC's
Long-Term Issuer Default Rating (IDR) at 'BB-'. Fitch also affirmed
the company's senior secured Term Loan B facilities due 2031 and
2032 at 'BB+' with a Recovery Rating of 'RR1'. Fitch has assigned a
'BB+'/'RR1' rating to the new senior secured Term Loan B due 2033.
The Rating Outlook is Stable.
The ratings reflect Raising Cane's solid competitive position in
the quick-service restaurant (QSR) sector, supported by its focused
menu, strong brand identity and national expansion. Expansion of
systemwide units and strong average unit volume support revenue
growth.
The ratings are constrained by Rasing Cane's single-brand
concentration, meaningful FCF deficits and rising debt from
expansion investments and member distributions. Fitch expects
EBITDAR leverage to approach the mid-4x range in 2026 amid
continued consumer and macroeconomic pressures, before improving
toward the low-4x range in 2027 and thereafter as the business
continues to scale.
Key Rating Drivers
Streamlined Durable Model, Strong Execution: Fitch views Raising
Cane's streamlined operating model, centered on chicken fingers and
a limited menu, as a key factor in reducing operational
complexities and supporting efficient service at competitive
prices. The QSR model has demonstrated resilience across economic
cycles, benefiting from increased consumer spending during periods
of economic strength.
Raising Cane's is well-positioned within the growing chicken
segment, which has expanded at a mid-single-digit rate over the
past decade and is likely to continue outpacing the broader QSR
category. Fitch believes the company's proven brand concept and
strong portability will support further unit expansion and EBITDA
scale. The company's single-brand concept with narrow consumer
appeal leaves it more vulnerable to brand-specific downturns or
changes in consumer trends.
Healthy System, Softening SRS: Raising Cane's has historically
benefited from a value proposition that Fitch believes has
resonated with consumers, supporting a long track record of
positive same restaurant sales (SRS) growth averaging around the
high-single-digit range over the past decade. Trends have softened
since 2Q25 as pressured consumer spending and broader macroeconomic
challenges weighed on traffic. While recent sales performance has
moderated, the company's average unit volumes (AUVs) remain healthy
at more than double the QSR industry average. These factors
continue to reflect solid brand positioning and management's
disciplined approach to site selection and unit development.
Fitch expects consumer and macroeconomic pressures to persist in
2026, particularly as the company maintains a prudent pricing
approach in a highly competitive and value-conscious consumer
environment. As a result, Fitch expects growth to moderate to the
mid-single-digit range in 2026, driven primarily by
high-single-digit unit growth rather than same-store sales. Despite
these near-term headwinds, Fitch expects Raising Cane's to remain
focused on unit expansion, including opening approximately 80
company-owned restaurants annually.
Sizable Growth, Significant FCF Deficit: Fitch expects material FCF
deficits annually over the next three years as Raising Cane's
continues to grow its company-owned stores at a high-single-digit
rate on a current base of 1,004 units over the next five years,
with capex materially above historical levels. Member distributions
should rise as EBITDA grows, with payout rates consistent with
historical levels. Any operational missteps could further widen FCF
deficits and elevate credit risk. This could be mitigated by
pulling back on unit expansion or member distributions to preserve
liquidity and manage leverage.
Margins Moderating in 2026: Fitch expects EBITDA margins to
moderate towards the mid-teens in 2026 due to a more cautious
pricing strategy, higher marketing spend and rising food and labor
costs. New unit openings and other growth investments may also
weigh on margins. This follows strong 2025 performance, with
revenue growth above 10% and EBITDA margins in the high teens.
Margins should recover toward recent historical levels, thereafter,
supported by healthy unit economics and scale benefits.
Leverage Expectations: Raising Cane's founder, Todd Graves,
controls decision making for the company through his roughly 90%
ownership stake. The company has a strong track record, and Fitch
believes it will continue to allocate capital to investing in the
business and returning value to shareholders through member
distributions while maintaining long-term leverage within its
stated EBITDAR leverage target of 3x to 4x. This equates to
approximately 3.5x to 4.5x on Fitch-calculated EBITDAR leverage.
Fitch expects EBITDAR leverage to approach 4.5x exiting 2026, which
is at the upper end of Fitch's rating sensitivities, and decline
towards the low-4x from 2027.
Peer Analysis
Raising Cane's 'BB-' IDR is lower than Darden Restaurants, Inc.'s
(Darden; BBB/Stable) due to its smaller scale, single-brand
business model, and significant FCF deficits, which result in
weaker credit metrics. Darden is one of the largest full-service
restaurant companies in the U.S., with more than 2,100 restaurants,
a diversified brand portfolio, revenue exceeding $12.5 billion,
strong FCF generation and liquidity, a disciplined financial
policy, and a proven ability to outperform the broader casual
dining segment.
Although a moderation in discretionary consumer spending could
pressure Darden's operating performance, Fitch believes its EBITDAR
leverage in the mid-2x range provides sufficient headroom at the
current rating level. Relative to Darden, Raising Cane's
significant FCF deficits, higher leverage, and single-brand
concentration weigh on its credit profile.
Fitch’s Key Rating-Case Assumptions
- Revenue is expected to grow in the mid-teen percentage range in
2025, mainly driven by the opening of approximately 85 new
restaurants and low-single digit SRS growth. For 2026, Fitch
assumes an additional 85 net new openings and low-single digit SRS
growth, which would result in revenue growing high-single digit;
- Fitch expects EBITDA margins, including restaurant opening costs,
to sustain the high-teen range in 2025 and 2026, supported by
moderate chicken and wage costs, as well as higher operating
leverage as the company scale the business;
- New store openings, along with higher member distributions, are
expected to result in material FCF deficits over the forecast
period;
- EBITDAR leverage is expected to reach the high-3x range exiting
2025 and trend toward 4x in 2026;
- Raising Cane's has variable interest rate exposure through its
senior secured credit facilities, with base rate secured overnight
financing rate (SOFR) assumptions of around 4% in 2025 and 3.75% in
2026.
Corporate Rating Tool Inputs and Scores
Fitch scored the issuer as follows, using its Corporate Rating Tool
(CRT) to produce the Standalone Credit Profile (SCP):
Business and financial profile factors (assessment, relative
importance): management ('bbb-', Moderate), sector characteristics
('bbb+', Moderate), market and competitive positioning ('bbb-',
Moderate), diversification and asset quality ('b+', Moderate),
company operational characteristics ('bbb', Lower), profitability
('b-', Moderate), financial structure ('b+', Higher), and financial
flexibility ('bbb+', Moderate).
The quantitative financial subfactors are based on standard CRT
financial period parameters: 20% weight for the latest historical
year 2025, 40% for the forecast year 2026 and 40% for the forecast
year 2027.
The governance assessment of 'good' has no impact.
The operating environment assessment of 'aa-' has no impact.
The SCP is 'bb-'.
To derive the Long-Term IDR:
Fitch made no adjustments to the SCP, resulting in an IDR of
'BB-'.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- Weaker-than-expected topline growth and EBITDA contribution with
higher FCF deficits and/or more aggressive financial policy that
leads to EBITDAR leverage sustained above 4.5x.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- Continued unit growth and positive SRS that result in an
increased EBITDAR scale of at least $1 billion, with sustained
positive FCF (after member distributions) combined with an
articulated and/or demonstrated financial policy that results in
EBITDAR leverage sustained below 4.0x.
Liquidity and Debt Structure
As of March 31, 2026, Raising Cane's liquidity consisted of $45
million of unrestricted cash on its balance sheet and $930 million
of available capacity under its $1.2 billion revolving credit
facility (RCF). Pro forma for the May 2026 transaction, the
company's capital structure includes a $900 million secured term
loan A due in 2028, $2.2 billion of secured term loan B debt across
three tranches maturing between 2031 and 2033, and $159 million of
subordinated notes due between 2027 and 2028. The RCF balance was
paid down as part of the May transaction.
Overall, adequate liquidity and a balanced capital structure
provide the company with flexibility to meet near-term obligations
and support its expansion plans.
Issuer Profile
Raising Cane's Restaurants, LLC is a privately held U.S.
quick-service restaurant chain specializing in chicken finger
meals, operating and franchising over 1000 restaurants across the
U.S. and certain international markets. The majority of revenue is
generated from company-owned restaurants.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Sector Forecasts Monitor
data file which aggregates key data points used in its credit
analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
Climate Vulnerability Signals
The results of its Climate.VS screener did not indicate an elevated
risk for Raising Cane's Restaurants, LLC.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Raising Cane's
Restaurants, LLC LT IDR BB- Affirmed BB-
senior secured LT BB+ New Rating RR1
senior secured LT BB+ Affirmed RR1 BB+
RAISING CANE'S: Moody's Rates New $500MM First Lien Term Loan 'B1'
------------------------------------------------------------------
Moody's Ratings assigned a B1 rating to Raising Cane's Restaurants,
LLC's ("Raising Cane's") proposed $500 million backed senior
secured first lien term loan B due 2033. All other ratings,
including the B1 corporate family rating, the B1-PD probability of
default rating and the B1 ratings on the company's existing $500
million and the $1,250 million senior secured first lien term loans
B due 2031 and 2032 respectively, remain unchanged. The outlook
remains stable.
Proceeds of the proposed term loan will be used to repay in full an
expected outstanding revolving credit facility balance of
approximately $450 million, with the remainder added to cash on the
balance sheet after paying transaction fees and expenses. Pro forma
for the transaction, debt/EBITDA increases to 4.4x versus 4.2x
pre-transaction as of March 2026 while EBITA/interest expense
decreases to 2.6x versus 2.9x. Moody's expects Raising Cane's to
maintain credit metrics with debt/EBITDA of around 4.5x and
EBITA/Interest of around 2.5x over the next 12-18 months as growth
is supported by new units while same store sales are modestly
negative as the consumer environment remains challenging.
RATINGS RATIONALE
Raising Cane's B1 CFR reflects its narrow product offering,
relatively small number of system-wide restaurants and geographic
concentration in certain states in the US. The ratings also reflect
the company's adequate liquidity given its good operating cash flow
offset by the expectation that the revolving credit facility will
continue to be used to fund its capital spend and distributions to
the company's owner. The ratings benefit from the company's
historically very good operating performance in the
highly-competitive chicken QSR segment, its strong margin, solid
cash flow generation and its good brand awareness in core markets
as reflected by high average unit volumes.
The stable outlook reflects the expectation that Raising Cane's
will continue to generate solid operating performance and new
restaurant openings will be at a measured pace. The outlook also
reflects that Raising Cane's will maintain adequate liquidity as it
continues to spend on new store growth and funds shareholder
distributions.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
Factors that could result in an upgrade include sustained operating
performance and same-restaurant sales resulting in improved credit
metrics. Other factors include increased size, scale and geographic
diversification. Quantitatively, a higher rating would require
debt/EBITDA sustained under 4.5x and EBITA/interest expense above
2.5x. An upgrade would also require at least good liquidity and
positive free cash flow.
A downgrade could occur if operating performance sustainably
weakens, liquidity deteriorates, or if financial strategies become
more aggressive, such as leveraging the company to fund shareholder
distributions. Specifically, debt/EBITDA sustained above 5.25x or
EBITA/interest expense below 2.0x would be considerations for a
downgrade.
Raising Cane's Restaurants, LLC owns and operates 923 restaurants
and 81 franchises in 44 states in the US and five countries in the
Middle East under the brand name Raising Cane's. Revenue for the
twelve-month period ended March 31, 2026, was about $5.5 billion.
The company is majority owned by its founder.
The principal methodology used in this rating was Restaurants
published in September 2025.
RAVEN RHAPSODY: Case Summary & One Unsecured Creditor
-----------------------------------------------------
Debtor: Raven Rhapsody LLC
d/b/a Raven Rapsody LLC
4160 Main St.
Chincoteague Island, VA 23336
Business Description: Raven Rhapsody LLC is a Chincoteague Island,
Virginia-based real estate and hospitality company that owns a
historic inn and bed-and-breakfast property at 4160 Main St.
Chapter 11 Petition Date: June 1, 2026
Court: United States Bankruptcy Court
Eastern District of Virginia
Case No.: 26-71434
Debtor's Counsel: Carolyn Bedi, Esq.
BEDI LEGAL, P.C.
1305 Executive Blvd, Suite 110
Chesapeake, VA 23320
Tel: 757-222-5842
E-mail: carolyn@bedilegal.com
Total Assets: $1,401,300
Total Liabilities: $519,609
The petition was signed by Audra Swain as owner.
The Debtor listed Accomack County Treasurer, at 23296 Courthouse
Ave., Suite 105, Accomac, Virginia, as its only unsecured creditor,
holding an $8,544 claim related to property taxes.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/A5OG4QA/Raven_Rhapsody_LLC__vaebke-26-71434__0001.0.pdf?mcid=tGE4TAMA
RED LOBSTER: Shuts Down 2 Significant Locations After Ch. 11 Exit
-----------------------------------------------------------------
EmilyAnn Jackman of PennLive Patriot News reports that the seafood
restaurant sector continues to struggle with weakening sales and
changing consumer spending patterns. According to industry figures
reported by Nation's Restaurant News, seafood chains collectively
lost more than $500 million in sales during 2024. Red Lobster
played a major role in that decline, posting a 20.2% drop in
revenue as it navigated Chapter 11 bankruptcy proceedings and a
large-scale reduction of its restaurant network.
While the iconic seafood chain is working to rebuild its business
following its restructuring, recent closures underscore the
challenges that remain. On May 24, 2026, Red Lobster permanently
closed its North Monroe Street location in Tallahassee, Florida,
ending a 56-year run. The restaurant was one of the company's
oldest operating units and reflected the brand's early expansion
efforts during the 1970s, the report relays.
The Tallahassee shutdown came shortly after the closure of a Baton
Rouge, Louisiana, location in April. With only one Louisiana
restaurant remaining, Red Lobster's footprint continues to shrink.
The difficulties facing the company mirror broader challenges
across the seafood dining category, where brands including Joe's
Crab Shack and Bonefish Grill have also faced declining traffic and
restaurant closures, according to report.
About Red Lobster Seafood Co.
Red Lobster Management, LLC, owns and operates 705 Red Lobster
seafood restaurants throughout North America. Red Lobster generates
about $2.4 billion of annual revenue. Red Lobster is owned by
private equity firm Golden Gate Capital. On the Web:
http://www.redlobster.com/
Red Lobster Management and its affiliates sought Chapter 11
protection (Bankr. M.D. Fla. Lead Case No. 24-02486) on May 19,
2024. As part of these filings, Red Lobster has entered into a
stalking horse purchase agreement pursuant to which Red Lobster
will sell its business to an entity formed and controlled by its
existing term lenders.
King & Spalding LLP is lead counsel to the Debtors; Berger
Singerman LLP serves as local counsel; and Blake, Cassel & Graydon,
LLC, represents the Canadian applicants.
Alvarez & Marsal North America, LLC is serving as financial advisor
and providing corporate leadership as Chief Executive and Chief
Restructuring Officers. Jonathan Tibus, a Managing Director at
Alvarez & Marsal, serves as the debtors' CEO.
Hilco Corporate Finance is serving as M&A advisor to Red Lobster.
Keen-Summit is serving as real estate advisor.
The U.S. Trustee for Region 21 appointed an official committee to
represent unsecured creditors in the Debtor's Chapter 11 case. The
committee is represented by Pachulski Stang Ziehl & Jones, LLP.
RENTBERRY INC: Flags Going Concern Due to Expected Continued Losses
-------------------------------------------------------------------
Rentberry, Inc. filed its Annual Report on Form 1-K for the fiscal
year ended December 31, 2025 with the U.S. Securities and Exchange
Commission earlier this year. The audited report contains a blunt
warning: conditions exist that raise substantial doubt about its
ability to continue as a going concern.
For the fiscal year ended December 31, 2025, the Company had
revenue from operations of $1,722,578 compared to revenue from
operations of $819,365 for the fiscal year ended December 31, 2024.
The increase in revenue of $903,213 is primarily attributable to
the services that were offered to its customers. The Company's
revenue to date has largely come from testing various monetization
channels on the platform, and the increase represents wider usage
of its platforms.
The Company's total operating expenses were $6,483,156 for FYE 2025
compared with $4,761,802 for FYE 2024, a $1,721,354 increase. The
primary driver to this increase was a $2,081,434 increase in
information technology expenses, driven by continued development of
the Rentberry platform and functionality, partially offset by a
reduction in general and administrative expenses of $495,973.
Overall, the Company experienced a net loss of $4,772,469 for FYE
2025 compared to a net loss of $3,954,412 for FYE 2024.
Liquidity and Capital Resources
As at December 31, 2025 and December 31, 2024, the Company had
$7,784,998 and $1,904,654, respectively, in cash and cash
equivalents. The increase of $5,880,344 during FYE 2025 was due to
the Company having raised funds in FYE 2025 via a Regulation D
offering at higher levels than the fund raising by the Company in
2024. The Company believes current capital will be able to fund
operations for the next 24 months. The Company intends to use it
for the salaries for current employees to cover engineering and
business development, marketing, paying servers and Google (for
utilizing their Google Maps API). For the remainder of 2026, the
Company anticipates its average burn rate between $250,000-$300,000
per month.
Sources of Liquidity
The Company increased net cash used in operating activities to
($4,590,304) for FYE 2025 compared to ($3,568,824) for FYE 2024.
The main driver in the increase in net cash used in operating
activities was the increase in the Company's comprehensive net loss
for 2025 of 818,057, primarily driven by increased operating
expenses, particularly higher information technology expenses.
To date the Company has been financed by the proceeds of its
offerings of securities. From July 2023 to December 2025, the
Company raised $5,129,644 through a private placement under
Regulation D. The proceeds from the sale of securities were
allocated toward marketing, advertising, business development, and
salaries. In 2023, the Company conducted an offering of Crowd SAFEs
in reliance on Regulation Crowdfunding which terminated on November
15, 2023 and raised net proceeds of $1,928,633. The Company also
conducted an offering of its Common Stock in reliance on Regulation
Crowdfunding beginning November 15, 2022, and ending on February
14, 2023 during which it raised $240,577 in net proceeds. Also, the
Company conducted a Regulation A offering which terminated on
November 4, 2022, and raised gross proceeds of $11,800,591 from the
sale of Common Stock.
The Company intends to pursue additional capital raises in the near
future.
Going Concern
Since inception, the Company has relied primarily on the issuance
of securities to fund its operations. As of April 30, 2026, the
Company expects to continue incurring losses prior to generating
positive working capital. These matters raise substantial concern
about the Company's ability to continue as a going concern.
The Company is currently in an expansion phase and intends to enter
new business segments within the real estate sector. The Company's
ability to continue as a going concern is dependent on its ability
to grow its revenue and generate sufficient cash flows from
operations to meet its obligations and/or obtaining additional
financing from its shareholders or other sources, as may be
required. If the Company is unable to raise the required capital or
achieve profitable operations, it may not be able to fully execute
its planned business activities.
These factors represent significant risks and uncertainties and
raise substantial doubt about the Company's ability to continue as
a going concern. The Company is dependent on additional capital
resources for its planned principal operations and is subject to
significant risks and uncertainties, including failing to secure
funding to operationalize its planned operations or failing to
profitably operate the business.
A full text copy of the Company's Form 1-K is available at
http://tiny.cc/ux64101
About Rentberry Inc.
Rentberry Inc. is a technology Company transforming the long-term
rental industry through its end-to-end digital platform. The
Company's main platform, Rentberry, streamlines the entire rental
process, from property search and application to lease signing and
rent payments, offering a seamless experience for both tenants and
landlords.
As of December 31, 2025, the Company had $8,505,873 in total assets
and $8,505,873 in total stockholders' equity.
RESTORATION DOCTOR: Plan Exclusivity Period Extended to Aug. 19
---------------------------------------------------------------
Judge Scott M. Grossman of the U.S. Bankruptcy Court for the
Southern District of Florida extended Restoration Doctor, LLC's
exclusive periods to file a plan of reorganization and obtain
acceptance thereof to Aug. 19 and Oct. 18, 2026, respectively.
As shared by Troubled Company Reporter, since the Petition Date,
the Debtor has been hard at work laying the groundwork for a
successful reorganization. While much work remains, the Debtor has
made significant progress with respect to maximizing the value of
its assets and bringing this Chapter 11 Case to a conclusion.
* First, the Debtor has worked diligently to ensure that this
Chapter 11 Case is being managed efficiently and without
unnecessary costs, all in an effort to preserve value for all
stakeholders. To that end, after the commencement of this Chapter
11 Case, the Debtor has obtained three interim Orders on consent by
IAG granting them authorization for its continued use of cash
collateral that have provided the Debtor with the necessary runway
to execute a successful reorganization.
* Second, since the Petition Date, the Debtor has taken
various actions it believes will significantly enhance the value of
its estate going forward and/or resolve key issues, including,
among others: (i) authorizing on a final basis the continued use of
its cash management system;; (ii) retaining bankruptcy accountants
to facilitate this Chapter 11 Case; (iii) retaining CBIZ Inc., as
forensic accountants to analyze the accounts receivable, the
disputed claims of IAG, and Debtor's counter claims; (iv) timely
filing its monthly operating reports; and (iv) attendance and full
cooperation at the Initial Debtor Interview and Section 341(a)
Conference.
The Debtor asserts that an extension of the Exclusive Periods will
not prejudice the Debtor's stakeholders. On the contrary, the
Debtor filed this Chapter 11 Case in December, approximately three
months ago, and this is the Debtor's first request for extension of
the Exclusive Periods. While unresolved issues remain, with
additional time and absent the added confusion and disruption of
competing third-party plans, the Debtor will endeavor to resolve
all such issues and consummate a restructuring as contemplated
herein.
The Debtor further asserts that it is not pressuring its creditors
via the relief requested by this Motion, in fact, the Debtor will
call for interested parties to help shape a plan of reorganization
at the appropriate time. Currently, the Debtor is focusing on
maximizing value associated with the IAG Litigation. As such, the
Debtor has been pushing this Chapter 11 Case forward with one
ultimate goal: to maximize the value of the Debtor's estate for the
benefit of all stakeholders.
Restoration Doctor, LLC is represented by:
Peter E. Shapiro, Esq.
Shapiro Law LLC
8551 West Sunrise Boulevard, Suite 300
Plantation, FL 33322
Tel: (954) 315-1157
Email: pshapiro@shapirolawpa.com
-and-
Robert L. Rattet, Esq.
Davidoff Hutcher & Citron LLP
605 Third Avenue
New York, NY 10158
Tel: (212) 557-7200
E-mail: rlr@dhclegal.com
About Restoration Doctor
Restoration Doctor, LLC, is a property restoration company
providing water, fire, and mold remediation services to residential
and commercial clients. It specializes in restoring damaged
properties to their original condition.
Restoration Doctor filed for relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. S.D. Fla. Case No. 26-11388) on Dec. 22,
2025. The bankruptcy petition reflects estimated assets of $1
million to $10 million and estimated liabilities in the same
range.
The case is assigned to Judge Scott M. Grossman.
The Debtor is represented by Davidoff Hutcher & Citron, LLP.
REVI EXPRESS: Stephen Darr Named Subchapter V Trustee
-----------------------------------------------------
The U.S. Trustee for Region 1 appointed Stephen Darr of Huron
Consulting Group as Subchapter V trustee for Revi Express Inc.
Mr. Darr will be paid an hourly fee of $775 for his services as
Subchapter V trustee and will be reimbursed for work-related
expenses incurred.
Mr. Darr declared that he is a disinterested person according to
Section 101(14) of the Bankruptcy Code.
The Subchapter V trustee can be reached at:
Stephen Darr
Huron Consulting Group
265 Franklin Street, Suite 402
Boston MA 02110
Phone: (617) 226-5593
Email: sdarr@hcg.com
About Revi Express Inc.
Revi Express Inc. sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Mass. Case No. 26-40615) on May 26,
2026, with $50,001 to $100,000 in assets and $100,001 to $500,000
in liabilities.
Louis S. Robin, Esq. at the Law Offices Of Louis S. Robin
represents the Debtor as legal counsel.
REVOLVING KITCHEN: Case Summary & Six Unsecured Creditors
---------------------------------------------------------
Debtor: Revolving Kitchen - Dallas LLC
520 Shepherd Dr.
Garland, TX 75042
Business Description: Revolving Kitchen - Dallas LLC operates a
commercial kitchen and food-service facility in Garland, Texas,
providing licensed private kitchen suites, storage, equipment and
related services for ghost kitchens, caterers, meal-prep
businesses, food trucks and other food producers.
Chapter 11 Petition Date: May 31, 2026
Court: United States Bankruptcy Court
Northern District of Texas
Case No.: 26-42387
Judge: Hon. Edward L Morris
Debtor's Counsel: Robert T DeMarco, Esq.
DEMARCO MITCHELL, PLLC
500 N. Central Expressway Suite 500
Plano TX 75074
Tel: (972) 991-5591
E-mail: robert@demarcomitchell.com
Total Assets: $6,581,200
Total Liabilities: $10,532,033
The petition was signed by Tyler Sul Shin as managing member.
A full-text copy of the petition, which includes a list of the
Debtor's six unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/TTTSSCQ/Revolving_Kitchen_-_Dallas_LLC__txnbke-26-42387__0001.0.pdf?mcid=tGE4TAMA
RHINOGRAM INC: Gets Interim OK to Use Cash Collateral
-----------------------------------------------------
Rhinogram, Inc. received interim approval from the U.S. Bankruptcy
Court for the Eastern District of Tennessee, Southern Division, to
use cash collateral.
Under the order, the Debtor is authorized to use cash collateral
solely for the expenses identified in the budget, along with
reasonable and necessary professional fees subject to separate
court approval. Unless otherwise agreed to by creditors or
authorized by further court order, the Debtor may not make
disbursements outside the approved budget, and budgeted expenses
cannot exceed the authorized amounts by more than from 25% to 15%.
As adequate protection, the court found that secured creditors were
protected by the equity cushion in the Debtor's assets, including
equipment, fixtures, and patents. In addition, the dDbtor agreed to
make monthly payments of $731 to the U.S. Small Business
Administration beginning this month; maintain insurance coverage,
provide financial reporting upon request; and grant replacement
liens to secured creditors with the same validity and priority as
their pre-petition liens.
The interim relief remains effective through June 11.
The court scheduled a final hearing on the cash collateral motion
for June 11, at 9:00 a.m. in Chattanooga, Tennessee, and set June 9
as the deadline for objections.
A copy of the court's order and the Debtor's budget is available at
https://shorturl.at/DyZvZ from PacerMonitor.com.
About Rhinogram Inc.
Rhinogram, Inc., a company based in Chattanooga, Tennessee,
provides a cloud-based patient engagement and virtual care platform
that enables health-care providers, patients and office
administrators to communicate through HIPAA-compliant SMS/MMS
messaging, video interactions, encrypted phone calls, e-forms,
appointment reminders and contactless payment tools. Founded in
2017 by Dr. Keith Dressler, the company serves medical, dental,
behavioral health, community health, specialty care and
health-system customers, with its platform integrating with EHR and
practice-management systems to support patient communications and
clinical workflows.
Rhinogram sought protection under Chapter 11 of the U.S. Bankruptcy
Code (Bankr. E.D. Tenn. Case No. 26-111990 on May 5, 2026. In the
petition signed by Keith Dressler, chairman, the Debtor disclosed
up to $50,000 in assets and up to $50 million in liabilities.
Judge Nicholas W. Whittenburg oversees the case.
The Debtor is represented by W. Thomas Bible, Jr., Esq., at Tom
Bible Law.
RL ENTERPRISES: Unsecureds Will Get 2.63% of Claims over 3 Years
----------------------------------------------------------------
RL Enterprises, Inc. submitted an Amended Disclosure Statement
describing Plan of Reorganization dated May 22, 2026.
The Debtor owns eight parcels of real estate located in California.
The Debtor is engaged in the business of owning and renting its
properties. Currently the property located at 700 Paularino
consists of raw land.
The remaining seven parcels contain single family residences,
townhouses, or condominiums. All of the rental properties are
currently rented with the exception of the 2630 E. Omaha property,
which will be rented commencing July 1, 2026, and the 1116 N. 3rd
Street property, which is currently being marketed for rent.
All of the properties are insured and taxes are current on each
property, with the exception of the property taxes on 700
Paularino, which the Debtor anticipates will be paid upon closing
of a loan that the Debtor anticipates will close prior to the
Confirmation hearing regarding Plan #4. The Debtor was informed
that the loan would close no later than the first week of May, but
the lender required additional documentation which the Debtor has
provided. The Debtor has already signed the necessary loan
documents for this loan to close.
The Plan proposes to pay the various Lenders, in full (up to the
value of their collateral) over a period of between one and twenty
years using the rental income from the Tenants to pay note rate
interest, or refinancing when the mortgage markets become more
normal. Any shortages will be paid personally by the Debtor's
principal, Roman Libonao.
One creditor, Greg Wilde (who previously held a second position
lien on12582 Josephine, Unit E, Garden Grove, California 92841
before the foreclosure of that property) will be paid in full over
three years and will be provided a junior priority deed of trust on
the property located at 2630 E. Omaha after confirmation of the
Plan. Any Tenants with priority claims for deposits, if any, will
be paid 100% in the normal course of the Debtor's operation. The
Plan also provides for the 100% payment of all other administrative
claims, including fees payable to the Office of the United States
Trustee, and priority claims upon confirmation.
Class 12 consists of the allowed General Unsecured Claims against
the Debtor. Holders of Class 12 Allowed Claims shall be paid in
quarterly payments, commencing on the first day of the month after
the 6-month anniversary of the effective date, their pro rata share
of $50,000.00, which shall be paid from the equity infusion of
$50,000 made by Debtor's principal, Roman Libonao, as set forth in
this Plan. At the Debtor's Option, Debtor may pre-pay any payment
due without penalty.
Class 12 is an impaired class, and the holder of a Class 12 Allowed
Claim is entitled to vote to accept or reject the Plan. The allowed
unsecured claims total $1,897,548.77.
Unsecured creditors holding Allowed Claims will receive
distributions under the Plan, which the Debtor has valued at
approximately 2.63% of each unsecured creditor's Allowed Claim over
a three-year period. These funds will come from the Debtor's
principal, Roman Libonao, who will contribute $50,000.00 to the
Plan. All liens of unsecured creditors, if any, shall be stripped
upon confirmation of the Plan. The Plan also provides for the
payment of administrative and priority claims in full on the
effective date of the Plan, or as agreed by the holder of such
administrative or priority claim. All liens of any creditors to
which an objection to claim is sustained shall also be stripped
under the Plan.
If an objection to the Plan is lodged under Section 1129(a)(15) of
the Bankruptcy Code, the Debtor's Payments and distributions under
the Plan will be funded by the Debtor, based upon its (a) projected
monthly rental income (b) proceeds from the sale of real property,
at the Debtor's sole discretion, (c) refinance of the debtor's
property, and (d) contributions by the Debtor's principal Roman
Libonao, as necessary.
A full-text copy of the Amended Disclosure Statement dated May 22,
2026 is available at https://urlcurt.com/u?l=sPn380 from
PacerMonitor.com at no charge.
Proposed Attorneys for the Debtor:
Matthew L. Johnson, Esq.
Russell G. Gubler, Esq.
JOHNSON & GUBLER, P.C.
8831 West Sahara Ave.
Las Vegas, NV 89117
Tel: (702) 471-0065
Fax: (702) 471-0075
E-mail: mjohnson@mjohnsonlaw.com
About RL Enterprises
RL Enterprises, Inc., offers customized training programs that
generate results to improve employee skill sets. The company is
based in Costa Mesa, Calif.
RL Enterprises sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. D. Nev. Case No. 22-13254) on Sept. 11,
2022, with between $1 million and $10 million in both assets and
liabilities. Roman Libonao, president of RL Enterprises, signed the
petition.
Judge August B. Landis oversees the case.
The Debtor is represented by Matthew L. Johnson, and Russell G.
Gubler, at Johnson & Gubler, P.C.
SALT LAKE CITY DISTILLERY: Seeks Cash Access Until July 31
----------------------------------------------------------
Salt Lake Distillery, LLC d/b/a Dented Brick Distillery asks the
U.S. Bankruptcy Court for the District of Utah for authority to use
cash collateral and provide adequate protection, through July 31,
2026.
The Debtor previously obtained authority to use cash collateral
through a court order entered on November 21, 2025, and has
complied with all reporting and operational requirements
established under that prior order.
The Debtor notes that it previously filed a stipulated motion on
February 11, 2026, requesting approval of a budget and extension of
cash collateral usage through July 31, 2026, but no order was
entered on that earlier filing. At the direction of the court, the
Debtor has now renewed the request and formally seeks express
approval of the parties' stipulation and related budget.
The secured creditors have consented to the Debtor's ongoing use of
cash collateral and that the requested relief is fully negotiated
and agreed upon among the parties. The secured creditors include
Cache Valley Bank, Rotterdam Partners–Dented Brick Mezzanine
Debt, LLC, Headway Capital, LLC, and Doyle “Quin” Buchanan.
The proposed budget governs the Debtor's operations through July
31, 2026, and permits up to a ten percent variance in any budget
category.
Continued access to cash collateral is critical for maintaining
ordinary business operations, including payroll, inventory
purchases, utilities, insurance, regulatory compliance, and other
ongoing operating expenses necessary to preserve the distillery as
a going concern.
As adequate protection for the secured creditors, the Debtor
proposes continuing the protections previously approved under the
earlier cash collateral order. These protections include
replacement liens to compensate secured creditors for any
diminution in the value of their interests in the collateral
resulting from the Debtor’s use of cash collateral.
A copy of the motion is available at https://urlcurt.com/u?l=Imx9zB
from PacerMonitor.com.
About Salt Lake City Distillery
Salt Lake City Distillery, LLC, operating as Dented Brick
Distillery, is a Utah-based craft spirits producer located in Salt
Lake City. It specializes in manufacturing alcoholic beverages,
primarily focused on distilled spirits production.
Salt Lake City Distillery sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. D. Utah Case No. 25-23944) on July 10,
2025. In its petition, the Debtor reported up to $50,000 in assets
and between $1 million and $10 million in liabilities.
Judge Peggy Hunt handles the case.
The Debtor is represented by Steven M. Rogers, Esq. at Rogers &
Russell.
Cache Valley Bank, as secured creditor, is represented by Reid W.
Lambert, Esq. at Strong & Hanni, PC.
Rotterdam Partners, as secured creditor, is represented by Brian M.
Rothschild, Esq. and Darren Neilson, Esq.at Parsons Behle &
Latimer.
SAM'S DINER: Cash Collateral Hearing Set for June 24
----------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Ohio is set
to hold a hearing on June 24 to consider extending Sam's Diner of
Maumee, Inc.'s authority to use cash collateral.
The Debtor is currently authorized to use cash collateral pursuant
to the court's third interim order, which remains in effect through
June 30.
Under the third interim order, the Debtor is allowed to utilize the
cash collateral of secured creditors to pay its expenses based on
an approved budget.
As adequate protection, the interim order granted the U.S. Small
Business Administration and other secured creditors replacement
liens on post-petition assets, with the same priority as their
pre-petition liens. Additional safeguards include insurance
coverage on the creditors' collateral.
As of the petition date, the Debtor owed $345,220.47 on a $350,000
SBA loan obtained in May 2020. To secure the loan, the Debtor
granted the SBA a security interest in substantially all of its
personal property, including accounts and payment rights that may
constitute cash collateral.
About Sam's Diner of Maumee Inc.
Sam's Diner of Maumee, Inc. is a Maumee, Ohio-based dining company
specializing in American-style cuisine. The privately held diner
offers breakfast, lunch, and dinner to local patrons and travelers,
focusing on high-quality meals and customer satisfaction.
Sam's Diner of Maumee, Inc. sought relief under Subchapter V of
Chapter 11 of the U.S. Bankruptcy Code (Bankr. Case No. 26-30057)
on January 13, 2026, with $50,001 to $100,000 in assets and
$500,001 to $1 million in liabilities. Frederic P. Schwieg serves
as Subchapter V trustee for the Debtor.
Judge Mary Ann Whipple presides over the case.
Eric R. Neuman, Esq., represents the Debtor as legal counsel.
SILVER STAR PROPERTIES: Case Summary & 20 Top Unsecured Creditors
-----------------------------------------------------------------
Debtor: Silver Star Properties REIT, Inc.
Hartman Short Term Income Properties XX, Inc.
100 N. Forest Park Blvd., Suite 100
Fort Worth, TX 76102
Business Description: Silver Star Properties is a real estate
investment company which previously qualified as a Real Estate
Investment Trust (REIT). The company owns a commercial retail
property at 17211 North Freeway in Houston, a 0.709-acre retail
pad site.
Chapter 11 Petition Date: May 28, 2026
Court: United States Bankruptcy Court
Northern District of Texas
Case No.: 26-42316
Judge: Hon. Mark X Mullin
Debtor's Counsel: Robert T DeMarco, Esq.
DEMARCO MITCHELL, PLLC
500 N. Central Expressway Suite 500
Plano TX 75074
Tel: (972) 991-5591
E-mail: robert@demarcomitchell.com
Total Assets: $1,553,588
Total Liabilities: $74,996,073
The petition was signed by Gerald Haddock as chief executive
officer.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/AYRCIMY/Silver_Star_Properties_REIT_Inc__txnbke-26-42316__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Greyhawk Silver Star LLC Guaranty of $24,390,628
1001 East Sunset Road, Debt
Unit 1001
Las Vegas, NV 89119
2. HSRE-ADV VII LLC $17,000,000
444 West Lake Street, Suite 2100
Chicago, IL 60606
3. FBRED BDC Finance LLC $15,530,000
Attn: Micah Goodman,
General Counsel
1345 Avenue of The
Americas, Suite 32A
New York, NY 10105
4. Wells Fargo, NA, As Trustee $8,100,000
Argentic Services
Company LP As Special Servicer
500 North Central
Expressway, Suite 261
Plano, TX 75074
5. Saul Ewing, LLP $1,205,443
Po Box 825482
Philadelphia, PA 19182
6. Louis Fox Stock Purchase $1,000,000
958 Del Norte
Houston, TX 77018
7. Mark Torok Stock Purchase $1,000,000
11530 Meadow Lake Drive
Houston, TX 77007
8. Michaeljohn Kudlik Stock Purchase $1,000,000
22102 Rochester Drive
Katy, TX 77450
9. BGSF Professional LLC $652,145
Po Box Box 660282
Dallas, TX 75266
10. Goldman Sachs $439,661
2001 Ross Avenue, 31st Floor
Dallas, TX 75201
11. Paul, Weiss, Rifkind, Legal $359,859
Wharton, & Garriso, LLP
1285 Avenue Of The Americas
New York, NY 10019
12. Winston & Strawn, LLP Legal $225,325
35 W Wacker Drive
Chicago, IL 60601
13. Snell & Wilmer L.L.P. Legal $225,068
1 East Washington St.,
Suite 2700
Phoenix, AZ 85004
14. CBIZ CPAS P.C. $218,205
Po Box 95000-2288
Philadelphia, PA 19195
15. Alliance Advisors LLC $119,029
200 Broadacres Drive 3rd Floor
Bloomfield, NJ 07003
16. Taylor Law Firm Legal $100,000
6630 Colleyville Blvd., 200
Colleyville, TX 76034
17. Weisbart Springer Hayes LLP Legal $85,941
212 Lavaca Street, Suite 200
Austin, TX 78701
18. Norton Rose Fulbright US LLP Legal $81,048
1550 Lamar, Suite 2000
Houston, TX 77010
19. Phoenix American $78,401
Financial Services Inc
Po Box 2189
San Rafael, CA 94912
20. Vistra USA, LLC $72,052
5450 N Cumberland Ave,
Suite 100
Chicago, IL 60656
SKYE BIOSCIENCE: Holders Approve Authorized Share Increase to 300M
------------------------------------------------------------------
Skye Bioscience Inc. stockholders approved an amendment increasing
the company's authorized common shares to 300 million from 100
million, according to a Form 8-K filing with the Securities and
Exchange Commission.
The company filed the certificate of amendment with the Nevada
secretary of state May 28. Skye said the amendment did not change
issued and outstanding common shares and only affects shares that
may be issued in the future.
At the May 26 annual meeting, 23,529,424 shares were present or
represented by proxy, or 66.98% of issued and outstanding shares
entitled to vote.
Stockholders also elected six directors, ratified CBIZ CPAs P.C. as
the company's independent registered public accounting firm for
2026 and approved named executive officer compensation on an
advisory basis.
About Skye Bioscience
Skye Bioscience is a clinical-stage biopharmaceutical company
focused on developing therapeutics for metabolic health and related
disorders. The company's programs have included cannabinoid
receptor-targeted product candidates and clinical development work
in obesity and metabolic disease. Skye is headquartered in San
Diego, Calif.
In an audit report dated March 10, 2026, CBIZ CPAs P.C. included a
going concern paragraph stating that the Company has incurred
significant losses and needs to raise additional funds to meet its
obligations and sustain its operations. These conditions raise
substantial doubt about the company's ability to continue as a
going concern.
As of March 31, 2026, Skye Bioscience reported total assets of
$19.42 million, total liabilities of $10.4 million and
stockholders' equity of $9.01 million.
SKYSKOPES INC: Hires Brady Martz & Associates as Accountant
-----------------------------------------------------------
SkySkopes, Inc. seeks approval from the U.S. Bankruptcy Court for
the District of Arizona to hire Brady, Martz, & Associates, P.C. as
accountant.
The firm will assist with the preparation of SkySkopes' federal,
state, and, if applicable, local income tax returns with supporting
schedules, perform any bookkeeping necessary for preparation of the
income tax returns, and prepare tax basis depreciation schedules
when necessary for the years ending Dec. 31, 2024 and Dec. 31,
2025.
BradyMartz' fees will be based on its hourly rates from $200 per
hour for staff to $400 per hour for the principal/owner, primarily
for review and supervision, plus actual out-of-pocket expenses.
BradyMartz is a "disinterested person" within the meaning of 11
U.S.C. Sec. 101(14), according to court filings.
The firm can be reached through:
Brady Martz
Brady, Martz, & Associates, P.C.
207 E Broadway Avenue
P.O. Box 1297
Bismarck, ND 58502-1297
Phone: (701) 223-1717
Fax: (701) 222-0894
Email: info@bradymartz.com
About Lasen, Inc.
Lasen, Inc. sought protection under Chapter 11 of the Bankruptcy
Code (Bankr. D. Ariz. Case No. 2:25-bk-05316) on June 11, 2025.
At the time of the filing, Debtor had estimated assets of between
$1,000,001 and $10 million and liabilities of between $1,000,001
and $10 million.
Judge Brenda K. Martin oversees the case.
THE CAVANAGH LAW FIRM P.A. is Debtor's legal counsel.
SQUARE ONE: Seeks to Hire Century 21 S.G.R. as Exclusive Broker
---------------------------------------------------------------
Square One Preservation LLP seeks approval from the U.S. Bankruptcy
Court for the Northern District of Illinois to employ Jessica Hayes
and Century 21 S.G.R. Inc. as exclusive broker.
The broker will market and sell the firm's real properties known as
18790 Welch Way, Country Club Hills, IL 60478.
The firm will receive a commission in the amount of 5.5 percent of
the gross sales price.
Ms. Hayes assured the court that Century 21 S.G.R. Inc. is a
"disinterested person" within the meaning of 11 U.S.C. 101(14).
The broker can be reached through:
Jessica Hayes
Century 21 S.G.R. Inc.
1823 S Michigan Ave.
Chicago, IL 60616
Mobile: (872) 366-2320
Email: Jessicah.c21sgr@gmail.com
About Square One Preservation
Square One Preservation, LLP sought protection under Chapter 11 of
the U.S. Bankruptcy Code (Bankr. N.D. Ill. Case No. 24-16033) on
October 25, 2024, with $100,001 to $500,000 in both assets and
liabilities.
Judge Timothy A. Barnes presides over the case.
The Law Offices of Joel Schechter serves the Debtor as counsel.
SRRAF LLC: Case Summary & One Unsecured Creditor
------------------------------------------------
Debtor: SRRAF LLC
625 Sunningdale
Richardson, TX 75081
Business Description: SRRAF LLC, a real estate company based in
Richardson, Texas, owns property at 3318 W.
Buckingham Road in Garland, Texas.
Chapter 11 Petition Date: May 31, 2026
Court: United States Bankruptcy Court
Northern District of Texas
Case No.: 26-42391
Judge: Hon. Mark X Mullin
Debtor's Counsel: Robert T. DeMarco, Esq.
DEMARCO MITCHELL, PLLC
500 N. Central Expressway Suite 500
Plano, TX 75074
Tel: (972) 991-5591
E-mail: robert@demarcomitchell.com
Total Assets: $0
Total Liabilities: $1,725,371
The petition was signed by Md Tauhid Chaudhury as managing member.
The Debtor listed Davis Consulting Engineers LLC of Haslet, Texas,
as its only unsecured creditor, with a $10,000 vendor claim.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/6K4X3ZA/SRRAF_LLC__txnbke-26-42391__0001.0.pdf?mcid=tGE4TAMA
STEVEN MCCANLESS: Gets Interim OK to Use Cash Collateral
--------------------------------------------------------
Steven McCanless Trucking, Inc. got the green light from the U.S.
Bankruptcy Court for the Eastern District of Tennessee, Chattanooga
Division, to use cash collateral.
At the recently held hearing, the court authorized the Debtor's
interim use of cash collateral and set a further hearing for June
25.
One merchant cash advance lender may assert security interests in
substantially all of the Debtor's cash receivables and cash
collateral, even though the lender allegedly did not record UCC
financing statements in Tennessee. While the Debtor does not
concede the validity or enforceability of any such secured claim,
it acknowledges that the lender may contend that its receivables
and bank accounts constitute cash collateral under Section 363 of
the Bankruptcy Code.
As adequate protection for any creditor claiming an interest in
cash collateral, the Debtor offers granting replacement liens.
These replacement liens would mirror the same form, status, and
priority as any valid prepetition liens.
Steven McCanless Trucking has operated since 1987 and has become a
well-known hauling business throughout Middle and East Tennessee,
specializing in hauling rock, gravel, and related materials. Over
time, the Debtor expanded its operations across the state and
developed into a profitable transportation business. However, the
Debtor recently encountered serious financial distress caused by
internal family issues and operational setbacks, including damaged
and unusable trucks that contributed to financial losses and the
repossession of several vehicles. As a result, the Debtor filed for
Chapter 11 protection under the streamlined Subchapter V process,
with the goal of stabilizing operations, restructuring debt, and
preserving the business as a going concern.
About Steven McCanless Trucking Inc.
Steven McCanless Trucking, Inc. is a Tennessee-based freight
carrier that provides trucking and property transportation
services.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. E.D. Tenn. Case No. 26-11242) on May 8,
2026. In the petition signed by Steven Mccanless, chief executive
officer, the Debtor disclosed up to $10 million in both assets and
liabilities.
Judge Nicholas W. Whittenburg oversees the case.
Roy Michael Roman, Esq., at RMR LEGAL PLLC, represents the Debtor
as legal counsel.
STICKY NORTH: Seeks Chapter 7 Bankruptcy in South Carolina
----------------------------------------------------------
On May 25, 2026, Sticky North Creek LLC filed for Chapter 7
protection in the U.S. Bankruptcy Court for the District of South
Carolina. According to court filings, the Debtor reports between
$100,001 and $1 million in liabilities owed to 1-49 creditors.
About Sticky North Creek LLC
Sticky North Creek LLC is a South Carolina limited liability
company.
Sticky North Creek LLC sought relief under Chapter 7 of the U.S.
Bankruptcy Code (Bankr. Case No. 26-02323) on May 25, 2026. In its
petition, the Debtor reported estimated assets of $0-$100,000 and
estimated liabilities of $100,001-$1 million.
Honorable Bankruptcy Judge L. Jefferson Davis IV handles the case.
The Debtor is represented by Robert H. Cooper, Esq. of The Cooper
Law Firm.
STOKES & STOKES: Hires Edward Diehl of Remax Access as Realtor
--------------------------------------------------------------
Stokes & Stokes Properties filed an amended application seeking
approval from the U.S. Bankruptcy Court for the Eastern District of
Pennsylvania to hire Edward Diehl of Remax Access as realtor.
The Debtor seeks to employ and retain Edward Diehl of Remax Access
with regard to the selling several of Debtor's properties to
eliminate much of Debtor's unmanageable Debt.
Mr. Diehl's fee for selling Debtor's properties is 5% for each
property sold.
Mr. Diehl, an associate broker for REMAX Access, assured the court
that his firm is a disinterested person within the meaning of 11
U.S.C. Sec. 101(14).
The realtor can be reached through:
Edward Diehl
Remax Acces
100 Spring Garden
Philadelphia, PA 19123
Mobile: (215) 817-7602
Direct: (215) 400-2655
About Stokes & Stokes Properties, LLC
Stokes & Stokes Properties, LLC filed its voluntary petition for
relief under Chapter 11 of the Bankruptcy Code (Bankr. E.D. Pa.
Case No. 26-10431) on February 3, 2026, listing $1,000,001 to $10
million in assets and up to $50,000 in liabilities.
Judge Ashely M Chan presides over the case.
Demetrius J. Parrish, Jr., Esq. at The Law Offices Of Demetrius J.
Parrish represents the Debtor as counsel.
STRATA SKIN: CBIZ Raises Going Concern Doubt Over Debt Default
--------------------------------------------------------------
STRATA Skin Sciences, Inc. filed its Annual Report on Form 10-K for
the fiscal year ended December 31, 2025 with the U.S. Securities
and Exchange Commission earlier this year. The audited report
contains a blunt warning: conditions exist that raise substantial
doubt about its ability to continue as a going concern.
The Company reported a net loss of $6.3 million for the year ended
December 31, 2025, compared with a net loss of $10.1 million for
2024. The Company generated net revenue of $30.7 million in 2025,
compared to a revenue of $33.6 million in 2024.
Going Concern
Philadelphia, Pennsylvania-based CBIZ CPAs P.C., the Company's
auditor since 2019 (such date takes into account the acquisition
of the attest business of Marcum LLP by CBIZ CPAs P.C. effective
November 1, 2024), issued a "going concern" qualification in its
report dated March 25, 2026, attached to the Company's Annual
Report for the fiscal year ended December 31, 2025, citing that the
Company's shares were delisted from The Nasdaq Capital Market on
February 19, 2026 which constitutes an event of default under its
Senior Term Facility. This, combined with the Company's history of
operating losses raises substantial doubt about the Company's
ability to continue as a going concern.
Liquidity
The Company has historically experienced recurring losses and has
been dependent on raising capital from the sale of securities in
order to continue to operate. In October 2021, the Company entered
into an equity distribution agreement with an investment bank under
which, as of December 31, 2025, the Company could sell up to an
additional $5.1 million of its common stock in registered
"at-the-market" offerings, subject to certain limitations. As of
the date that the consolidated financial statements were issued,
the Company may not sell any of its shares of common stock under
the equity distribution agreement because it deregistered the
unsold shares following the delisting of its common stock.
Management Plan
Management has evaluated the Company's ability to meet its
financial obligations as they become due within the next 12 months
following the issuance of these consolidated financial statements.
The delisting of the Company's shares constitutes an event of
default under the Senior Term Facility, which has continued through
the date of issuance of these consolidated financial statements.
The lender reserves any and all rights and remedies available to it
under the Senior Term Facility, including, without limitation, its
right to choose to accelerate the debt and seek immediate repayment
in full. As a result, all of the Company's long-term debt has been
classified as current in the consolidated balance sheet, resulting
in negative working capital. This, combined with its history of
operating losses, raises substantial doubt about the Company's
ability to continue as a going concern for the next 12 months.
Specifically, the Company's ability to meet its obligations and
continue operations is dependent upon regaining compliance with its
debt covenants, modifying its existing debt facility, or
successfully securing additional sources of liquidity and
financing, as well as addressing other challenges, including market
conditions that may negatively impact its ability to access
capital. These conditions include, but are not limited to,
potential future pandemics, changes in U.S. trade policies, supply
chain disruptions, customer behavior, and rising interest rates,
and could interfere with the Company's ability to access financing
and on favorable terms.
Management is actively evaluating various strategies to address the
Company's liquidity concerns, including exploring financing
alternatives and pursuing other strategic initiatives. However,
there can be no assurance that these efforts will be successful or
sufficient to mitigate the substantial doubt regarding the
Company's ability to continue as a going concern.
A full text copy of the Company's Form 10-K is available at
http://tiny.cc/4v64101
About STRATA Skin
STRATA Skin Sciences, Inc. is a medical technology Company in
dermatology dedicated to developing, commercializing, and marketing
innovative products for the treatment of dermatologic conditions.
Its products include the XTRAC(R) line of excimer lasers and
VTRAC(R) lamp systems utilized in the treatment of psoriasis,
vitiligo, and various other skin conditions, as well as the
TheraClear(R) X Acne Therapy System utilized in the treatment of
acne-related skin conditions.
As of December 31, 2025, the Company had $30.52 million in total
assets, $27.61 million in total liabilities, and $2.91 million in
total stockholders' equity.
SUNBELT PLANTATIONS: Hwy 82 Wst Property Sale to Phoebe Health Ok'd
-------------------------------------------------------------------
The U.S. Bankruptcy Court for the Northern District of Georgia,
Gainesville Division, has granted Sunbelt Plantations Inc. and its
affiliates, to sell Property, free and clear of liens, claims,
interests, and encumbrances.
Adcock Family Properties, LLC (AFP) owns certain real property
located at US Hwy 82 West, 1.5 acres of which Debtors seeks to
sell.
The Court has authorized the Debtor to sell the Property to Phoebe
Putney Health System, Inc. in the purchase price of $950,000.
The Debtors may sell the Property free and clear of all liens,
claims and encumbrances.
Upon closing of the Sale, all liens, claims, and encumbrances, if
any, on the Property shall attach to the proceeds of the Sale to
the same extent, validity, and priority as they existed on the
Petition Date.
The Debtors are authorized to take all actions necessary to close
the Sale and to comply with the Purchase and Sale Agreement.
The closing agent is authorized to pay all closing-related
expenses, including but not limited to, outstanding property taxes,
utilities, or other associated itemized closing expenses.
About Sunbelt Plantations Inc.
Sunbelt Plantations Inc., doing business as Adcock Pecan Co.,
produces and distributes pecans, peanuts, jams, jellies, fruit
butters, and chutneys. The Company operates from Tifton, Georgia,
and offers its products through retail and online channels,
including its Website at http://www.adcockpecans.com/
Sunbelt Plantations Inc. sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. N.D. Ga. Case No. 25-21011) on July 21,
2025. In its petition, the Debtor reports estimated assets between
$1 million and $10 million and estimated liabilities between
$500,000 and $1 million.
The Debtor is represented by William Rountree, Esq. at ROUNTREE,
LEITMAN, KLEIN & GEER, LLC.
SYNAPTICS INC: Fitch Affirms 'BB' LongTerm IDR, Outlook Stable
--------------------------------------------------------------
Fitch Ratings has affirmed Synaptics Incorporated's Long-Term
Issuer Default Rating (IDR) at 'BB', as well as its senior
unsecured notes at 'BB' with a Recovery Rating of 'RR4'. The Rating
Outlook is Stable.
Synaptics' ratings and Stable Outlook reflect lower EBITDA leverage
and progress toward returning within Fitch's leverage
sensitivities. They also reflect growth opportunities in the
company's core Internet of Things (IoT) segment and its
through-cycle FCF generation. The ratings also consider Synaptics'
end-market volatility and potential supply chain cost pressures,
which could weaken demand.
Key Rating Drivers
Deleveraging To Within Sensitivities: Fitch forecasts that
Synaptics' EBITDA leverage will decrease to 3.6x by the end of its
fiscal year in June 2026, down from 4.4x in 2025 and 6.4x in 2024.
Fitch has updated it downgrade EBITDA leverage sensitivity to 3.5x
from 3.0x to more closely align with Synaptics' peers and Fitch's
technology sector EBITDA leverage 'BB' midpoint of 3.5x. The change
also reflects the company's relatively smaller scale in the
technology sector and historic leverage volatility. Fitch expects
Synaptics to operate within leverage sensitives during fiscal 2027,
supported by EBITDA growth.
End Market Growth Opportunities: Synaptics is well-positioned to
capitalize on growth in end markets and product applications within
its core IoT segment. IoT accounted for 32% of sales YTD through
3Q26, up 31% YoY in the last quarter. New OEM design wins, market
opportunities within touch, and the ramp-up of its Astra processer
in areas such as robotics expose the company to potentially
high-growth end markets that should require more content over time.
A continued increase in the core IoT segment's sales mix could
reduce operating volatility, diversify the customer base with new
OEMs and support higher-margin FCF.
Volatility Offsets Profitability: Synaptics is exposed to the
cyclical consumer electronics markets, where component suppliers
often face shifts in consumer spending, short product lead times
and annual product updates. Synaptics' focus on less elastic, more
premium end products partly limits this exposure. The company also
faces intermittent supply and demand imbalances, as well as
changing enterprise spending timing. Fitch views Synaptics'
profitability, with EBITDA margins of about 20% that are strong for
the 'BB' rating category, as less important to the credit profile
because of this volatility.
Through the Cycle FCF Generation: Fitch forecasts positive annual
FCF generation between fiscal 2026 and 2029 will cumulatively
exceed $500 million. FCF generation benefits from a low capex
business model that outsources manufacturing and generally ships
directly from manufacturers, along with flexible shareholder
distributions via buybacks. Synaptics' consistent FCF strengthens
its balance sheet and enhances its capacity for opportunistic M&A
to supplement organic growth.
Entrenched Product Leadership: Synaptics has a strong record of
leadership across several products, including PC fingerprint
sensors and touchpads, and video interfaces for laptop docking
stations and adapters. However, the sector's competitive nature
limits pricing power and product leadership. Low switching costs,
the risk that OEM customers develop in-house designs, evolving
device interfaces, and intense competition for design wins also
constrain long-term competitive advantages.
Customer Concentration: Growth in less concentrated end markets and
emerging product areas enhances customer diversification. In fiscal
2025, two customers accounted for 26% of revenues. Customer
concentration is likely to persist due to the scale of its OEM
customers in PC, mobile and automotive markets, but Fitch expects
the concentration to decrease as the core IoT segment grows as a
percentage of sales mix and as go-to-market initiatives gain
traction.
Convertible Notes Treatment: Fitch assigns no equity credit to
Synaptics' $450 million in convertible senior unsecured notes.
Under Fitch's "Corporate Hybrid Treatment and Notching Criteria,"
the notes are optionally rather than mandatorily convertible and
are not subordinated to senior debt.
Peer Analysis
Synaptics' profitability, as measured by its EBITDA margin of
approximately 20%, is lower than 'BB' peers Entegris, Inc. (29%;
BB/Stable), MKS Instruments, Inc. (25%; BB/Stable) and Coherent
Corp (22%; BB/Positive). Each of these peers has some level of
cyclicality.
Synaptics' FCF as a percentage of revenue, at approximately 9%-10%,
is comparable to that of Entegris and MKS, which is notably high
for the 'BB' rating category, and is ahead of Coherent's 2%.
Leverage for Synaptics, Entegris and MKS is similar, with all three
forecasts at 3.5x-4.0x at their respective fiscal 2026-year ends,
as each is in the later stages of post-M&A deleveraging. Coherent's
leverage profile is distinct from these 'BB' peers, forecast at
2.1x at its fiscal 2026-year end.
Higher-rated semiconductor peers Microchip Technology Inc.
(Microchip; BBB/Stable) and NXP Semiconductors N.V. (BBB+/Stable)
have superior market positions and greater diversification relative
to Synaptics. Microchip and NXP also have higher profitability,
with EBITDA margins of 30% and 38%, respectively. Microchip is
prioritizing its balance sheet and utilization rates, with Fitch
estimating leverage of 2.6x exiting fiscal 2027, down from over
4.0x exiting fiscal 2025. NXP's financial policies remain
conservative and are underpinned by a net EBITDA leverage target of
1.0x-1.5x, which translates to below 2.0x on a gross basis.
Fitch’s Key Rating-Case Assumptions
- Overall growth supported by continued strong performance of IoT
segment with Astra processor design adoptions expected over the
forecast. Higher organic growth rates moderate in 2028 and 2029
with a continue macroeconomic pressures affecting end market
demand;
- EBITDA margins in 2026 informed by YTD performance of
approximately 20%. Margins improve slightly through the forecast
period as operating leverage improves and sales mix contributions
from the lower gross margin mobile segment decrease.
- Capex about 3.5% of revenue in 2026, in line with 2026 YTD trend
primarily driven by expansion of facilities relating to the 2025
Broadcom transaction. Capex declines during the forecast after, but
remains toward the higher end of historic levels;
- Share repurchases of about $100 million annually during forecast
period with the existing share repurchase program extended. No
common or special dividends paid;
- Partially debt-funded acquisitions within the core IoT segment
closing in fiscal 2029 with total consideration of $500 million,
completed at 3.5x enterprise value/revenue;
- Base rates above SOFR applicable to the revolving credit facility
reflects the forward curve of 3.6%, 3.8%, 3.7% and 3.7% in fiscal
2026 to 2029 respectively. The revolving facility is not expected
to be drawn during the forecast period.
Corporate Rating Tool Inputs and Scores
Fitch scored the issuer as follows, using its Corporate Rating Tool
(CRT) to produce the Standalone Credit Profile (SCP):
Business and financial profile factors (assessment, relative
importance): management ('bbb', Lower), sector characteristics
('bb', Higher), market and competitive positioning ('bb-',
Moderate), diversification and asset quality ('bb-', Moderate),
company operational characteristics ('bbb', Lower), profitability
('bbb-', Lower), financial structure ('bb', Higher), and financial
flexibility ('bb+', Moderate).
The quantitative financial subfactors are based on standard CRT
financial period parameters: 20% weight for the latest historical
year FY25, 40% for the forecast year FY26 and 40% for the forecast
year FY27.
The governance assessment of 'good' has no impact.
The operating environment assessment of 'a' has no impact.
The SCP is 'bb'.
To derive the Long-Term IDR:
Fitch made no adjustments to the SCP, resulting in an IDR of 'BB'.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- EBITDA leverage sustained above 3.5x;
- Disruption to market position in touch technology;
- Consistent flat or declining revenue YoY;
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- EBITDA leverage sustained below 3.0x;
- Continued Core IoT sales mix growth resulting in EBITDA margin
increases, greater customer diversity and above industry revenue
growth;
Liquidity and Debt Structure
Synaptics' liquidity position consisted of $404 million cash and a
$350 million revolving credit facility that was undrawn as of
fiscal 3Q26. certificates of deposit) at fiscal 3Q25 (March 29,
2025). Forecast FCF, benefiting from a low capital intensity
business structure, a relatively low overall interest expense
attributable to the 0.75% convertible notes, support Synaptics'
liquidity position. Synaptics' next outstanding debt maturity is
its $400 million senior unsecured notes in 2029, followed by its
convertible notes maturing in 2031.
Issuer Profile
Synaptics develops semiconductor solutions that enable people to
interact with electronic devices. Its product offerings include
connectivity, audio, high-definition video, touch controllers,
display drivers, fingerprint sensors and touchpad solutions.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Sector Forecasts Monitor
data file which aggregates key data points used in its credit
analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
Climate Vulnerability Signals
The results of its Climate.VS screener did not indicate an elevated
risk for Synaptics Incorporated.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery Prior
----------- ------ -------- -----
Synaptics Incorporated
LT IDR BB Affirmed BB
senior unsecured LT BB Affirmed RR4 BB
TAPS RANCH: Amends Unsecured Claims Pay Details
-----------------------------------------------
TAPS Ranch II, LLC submitted a Second Amended Plan of
Reorganization under Subchapter V dated May 22, 2026.
TAPS Ranch reached an agreement with Shelby Savings Bank as to
value of the St. Augustine and Chireno Properties. On March 2,
2026, a Notice of Agreement on the value of the properties was
filed.
On March 2, 2026, the court entered an order at docket #86 Order
adopting the agreement. The agreed value is $2,000,000 for St.
Augustine and Chireno Properties. The value was agreed at
$1,160,000 for the St. Augustine Property and $840,000 for the
Chireno Property.
This Plan of Reorganization proposes to pay Debtor’s creditors
from the cash flow generated in the ordinary course of the Debtor's
business after confirmation.
Class 7 consists of all other non-priority unsecured claims allowed
under Section 502 of the Code. The aggregate amount of Class 7
claims is approximately $163,129. The Debtor will pay the projected
disposable income in the amount as set forth on the projections for
a period of sixty months following the Effective Date to creditors
in this class with allowed claims in the amount set forth on the
projections with this plan. Debtor may pay these amounts in
quarterly distributions. Debtor projects that creditors in Class 7
will receive a payback of 100%.
If any recovery is made as against Pilgrim's Pride, after payment
of attorneys' fees and expenses of the litigation and this
bankruptcy case, the Debtor will pay 75% of the net proceeds to the
creditors in Class 7 until the creditors in Class 7 are paid in
full.
The equity security holders will retain the interest in the
Debtor.
The term "disposable income" means the income that is received by
the debtor and that is not reasonably necessary to be expended
* for
-- the maintenance or support of the debtor or a dependent of
the debtor; or
-- a domestic support obligation that first becomes payable
after the date of the filing of the petition; or
* for the payment of expenditures necessary for the
continuation, preservation, or operation of the business of the
debtor.
A full-text copy of the Second Amended Plan dated May 22, 2026 is
available at https://urlcurt.com/u?l=onUnTm from PacerMonitor.com
at no charge.
Counsel to the Debtor:
Reese W. Baker, Esq.
Baker & Associates
950 Echo Lane Suite 300
Houston, TX 77024
Telephone: (713) 979-2251
About TAPS Ranch II LLC
TAPS Ranch II, LLC filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. S.D. Tex. Case No.
25-34509) on August 4, 2025, listing between $1 million and $10
million in both assets and liabilities. Judge Jeffrey P Norman
presides over the case. Reese W Baker, at Baker & Associates, is
the Debtor's legal counsel.
TELESAT CORP: Deloitte Raises Going Concern Over Debt Obligations
-----------------------------------------------------------------
Telesat Corporation filed its Annual Report on Form 20-F for the
fiscal year ended December 31, 2025 with the U.S. Securities and
Exchange Commission earlier this year. The audited report contains
a blunt warning: conditions exist that raise substantial doubt
about its ability to continue as a going concern.
Telesat's net loss for the year ended December 31, 2025, was
C$530.2 million compared to net loss of C$302.5 million for the
prior year.
Total revenue for the year ended December 31, 2025 decreased by
$153.1 million to $418 million compared to C$571 million for the
prior year as Broadcast revenue decreased by C$78.2 million and
Enterprise revenue decreased by $61.1 million.
Going Concern
Toronto, Canada-based Deloitte LLP, the Company's auditor since
2023, issued a "going concern" qualification in its report dated
March 16, 2026, attached to the Company's Annual Report for the
fiscal year ended December 31, 2025, citing that the impending
maturity of the Company's credit facility and uncertainty about the
Company's ability to successfully refinance the Telesat Canada Debt
in advance of the upcoming maturity raises substantial doubt about
its ability to continue as a going concern.
The Company has approximately C$509.8 million of cash and cash
equivalent of which $206.6 million is held within Telesat Canada,
as at December 31, 2025. The Company and Telesat Canada expect to
generate sufficient cash flow to meet the requirements of their
respective ongoing operations and debt servicing costs for the
reasonably foreseeable future, including at least the one-year
period following the date of these financial statements. However,
the Company's consolidated cash flows and cash resources alone,
which includes those of Telesat Canada, are not expected to be
sufficient to meet Telesat Canada's debt maturity obligations as
they come due.
Liquidity and Capital Resources
The Company's Term Loan B and Senior Notes, held in Telesat Canada,
are scheduled to mature between December 2026 and October 2027,
resulting in substantial obligations at the end of 2026 of
approximately $2.3 billion that will require repayment or
refinancing.
Based on current projections, cash flows from operations and assets
of the Company are expected to be sufficient to meet its
contractual obligations as they become due prior to the date of
debt maturity. However, these cash flows alone are not expected to
be sufficient to satisfy the obligations related to the settlement
of the debt instruments as they become due in December 2026 and
October 2027.
Management is therefore actively engaged in discussions with
lenders' advisors about refinancing the Telesat Canada Debt and, at
the time of issuing the financial statements, management expects to
refinance the existing debt obligations before they become due.
However, these refinancing activities are dependent on a number of
factors outside of the Company's control. As such, there can be no
assurance that these refinancing initiatives will be completed
successfully.
This material uncertainty, which relates solely to the upcoming
Telesat Canada Debt maturities in December 2026, casts substantial
doubt as to Telesat Canada's ability to meet its obligations as
they come due -- and accordingly raises substantial doubt for the
Company in these consolidated financial statements.
Should Telesat Canada not be able to refinance its debt obligations
prior to maturity, these financial statements may require
significant adjustments, with a material impact to the carrying
amount and classification of reported assets, liabilities,
revenues, or expenses.
A full text copy of the Company's Form 20-F is available at
http://tiny.cc/t074101
About Telesat Corporation
Telesat is a leading global satellite operator, providing its
customers with mission-critical communications services since the
start of the satellite communications industry in the 1960s.
Through a combination of advanced satellites and ground facilities
and a highly expert and dedicated staff, our communications
solutions support the requirements of sophisticated satellite users
throughout the world. Throughout the Company's lengthy operating
history, it has demonstrated a deep commitment to customer service
and led the way on many of the industry's most ground-breaking
innovations.
As of December 31, 2025, the Company had C$6.6 billion in total
assets, C$4.8 billion in total liabilities, and C$1.8 billion in
total stockholders' equity.
TERRASTRAT GROUP: Hires Heskin & Proper PLLC as Special Counsel
---------------------------------------------------------------
Terrastrat Group LLC seeks approval from the U.S. Bankruptcy Court
for the Southern District of Ohio to hire Heskin & Proper, PLLC as
special counsel.
The firm will investigate, analyze, prosecute, defend, negotiate,
and resolve claims and disputes involving merchant cash advance
lenders and other creditors that have restrained, levied upon,
enforced against, or otherwise exercised control over assets of the
Debtor or property of the estate.
The proposed contingency fee arrangement provides compensation
equal to 40% of Gross Recoveries.
Shane R. Heskin, Esq. of Heskin & Proper, PLLC assured the court
that the firm is a "disinterested person" within the meaning of 11
U.S.C. Sec. 101(14).
The firm can be reached through:
Shane R. Heskin, Esq.
Heskin & Proper, PLLC
641 Lexington Avenue, 14th Floor
New York, NY 10022
Telephone: (917) 362-1313
Email: shane@heskinproper.com
About Terrastrat Group LLC
Terrastrat Group LLC provides consulting and analytics services to
financial institutions in the United States, focusing on optimizing
branch networks and ATM placement. The Columbus, Ohio-based company
delivers data-driven growth strategies that leverage predictive
modeling, market analysis, and micromarket optimization to inform
decisions on branch consolidation, expansion, and investment
prioritization. Its services are tailored to each client's needs,
helping banks improve efficiency, reach, and customer retention
within their retail footprint.
Terrastrat Group LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 25-55664) on December 24, 2025. In
its petition, the Debtor reports estimated assets of $100,001 to $1
million and estimated liabilities of $1 million to $10 million.
Honorable Bankruptcy Judge Tiffany Strelow Cobb handles the case.
The Debtor is represented by Tami Hart Kirby, Esq. of Porter Wright
Morris & Arthur LLP.
TEXAS AUTO: Unsecureds Will Get 50% Dividend via Quarterly Payments
-------------------------------------------------------------------
Texas Auto Save, LLC ("TAS") and Synergy Capital Auto Lending, LLC
filed with the U.S. Bankruptcy Court for the Western District of
Texas a Joint Disclosure Statement describing Plan of
Reorganization dated May 22, 2026.
The Debtors will continue to manage their financial affairs as they
did in the few months prior to the bankruptcy filing as a part of
their respective Plans of Reorganization. The Debtors will be able
to make monthly plan payments using their operating income.
The corporate Debtors are owned 51% by Alex Sinno and 49% by
Sridhar Vasireddy. Debtor's landlord is SAR American Properties,
LLC and SAR American Properties, LLC is an insider owned by Alex
Sinno and Sridhar Vasireddy. Alex Sinno's wife Farheen Mir works
full time for Debtor and is paid $83,900 per year. Alex Sinno earns
$163,800 annually working for the Debtors.
Alex Sinno shall continue to manage the corporate entities. He
shall receive a salary of $163,800 plus be entitled to profit
distributions only to the extent the Debtors are first able to
honor their plan obligations.
Synergy shall pay Westlake interest on its secured debt for the
first 12 months of the plan. The outstanding balance shall then be
fully amortized over the next 7 years. The interest rate shall be
fixed at the prime rate in effect on the Effective Date plus 2
percentage points. Westlake shall retain its liens against both
Debtors.
The Debtors shall pay ad valorem taxes currently due and payable as
of January 2026 in regular monthly installments within 60 months of
the date of the order for relief and at the statutory interest
rate. Debtors shall pay past due federal and state non real estate
taxes in regular monthly installments within 60 months of the date
of the order for relief and at the statutory interest rate in
effect on the confirmation date.
Debtor Synergy shall pay Creditor Captive Formation Corp. $100,000
in 24 monthly payments of $4167.
Debtor TAS' debt with the SBA shall be reinstated with arrearages
paid in 53 monthly payments after the Effective Date. Debtor TAS
shall pay Jefferson State Bank interest only for 12 months and then
in the 13th month of the Plan and then begin making regular monthly
payments.
Both Debtors have at least two UCC liens filed anonymously against
them in the Texas State UCC records. To the extent the claims are
allowed as secured claims, they shall be paid approximately 50% of
their claims in regular quarterly payments beginning in the second
year of the Synergy Plan. To the extent they have unsecured allowed
claims, they shall be treated in Synergy's general unsecured
class.
The Debtors shall pay general unsecured claims an estimated 50%
dividend in quarterly payments beginning in year three of the
Plans. Debtors shall pay affiliate entity unsecured claims an
estimated 50% dividend in quarterly payments in the final two years
of the Plan.
TAS shall pay the Secured and 11 USC Section 503(b)(9) Claim of
Lawler Motor Sports, LLC $30,000 per month until paid in full
beginning 30 days after the Effective Date.
The equity holders in the corporate entities shall retain their
interests in the Debtors.
The Class 3 claims consist of the impaired claims of general
unsecured creditors against Synergy and the total or partially
unsecured claims from Class 2. Allowed claims shall receive their
pro rata share of their prorate share of $287,500 up to the full
amount of their allowed claims in 24 quarterly payments with the
first payments due the first date of the first quarter to occur two
years after the Effective Date.
The Class 4 claims consist of the impaired claims of general
unsecured creditors against TAS. Allowed claims shall receive their
prorate share of $128,000 in 24 quarterly payments with the first
payments due the first date of the first quarter to occur two years
after the Effective Date.
The Plans are feasible as a result of projected sales of Debtors'
assets in their respective plans and for operating Debtors, the
income generated from Debtors' business operations and assets.
Debtors have provided a proforma in Exhibit B, which demonstrates
the Plans' feasibility.
A full-text copy of the Joint Disclosure Statement dated May 22,
2026 is available at https://urlcurt.com/u?l=p5V57L from
PacerMonitor.com at no charge.
Counsel to the Debtors:
THE SMEBERG LAW FIRM, PLLC
Ronald J. Smeberg, Esq.
4 Imperial Oaks
San Antonio, Texas 78248
Tel: (210) 695-6684
Fax: (210) 598-7357
Email: ron@smeberg.com
About Texas Auto Save LLC
Texas Auto Save LLC is a used car dealership based in San Antonio,
Texas. The company sells pre-owned vehicles and provides
buy-here-pay-here and in-house financing, along with extended
warranty options. It also offers online inventory access, quote
requests, test drive scheduling, and financing pre-approval
applications, serving customers in San Antonio and nearby Texas
communities.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. W.D. Tex. Case No. 26-51089) on April 25,
2026. In the petition signed by Alex Sinno, managing member, the
Debtor disclosed $2,122,888 in total assets and $13,800,382 in
total liabilities.
Judge Aubrey L Thomas oversees the case.
Ronald Smeberg, Esq., at THE SMEBERG LAW FIRM, is the Debtor's
legal counsel.
THAI WISDOM: Seeks Subchapter V Bankruptcy in Washington
--------------------------------------------------------
On May 26, 2026, Thai Wisdom LLC filed for Chapter 11 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 million in debt owed to 1-49 creditors.
A meeting of creditors filed by Ryan S Moore on behalf of United
States Trustee under Section 341(a) to be held on June 30, 2026 at
01:30 PM via Telephonic Creditors Meeting.
Small Business Subchapter V Plan deadline set for August 24, 2026
About Thai Wisdom LLC
Thai Wisdom LLC is a Washington-based limited liability company.
Based on its name, the company appears to operate in the food
service and hospitality sector, though specific business details
were not disclosed in the bankruptcy petition.
Thai Wisdom LLC sought relief under Subchapter V of Chapter 11 of
the U.S. Bankruptcy Code (Bankr. Case No. 26-11738) on May 26,
2026. In its petition, the Debtor reported estimated assets of
$0-$100,000 and estimated liabilities of $100,001-$1 million.
Honorable Bankruptcy Judge Timothy W. Dore handles the case.
The Debtor is represented by James E. Dickmeyer, Esq. of James E.
Dickmeyer, PC.
TITAN INT'L: Moody's Lowers CFR to B2 & Alters Outlook to Stable
----------------------------------------------------------------
Moody's Ratings downgraded the ratings of Titan International, Inc.
(Titan), including the corporate family rating to B2 from B1, the
probability of default rating to B2-PD from B1-PD and the backed
senior secured global notes rating to B2 from B1. At the same
time, Moody's changed the outlook to stable from negative. Titan's
speculative grade liquidity rating (SGL) was downgraded to SGL-3
from SGL-2.
The downgrades reflect Moody's expectations that weak credit
metrics will remain well below Moody's original projections with
global demand for agriculture equipment constrained and
construction equipment uneven into 2027. A recovery in new
equipment spending is being hindered by low commodity prices, high
interest rates and macroeconomic headwinds from tariffs and the
Middle East conflict. Titan's consumer segment, despite its
aftermarket focus, is also being negatively impacted by the effects
of general inflationary conditions as a meaningful percentage of
this business is discretionary.
Governance considerations were a factor in this rating action as
availability under the revolving credit facility is modest
considering Moody's expectations for the continuation of negative
free cash flow for 2026. This could further constrain financial
flexibility in the event key market conditions deteriorate relative
to Moody's current projections. As a result, Moody's changed
Titan's governance score to G-4 from G-3 and the Credit Impact
Score (CIS) to CIS-4 from CIS-3.
RATINGS RATIONALE
Titan's ratings reflect the company's solid competitive position as
a tire and wheel supplier to leading global agriculture and
construction original equipment manufacturers (OEM). Titan's
operating results are highly dependent on demand for new farm,
construction and mining equipment but sizable
aftermarket/replacement revenue across all three segments helps
mitigate OEM business cyclicality. Though currently in the midst of
a sharp downcycle, long term demand for agriculture equipment is
supported by greater need for grain output for a growing global
population, aging equipment fleets and the need for technologically
advanced equipment to offset increasingly difficult farming
conditions. In response to challenging market conditions, Titan's
agriculture customers have meaningfully scaled back production
because of the weaker demand environment, which in turn has weighed
heavily on Titan's operating results. Earthmoving and construction
equipment markets are mixed, with solid mining demand and
construction activity supported by infrastructure and onshoring
investment but offset by muted residential construction markets.
The weak market conditions are more than offsetting Titan's
structural cost saving initiatives that were implemented to limit
erosion in earnings when production volumes decline. Accordingly,
Moody's expects a 2026 EBITA margin of 2%, roughly flat with the
2025 level, before moving above 2% in 2027. Debt-to-EBITDA is
expected in the high-6x range in 2026, tracking towards 6x in 2027
as key markets start to normalize. Moody's are projecting negative
free cash flow this year with breakeven-to-modestly positive free
cash flow in 2027 even with the anticipated build in inventory to
meet improving demand. Benefits from the Carlstar Group LLC
acquisition (enhanced scale, consumer focus and a broader customer
base) have been diminished by the weak demand environment as
aftermarket revenues have not been able to offset the pullback in
new equipment spending. The Q1 2024 acquisition, which was
partially debt-financed and led to an increase in Moody's debt
adjustment for operating leases, coincided with an acceleration of
the earnings decline that began in 2023, contributing to the
weakening of credit metrics.
The stable outlook reflects Moody's expectations that demand in
core end markets will remain weak but will not materially worsen
through the remainder of 2026. These markets should begin to
recover from extended downturns in 2027, enabling credit metrics to
improve, though modestly.
Titan's SGL-3 rating reflects Moody's expectations that the company
will maintain adequate liquidity supported by a cash position in
the $150 million - $200 million range and modest availability
(approximately $50 million at Q1 2026) under its unrated $225
million asset-based lending (ABL) facility set to expire in
February of 2029. Moody's expects free cash flow to be negative
again this year as earnings remain weak. Free cash flow is
expected to recover to breakeven or modestly positive in 2027 as
the agricultural sector should be in a better position for a
rebound.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if Moody's expects Titan to sustain
operational efficiencies to support an EBITA margin in excess of
5.5%, debt-to-EBITDA in the low-5x range, even during a downturn in
its cyclical end markets, and EBITA-to-interest above 3x. In
addition, Moody's would expect Titan to maintain good liquidity
with consistently positive free cash flow and greater availability
under its ABL.
The ratings could be downgraded if Titan is unable to improve the
EBITA margin from the current level, debt-to-EBITDA remains near 6x
or higher, or EBITA-to-interest remains below 1.5x. The
continuation of negative free cash flow or deteriorating liquidity,
including the inability to pay down ABL borrowings, could also lead
to a ratings downgrade.
The principal methodology used in these ratings was Manufacturing
published in September 2025.
The net effect of any adjustments applied to rating factor scores
or scorecard outputs under the primary methodology(ies), if any,
was not material to the ratings addressed in this announcement.
Titan International, Inc. is a manufacturer of wheels, tires,
assemblies and undercarriage products for off-highway vehicles. The
company serves end markets in the agricultural,
earthmoving/construction and consumer industries. Titan sells its
products directly to original equipment manufacturers as well as in
the aftermarket through independent distributors, equipment dealers
and distributions centers. Tires are sold primarily under the Titan
and Goodyear brand names. Revenue for the twelve months ended March
31, 2026 was approximately $1.8 billion.
TREE HOUSE: Case Summary & Nine Unsecured Creditors
---------------------------------------------------
Debtor: The Tree House Park LLC
7701 Colton Bluff Springs Road
Austin, TX 78744
Business Description: The Tree House Park LLC is an Austin, Texas-
based real estate company that owns a 2.932-acre property at 7701
Colton Bluff Springs Road. The property is associated with The
Tree House Park, an outdoor venue for food trucks, vendors, and
events.
Chapter 11 Petition Date: June 1, 2026
Court: United States Bankruptcy Court
Western District of Texas
Case No.: 26-11051
Judge: Hon. Christopher G Bradley
Debtor's Counsel: C. Daniel Roberts, Esq.
C. DANIEL ROBERTS, P.C.
PO Box 300549
Austin, TX 78703
Tel: (512) 470-0897
E-mail: droberts@cdrlaw.net
Total Assets: $3,374,150
Total Liabilities: $1,011,045
The petition was signed by Maria de la Cruz Castillo, aka Maria de
la Cruz Martinez, as manager and sole member.
A full-text copy of the petition, which includes a list of the
Debtor's nine unsecured creditors, is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/MT3JYQQ/The_Tree_House_Park_LLC__txwbke-26-11051__0001.0.pdf?mcid=tGE4TAMA
TRI-STATE ENVIRONMENTAL: Cash Collateral Hearing Set for June 10
----------------------------------------------------------------
The U.S. Bankruptcy Court for the Eastern District of New York is
set to hold a hearing on June 10 to consider extending Tri-State
Environmental Restoration, Inc.'s authority to use cash
collateral.
The Debtor is currently authorized to use cash collateral pursuant
to the court's April 23 interim order.
Under the interim order, the Debtor is allowed to utilize its cash
collateral through June 12, subject to an approved budget, which
shows total operational expenses of $329,255 for the period from
March 23 to June 12.
The interim order granted the U.S. Small Business Administration
adequate protection through a monthly payment of $1,404 and a
replacement lien, with the same priority and validity as its
pre-petition lien. The replacement lien is subject to carveouts
including U.S. Trustee fees, professional fees, a hypothetical
Chapter 7 trustee fee cap of $10,000, and proceeds from certain
avoidance actions.
Additional safeguards include insurance coverage and regular filing
of monthly operating reports.
Termination events include uncured defaults after a
five-business-day notice period, expiration of the authorized
period, trustee appointment and conversion or dismissal of the
Debtor's Chapter 11 case.
The order is available at https://shorturl.at/21Bqh from
PacerMonitor.com.
Tri-State's cash collateral is tied to loan obligations owed to the
SBA, which had extended approximately $1.2 million in financing
secured by UCC filings. The Debtor said it needs access to cash
collateral to continue operating.
About Tri-State Environmental Restoration Inc.
Tri-State Environmental Restoration, Inc is a New York-based
corporation engaged in environmental restoration services
throughout the Tri-State area.
Tri-State filed a petition under Chapter 11, Subchapter V of the
Bankruptcy Code (Bankr. E.D. N.Y. Case No. 26-41343) on March 23,
2026, with up to $500,000 in assets and up to $10 million in
liabilities. James Rengifo, chief executive officer of Tri-State,
signed the petition.
Judge Jill Mazer-Marino oversees the case.
Ronald D. Weiss, Esq., at Ronald D. Weiss, P.C., represents the
Debtor as legal counsel.
Yann Geron, Esq., at Geron Legal Advisors, LLC serves as Subchapter
V trustee for the Debtor.
TRIMONT ENERGY: Hires Lugenbuhl Wheaton Peck Rankin as Counsel
--------------------------------------------------------------
Trimont Energy (NOW), LLC and its affiliates seek approval from the
U.S. Bankruptcy Court for the Eastern District of Louisiana to hire
Lugenbuhl, Wheaton, Peck, Rankin & Hubbard (A Law Corporation) as
their counsel.
The firm's services include:
a. advising the Debtors with respect to their rights, powers
and duties as Debtors and Debtors-in-possession in the continued
operation and management of the business and property;
b. preparing and pursuing confirmation of a plan of
reorganization as Debtors that are proceeding under Subchapter V
and pursuing approval of the disclosure statement and plan
confirmation should the Debtors cease to elect to continue
under Subchapter V;
c. preparing, on behalf of the Debtors, all necessary
applications, motions, answers, proposed orders, other pleadings,
notices, schedules and other documents, and reviewing all financial
and other reports to be filed;
d. advising the Debtors concerning, and preparing responses
to, applications, motions, pleadings, notices and other documents
which may be filed by other parties;
e. appearing in Court to protect the interests of the Debtors;
f. representing the Debtors in connection with use of cash
collateral and/or obtaining post-petition financing;
g. advising the Debtors concerning and assisting in the
negotiation and documentation of financing agreements, cash
collateral orders and related transactions;
h. investigating the nature and validity of liens asserted
against the property of the Debtors, and advising the Debtors
concerning the enforceability of said liens;
i. investigating and advising the Debtors concerning and
taking such action as may be necessary to collect income and assets
in accordance with applicable law, and the recovery of property for
the benefit of the Debtors' estates;
j. advising and assisting the Debtors in connection with any
potential property dispositions;
k. advising the Debtors concerning executory contract and
unexpired lease assumptions, assignments and rejections and lease
restructuring, and recharacterizations;
l. assisting the Debtors in reviewing, estimating and
resolving claims asserted against the Debtors' estates;
m. commencing and conducting litigation necessary and
appropriate to assert rights held by the Debtors, protect assets of
the Debtors' chapter 11 estates or otherwise further the goal of
completing the Debtors' successful reorganization; and
n. performing all other legal services for the Debtors which
may be necessary and proper in this case.
The compensation of Lugenbuhl's attorneys and paraprofessionals are
proposed at varying rates currently ranging from $400 to $600 for
attorneys and $125 for paralegals. Douglas S. Draper is the
attorney principally responsible for the representation and his
rate in this case is $600 per hour.
Lugenbuhl is a "disinterested person" as that term is defined in
section 101(14) of the Bankruptcy Code, as modified by section
1107(b) of the Bankruptcy Code, according to court filings.
The firm can be reached through:
Douglas S. Draper, Esq.
Benjamin W. Kadden, Esq.
Greta M. Brouphy, Esq.
Lugenbuhl, Wheaton, Peck, Rankin & Hubbard
601 Poydras Street Suite 2775
New Orleans, LA 70130
Tel: (504) 568-1990
Fax: (504) 310-9195
Email: DDraper@lawla.com
bkadden@lawla.com
gbrouphy@lawla.com
About Trimont Energy (Now)
Trimont Energy (NOW) LLC, a company in Houston, Texas, filed its
voluntary petition for Chapter 11 protection (Bankr. E.D. La. Case
No. 23-11868) on October 25, 2023, listing $1 million to $10
million in both assets and liabilities. Christopher O. Ryals, chief
restructuring officer, signed the petition.
Judge Meredith S. Grabill oversees the case.
The Debtor tapped Heller, Draper, & Horn, LLC as legal counsel;
Chaffe & Associates, Inc. as financial advisor; and Christopher O.
Ryals of RCO Capital, LLC as chief operating officer.
TRIPLE STICKS: To Sell Inventories to Multiple Buyers
-----------------------------------------------------
Triple Sticks Foods, LLC seeks approval from the U.S. Bankruptcy
Court for the Southern District of Illinois, to sell Inventory,
free and clear of liens, claims, interests, and encumbrances.
The Debtor manufactured food products. The bankruptcy estate's
assets include raw materials used to manufacture food products,
including ingredients and packaging, as well as finished goods
(Inventory).
The Debtor has ceased business operations and is in the process of
liquidating substantially all its assets. The Debtor wishes to
immediately sell the Inventory to reduce administrative expenses,
including post-petition rent and expensive utilities (particularly
electrical) necessary to preserve the Debtor's food Inventory.
After careful consideration, the Debtor, in its business judgment,
has determined that liquidating the Inventory will maximize the
proceeds from the Inventory—and other relevant savings—while
minimizing transaction expenses.
Details of the terms of the proposed sale are:
-- Butcher paper; labels - Brookwood Farms for $3,500.00
-- 5,400 pounds of American cheese slices; 1,900 pounds of
turkey white meat
-- ES Foods for $5,415.84
-- 95,040 English muffins; 85,488 buttermilk biscuits
-- Penn Foods for $10,950.00
-- 72,000 egg white patties. - Start Right for $3,656.25
The proceeds of the proposed sales represent a $13,939.49 or 245%
premium over the projected liquidation value.
In addition to the proposed sales above, the Debtor proposes to
sell additional Inventory, more specifically identified in Schedule
A to the Purchase Offer attached as Exhibit 1
(https://urlcurt.com/u?l=2AsqHnv), to Omni Foods for a purchase
price of $28,141.25.
The total purchase price under the proposed sales contemplated here
represents the best price obtainable under the circumstances
presented.
The Debtor, in its sound business judgment, has determined that
private sales of the Inventory is in the best interest of the
Estate.
The sale of the Inventory is in good faith and will not unfairly
benefit any insiders or creditors of the Debtor. None of the
Purchasers are insiders of the Debtor and the sales contemplated
hereunder were negotiated at arms’ length and in good faith. The
SBA has consented to the sale.
The Debtor submits that it is in the best interest of the Estate
and all stakeholders to dispose of such remaining Inventory or to
donate it to one or more non-insider charitable organizations.
About Triple Sticks Foods LLC
Triple Sticks Foods, LLC sought protection under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. S.D. Ill. Case No. 26-30341-mel) on
April 16, 2026. In the petition signed by Joseph Trover, principal,
the Debtor disclosed up to $10 million in both assets and
liabilities.
Judge Mary E. Lopinot oversees the case.
Eric C. Peterson, Esq., at Spencer Fane, LLP and Dawi Consulting,
LLC serve as the Debtor's legal counsel and financial advisor,
respectively.
UMZU LLC: Court Extends Cash Collateral Access to June 12
---------------------------------------------------------
UMZU, LLC received a seven-day extension from the U.S. Bankruptcy
Court for the Central District of California to use cash collateral
to fund its operations.
The court on June 4 entered an order extending the Debtor's
authority to use cash collateral from June 5 to June 12 to pay its
expenses based on an approved budget.
The Debtor was initially allowed to use up to $526,133 in cash
collateral under the court's May 27 interim order. The initial
order remains in full force and effect.
The Debtor offers adequate protection to its secured creditors
including NewCo Capital Group, American Funding Services and Drive
Fulfillment, LLC through replacement liens on its post-petition
assets and monthly payments. NewCo and American Funding Services
will receive monthly payments of $30,000 and $15,000, respectively,
while Drive Fulfillment may receive up to $36,000 if it releases
the Debtor's inventory held at its facility.
The order is available at
http://bankrupt.com/misc/UMZULLC_June4ICCOrder.pdf
The next hearing is set for June 9.
UMZU operates an e-commerce supplement business that sells products
primarily through its website and Amazon. It relies heavily on
third-party manufacturer WB Blends and fulfillment providers to
maintain inventory and ship products. Both vendors had threatened
to halt services unless overdue balances were paid, prompting UMZU
to seek authority to treat them as critical vendors. The Debtor
also stressed the importance of maintaining advertising access
through Meta Platforms (Facebook and Instagram), which it described
as essential to customer acquisition and revenue generation. UMZU
owed Meta more than $829,000 prepetition and sought approval for a
structured repayment plan.
The Debtor's financial decline followed internal disputes among
founders, which led to litigation and operational instability.
After regaining control in 2024, CEO Michael Dobson discovered the
business burdened by unsustainable overhead and debt. To survive,
UMZU turned to merchant cash advances, which created a "debt
spiral" due to aggressive repayment terms and mounting liens on the
Debtor's assets. Despite these difficulties, UMZU stated that
operational improvements in 2025 restored positive operating
income. The Debtor argued that restructuring its debt through
Chapter 11 would allow it to preserve its strong customer base,
valuable intellectual property, and long-term going-concern value.
About UMZU LLC
UMZU, LLC operates an e-commerce supplement business that sells
products primarily through its website and Amazon.
The Debtor sought protection under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. C.D. Cal. Case No. 2:26-bk-14886) on May
18, 2026. In the petition signed by Michael Dobson, chief executive
officer, the Debtor disclosed up to $10 million in both assets and
liabilities.
Judge Sheri Bluebond oversees the case.
Matthew D. Resnik, Esq., at RHM Law, LLP, represents the Debtor as
legal counsel.
UNION FLATIRON: Hires Wadsworth Garber Warner Conrardy as Counsel
-----------------------------------------------------------------
Union Flatiron LLC filed an amended application seeking approval
from the U.S. Bankruptcy Court for the District of Wyoming to hire
Wadsworth Garber Warner Conrardy, P.C. as counsel.
The firm's services include:
a. preparation on behalf of the Debtor of all necessary
reports, orders and other legal papers required in this Chapter 11
proceeding;
b. performance of all legal services for Debtor as
debtor-in-possession which may become necessary;
c. representation of the Debtor in any litigation which the
Debtor determines is in the best interest of the estate whether in
state or federal court(s).
The firm's counsel and staff will be paid at these hourly rates:
David Wadsworth, Attorney $500
Aaron Garber, Attorney $500
Aaron Conrardy, Attorney $425
Hallie Cooper, Attorney $225
Paralegals $125
The firm received a retainer of $25,000 from the Debtor.
Mr. Garber disclosed in a court filing that the firm is a
"disinterested person" as the term is defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached through:
Aaron A. Garber, Esq.
Wadsworth Garber Warner Conrardy, PC
2580 West Main Street, Suite 200
Littleton, CO 80120
Telephone: (303) 296-1999
Facsimile: (303) 296-7600
Email: agarber@wgwc-law.com
About Union Flatiron LLC
Union Flatiron LLC is a real estate and investment holding company
engaged in property-related development and management activities.
Union Flatiron LLC sought relief under Chapter 11 of the U.S.
Bankruptcy Code (Bankr. Case No. 26-20222) on May 14, 2026. In its
petition, the Debtor reports estimated assets between $1,000,001
and $10,000,000 and estimated liabilities between $1,000,001 and
$10,000,000.
Honorable Bankruptcy Judge Cathleen D. Parker handles the case.
The Debtor is represented by Aaron J. Conrardy, Esq. of Wadsworth
Garber Warner Conrardy PC.
US MEDICAL: Case Summary & One Unsecured Creditor
-------------------------------------------------
Debtor: US Medical Supplies, LLC
12138 Front Street
Norwalk, CA 90650
Business Description: US Medical Supplies, LLC is a single-asset
real estate entity (as defined in 11 U.S.C.
Section 101(51B)).
Chapter 11 Petition Date: June 1, 2026
Court: United States Bankruptcy Court
Central District of California
Case No.: 26-15508
Debtor's Counsel: Thomas B. Ure, Esq.
URE LAW FIRM
8280 Florence Avenue, Suite 200
Downey, CA 90240
Tel: 213-202-6070
Fax: 213-202-6075
E-mail: tom@urelawfirm.com
Estimated Assets: $1 million to $10 million
Estimated Liabilities: $1 million to $10 million
The petition was signed by Ivan Rodriguez as managing member.
The Debtor identified Southern California Edison, based in
Rosemead, California, as its sole unsecured creditor, holding a
$243 utility-services claim.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/JVXLISI/US_Medical_Supplies_LLC__cacbke-26-15508__0001.0.pdf?mcid=tGE4TAMA
VANDERBILT MINERALS: Taps Latham & Watkins as Bankruptcy Counsel
----------------------------------------------------------------
Vanderbilt Minerals, LLC seeks approval from the U.S. Bankruptcy
Court for the Northern District of New York to employ Latham &
Watkins LLP as bankruptcy counsel.
The firm will render these services:
a) advise the Debtor with respect to its powers and duties as
debtor in possession in the continued management and operation of
its business and properties;
b) advise and consult on the conduct of the Chapter 11 Case,
including all the legal and administrative requirements of
operating in chapter 11;
c) advise the Debtor and take all necessary action to protect
and preserve the Debtor's estate, including prosecuting actions on
the Debtor's behalf, defending any action commenced against the
Debtor, and representing the Debtor's interests in negotiations
concerning litigation in which the Debtor is involved;
d) analyze proofs of claim filed against the Debtor and object
to such claims as necessary;
e) represent the Debtor in connection with obtaining post
petition financing;
f) attend meetings and negotiate with representatives of
creditors, interest holders, and other parties in interest;
g) analyze executory contracts and unexpired leases, and
potential assumptions, assignments, or rejections of such contracts
and leases;
h) prepare pleadings in connection with the Chapter 11 Case,
including motions, applications, answers, orders, reports, and
papers necessary or otherwise beneficial to the administration of
the Debtor's estate;
i) advise the Debtor in connection with its proposed sale of
assets;
j) take necessary action on behalf of the Debtor to obtain
approval of a disclosure statement and confirmation of a chapter 11
plan;
k) appear before this Court or any appellate courts to protect
the interests of the Debtor's estate before those courts;
l) advise on corporate, litigation, regulatory, finance, tax,
employee benefits, and other legal matters; and
m) perform all other necessary legal services for the Debtor
in connection with the Chapter 11 Case.
The firm will be paid at these rates:
Partners $1,895 to $3,050 per hour
Counsel $1,815 to $2,550 per hour
Associates $945 to $1,850 per hour
Professional Staff $280 to $1,410 per hour
Paralegals $390 to $970 per hour
The firm will also be reimbursed for reasonable out-of-pocket
expenses incurred.
George Davis, a partner at Latham & Watkins, disclosed in a court
filing that the firm is a "disinterested person" as the term is
defined in Section 101(14) of
the Bankruptcy Code.
The firm can be reached at:
George A. Davis, Esq.
Latham & Watkins LLP
355 South Grand Avenue, Suite 100
Los Angeles, CA 90071-1560
Tel: (213) 485-1234
Fax: (213) 891-8763
About Vanderbilt Minerals, LLC
Vanderbilt Minerals, LLC supplies mineral and chemical products.
The Company offers ceramics, clay binders, mineral fillers, floor
finishes, paints, concrete, and lubricants. Vanderbilt Minerals
serves rubber, plastics, petroleum, paper, pharmaceutical,
agricultural, ceramics, adhesives, wire and cable, and cosmetics
industries worldwide.
Vanderbilt Minerals sought sought relief under Chapter 11 of the
U.S. Bankruptcy Code (Bankr. Case No. 26-60110 (WAK)) on February
16, 2026).
Charles J. Sullivan at Bond, Schoeneck & King, PLLC represents the
Debtor as legal counsel.
Kurtzman Carson Consultants, LLC (operating as Verita Global, LLC)
serves as claims agent. R.T. Vanderbilt Holding Company, Inc. is
the sole equity holder, owning 100% of the company.
VEYTIA VENTURES: Case Summary & 20 Largest Unsecured Creditors
--------------------------------------------------------------
Debtor: Veytia Ventures, LLC
128 Third Street South
Saint Petersburg, FL 33701
Business Description: Veytia Ventures, LLC operates Red Mesa
Cantina, a restaurant in St. Petersburg, Florida. The company
provides Mexican, Latin, Caribbean, and Modern Mexican food
service, with menu offerings that include ceviches, tacos, small
plates, brunch, kids' items, and bar selections. It also offers
catering, reservations, online ordering, gift cards, and event
hosting, serving occasions such as weddings, corporate events,
and special celebrations.
Chapter 11 Petition Date: June 1, 2026
Court: United States Bankruptcy Court
Middle District of Florida
Case No.: 26-04736
Debtor's Counsel: Kathleen L. DiSanto, Esq.
BUSH ROSS, P.A.
PO Box 3913
Tampa, FL 33601-3913
Tel: 813-224-9255
E-mail: kdisanto@bushross.com
Estimated Assets: $100,000 to $500,000
Estimated Liabilities: $1 million to $10 million
The petition was signed by Peter B. Veytia, Jr., as managing
member.
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/ZGXIVRY/Veytia_Ventures_LLC__flmbke-26-04736__0003.0.pdf?mcid=tGE4TAMA
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/G4R2EOY/Veytia_Ventures_LLC__flmbke-26-04736__0001.0.pdf?mcid=tGE4TAMA
W/L PROPERTIES: Hires Thomas P. Moriarty LLC as Special Counsel
---------------------------------------------------------------
W/L Properties L.L.C. seeks approval from the U.S. Bankruptcy Court
for the District of Connecticut to hire Thomas P. Moriarty, LLC, as
special counsel.
The firm's services include:
(a) advising the Debtor concerning, and assisting in the
re-negotiation and documentation of one or more commercial leases
on the real property located at 1379 Farmington Avenue, Bristol,
Connecticut; and
(b) closing the proposed sale of the aforesaid commercial real
property.
The firm will charge its customary hourly rate of $265 for attorney
time.
As disclosed in the court filings, neither the attorneys or Thomas
P. Moriarty, LLC nor its members or employees have any interest
adverse to the estate and are "disinterested persons" as that term
is defined by 11 U.S.C. Sec. 101(14).
The firm can be reached through:
Thomas P. Moriarty, Esq.
Thomas P. Moriarty, LLC
2230 Main Street
Glastonbury, CT 06033
Phone: (860) 657-1010
Fax: (860) 657-1011
Email: tom@mpslawfirm.com
About W/L Properties L.L.C.
W/L Properties L.L.C. is a single-asset real estate company that
owns The Shoppes at Larson Farm, a 59,201-square-foot retail plaza
at 1379 Farmington Avenue in Bristol, Connecticut. The property has
an estimated value of $13.49 million.
W/L Properties L.L.C. filed its voluntary petition for relief under
Chapter 11 of the Bankruptcy Code (Bankr. D. Conn. Case No.
26-20444) on May 1, 2026, listing $13,582,367 in assets and
$10,413,156 in liabilities. Stephen C. Larson signed the petition
as managing member.
Edward P. Jurkiewicz, Esq. at LAWRENCE & JURKIEWICZ, LLC serves as
the Debtor's counsel.
WATLOW ELECTRIC: S&P Alters Outlook to Positive, Affirms 'B' ICR
----------------------------------------------------------------
S&P Global Ratings affirmed its 'B' issuer credit rating on global
designer and manufacturer of thermal management solutions Watlow
Electric Manufacturing Co. and revised the outlook to positive from
stable.
At the same time, S&P assigned its 'B' issue-level rating and '3'
recovery rating to the company's proposed revolving credit facility
(RCF), first-lien term loan, and delayed draw term loan.
The positive outlook on Watlow reflects at least a one-in-three
likelihood of an upgrade if its financial policy and earnings
performance support credit measures such that its S&P Global
Ratings-adjusted debt to EBITDA is sustained well below 5x with
positive FOCF generation.
On June 3, 2026, Watlow Electric launched a refinancing
transaction, including a proposed $150 million revolving credit
facility (RCF) due 2031, a $715 million first-lien term loan due
2033, and a $75 million delayed draw term loan due 2033 (undrawn at
close).
The company plans to use proceeds from the term loan to repay
balances under its existing RCF and term loan facilities.
S&P said, "We forecast Watlow's S&P Global Ratings-adjusted
leverage to improve modestly below 5x in 2026 given the May 2026
conversion of the company's convertible preferred equity, which we
treated as debt, to common equity, and given our expectation for
recovery in the semiconductor end market.
"We forecast Watlow's revenue will improve in the high-teens
percent area in 2026, as the semiconductor end market recovers and
the company benefits from acquisitions. Over the past year,
Watlow's semiconductor segment (42% of total revenue) has been
pressured because of lower demand from a key customer for new
equipment. This, along with new export controls, caused customers
to push out projects, further affecting this segment.
"We anticipate this segment to recover in 2026. This key customer
is beginning to start capacity investments and original equipment
manufacturers (OEMs) in the semiconductor space are increasing
their capital expenditure (capex) due to strong demand across
AI-related and data center infrastructure. S&P Global Ratings
estimates major AI players will continue investing aggressively,
benefitting both chipmakers and data center infrastructure
providers. Moreso, as productivity gains from AI become more
evident, we believe companies will further accelerate their AI
spending. Therefore, we forecast significant capital spending to
continue into 2026. This, along with new product development, and
contributions from the Genes Tech acquisition will increase revenue
in the semiconductor segment around 30% in 2026."
Watlow benefits from significant barriers to entry due to the
highly engineered nature of its products and the substantial
switching costs associated with rigorous upfront testing
requirements. While customer concentration presents a risk—with
concentration within the company's top ten customers —this
bargaining power is mitigated by deep-seated, long-term
relationships. Furthermore, Watlow's role as a sole-source provider
and its increasing focus on 'spec'd in' engineered solutions reduce
price sensitivity among customers, allowing the company to maintain
dominant market positions.
S&P expects high-single-digit percent revenue growth in the
industrial segment in 2026, primarily due to continued tailwinds
from megatrends in energy transition, electrification, aerospace
and defense, and new product development. Additionally, the
incremental contributions from key business wins in 2025, expanding
product portfolio to meet growing international demand for
electrified industrial manufacturing solutions, and price increases
will further contribute to revenue growth in 2026.
S&P said, "We forecast Watlow will expand its S&P Global
Ratings-adjusted EBITDA margins to the 17% area in 2026, from 15%
in 2025. Driving this will be improved operating leverage from
higher volumes, higher prices, favorable product mix toward
higher-margin semiconductor products, acquisition synergies, and
the tapering of some operating expenses. We assume the roll-off of
some ERP software-related expenses, which we anticipate will be
completed in 2027, and lower restructuring costs. This growth is
partially offset by tariffs and inflationary costs. However, we
believe the company has the ability to pass on higher inflationary
costs, such as freight, if necessary, through additional prices
increases.
"We continue to believe the company's exposure to the semiconductor
end market and the industrial end markets overall are cyclical,
which could cause a significant reduction in profitability during
an industry downcycle." As a partial offset, the company serves the
medical, food service and refrigeration, and power generation
markets, which are typically less cyclical. Watlow's organic
semiconductor revenue declined significantly during the last
downturn in 2023 as customers destocked their high inventory
positions. In addition, end-user demand for consumer electronics
softened, which caused lower demand for semiconductors and wafer
fabrication equipment.
S&P said, "We forecast Watlow will generate good FOCF and its 2026
S&P Global Ratings-adjusted leverage to fall modestly below 5x,
with further improvement in 2027. In May 2026, the company
converted its $110 million of convertible preferred equity (which
we viewed as debt-like) to common equity. The convertible preferred
equity was issued to rolling shareholders as part of the 2021
acquisition by Tinicum. Our S&P Global Ratings-adjusted leverage
will no longer include the $110 million of convertible preferred
equity as debt, resulting in roughly 1x turn of lower S&P Global
Ratings-adjusted debt starting in 2026, all else equal. With our
forecast of improving adjusted EBITDA, we expect Watlow's S&P
Global Ratings-adjusted leverage will improve to the high-4x area
in 2026, with future improvement going forward. While we forecast
leverage under 5x, before considering higher ratings, we would want
to observe a track record of sustaining leverage comfortably below
5x to ensure cushion given the cyclicality in Watlow's end markets
and its customer concentration. Further, before considering higher
ratings, we would want to be confident that the company's financial
sponsor, Tinicum, would be committed to this level of leverage,
inclusive of acquisitions and shareholder returns. While we do not
expect Watlow to pursue debt-funded dividends given its track
record with other investments, we believe the company could
opportunistically pursue tuck-in acquisitions.
"Furthermore, we assume Watlow will generate good levels (around
$41 million) on unadjusted FOCF in 2026, improving further in 2027,
given our forecast for higher EBITDA generation and lower interest
expense due to the refinancing. Our forecast is notwithstanding our
assumption that working capital will continue to be a use of cash
to support growth, and for capex of around $30 million (or roughly
3% of sales)."
The positive outlook on Watlow reflects at least a one-in-three
likelihood of an upgrade if its financial policy and earnings
performance support credit measures such that its S&P Global
Ratings-adjusted debt to EBITDA is sustained well below 5x with
positive free operating cash flow generation.
S&P could revise the outlook back to stable on Watlow if:
-- S&P expects S&P Global Ratings-adjusted debt to EBITDA will be
maintained above 5x, which could occur if the semiconductor
industry contracts unexpectedly due to regulatory changes or
unanticipated cyclicality, or if the company loses market share
with key customers;
-- Management pursues a more aggressive financial policy, such as
issuing a debt-funded dividend to its financial sponsors or
undertaking additional debt-funded mergers and acquisitions; or
-- There is minimal FOCF generation.
S&P could raise its ratings on Watlow if:
-- The company increases its scale and scope to align with higher
rated peers;
-- Maintains a track record of sustaining leverage comfortably
below 5x, with a buffer to manage against inherent cyclicality;
and
-- The financial sponsors commit to maintaining leverage at less
than 5x throughout the business cycle, including shareholder
rewards and potential acquisitions.
WEST MARINE: Gets Interim OK to Use Cash Collateral
---------------------------------------------------
West Marine, Inc. and its affiliates received interim approval from
the U.S. Bankruptcy Court for the District of Delaware to use cash
collateral.
As an integrated retailer of marine and water sports products with
over 200 stores and 2,600 employees, the company entered bankruptcy
equipped with a Restructuring Support Agreement backed by a vast
majority of its core stakeholders, including 96.2% of its Term Loan
Lenders, 100% of its FILO Lenders, and 93.9% of its equity holders.
The RSA outlines a clear path forward that includes paying off or
converting ABL and FILO claims dollar-for-dollar, equitizing all
term loan claims into 100% of the reorganized company's equity, and
continuing a court-approved marketing process to explore potential
asset sales.
Crucially, the Debtors have initiated their restructuring without
seeking expensive debtor-in-possession financing, electing instead
to fund the administration of the cases entirely through cash on
hand and peak-season operational revenue.
West Marine commenced its Chapter 11 proceedings with approximately
$21.5 million in cash, which constitutes prepetition cash
collateral. Against an estimated average weekly disbursement of
$12.5 million over the first thirteen weeks, the Debtors emphasized
that immediate and uninterrupted access to this cash collateral is
vital to buy inventory, maintain payroll, preserve vendor and
customer relationships, and prevent an immediate cessation of
business that would lead to a value-destroying liquidation.
To secure this consensual cash access, the Debtors negotiated a
comprehensive adequate protection package for their prepetition
secured parties, split between ABL and Term Loan interests. The
Prepetition ABL Secured Parties (represented by Eclipse Business
Capital LLC) and Prepetition Term Loan Secured Parties (represented
by Wilmington Savings Fund Society, FSB) are granted automatically
perfected, superpriority replacement liens and Section 507(b)
administrative expense claims on the Debtors' assets, structured
hierarchically to mirror prepetition intercreditor priorities.
These protections specifically exclude direct liens on real
property leaseholds and landlord security deposits, though they do
attach to any proceeds generated from lease dispositions.
Furthermore, the ABL lenders will receive current cash payments for
accrued interest at contractual non-default rates starting this
month, while the Term Loan lenders will receive their postpetition
interest payments in kind.
The agreement strictly binds the Debtors to an approved 13-week
budget and establishes clear mechanisms to pay down prepetition
debt out of excess operations. West Marine must submit weekly
borrowing base calculations; if a deficit occurs, a mandatory
permanent prepayment must be made to cover the shortfall.
Additionally, the Debtors are required to make weekly "Excess Cash
Payments" to the ABL agent, remitting any consolidated cash balance
that exceeds $20 million (excluding a funded reserve account).
Rigorous information-sharing and reporting requirements regarding
asset monetization, "Going Out of Business" store sales, and
marketing process bids are also required. Any failure to meet these
strict budget variances or the case milestones outlined in the RSA
will trigger a Cash Collateral Termination Event. Legal fees and
expenses for the prepetition agents will also be paid currently by
the debtors as part of the negotiated adequate protection.
The final hearing is set for June 11.
The order is available at
http://bankrupt.com/misc/WestMarine_ICCOrder.pdf
About West Marine
Inc.
West Marine Inc. is a U.S.-based marine retail company specializing
in boating, fishing and marine maintenance products. Established in
1968, the company operates one of the country's largest networks of
boating supply stores, offering products ranging from marine
electronics and navigation tools to fishing accessories, apparel
and safety equipment.
West Marine Inc. and certain of its affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case
No. 26-10794) on May 17, 2026. In its petition, the Debtor
reported estimated total assets of $500 million to $1 billion and
estimated liabilities of $500 million to $1 billion. The
petition was signed by Paulee Day as chief executive officer.
The Debtors' restructuring counsel is Young Conaway Stargatt
Taylor, LLP and their co-bankruptcy counsel is Kirkland & Ellis
LLP. The Debtors tapped Triple P Securities, LLC as their
investment banker. FTI Consulting Inc. is the Debtors'
restructuring advisor. The Debtors' claims and noticing agent is
Kurtzman Carson Consultants LLC dba Verita Global. Hilco
Merchant Resource LLC and Hilco Real Estate LLC is the Debtors'
real estate advisor and liquidator.
A copy of the motion is available at https://urlcurt.com/u?l=pvXbec
from PacerMonitor.com.
About West Marine
Inc.
West Marine Inc. is a U.S.-based marine retail company specializing
in boating, fishing and marine maintenance products. Established in
1968, the company operates one of the country's largest networks of
boating supply stores, offering products ranging from marine
electronics and navigation tools to fishing accessories, apparel
and safety equipment.
West Marine Inc. and certain of its affiliates sought relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. D. Del. Lead Case
No. 26-10794) on May 17, 2026. In its petition, the Debtor
reported estimated total assets of $500 million to $1 billion and
estimated liabilities of $500 million to $1 billion. The
petition was signed by Paulee Day as chief executive officer.
The Debtors' restructuring counsel is Young Conaway Stargatt
Taylor, LLP and their co-bankruptcy counsel is Kirkland & Ellis
LLP. The Debtors tapped Triple P Securities, LLC as their
investment banker. FTI Consulting Inc. is the Debtors'
restructuring advisor. The Debtors' claims and noticing agent is
Kurtzman Carson Consultants LLC dba Verita Global. Hilco
Merchant Resource LLC and Hilco Real Estate LLC is the Debtors'
real estate advisor and liquidator.
WHIRLPOOL CORP: S&P Lowers Senior Unsecured Notes Rating to 'B+'
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S&P Global Ratings affirmed its 'BB+' rating on Whirlpool Corp.'s
upsized $2 billion second-lien senior secured notes issuance,
consisting of $1 billion of notes due 2031 and $1 billion of notes
due 2034. The recovery rating remains '1', indicating a very high
(90%-100%, rounded estimate: 95%) likelihood of recovery in the
event of default.
S&P said, "We also lowered our issue rating on Whirlpool's senior
unsecured notes to 'B+' from 'BB-' due to the higher amount of
priority obligations in the debt capital structure. We revised the
recovery rating to '5' (10%-30%, rounded estimate: 25%) from '4'
(30%-50%, rounded estimate: 35%), implying modest recovery in the
event of default."
S&P's BB- issuer credit rating and negative outlook are unchanged.
Issue Ratings--Recovery Analysis
Key analytical factors
The pro forma debt capital structure consists of:
-- Proposed $2.0 billion asset-based lending (ABL) facility
expiring in 2031;
-- Proposed $2.0 billion of second-lien senior secured notes
consisting of $1.0 billion of notes due 2031 and $1.0 billion of
notes due 2034;
-- $4.9 billion of senior unsecured notes maturing between
2028-2050; and
-- Receivable securitization facilities with assumed $155 million
seasonal low point borrowings.
Simulated default assumptions
S&P's simulated default scenario assumes a default in 2030,
reflecting protracted weak economic conditions, poor housing
demand, volatile input costs, and stringent demands from large
retailers. These factors cause significant EBITDA and cash flow
deterioration, resulting in a payment default.
Security and guarantee package
The borrowers under the proposed five-year $2 billion ABL include
Whirlpool Corp., InSinkErator LLC, KitchenAid Global LLC, Whirlpool
Properties Inc., and Maytag Properties LLC. Guarantors include
certain wholly owned U.S. and Canadian subsidiaries.
Utilization under the ABL facility is secured by first-priority
security interests in substantially all assets of the company and
its material subsidiaries, including accounts receivable,
inventory, and intellectual property (IP), but excluding assets
subject to limitations under indentures governing the company or
its subsidiaries' senior note indentures. These excluded assets
consist of certain manufacturing properties located in the U.S., as
defined in the indenture.
Under the ABL, there is a maturity reserve for indebtedness with a
principal balance exceeding $500 million that remains outstanding
more than 91 days prior to the maturity of such debt. This
mechanism is meant to reserve sufficient ABL availability to repay
such debt at maturity. In addition, S&P assumes approximately $280
million of letters of credit related to synthetic leases will be
replaced over the next few months with traditional leases.
The borrowing base includes (after haircuts and exclusions) the net
orderly liquidation value of eligible semifinished and finished
goods inventory, eligible raw material inventory, eligible service
parts inventory, eligible in-transit inventory, and qualified loan
parties' eligible machinery and equipment subject to a combined cap
with IP collateral.
Borrowers under the proposed $2 billion of second-lien secured
notes will be the same as the ABL facility. Note holders will have
a second-priority security interest on the same assets that secure
the first-priority ABL. Like the ABL, the collateral will exclude
assets subject to lien limitations under the senior unsecured note
indentures.
The borrower of the senior unsecured notes is Whirlpool, with the
exception of about EUR1.6 billion of notes issued by finance
subsidiaries Whirlpool Finance Luxembourg S.a.r.l. and Whirlpool
EMEA Finance S.a.r.l., which are guaranteed by Whirlpool. The
senior unsecured notes would be required to be repurchased if there
were both a change of control and a below-investment-grade rating
event by any two of three rating agencies. S&P believes this would
include a further lowering of Whirlpool's already speculative-grade
senior unsecured note rating resulting from a change of control.
Insolvency regime
S&P said, "In the event of an insolvency proceeding, we assume
Whirlpool would file for bankruptcy protection under the auspices
of the U.S. federal bankruptcy court system and not involve other
foreign jurisdictions. We believe creditors would receive maximum
recovery in a payment default if Whirlpool reorganized instead of
liquidated. This is primarily because of its well-recognized
brands, significant manufacturing footprint, and established
relationships with large national retailers."
Valuation
-- Emergence EBITDA: $865 million
-- Multiple: 6x
-- Gross emergence enterprise value: $5,189 million
Simplified waterfall
-- Net recovery value (after 5% administrative expenses): $4,930
million
-- Valuation split (obligor/nonobligor; including estimated value
of lien limitation): 78%/22%
-- Priority obligations (securitizations and ABL): $1,386 million
--Priority recovery expectations: Not rated
-- Senior secured note claims: $2,079 million
-- Value available for senior secured claims: $2,461 million
--Senior secured recovery expectation: 90%-100% (rounded
estimate: 95%)
-- Senior unsecured note claims: $5,031 million
-- Value available for senior unsecured claims: $1,464 million
--Senior unsecured recovery expectation: 10%-30% (rounded
estimate: 25%)
Note: All debt amounts include six months of prepetition interest.
WOLVERINE WORLD: Moody's Ups CFR to 'B1', Outlook Stable
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Moody's Ratings upgraded Wolverine World Wide, Inc.'s (Wolverine)
ratings, including the corporate family rating to B1 from B2,
probability of default rating to B1-PD from B2-PD, and senior
unsecured global notes rating to B2 from B3. The speculative-grade
liquidity rating (SGL) was upgraded to SGL-2 from SGL-3 and the
outlook remains stable.
The upgrades reflect Wolverine's improved operating performance,
leverage and liquidity, supported by the turnaround in its two
largest brands, Merrell and Saucony. The upgrades also incorporate
governance considerations, including the company's continued debt
reduction. Moody's-adjusted debt/EBITDA declined to 4.1x as of
April 04, 2026 from 5.3x as of June 30, 2025, while EBITA/interest
expense improved to 3.7x from 2.8x. Merrell and Saucony, which
represent almost two-thirds of revenue, continue to benefit from
product innovation, broader distribution and strong sell-through,
with Merrell supported by momentum in hiking and trail running and
Saucony by strength in both performance running and lifestyle.
The SGL upgrade to SGL-2 from SGL-3 reflects Moody's expectations
for good liquidity over the next 12-18 months, including $60-80
million of annual free cash flow, significant availability under
the $600 million revolving credit facility, ample covenant cushion
and no near-term debt maturities.
RATINGS RATIONALE
Wolverine's B1 CFR reflects the company's ownership of Merrell and
Saucony, which are well-recognized brands in the outdoor and
running categories, respectively. The company's turnaround and
portfolio rationalization since 2024 has significantly improved
profitability. Merrell and Saucony drove a significant portion of
earnings growth, reflecting reduced promotions, improved planning
and supply chain processes, product innovation, marketing, new
retail and wholesale distribution, and information technology
investment. Over the next 12-18 months, Moody's expects
mid-single-digit revenue and earnings growth, supported by Merrell
and Saucony and gradual stabilization and improvement in the rest
of the portfolio, partly offset by higher costs including
marketing. Moody's projects Moody's-adjusted debt/EBITDA to decline
to mid-3x over the next 12-18 months reflecting earnings
improvement and revolver paydown, while EBITA/interest expense
improves to mid-4x.
At the same time, Wolverine's brands have limited scale and operate
in highly competitive and fashion-sensitive footwear and apparel
categories. In addition, the company has yet to turn around its
smaller brands. Sweaty Betty is stabilizing by reinvesting in its
core UK market, and the Wolverine brand has continued to decline.
The company's other brands, representing about 16% of revenue, are
very small and have low direct-to-consumer penetration, limiting
their ability to leverage customer insights. The company is also
subject to social and environmental risks, including remaining
remediation and litigation exposure related to per- and
polyfluoroalkyl substances (PFAS) at its former tannery facility.
The stable outlook reflects Moody's expectations for earnings
growth, debt reduction and at least good liquidity.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATINGS
The ratings could be upgraded if the company commits to a balanced
financial policy that supports low leverage and very good
liquidity, including strong positive free cash flow generation. An
upgrade would also require revenue and operating profit growth in
Wolverine's key brands. Quantitative measures include
Moody's-adjusted debt/EBITDA sustained below 3.5x and
EBITA/interest expense maintained above 3.25x.
The ratings could be downgraded if operating performance or
liquidity weaken, or if there are material adverse regulatory or
litigation developments related to the company's environmental
liabilities. Quantitative measures include Moody's-adjusted
debt/EBITDA above 4.5x or EBITA/interest expense below 2.25x.
Headquartered in Rockford, Michigan, Wolverine World Wide, Inc. is
a designer, marketer and distributor of footwear, apparel and
accessories. The company's brands include Merrell, Saucony, Sweaty
Betty and Wolverine, along with workwear brands such as Cat, Bates,
Harley-Davidson and HyTest. Revenue for the last twelve months
ended April 04, 2026 was about $1.9 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.
WORTHINGTON STEEL: Moody's Rates New $900MM Sr. Secured Notes 'B2'
------------------------------------------------------------------
Moody's Ratings assigned a B2 rating to Worthington Steel, Inc.'s
(Worthington Steel) proposed $900 million backed senior secured
notes due 2033. The company plans to use the proceeds from the
notes issuance and its B2 rated backed senior secured term loan B
to fund the closing date consideration required to complete the
purchase of the majority of the shares in Kloeckner & Co
(Kloeckner), and to fund share purchases and other compensation to
the remaining minority shareholders following the closing date.
Worthington Steel's B1 corporate family rating, B1-PD probability
of default ratings, the B2 rating on the backed senior secured term
loan B, its Speculative Grade Liquidity Rating (SGL) of SGL-2 and
its stable outlook remain unchanged.
RATINGS RATIONALE
Worthington Steel's B1 corporate family rating is supported by its
strong pro forma market position as the second largest metals
service center in North America and the high percentage of value
added processing it performs on the metal it sells. It also
reflects its pro forma cash generating potential, its enhanced
product and end market diversity, potential synergies which the
company estimates at about $150 million, and its growth prospects
from ongoing investments in new facilities and value added
capabilities. The company's credit profile also benefits from
countercyclical cash flows as working capital often becomes a
source of cash during periods of product pricing and demand
weakness.
Worthington Steel's rating is constrained by the company's high pro
forma leverage and low profit margins due to the debt funded
acquisition of Kloeckner at a high multiple of earnings considering
the company's weak profit margins and high exposure to slower
growing European markets. Worthington Steel indicated the
enterprise value of the transaction at about $2.4 billion when it
announced the deal in January 2026. Moody's estimates Kloeckner's
2025 adjusted EBITDA was about $250 million excluding its money
losing Becker business that it is in the process of selling.
Therefore, the acquisition price was about 9.5x trailing EBITDA for
a company with an EBITDA margin of around 4.0%. The acquisition is
also a somewhat complex and lengthy transaction that will result in
certain shareholders continuing to hold equity positions in
Kloeckner and requiring the payment of a relatively high dividend
yield to those shareholders. The company's ratings also reflect the
integration risks related to this acquisition and the variability
in its operating performance, which is often influenced by metals
price volatility and end market cyclicality.
Moody's estimates Worthington Steel will generate around $475
million in pro forma adjusted EBITDA, including Moody's standard
adjustments, for the fiscal year ending May 30, 2026, excluding the
losses from Becker. The company could achieve earnings growth in
fiscal 2027 supported by synergies and investments in expanded
capacity and value-added capabilities. Nevertheless, this will be
contingent on continued economic growth and relatively stable
metals prices since both can materially impact earnings and have
led to elevated earnings volatility historically. If Worthington
Steel can achieve around $500 million in adjusted EBITDA and uses
its free cash flow to pay down debt, then its Moody's-adjusted
leverage ratio (Debt/EBITDA) will be around 5.0x, its interest
coverage ratio about 3.5x (EBITDA/Interest) and EBIT margins below
3.0%. These metrics will be commensurate with the B1 rating.
Worthington Steel and Kloeckner have both been inconsistent in
their cash generation historically with free cash flow dictated by
end market demand, product pricing and working capital investments.
While Worthington Steel will implement best practices at Kloeckner
and likely improve its working capital management, Moody's still
anticipate free cash flow will remain volatile due to the
countercyclical cash flows evident in the metals service center
business model. Moody's anticipates the company will use its free
cash beyond that required to fund its common dividend of about $30
million and any dividends to be paid to remaining Kloeckner
minority shareholders, to pay down debt.
The company's Speculative Grade Liquidity rating of SGL-2 indicates
it is expected to maintain a good liquidity profile on a pro forma
basis, which assumes a portion of the proceeds from the term loan B
are used to pay down revolver borrowings. Worthington Steel had a
cash balance of $90 million and $150 million of availability on its
unrated $550 million ABL revolver, which had $193 million of
borrowings outstanding as of February 2026. The borrowing base was
limited to $343 million based on the amount of eligible accounts
receivable and inventory. The company increased its revolver
borrowings in the quarter ended February 2026 to fund the purchase
of Kloeckner shares.
The company plans to establish a new $1.2 billion unrated ABL
revolver when it completes the Kloeckner acquisition process. This
will be equal to the size of the current Worthington Steel ($550
million) and Kloeckner ($650 million) borrowing facilities. Moody's
anticipates ample availability on a pro forma basis.
The senior secured notes and the term loan B have a rating of B2,
which is one notch below the B1 CFR and reflects their lower
priority position versus the Worthington Steel and Kloeckner ABL
facilities and a number of local lending facilities at foreign
operating subsidiaries. The senior secured notes and the term loan
B will be secured by a second priority lien on the ABL collateral
(inventory & receivables) and a first priority lien on
substantially all tangible and intangible assets, and a pledge of
shares held in Kloeckner.
The stable ratings outlook reflects Moody's expectations that pro
forma credit metrics will be commensurate with the current rating
and the company will use its free cash flow to pay down debt.
FACTORS THAT COULD LEAD TO AN UPGRADE OR DOWNGRADE OF THE RATING
An upgrade could be considered if Moody's adjusted leverage were to
be sustained below 4.0x, EBIT margins sustained above 5.0%, and the
company consistently generates positive free cash flow and reduces
gross debt.
The ratings could be downgraded if Moody's adjusted leverage were
to be sustained above 5.0x, EBIT margins sustained below 3.0%, or
if the company experiences a significant deterioration in its
liquidity. More aggressive financial policies such as debt-financed
dividends, share repurchases or acquisitions could also result in a
downgrade.
Worthington Steel, Inc. is based in Columbus, Ohio and will be one
of the largest metals service centers in North America with
operations in Europe and Asia on a pro forma basis after the
completion of the acquisition of Kloeckner. Worthington Steel is a
value-added processor of carbon flat-rolled steel and a producer of
laser welded solutions and electrical steel laminations with
locations in North America, Europe and Asia. Kloeckner is a
processor and distributor of hot rolled products, structural steel,
sheet, pipe, plate, electrical steel, aluminum and stainless steel
products in North America and Europe. Pro forma revenues for the
combined companies are around $10.0 billion.
The principal methodology used in these ratings was Distribution
and Supply Chain Services published in November 2025.
Worthington Steel's corporate family rating of B1 is three notches
below the scorecard-indicated outcome of Ba1 for the LTM period
ended November 30, 2025. The scorecard indicated outcome for the
LTM period does not reflect the pro forma metrics after the
completion of the debt funded acquisition of Kloeckner, which
results in forward looking metrics that are in line with the
assigned B1 rating.
WS ESCROW: Fitch Rates Proposed $900MM Sr. Secured Notes 'BB+'
--------------------------------------------------------------
Fitch Ratings has assigned a 'BB+' rating with a Recovery Rating of
'RR2' to WS Escrow LLC's proposed $900 million senior secured
notes. WS Escrow LLC is a wholly owned subsidiary of Worthington
Steel, Inc. Proceeds of the proposed notes will be held in escrow
pending the closing of the acquisition by Worthington Steel of
Klockner & Co. SE. The escrowed funds, along with proceeds of the
recently rated new Worthington Steel term loan, will be used to
finance the acquisition.
The ratings reflect Worthington Steel's size as the second-largest
North American service center, its scale, and operational and
geographic diversification, pro forma for the Kloeckner
acquisition. The Stable Rating Outlook reflects Fitch's view that
Worthington Steel will deleverage through debt repayment and
earnings growth for an EBITDA leverage below 3.5x by fiscal YE 2029
and maintain EBITDA margins around 6%.
Key Rating Drivers
Pari Passu with Term Loan: When the acquisition closes, WS Escrow
LLC will merge into Worthington Steel with Worthington Steel as the
survivor and obligor under the notes. Supplemental guarantee and
security agreements will be executed and delivered, and the notes
will be pari passu with the recently rated Worthington Steel term
loan. If the acquisition fails to close by March 12, 2027, the
escrowed funds will be used to redeem the notes.
Kloeckner Acquisition Brings Scale/Leverage: Fitch believes the
Kloeckner acquisition will improve Worthington Steel's geographic
and product diversification while increasing scale, thereby adding
operating flexibility and further margin resilience across cycles.
Kloeckner's operations will strengthen Worthington Steel's core
competencies in carbon flat-roll and electrical steel and expand
its product portfolio to include aluminum, stainless, long products
and downstream fabrication. It will also extend its footprint,
particularly in the Southern U.S.
The acquisition will increase financial leverage significantly
above Worthington Steel's historical range. Kloeckner has higher
financial leverage and the acquisition will be debt funded, which
Fitch expects will result in pro forma EBITDA leverage over 4.0x.
This compares to about 1.1x currently and less than 1.0x
historically. The company aims to reduce net leverage to 2.5x
within 24 months of the acquisition closing.
Synergies/Integration Track Record: Fitch believes the USD150
million run-rate synergies target by the end of fiscal 2028 (May
31, 2028) is reasonable, does not rely on significant changes to
footprint, and is roughly half under the company's control and not
dependent on market improvement. The company has a track record of
successful acquisition integration and a dedicated team. Fitch
assumes half of the target in its rating case.
Deleveraging Capacity: Fitch expects FCF to be over USD200 million
per year on average beginning in fiscal 2028, bolstered by prior
capital programs at each company to grow value-added processing and
prior divestiture of non-core operations. Fitch expects the company
to maintain its dividend at current levels and for capex to be less
than USD120 million per year beginning in fiscal 2028. Improvements
in working capital efficiency and additional portfolio actions
would speed deleveraging but are not included in Fitch's rating
case.
Subdued Macro Environment/Cyclical Exposure: Fitch believes
Worthington Steel will have sufficient flexibility to cut variable
costs, delay investment spending and reduce working capital to
weather downturns. About 30% of pro forma revenues are exposed to
the automotive sector and roughly 20% are exposed to construction.
Fitch expects fairly stable auto sales and a gradual recovery in
non-residential construction and sustained public infrastructure
spending.
Balanced Financial Policies: The company has a commitment to
deleveraging and maintaining its dividend. Fitch expects
Worthington Steel to focus on the integration and capture of
synergies as well as debt repayment post-acquisition. Fitch expects
it to pursue further M&A and shareholder returns once targets are
met.
Peer Analysis
Worthington Steel's operational profile is most comparable to those
of metals service center companies Ryerson Holding Corporation
(BB/Stable) and Reliance, Inc. (BBB+/Stable). Worthington Steel,
pro forma for the acquisition of Kloeckner, ranks second in the
highly fragmented North American service center industry in terms
of sales. Reliance is the largest with more than 1.5x the sales of
pro forma Worthington Steel. Ryerson, pro forma for the acquisition
of Olympic Steel, Inc., is the third largest.
The companies have similar underlying volumetric risk resulting
from their exposure to cyclical end markets, relatively stable
margins, and low annual capex requirements. Pro forma Worthington
Steel has higher margins than pro forma Ryerson but will have
higher EBITDA leverage after the transaction before deleveraging.
Both pro forma Worthington and pro forma Ryerson have lower margins
and higher EBITDA leverage than Reliance.
Fitch's Key Rating-Case Assumptions
- The Kloeckner acquisition closes on June 1, 2026, under the
disclosed terms and financed in part with the proposed notes and
new term loan;
- WS Escrow LLC merges into Worthington Steel, Inc. with
Worthington Steel, Inc. as the survivor;
- Shipments grow at about 2% per year on average through 2030;
- Modest growth in average selling prices on mix and improved
demand;
- EBITDA margin averages about 6%, including 50% of expected
synergies;
- New pari passu senior secured debt aggregating USD1.4 billion;
- No increase in dividends;
- In fiscal 2030, Sitem Group non-controlling interest exercise
their put requiring payment of about USD97 million;
- No additional acquisitions;
- Excess cash used to repay debt.
Corporate Rating Tool Inputs and Scores
Fitch scored Worthington Steel, Inc. as follows, using its
Corporate Rating Tool (CRT) to produce the Standalone Credit
Profile (SCP):
- Business and financial profile factors (assessment, relative
importance): Management (bbb, Lower), Sector Characteristics (bb+,
Moderate), Market and Competitive Positioning (bb, Higher),
Diversification and Asset Quality (bb+, Moderate), Company
Operational Characteristics (bbb-, Moderate), Profitability (b+,
Moderate), Financial Structure (bb, Moderate), and Financial
Flexibility (bb, Moderate).
- The quantitative financial subfactors are based on custom CRT
financial period parameters: 20% weight for the forecast year 2025,
20% for the forecast year 2026, 20% for the forecast year 2027, 20%
for the forecast year 2028 and 20% for the forecast year 2029.
- The Governance assessment of 'Good' results in no adjustment.
- The Operating Environment assessment of 'aa-' results in no
adjustment.
- The SCP is 'bb'.
To derive the Long-Term IDR:
- Fitch made no adjustments to the SCP, resulting in an IDR of
'BB'.
RATING SENSITIVITIES
Factors that Could, Individually or Collectively, Lead to Negative
Rating Action/Downgrade
- EBITDA leverage sustained above 4.0x;
- EBITDA margins sustained below 5%;
- Sustained negative FCF.
Factors that Could, Individually or Collectively, Lead to Positive
Rating Action/Upgrade
- EBITDA leverage sustained below 3.0x;
- EBITDA margins sustainably at or above 7%, driven by increasing
levels of value-added processing;
- Increase in size and scale.
Liquidity and Debt Structure
Fitch believes the combined company will generate USD629 million in
aggregate FCF from June 1, 2026, through May 31, 2030, and will use
this to repay debt. Availability under various credit facilities
supports working capital and short-term liquidity requirements.
As of Feb. 28, 2026, Worthington Steel had USD90 million of cash on
hand and USD150.5 million was available under the company's
existing USD550 million ABL RCF due in 2028 after borrowings of
USD193 million and accounting for the borrowing base.
As of Dec. 31, 2025, Kloeckner had EUR60 million in cash and
availability of EUR215 million under a EUR350 million syndicated
loan facility due 2028, USD358 million available under the USD650
million U.S. ABL facility due 2027, USD25 million available under
the USD115 Mexican ABL due 2028, EUR62 million available under the
EUR100 million asset based securitization facility due 2028, and
CHF130 million available under the CHF200 million unsecured
syndicated facility due 2029.
Shortly after closing, Worthington Steel will replace its existing
USD550 million ABL with a new, five-year USD550 million ABL
facility. Upon merging Worthington Steel's and Kloeckner's capital
structure, the new ABL will increase to USD1.2 billion and replace
in full the USD650 million Kloeckner U.S. ABL.
Issuer Profile
Worthington Steel is a leading U.S. independent intermediate carbon
flat-rolled steel processor with 37 facilities (19 in the U.S.).
The Kloeckner acquisition will add about 110 locations across North
America and Europe.
MACROECONOMIC ASSUMPTIONS AND SECTOR FORECASTS
Fitch's latest quarterly Global Corporates Sector Forecasts Monitor
data file which aggregates key data points used in its credit
analysis. Fitch's macroeconomic forecasts, commodity price
assumptions, default rate forecasts, sector key performance
indicators and sector-level forecasts are among the data items
included.
Climate Vulnerability Signals
The results of its Climate.VS screener did not indicate an elevated
risk for Worthington Steel, Inc.
ESG Considerations
The highest level of ESG credit relevance is a score of '3', unless
otherwise disclosed in this section. A score of '3' means ESG
issues are credit-neutral or have only a minimal credit impact on
the entity, either due to their nature or the way in which they are
being managed by the entity. Fitch's ESG Relevance Scores are not
inputs in the rating process; they are an observation on the
relevance and materiality of ESG factors in the rating decision.
Entity/Debt Rating Recovery
----------- ------ --------
WS Escrow LLC
senior secured LT BB+ New Rating RR2
XCF GLOBAL: Private Placement to Raise $4 Million
-------------------------------------------------
XCF Global Inc. entered private-placement agreements to issue
26,666,680 shares of common stock for total gross proceeds of about
$4 million, according to a Form 8-K filing with the Securities and
Exchange Commission.
The company agreed to sell 13,333,340 Class A common shares to
Brown Stone Capital Ltd. at 15 cents a share for about $2 million
in gross proceeds.
XCF separately agreed to sell 13,333,340 shares to EEME Energy SPV
I LLC at the same price for about $2 million in gross proceeds.
In a press release furnished with the filing, XCF said it completed
key upgrade work at its New Rise Reno refinery and that the
facility is in the final phase of its planned conversion. The
company said it believes production will resume in early June,
subject to catalyst receipt, final commissioning and standard
start-up procedures.
About XCF Global
XCF Global is a U.S.-based producer of renewable diesel and
sustainable aviation fuel focused on decarbonizing transportation
and supporting domestic fuel supply. Its flagship facility is New
Rise Renewables Reno, which the company has described as having
permitted nameplate production capacity of 38 million gallons per
year. The company is pursuing expansion opportunities in Nevada,
North Carolina and Florida.
Grant Thornton LLP, in an audit report dated March 31, 2026,
included a going concern paragraph, citing the company's history of
operating losses since inception and management's expectation that
losses and negative cash flow will continue for the foreseeable
future. Those conditions, along with other factors, raised
substantial doubt about the company's ability to continue as a
going concern.
As of March 31, 2026, XCF Global reported total assets of $402.96
million, total liabilities of $377.65 million and stockholders’
equity of $25.31 million.
Y&J MICHELE: Case Summary & 15 Unsecured Creditors
--------------------------------------------------
Debtor: Y&J Michele Way LLC
1900 S. Norfolk Street, Suite 350
San Mateo, CA 94403
Business Description: Y&J Michele Way LLC holds an equitable
interest in a mixed-use condominium building
at 4115 El Camino Real Palo Alto, Calif.
Chapter 11 Petition Date: May 28, 2026
Court: United States Bankruptcy Court
Northern District of California
Case No.: 26-30466
Judge: Hon. William J. Lafferty
Debtor's Counsel: Robert L. Goldstein, Esq.
LAW OFFICES OF ROBERT L. GOLDSTEIN
100 Bush Street, Suite 501
San Francisco, CA 94104
Tel: 415-391-8710
Fax: 415-391-8701
E-mail: rgoldstein@taxexit.com
Total Assets: $22,580,223
Total Liabilities: $23,481,638
The petition was signed by Yan Xiao as managing member.
A full-text copy of the petition is available for free on
PacerMonitor at:
https://www.pacermonitor.com/view/5KUXXBI/Y__J_Michele_Way_LLC__canbke-26-30466__0001.0.pdf?mcid=tGE4TAMA
List of Debtor's 15 Unsecured Creditors:
Entity Nature of Claim Claim Amount
1. Li Jun $2,000,000
20 Caldecott Close
Singapore 299130
2. F&F Steel $50,064
1775 Monterey Highway
Building 46A
San Jose, CA 95112
3. Aegis Fire Systems $29,449
500 Boulder Court
Suite A
Pleasanton, CA 94566
4. Schindler Elevators $28,382
555 McCormick Street
San Leandro, CA 94577
5. Express Plumbing $24,430
307 N. Amphlett Blvd.
San Mateo, CA 94401
6. Door Systems $14,969
587 Division Street
Campbell, CA 95008
7. Trojan Systems, Inc. $13,763
60 Rickenbacker Circle
Livermore, CA 94550
8. Westec Electric $11,260
2102 Walsh Street
Suite G
Santa Clara, CA 95050
9. Detailed Custom Painting $10,633
1941 Everglade Avenue
San Jose, CA 95122
10. Klaus Multiparking $7,592
2930 Domingo Ave
#201
Berkeley, CA 94705
11. South Bay Glass $5,000
3155 S. Bascom Avenue
Unit A
Campbell, CA 95008
12. Aus Decking, Inc. $4,278
2979 Promenade St.
#200
West Sacramento, CA 95691
13. Flying Locksmiths $2,587
6412 Spring
Meadow Court
San Jose, CA 95135
14. Geer Excavating $2,425
690 Aldo Avenue
Santa Clara, CA 95054
15. City Rise Safety $736
44800 Industrial Drive
Fremont, CA 94538
ZONED PROPERTIES: Salberg & Company Raises Going Concern Doubt
--------------------------------------------------------------
Zoned Properties, Inc. filed its Annual Report on Form 10-K for the
fiscal year ended December 31, 2025 with the U.S. Securities and
Exchange Commission earlier this year. The audited report contains
a blunt warning: conditions exist that raise substantial doubt
about its ability to continue as a going concern.
As reflected in the consolidated financial statements, the Company
had a net loss of $2.85 million and had cash provided by operations
of $781,476 during the year ended December 31, 2025.
The Company generated total revenue of $4.14 million in 2025,
compared to a revenue of $3.79 million in 2024.
Boca Raton, Florida-based Salberg & Company, P.A., the Company's
auditor since 2024, issued a "going concern" qualification in its
report dated April 1, 2026, attached to the Company's Annual Report
for the fiscal year ended December 31, 2025, citing that the
Company had a net loss of $2.85 million. Furthermore, in December
2025 and January 2026 the Company entered into an agreement with a
third party and with a related party management group,
respectively, to sell all its assets. The closings are contingent
on certain events occurring. If the Company sells some or all of
its properties, it will have minimal or no operations. These
matters raise substantial doubt about the Company's ability to
continue as a going concern.
Additionally, as of December 31, 2025, the Company had cash of
$837,767 and stockholders' equity of $3.07 million. Furthermore, on
December 31, 2025 and effective January 1, 2026, the Company
entered into Amended and Restated Absolute Net Lease Agreements
with certain tenants... The Amended and Restated Absolute Net Lease
Agreements include, among other provisions:
(i) a right of first refusal with a right of first refusal
period of up to 60 days and
(ii) a short-term exclusive option that permits the tenant to
purchase, on an all-or-none basis, three leased properties (Chino
Valley, Green Valley and Kingman).
The Purchase Option originally stated that the Purchase Option may
be exercised during an option period ending March 30, 2026;
however, the parties have subsequently agreed that optionee will
have until April 10, 2026 to exercise the Purchase Option, and if
exercised, requires a closing no later than June 30, 2026.
Additionally, on January 15, 2026, the Company and its subsidiaries
entered into an Asset Purchase Agreement to sell substantially all
of its properties to a Company owned by management... The closing
of the Asset Purchase Agreement is contingent upon the Buyer
obtaining financing. If the Company sells some or all of its
properties, it will have minimal or no operations. These factors
raise substantial doubt about the Company's ability to continue as
a going concern for the next 12 months.
There can be no assurance that the Company will sell its
properties. If the Company sells its properties, the Company's cash
flow provided by operating activities would decrease substantially
and the Company may need to raise capital through debt and/or
equity financings to fund any ongoing operations, may need to
curtail its operations, or may decide the liquidate the Company.
A full text copy of the Company's Form 10-K is available at
http://tiny.cc/mv64101
About Zoned Properties, Inc
Zoned Properties is a technology-driven property investment Company
focused on acquiring value-added real estate within the regulated
cannabis industry in the United States. Headquartered in
Scottsdale, Arizona, Zoned Properties is redefining the approach to
commercial real estate investment through its standardized
investment model backed by its proprietary property technology.
Zoned Properties has developed a national ecosystem of real estate
services to support its real estate development model, including a
commercial real estate brokerage and a real estate advisory
practice.
As of December 31, 2025, the Company had $13.93 million in total
assets, $10.86 million in total liabilities, and $3.07 million in
total stockholders' equity.
[] BOOK REVIEW: Taking Charge
-----------------------------
Taking Charge: Management Guide to Troubled Companies and
Turnarounds
Author: John O. Whitney
Publisher: Beard Books
Softcover: 283 Pages
List Price: $34.95
Order a copy today at:
http://beardbooks.com/beardbooks/taking_charge.html
Review by Susan Pannell
Remember when Lee Iacocca was practically a national hero? He won
celebrity status by taking charge at a company so universally known
as troubled that humor columnists joked their kids grew up thinking
the corporate name was "Ayling Chrysler." Whatever else Iacocca may
have been, he was a leader, and leadership is crucial to a
successful turnaround, maintains the author.
Mediagenic names merit only passing references in Whitney's book,
however. The author's own considerable experience as a turnaround
pro has given him more than sufficient perspective and acumen to
guide managers through successful turnarounds without resorting to
name-dropping. While Whitney states that he "share[s] no personal
war stories" in this book, it was, nonetheless, written from inside
the "shoes, skin, and skull of a turnaround leader." That sense of
immediacy, of urgency and intensity, makes Taking Charge compelling
reading even for the executive who feels he or she has already
mastered the literature of turnarounds.
Whitney divides the work into two parts. Part I is succinctly
entitled "Survival," and sets out the rules for taking charge
within the crucial first 120 days. "The leader rarely succeeds who
is not clearly in charge by the end of his fourth month," Whitney
notes. Cash budgeting, the mainstay of a successful turnaround, is
given attention in almost every chapter. Woe to the inexperienced
manager who views accounts receivable management as "an arcane
activity 'handled over in accounting.'" Whitney sets out 50
questions concerning AR that the leader must deal with – not
academic exercises, but requirements for survival.
Other internal sources for cash, including judiciously managed
accounts payable and inventory, asset restructuring, and expense
cuts, are discussed. External sources of cash, among them banks,
asset lenders, and venture capital funds; factoring receivables;
and the use of trust receipts and field warehousing, are handled in
detail. Although cash, cash, and more cash is the drumbeat of Part
I, Whitney does not slight other subjects requiring attention. Two
chapters, for example, help the turnaround manager assess how the
company got into the mess in the first place, and develop
strategies for getting out of it.
The critical subject of cash continues to resonate throughout Part
II, "Profit and Growth," although here the turnaround leader
consolidates his gains and looks ahead as the turnaround matures.
New financial, new organizational, and new marketing arrangements
are laid out in detail. Whitney also provides a checklist for the
leader to use in brainstorming strategic options for the future.
Whitney's underlying theme -- that a successful business requires
personal leadership as well as bricks and mortar, money and
machinery -- is summed up in a concluding chapter that analyzes the
qualities that make a leader. His advice is as relevant in this
1999 reprint edition as it was in 1987 when first published.
John O. Whitney had a long and distinguished career in academia and
industry. He served as the Lead Director of Church and Dwight Co.,
Inc. and on the Advisory Board of Newsbank Corp. He was Professor
of Management and Executive Director of the Deming Center for
Quality Management at Columbia Business School, which he joined in
1986. He died in 2013.
[] Jarel Rosser Joins King & Spalding's Restructuring Practice
--------------------------------------------------------------
King & Spalding announced that Jarel Rosser has joined the firm as
a partner in its Finance and Restructuring practice group. He is
based in the New York office
Mr. Rosser regularly represents national, international, and
regional lenders and servicers in connection with various
structured finance transactions, including commercial
mortgage-backed securities (CMBS) and balance sheet mortgage loans,
private bank lending, mezzanine debt, and other credit facilities
secured by all commercial asset classes.
"Jarel's arrival strengthens our ability in New York to continue to
meet the needs of our clients in connection with comprehensive
capital solutions, including real estate financings," said Todd
Holleman, co-leader of the firm's Finance and Restructuring
practice group. "Jarel's experience representing lenders on complex
transactions will help us support existing client relationships
while creating opportunities to grow the practice alongside our
broader finance platform."
Mr. Rosser joins King & Spalding from K&L Gates, where he was a
partner. Prior to private practice, he was an associate general
counsel at Safehold Inc., a publicly traded ground-lease real
estate investment trust. He received his B.A. from St. John's
University and his J.D. from Wake Forest University of Law.
"I am excited to join King & Spalding's collaborative and growing
finance platform," said Mr. Rosser. "The strength of the Finance
and Restructuring team and its integration with other practices
creates makes it a great place to expand my practice, including
into loan origination and borrower-side representations, while
continuing to serve lenders on complex transactions."
About King & Spalding
King & Spalding -- http://www.kslaw.com/-- is an international law
firm that represents a broad array of clients, including half of
the Fortune Global 100, with 1,300 lawyers in 26 offices in the
United States, Europe, the Middle East and Asia Pacific. The firm
has handled matters in over 160 countries on six continents and is
consistently recognized for the results it obtains, uncompromising
commitment to quality and dedication to understanding the business
and culture of its clients.
[] US Dioceses Weigh Abuse Payouts to Preserve Operations
---------------------------------------------------------
Brian Fraga of The Tablet reports that U.S. Catholic dioceses
navigating bankruptcy proceedings are increasingly seeking a
balance between compensating survivors of clergy abuse and
maintaining ongoing church operations. The Archdiocese of Baltimore
recently proposed a Chapter 11 plan that includes a $168.9 million
trust dedicated to abuse survivors, funded by church entities and
insurance recoveries.
According to the archdiocese, the plan is intended to provide fair
compensation while ensuring the continuation of religious,
educational, and charitable ministries. Officials described the
proposal as a practical approach that reflects both accountability
to survivors and the financial realities facing the church.
In Vermont, however, the Diocese of Burlington continues to face
questions regarding its restructuring efforts. During recent
proceedings, Judge Heather Cooper voiced concerns about the lack of
a clear reorganization roadmap and stressed the importance of
preserving funds for more than 100 abuse claimants involved in the
case, the report relays.
The Diocese of Ogdensburg has moved closer to resolving its
bankruptcy by agreeing to pay $45 million to settle 125 abuse
claims. The settlement follows the diocese's 2023 bankruptcy
filing, which came after New York expanded opportunities for
survivors to pursue previously time-barred abuse lawsuits through
the Child Victims Act, according to report.
*********
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liabilities delivered to nation's bankruptcy courts. The list
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Each Friday's edition of the TCR includes a review about a book of
interest to troubled company professionals. All titles are
available at your local bookstore or through Amazon.com. Go to
http://www.bankrupt.com/books/to order any title today.
Monthly Operating Reports are summarized in every Saturday edition
of the TCR.
The Sunday TCR delivers securitization rating news from the week
then-ending.
TCR subscribers have free access to our on-line news archive.
Point your Web browser to http://TCRresources.bankrupt.com/and use
the e-mail address to which your TCR is delivered to login.
*********
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Copyright 2026. All rights reserved. ISSN: 1520-9474.
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