NOTIFICATION OF CONTINUED ARTICLE 9 DISPOSITION OF NEWPORT EXCHANGE HOLDINGS, INC., NEH SERVICES, INC., OTA FRANCHISE CORPORATION, AND OTA REAL ESTATE, INC. COLLATERAL Notice is hereby given that Capital Recovery Solutions, LLC (“Secured Party”) continued its public disposition of collateral owned by Newport Exchange Holdings, Inc., NEH Services, Inc., OTA Franchise Corporation, and OTA Real Estate, Inc., from Tuesday, July 9, 2024, to the following date, time, and place: July 29, 2024, at 10:00 a.m. at the offices of Hahn Loeser & Parks, LLP, counsel for the Secured Party, located at One America Plaza, 600 W Broadway, Suite 1500, San Diego, CA 92101. The continuation of the public disposition of collateral was announced during the July 9, 2024, public foreclosure sale. Secured Party reserves the right to further postpone or continue the public foreclosure sale to a later date, time, and place, by announcement prior to or at the Disposition. […]

Kuney’s Corner – Cram Down: When the Creditor Says “No”

The Legal Requirements to Cram Down a Plan on Creditors By filing a Chapter 11 petition, the debtor seizes the initiative in proposing a reorganization plan, which is to provide how soon, in what amount, and in what manner creditors’ claims are paid.[i] But a debtor does not necessarily get its way. A class of creditors who are not getting paid in full may reject the plan, which will prevent confirmation on a consensual basis, but the debtor may, by fulfilling additional requirements, ‘cram down’ the plan on those creditors […]

NOTICE OF PUBLIC SALE OF COLLATERAL   On the 17th day of September, 2024, commencing at 11:00 a.m. prevailing Eastern Time, in front of the New York County Supreme Court, located at 60 Centre Street, New York, New York and offered virtually via online video conference, Pangea Mortgage Capital, LLC. (“Secured Party”) shall cause the following collateral to be sold by public auction(s) to the highest qualified bidder(s): (i) 100% of the membership interests in Wildcat Senior Properties LLC, a Delaware limited liability company and (ii) 100% of the membership interests in Shepherd Living at Wildcat, LLC, a Delaware limited liability companies.  Wildcat Senior Properties LLC and Shepherd Living at Wildcat, LLC are the owners and/or operators of certain real property and personal property, including that certain real property, and improvements thereon, located at 2101 Cane Bay Boulevard, Summerville, South Carolina 29486. The membership interests will be offered separately or […]

Notification of Disposition of Collateral Secured Party, Pelorus Fund REIT, LLC, through its duly authorized agent Hilco Real Estate, LLC, will sell all of the Debtors’ personal property assets, including, without limitation, all of each Debtor’s right, title and interest in or to (capitalized terms not otherwise defined will have meanings given thereto in the Uniform Commercial Code as enacted in the State of Arizona or the Sale Disclosures, as applicable), all Accounts (but excluding the Excluded Account); all Chattel Paper; all Commercial Tort Claims; all contracts; all Documents; all Equipment (including, without limitation, the Specified Equipment); all Fixtures; all General Intangibles; all Goods; all Instruments; all Inventory; all Investment Property; all money, cash or cash equivalents; and all Intellectual Property (including,  without limitation, the Specified Intellectual Property), all as more particularly described in the Disclosure Materials (collectively, the “Collateral”), to the highest qualified bidder in public as follows: Day […]

UCC Public Sale Notice Please take notice that Pack River Financial LLC, a California limited liability company (“Secured Party”) offers for sale at public auction on July 31, 2024 at 10:00 a.m. (PT), via a virtual videoconference for remote participation, in connection with a Uniform Commercial Code  (“UCC”) sale, substantially all tangible and intangible personal property, including (a) equipment; (b) inventory, accounts, security entitlements, commodity contracts and commodity accounts; (c) instruments, including promissory notes; (d) chattel paper, including tangible chattel paper and electronic chattel paper; (e) documents; (f) letter of credit rights; (g) accounts, including health-care insurance receivables; (h) deposit accounts; (i) commercial tort claims; (j) general intangibles, including payment intangibles and software; and (k) as-extracted collateral (collectively, the “Collateral”), of Veridian Partners LLC, Treetop Flyers Collective, Inc., and Canna Bay, Inc. (collectively, “Debtors”).  Debtors are generally in the business of cultivating indoor cannabis. Veridian Partners, LLC is indebted to Secured Party in […]

NOTICE OF PUBLIC UCC ARTICLE 9 FORECLOSURE AUCTION Certain Assets of  PSW Webberville, LLC PLEASE TAKE NOTICE that on July 31, 2024, at 11:00 a.m., Dallas, Texas time, a public sale (the “Public Sale”) shall be conducted of the personal property, whether previously, now, or hereafter constituting the items described below (collectively, the “Sale Collateral”) of PSW WEBBERVILLE, LLC (“Borrower” or “Debtor”).  Such public sale will be conducted via an online video conference using Zoom or another similar video conferencing platform.  This Public Sale is being held to enforce the rights of Secured Party. The Sale Collateral is as follows: All equity interests of Borrower in SB Webberville Road, LLC and the certificates representing such interests and any interests of Borrower on the books and records of such entity or on the books and records of any securities intermediary pertaining to such interest and all dividends, distributions, cash, warrants, rights, […]

PUBLIC NOTICE OF UNIFORM COMMERCIAL CODE SALE NB SIERRA BLOOM, LLC   NOTICE IS HEREBY GIVEN, that, pursuant to Section 5/1-101 et. seq. of the Illinois Uniform Commercial Code (810 ILCS 5/1-101); including but not limited to Section 9-610, of the Illinois Uniform Commercial Code,  and, pursuant to the terms and provisions contained  in that certain Membership Interest Pledge Agreement, dated as of February 7, 2017 (the “Security Agreement”) and executed by Todd Bryant (“Borrower” or “Debtor”) and Voshel Investments LLC (“Lender” or “Secured Party”), the collateral listed below will sell via auction at public sale (the “Auction”) on July 30, 2024 at 2:00 PM Central Daylight Time (the “Auction Date” or the “Sale”), at the offices of Rally Capital Advisors, LLC, 350 N. LaSalle Street, Suite 1100, Chicago, IL, in person and virtually hosted on Zoom and recorded, in accordance with the terms and conditions set forth below. The Secured Party is […]

NOTIFICATION OF DISPOSITION OF COLLATERAL AT A PUBLIC AUCTION Awesome Office, Inc. PLEASE TAKE NOTICE:  Caroo, LLC, a Delaware limited liability company (“Secured Party”), the secured party with respect to the Collateral (as defined below), hereby gives notice that it will sell the Collateral at a public auction (“Auction”) on July 30, 2024 or on a date subsequent thereto (the “Disposition Date”).  This notice is being provided in accordance with Section 9-611 of the Uniform Commercial Code.  The sale will be held as follows: Date: July 30, 2024 Time: 1:00 p.m. (Eastern) Location: Via videoconference (with further instructions to be provided to Qualified Bidders, as defined below) COLLATERAL TO BE SOLD: The collateral to be disposed of via public auction consists of all personal property and assets owned by Awesome Office, Inc. d/b/a Caroo, a Delaware corporation (the “Debtor”), as identified in Exhibit A (collectively, the “Collateral”).  The Collateral primarily […]

PUBLIC NOTICE OF ARTICLE 9 SALE OF NEWPORT EXCHANGE HOLDINGS, INC. , NEH SERVICES, INC., OTA FRANCHISE CORPORATION, AND OTA REAL ESTATE, INC. COLLATERAL Notice is hereby given that, pursuant to Cal. Comm. Code §§ 9610 and 9613 and UCC §§ 9-610 and 9-613, Capital Recovery Solutions, LLC (“Secured Party”), will sell the collateral described below (the “Collateral”) owned by Newport Exchange Holdings, Inc., NEH Services, Inc., OTA Franchise Corporation, and OTA Real Estate, Inc.  (“Borrower”) by public auction sale (“Sale”) to the highest price as may offered by a qualified bidder as determined by the Secured Party, in its sole discretion. The Sale is being conducted by Secured Party to enforce its rights as a secured lender pursuant to the Loan and Security Agreement dated September 17, 2019, and related documents (“Loan Documents”).  The indebtedness owed as of June 24, 2024, is not less than $13,071.430.71, plus interest, costs […]

Sale of Assets by the Order of the Bankruptcy Trustee  Electriq Power, Inc. Case No. 24-14427-MAM and Electriq Power Holdings, Inc. Case No. 24-15235-MAM Assets valued in excess of $18M+ The assets to be liquidated include advanced solar energy storage solutions, smart home battery backup systems, related product lines, software support and technologies, warehouse equipment, tools, hardware, machinery and intellectual property. We are accepting bids concurrently for a bulk offering of all Electric Power assets and by product category, such as those interested in acquiring the battery lines, software, IP, etc. Bid submission deadline: Monday, July 1 at 5:00 PM. Contact Michael Shirinian at [email protected] to request access to various evaluation materials (such as inventory, bid/auction procedures, municipal contracts, records, data, agreements etc.) or call (954) 252-2887 for more information. www.moeckerauctions.com AB-1098  AU-3219, Eric Rubin