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Upcoming Committee Formation Meeting:  Friday, April 27, 2018 10:00 AM

Case Name: 18-10894 (MFW)

Location: Delaware State Bar Association, 405 N. King Street, 2nd Floor, Wilmington, DE 19801

Notice of Formation Meeting for Official Committee of Unsecured Creditors can be found here. See the petition for relief.

Contact Norman L. Pernick and G. David Dean for more information.

Bertucci’s Holdings, Inc., along with nine subsidiaries and affiliates, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10894).  Bertucci’s, headquartered in Worcester, MA, is a brick oven Italian eatery with fifty-nine (59) locations through the Northeast and Mid-Atlantic.  According to the First Day Declaration, Bertucci’s enters Chapter 11 intending to immediately reject 29 of its leases and intends to pursue a sale of substantially all of its assets, with Right Lane Dough Acquisition, LLC, as stalking horse purchaser.  Bertucci’s is also seeking approval to borrow up to $4 million in DIP Financing from Right Lane Dough.  Bertucci’s proposed bid procedures seek to have the auction held on May 29, 2018, and the Sale Hearing held on May 30, 2018.  Prime Clerk LLC is the proposed claims and noticing agent.  The cases have been assigned to the Honorable Mary F. Walrath.

Contact Norman L. Pernick or G. David Dean for more information regarding this matter.  Please note, however, that Cole Schotz P.C. does not represent the debtors in these cases and cannot respond to questions directed toward the debtors.

VER Technologies HoldCo LLC, along with eight subsidiaries and affiliates, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10834).  VER, a media production equipment and solutions provider, has some familiarity with the Chapter 11 process, having purchased the assets of DigitalSound Production Services in a sale under Section 363 of the Bankruptcy Code in December 2015.  Although a first day declaration has not yet been filed, VER’s petition discloses that it enters Chapter 11 having entered into a restructuring support agreement and will be seeking approval of DIP Financing provided by its pre-petition senior lenders.  KCC LLC is the proposed claims and noticing agent.  The cases have been assigned to the Honorable Kevin Gross.

Contact Norman L. Pernick or G. David Dean for more information regarding this matter.  Please note, however, that Cole Schotz P.C. does not represent the debtors in these cases and cannot respond to questions directed toward the debtors.

EV Energy Partners, L.P., along with thirteen (13) affiliates and subsidiaries, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10814).  EV, based in Houston, Texas, is an upstream oil & gas developer operating throughout the United States.  According to the Debtors’ press release, they enter Chapter 11 having entered into a restructuring support agreement with their senior noteholders and lenders and having solicited votes on a prepackaged plan of reorganization.   According to the First Day Declaration, 100% of the Debtors’ senior lenders and ~92% of the Debtors’ senior noteholders have voted in favor of the plan.  The Disclosure Statement to the Plan may be found here.  The Debtors seek to have a confirmation hearing held on May 15, 2018.  Prime Clerk LLC is the proposed claims and noticing agent.  The cases have been assigned to the Honorable Christopher S. Sontchi.

Contact Norman L. Pernick or G. David Dean for more information regarding this matter.  Please note, however, that Cole Schotz P.C. does not represent the debtors in these cases and cannot respond to questions directed toward the debtors.

Destination Properties of America LLC, an Avondale, Arizona-based travel and real estate agency, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 18-10732).  The Petition identifies the Debtor as a small business debtor and estimates the Debtor’s assets to be between $1–$10 million and liabilities to be between $500,000–$1 million.  A list of top creditors has not yet been filed.  No claims or noticing agent has been proposed.  The case has been assigned to the Honorable Laurie Selber Silverstein.

Contact Norman L. Pernick for more information regarding this matter.  Please note, however, that Cole Schotz P.C. does not represent the debtors in these cases and cannot respond to questions directed toward the debtors.

Frog Rock Investments, LLC, along with three subsidiaries and affiliates, has filed a petition for relief under Chapter 11 in the Bankruptcy Court  for the District of Delaware.  All of the Debtors are affiliates of, and are seeking joint administration with, the Woodbridge Group of Companies, et al. (Lead Case No. 17-12560).  According to the Corporate Organizational Chart attached to the Petition, the additional Debtors are “non-collateral filers.”  Cole Schotz reported on Woodbridge’s filing here, and on the filing of additional Woodbridge co-Debtors here, here and here.  The Garden City Group is the claims and noticing agent.  The cases have been assigned to the Honorable Kevin J. Carey.

Contact Norman L. Pernick for more information regarding this matter.  Please note, however, that Cole Schotz P.C. does not represent the debtors in these cases and cannot respond to questions directed toward the debtors.

Southeastern Grocers, LLC, along with twenty-six (26) of its affiliates and subsidiaries, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10700).  Southeastern, headquartered in Jacksonville, FL, is one of the largest supermarket operators in the United States, and operates under the Winn/Dixie, BI-LO, Harveys and Fresco y Mas trademarks.   Southeastern previously announced on March 15, 2018, that it had entered into a restructuring support agreements with an ad hoc group representing 80% of Southeastern’s unsecured noteholders.  Southeastern enters Chapter 11 having solicited votes pre-petition on its prepackaged plan of reorganization and seek to have a confirmation hearing held on May 10, 2018.  According to the First Day Declaration, more than 68% of Southeastern’s unsecured noteholders and 99% of its existing equity holders have voted in favor of the Plan.  The disclosure statement can be found here.   Prime Clerk LLC is the proposed claims and noticing agent.  The cases have been assigned to the Honorable Mary F. Walrath.

Contact Norman L. Pernick for more information regarding this matter.  Please note, however, that Cole Schotz P.C. does not represent the debtors in these cases and cannot respond to questions directed toward the debtors.

Remington Outdoor Company, Inc., along with twelve of its affiliates and subsidiaries, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10684).  Headquartered in Madison, North Carolina, Remington is well-known as one of America’s largest and oldest firearms manufacturers.  According to the First Day Declaration, Remington has filed Chapter 11 as a result of numerous factors, including unsustainable debt levels, rising costs and declining sales.  Remington previously announced on February 12, 2018, that it had entered into a restructuring support agreement with its term loan lenders and third lien noteholders to support a prepackaged plan of reorganization.  According to the Disclosure Statement, the Plan will reduce Remington’s consolidated indebtedness by $700 million and contemplates a contribution of nearly $150 million in new capital.  Remington is also seeking approval of over $145 million in DIP Financing provided by Remington’s pre-petition ABL and term loan lenders, consisting of $100 million in new money and a rollup of the $45 million pre-petition bridge loan provided by Remington’s term loan lenders.  Prime Clerk LLC is the proposed claims and noticing agent.  The cases have been assigned to the Honorable Brendan Linehan Shannon.

Contact Norman L. Pernick for more information regarding this matter.  Please note, however, that Cole Schotz P.C. does not represent the debtors in these cases and cannot respond to questions directed toward the debtors.

Candi Controls, Inc., an Oakland, CA-based provider of cloud-based services for energy and facilities management, has had an involuntary petition for relief under Chapter 11 filed against it in the Bankruptcy Court for the District of Delaware (Case No. 18-10679).  The involuntary petition was filed by CGM Partners, Howard Elias and Kelly Yang Living Trust, who collectively assert $575,000 in note claims.  According to Pitchbook, Candi Controls raised $5.11 million in a series B financing round that closed on July 15, 2015.  The case has been assigned to the Honorable Christopher S. Sontchi.

Contact Norman L. Pernick or Nicholas J. Brannick for more information regarding this matter.  Please note, however, that Cole Schotz P.C. does not represent the debtors in these cases and cannot respond to questions directed toward the debtors.