Category Archives: Diamond Chapter 11

Hearing is set for October over Diamond’s Consignment Goods Compromise

It’s been an interesting month when it comes to (old) Diamond Comic Distributor‘s chapter 7 case. After a year of fighting, Diamond and its trustee Morgan W. Fisher came to a compromise with 15 publishers regarding consigned goods.

Diamond was the major distributor for the comic and tabletop game industry and some of the items it sold were on consignment. Diamond declared chapter 11 and a fight began over those goods with Diamond claiming ownership and wanting to sell them to help pay back its debts. Publishers of course wanted their goods back. It’s been a back and forth in the court over who has a right to the goods. Add in Sparkle Pop, the company that bought some of Diamond’s assets, was storing the goods in the warehouse they took over from Diamond and the new distributor sold some of the stock without permission from Diamond or the publishers.

In early August it was announced that Diamond, Fisher, and 15 publishers came to an agreement that would allow the publishers to get back their goods while Diamond would keep most of the money of the consigned goods sold during the dispute (it’s a bit more complicated but that’s the general compromise).

Lending bank JPMorgan Chase submitting a filing with a “reservation of rights” while Sparkle Pop submitted a filing objecting to the compromise.

Now, the court will take up the motion, response, and objection in a hearing set for October 6.

Notice of Hearing (related document(s)[1309] Application to Compromise Controversy filed by Trustee Morgan W. Fisher, [1328] Response filed by Creditor JPMorgan Chase Bank, N.A., [1331] Objection filed by Interested Party Sparkle Pop LLC). Hearing scheduled for 10/6/2026 at 10:00 AM. In person hearing Courtroom 9-D Baltimore, Judge Rice. (Scott, Cherita)

Motion Limiting Notifications in the Diamond Chapter 7 Case Approved

In early August, Diamond trustee Morgan W. Fisher filed a motion to limit future notices regarding the case. The motion was interesting as it laid out a lot of information in the case that reminds us of the scope of the situation.

  • Diamond’s credit matrix initially consisted of almost 1,300 parties and when subscription comic book customers was added it was over 1,500.
  • 75 claims were filed for the Chapter 7 with the highest amount being Dynamic forces with $29,514,087.40 to $182 from Irish Holdings.
  • Omni Agent Solutions logged 742 claims in the main case and 71 claims concerning Diamond Select Toys
  • There were 759 unique claimants, 28 were governmental agencies.

Fisher motion raised the difficulty and cost in notifying everyone every update about the case and there’s numerous other ways to get notifications like a Notice of Appearance and Request for Notices.

Going forward, notices would go out to:

  • Counsel for the Debtor;
  • The Trustee and his counsel;
  • Secured Creditors;
  • The Debtor’s 20 largest unsecured creditors, based on filed claims;
  • The Office of the United States Trustee;
  • The Internal Revenue Service, and the Comptroller of the State of Maryland;
  • Persons who have appeared or filed a notice of appearance and request for service in the case (including persons served via CM/ECF);
  • Parties who are directly affected by a particular motion, paper or pleading.

The 20 largest creditors are:

  • Hasbro, Inc.: $1,185,638.23
  • Dynamic Forces, Inc.: $29,514,087.40
  • Alliance Entertainment, LLC: $10,008,534.05
  • Bandai Limited: $9,245,465.10
  • Penguin Random House LLC: $8,941,467.05
  • Passage Trading: $6,297,244.00
  • Oni-Lion Forge Publishing Group: $5,646,907.40
  • Udon Entertainment Inc.: $4,327,716.06
  • Valiant Entertainment LLC: $4,070,588.30
  • Disney Consumer Products, Inc.: $3,638,592.00
  • Creative Grand Industrial HK Limited: $2,960,931.87
  • Zenescope Entertainment, Inc.: $2,360,907.16
  • Fantagraphics Books Inc.: $2,279,330.68
  • MegaHouse Corporation: $2,150,730.00
  • Magnetic Press LLC: $1,957,576.53
  • TMP International, LLC: $1,774,558.48
  • Aftershock Comics, LLC: $1,767,573.53
  • ARA, Inc.: $1,229,027.36
  • Funko, LLC: $1,206,854.62
  • Action Figure Authority Inc.: $1,200,000.00

Today, Fisher’s motion has been approved and the Trustee will file a Consolidated Master Service List updated from time to time to add persons other than those receiving service by CM/ECF and the ability to pay/reimburse the costs for notices served is approved going forward. Fisher won’t have to ask permission each time.

Of course, no need to worry about being notified as Graphic Policy is here to bring you all of the latest news!

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Breaking: Sparkle Pop Objects to the settlement between (old) Diamond, its Trustee Morgan W. Fisher, and Publishers

After two extensions, Sparkle Pop has submitted their response to the proposed settlement between (old) Diamond and its trustee Morgan W. Fisher and 15 publishers. In that settlement, the publishers would pay for packing and shipping of consigned goods held by (old) Diamond and currently stored in a Sparkle Pop warehouse as well as a receive a small monetary amount. In exchange, (old) Diamond would receive a windfall of money that is currently part of the dispute.

(Old) Diamond had declared Chapter 11 and eventually Chapter 7 and in its possession are consigned goods from numerous publishers valued in the millions. There has been a fight for over a year where a little over 30 publishers had been fighting to get those consigned goods back. Diamond had been claiming it has a right to them and was going to sell them to pay off their debt. Sparkle Pop had purchased some of the assets of Diamond in the bankruptcy and that included taking over the warehouse where that product was being stored. That’s the short version…

Sparkle Pop says the agreement fails as it doesn’t resolve consignment disputes, and instead it increases disputes and litigation between publishers and Sparkle Pop while removing (old) Diamond and its Trustee as well as loan lender JPMorgan Chase from that litigation.

Sparkle Pop goes further stating the agreement imposes requirements upon the company without its consent or remuneration for processing fees and storage fees that the company has incurred since December 2025.

From their objection, the proposed settlement requires, among other things:

  • Sparkle Pop to completely relinquish its rights to most of the funds in the court registry and to remit nearly all of the funds that it is holding in escrow despite being owed (a) its processing fees for selling goods (an amount over $400,000.00) and (b) its rent and storage fees (an amount over $1 million);
  • Sparkle Pop to be forced to allow the Consignment Group Members to pick, pack and pallet the consigned goods being held in its Mississippi warehouse (which they logistically cannot do) without any input from Sparkle Pop or payment to Sparkle Pop on a forced timeline to be invented by the Consignment Group Members; and
  • Sparkle Pop to continue to be subject to the third-party claims in the adversary proceedings and future unknown but meritless and unsubstantiated claims by the Consignment Group Members against it.

Sparkle Pop says all of this makes things more complicated for the court as it would have to oversee more legal disputes as well as the aspects of the process of the publishers getting their goods back including, , (a) all aspects of the process including cost, (b) access to Sparkle Pop’s warehouse, (c) the timing, (d) what inventory is removed, and (e) enforcement.

Sparkle Pop goes on to play the victim stating:

Ever since Sparkle Pop purchased the Debtors’ assets, it has been unfairly placed in the middle of the dispute between the consignors and the Debtors (now the Trustee). Without a judicial determination of ownership, Sparkle Pop could not have and still cannot release the consigned goods to one party without exposing itself to legal claims from the other parties.

It goes on to further argue:

Sparkle Pop would not only have to relinquish its interests in the registry and escrow (without receiving its processing fees of $433,270), it would also being compelled to turn over the consigned goods to the Consignment Group Members on their sole terms and conditions (without receiving its pik & pak fees and rent/storage fees of $1,000,000) and still remain subject to potential future litigation from the Consignment Group Members over unsubstantiated and meritless claims.

Publishers have requested the court to force Sparkle Pop to provide update inventory counts of product which publishers have not received for some time. It is believed more product has been sold by Sparkle Pop, against court orders and without distribution agreements, than what is currently known and there is evidence of this provided by publishers to the court. In an exhibit submitted by Sparkle Pop, they state there are 8,250,936 units of goods stored in their warehouse.

Sparkle Pop also says it was not part of this settlement agreement and they would be out money for rent and processing fees regarding the consigned goods.

Below are the filings from Sparkle Pop with more details about their costs and what is stored in the warehouse. We’ll have a deeper analysis in the coming days.

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Sparkle Pop is Given Even More Time to Do Their Homework and Respond to Diamond’s Settlement with Publishers

In August, Diamond and its Trustee Morgan W. Fisher settled with fifteen publishers regarding goods still held by Diamond during its chapter 7/chapter 11 process. The deal allowed the publisher to pay for packing and shipping to get their product back and some money would be paid out to them.

An impacted party regarding this is Sparkle Pop which purchased some of Diamond’s assets and now manages the warehouse the consigned goods are located.

Earlier this week, Sparkle Pop was given until August 28, 2026 to respond to the settlement. Now, they get another extension and will have until August 31, 2026 to respond.

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JPMorgan submits a “Reservation of Rights” in Response to the Settlement Between Diamond and some Publishers

In early August, Diamond and its trustee Morgan W. Fisher and 15 publishers announced a settlement regarding consigned goods being held by Diamond and warehoused by Sparkle Pop. To catch folks up, when Diamond declared bankruptcy, it held a large quantity of product in its warehouse that was on consignment. After some time, Diamond claimed it had a right to sell the consigned goods to help pay down its debt and that nothing would go to the publishers. The publishers claimed it was their property and that when Diamond declared bankruptcy it triggered a whole bunch of different things that would allow them to get their product back. This has gone on for about a year and a half that resulted in all sorts of off-shoot lawsuits and a lot of behind-the-scenes negotiations.

As part of the settlement, the 15 publishers can get their goods back and have to pay for the picking and packing of the inventory. There’s also a small monetary payout to the publishers while (old) Diamond and its trustee gets a windfall of money for consignment goods sold while all of this process played out.

That agreement has to be approved by various parties, including JPMorgan Chase Bank which has loaned (old) Diamond a considerable amount of money so it could function and go through the bankruptcy process. JPMorgan in their filing reiterates it wants to get paid, and should be one of the first to get paid when that time comes.

In the filing, it states that JPMorgan has an “allowed claim in an amount not less than $6,541,667.19.” That total doesn’t include the interest, costs, and attorneys’ fees that continue as long as this process plays out.

But, basically, the bank punts allowing it to speak up at a future date regarding the issue.

WHEREFORE, Lender expressly reserves the right to (a) raise any objection it may have with respect to the terms of the proposed Joint Motion, and (b) to be heard before the Court with respect to the entry of any order approving the Joint Motion and to raise additional arguments or objections in connection therewith.

You can read the filing below:

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Publishers to Sparkle Pop… What Consigned Goods are You Storing!? The Diamond Chapter 7 Drama Continues

What's in the Warehouse!? image

While some think the drama concerning Diamond Comic Distributor‘s bankruptcy is wrapping up or over, there’s still a long way to go before this epic story ends. In early August, (old) Diamond Comic Distributors and its trustee Morgan W. Fisher announced a resolution and compromise with 15 publishers regarding consigned goods being held by Diamond and stored in a warehouse by Sparkle Pop.

(Old) Diamond had declared Chapter 11 and eventually Chapter 7 and in its possession was consigned goods from numerous publishers valued in the millions. There has been a fight for over a year where a little over 30 publishers had been fighting to get those consigned goods back. Diamond had been claiming it has a right to them and was going to sell them to pay off their debt. Sparkle Pop had purchased some of the assets of Diamond in the bankruptcy and that included taking over the warehouse where that product was being stored.

As part of the settlement, the 15 publishers can get their goods back and have to pay for the picking and packing of the inventory.

But… what the hell does Sparkle Pop still have in their possession!?

That seems to be at the heart of multiple motions today asking the court to help figure out what inventory remains in the warehouse.

In the motion, the publishers state that:

  1. Initially, Sparkle Pop reported sales only of inventory received after May 15, 2025.
  2. Even after Sparkle Pop reported sales of inventory received both before and after May 15, 2025, Sparkle Pop has not updated its court reporting with regard to inventory sales after October 2025.
  3. With regard to sales reported to this Court through October 2025, Sparkle Pop apparently applied a flat return rate as to each consignor. See, e.g., Sparkle Pop Report, attached hereto as Exhibit 1, illustrating the application of a flat return rate, and summary from Sparkle Pop, attached hereto as Exhibit 2. Sparkle Pop has never provided any detail as to what products were actually returned. See, Affidavit of Sparkle Pop Agent attached as Exhibit 3. Furthermore, some of the inventory sold was not returnable, and consignors have reported that they did not receive returned product (supporting the consignors’ allegation that Sparkle has reported returns that never, in fact, occurred).
  4. Sparkle Pop also may be continuing to sell inventory from the Warehouse. As recently as early 2026, one of the consignors received a report showing that inventory of another consignor being processed and removed from the Warehouse, despite Sparkle’s consensual agreement that any sales are prohibited by the automatic stay. See E-Mail from Drawn and Quarterly Books, Inc. attached as Exhibit 4.

The publishers have asked for the court to compel an inspection of the warehouse to audit the product that remains located there. They also want to use that inspection to corroborate the reports provided by Sparkle Pop. But, also raised is a “claim for conversion,” basically, is there further action publishers need to take because of actions by Sparkle Pop.

In July, the publishers submitted a subpoena to “Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Bankruptcy Case” and in late July Sparkle Pop objected to that and the inspection. This created an unresolved dispute.

Sparkle Pop has made demands for the inspection to go through, which the publishers object to:

  • Sparkle Pop’s sole right to designate the party permitted to conduct the inspection of the Warehouse and its requirement that any assistants be approved in advance;
  • a requirement that the Trustee and Sparkle Pop enter into an agreement concerning payment of back rent owed at the Warehouse; and
  • a requirement that the Ad Hoc Committee of Consignors solely bear Sparkle Pop’s claimed cost of the inspection, which Sparkle Pop currently quotes at $639.94 per hour – which fee includes an unexplained “thirty percent markup” and exorbitant compensation for what should be a single employee who accompanies the inspector. Originally the fee requested was $1,000 per hour and inexplicably included charges for Sparkle Pop’s tax and insurance payments for the Warehouse.

The publishers thinks those demands are unreasonable and unwilling to pay for the inspection, though they are being flexible in that if there’s a particular party Sparkle Pop doesn’t want in the warehouse, that can be accommodated. They refuse to give Sparkle Pop unilateral control over the process. They also point out that the payment for back rent owed is between Sparkle Pop and (old) Diamond, not the publishers.

The publishers are asking for the court to compel an inspection within 30 days of the service of the motion, that the individual committing the inspection be agreed upon, and Sparkle Pop will bear its own costs in related to the inspection.

The publishers that are part of this motion include 12 of the 15 (so far) that settled/compromised:

Ablaze
Action Lab
American Mythology
Avatar Press

Battle Quest Comics
BOOM! Studios
Fantagraphics
Green Ronin Publishing

Hermes Press
Living the Line

Paizo
Zenescope

You can read the filings below which also includes a look behind the curtain as far as inventory and discussion for this publisher. The overall motion is the same for each publisher while the inventory changes for each.

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Sparkle Pop is Given More Time to Respond to Diamond’s Settlement with Publishers

In August, Diamond and its Trustee Morgan W. Fisher settled with fifteen publishers regarding goods still held by Diamond during its chapter 7/chapter 11 process. The deal allowed the publisher to pay for packing and shipping to get their product back and some money would be paid out to them.

An impacted party regarding this is Sparkle Pop which purchased some of Diamond’s assets and now manages the warehouse the consigned goods are located.

Sparkle Pop will now have until August 28, 2026 to respond to the settlement.

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Diamond Trustee Morgan W. Fisher Motions to Limit Future Notices

A compromise between “old” Diamond and its trustee Morgan W. Fisher and 15 publishers wasn’t the only bit of news today when it comes to Diamond’s chapter 7 process. Fisher also submitted an order limiting future notices in the case.

The order is interesting as it lays out a lot of information in the case that reminds us of the scope of the situation.

  • Diamond’s credit matrix initially consisted of almost 1,300 parties and when subscription comic book customers was added it was over 1,500.
  • 75 claims were filed for the Chapter 7 with the highest amount being Dynamic forces with $29,514,087.40 to $182 from Irish Holdings.
  • Omni Agent Solutions logged 742 claims in the main case and 71 claims concerning Diamond Select Toys
  • There were 759 unique claimants, 28 were governmental agencies.

The motion raises the difficulty and cost in notifying everyone every update about the case and there’s numerous other ways to get notifications like a Notice of Appearance and Request for Notices.

Fisher is motioning to limit notices to:

  • Counsel for the Debtor;
  • The Trustee and his counsel;
  • Secured Creditors;
  • The Debtor’s 20 largest unsecured creditors, based on filed claims;
  • The Office of the United States Trustee;
  • The Internal Revenue Service, and the Comptroller of the State of Maryland;
  • Persons who have appeared or filed a notice of appearance and request for service in the case (including persons served via CM/ECF);
  • Parties who are directly affected by a particular motion, paper or pleading.

The 20 largest creditors are:

  • Dynamic Forces, Inc.: $29,514,087.40
  • Alliance Entertainment, LLC: $10,008,534.05
  • Bandai Limited: $9,245,465.10
  • Penguin Random House LLC: $8,941,467.05
  • Passage Trading: $6,297,244.00
  • Oni-Lion Forge Publishing Group: $5,646,907.40
  • Udon Entertainment Inc.: $4,327,716.06
  • Valiant Entertainment LLC: $4,070,588.30
  • Disney Consumer Products, Inc.: $3,638,592.00
  • Creative Grand Industrial HK Limited: $2,960,931.87
  • Zenescope Entertainment, Inc.: $2,360,907.16
  • Fantagraphics Books Inc.: $2,279,330.68
  • MegaHouse Corporation: $2,150,730.00
  • Magnetic Press LLC: $1,957,576.53
  • TMP International, LLC: $1,774,558.48
  • Aftershock Comics, LLC: $1,767,573.53
  • ARA, Inc.: $1,229,027.36
  • Funko, LLC: $1,206,854.62
  • Action Figure Authority Inc.: $1,200,000.00
  • Hasbro, Inc.: $1,185,638.23

They’re also looking for permission to pay for the notifications without having to ask permission for each time they need to do so.

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Diamond’s Trustee Morgan W. Fisher and some Publishers Reach a Settlement over Consigned Goods

It’s a hell of a new comic book day as court documents have been released as to a settlement between Diamond‘s trustee Morgan W. Fisher and a group of publishers concerning consigned goods being held by Diamond and Sparkle Pop.

To catch folks up, when Diamond declared bankruptcy, it held a large quantity of product in its warehouse that was on consignment. After some time, Diamond claimed it had a right to sell the consigned goods to help pay down its debt and that nothing would go to the publishers. The publishers claimed it was their property and that when Diamond declared bankruptcy it triggered a whole bunch of different things that would allow them to get their product back. This has gone on for about a year and a half that resulted in all sorts of off-shoot lawsuits and a lot of behind-the-scenes negotiations.

To make things even more complicated, some items were sold when they weren’t supposed to. Sparkle Pop, the company that took over “old” Diamond, deposited $840,151.00 into an account of which $669,410.00 represents sales of goods from the Consignment Group. In addition, Sparkle Pop has $417,496.00 for sales after May 15 2025 through February 13, 2026 of which $273,503.00 represents sales of the Consignment Group’s goods. Of that initial amount of the $669,410, $50,000 will go to the publishers with $619,410 going to the trustee but what is in escrow and owed to the other publishers not part of this group needs to be figured out and settled. The $273,503 will go entirely to the trustee. If it’s found Sparkle Pop sold even more than what’s known, the publishers need to pursue that at their own cost and 5% of any recovery from that would go to the Diamond trustee after expenses for the legal proceeding are handled.

Now, we have a resolution, a “compromise,” and from the cursory read, it seems like it’s pretty much what we expected the result to be.

The compromise in short is that a certain group of publishers will get some money for the product of theirs sold and will be able to get the product back but they’ll need to pay for packing and shipping. The compromise is similar to a deal cut between Image and Diamond (the money is the difference between the two).

What’s also big is that it terminates any distribution agreement that currently exists for these publishers with “old” Diamond. This in particular stands out:

The Trustee agrees and acknowledges that the Consignment Group Members were the owners of their respective Consignment Inventory at all times prior and subsequent to the Petition Date, and the TSA did not permit or authorize Sparkle Pop to sell, distribute or dispose of Consignment Inventory on behalf of either the Consignment Group members or the Debtors other than in accordance with the Distribution Agreements and at the Debtor’s sole and express direction.

Publishers that are part of the compromise:

Ablaze
American Mythology
Avatar Press
Battle Quest Comics
Action Lab

Drawn & Quarterly
Fantagraphics
Green Ronin Publishing
Hermes Press
Living the Line

Paizo
UDON Entertainment
Zenescope
BOOM! Studios
Dynamite Forces/Dynamite

There are some publishers who are noticeably missing from this list and have been participating in court proceedings up to this point.

The bullet points of key parts of the deal and we’ve put in bold the major ones:

  • The Court Registry Escrow not allocable to the Otherwise Represented Consignors shall be released to the Parties and distributed as follows: (a) Fifty Thousand Dollars ($50,000.00) to the Consignment Group Members that are also members of the Ad Hoc Committee (to be allocated as it/they deem appropriate); and (b) the remainder to the Trustee (thus, the net amount to be paid to the Estates is $619,410.00).
  • The Settling Parties shall jointly move the Bankruptcy Court for an order directing that Sparkle Pop release the aggregate amount allocable to each Consignment Group Member from the SP Escrow, as set forth on Schedule 3 to the Trustee.
  • If not already rejected, all Distribution Agreements of the Consignment Group Members shall be deemed rejected as of the Effective Date of the Settlement and terminated in their entirety.
  • The Consignment Group Members will have the authority and are required to retrieve any and all of their inventory from the Warehouse, bearing their own costs of picking and packing such inventory.
  • Sparkle Pop is entitled to pick and pack the inventory identified by the Consignment Group Members, at rates comparable to what the Consignment Group Members can obtain from other third parties to complete the work. If Sparkle Pop declines to do the pick and pack work at comparable rates, the Consignment Group Members are authorized to access their Consignment Inventory and remove it from the Warehouse under the timelines set forth in the Settlement.
  • The Trustee, on behalf of himself the Debtors, releases and discharges the Consignment Group Members from any and all claims, causes of actions, obligations, and damages including, but not limited to, preference claims. Similar releases from the Consignment Group Members flow to the Trustee and Estates, subject to certain claims as described herein and in the Settlement. In other words, the releases are essentially mutual.
  • The Consignment Group Members are reserving all rights with regard to any additional claims against Sparkle Pop. In the event any Consignment Group Member recovers additional funds from Sparkle Pop on account of unauthorized sales of or shortages in the Consigned Inventory in excess of the Court Registry Escrow and SP Escrow, such Consignment Group Member shall pay five percent (5%) of any such recovery to the Estates, net of any legal fees and expenses required to collect such amounts.
  • In the event Sparkle Pop obtains a judgment against any Consignment Group Member for rent, storage, or similar charges with respect to such Consignment Group Member’s Consigned Inventory stored at the Warehouse, that Consignment Group Member shall have an Administrative Claim against the Estates in an amount equal to 25% of such claim.
  • In the event Sparkle Pop or the Consignment Group Members obtain a finding that any consignment inventory delivered by any Consignment Group Member was unreported as being sold by the Debtor prior to the Settlement, but was in fact sold by or at the Debtor’s direction, and paid to or for the benefit of Debtor, the respective Consignment Group Member(s) that delivered any such Missing Inventory shall be entitled to a chapter 7 administrative claim against the Debtors that is subordinate to certain other expenses and claims including any finally-allowed post-conversion administrative claims of Sparkle Pop, JP Morgan Chase and/or the Trustee’s professionals.
  • Within sixty (60) days after the Effective Date, the Trustee will file a notice of abandonment pursuant to Bankruptcy Code § 554 as to the Consigned Inventory.
  • Within ten (10) days after the Effective Date, the Trustee shall assign to the Consignment Group all of his rights, title, and interest, without representation or warranty of any kind, in and to the CG Adversary Proceedings as plaintiff therein.
  • Within ten (10) days after the Effective Date, (i) the Trustee will file a notice of dismissal of the Denial Order Appeal (if not already resolved), and (ii) the Members of the Consignment Group, as applicable, will file a notice of dismissal of the CG Adversary Counterclaims.

But… there’s more!

The Consignment Group Members are entitled to file a “substantial contribution claim” for their legal fees and costs having to do with this fight.

Other consignors who are not part of this settlement as settling parties have to reach a resolution with the Consignment Group Members and its counsel on a fee and expense sharing arrangement. But, the Trustee and other consignors who are not part of this agreement could reach their own settlement.

What’s big, and why we thought there would be a settlement, it ends Sparkle Pop charging “old” Diamond and its trustee in what’s described as a “burdensome administrative cost.”

The Parties believes the Settlement is in the best interest of the Estates. It eliminates a burdensome administrative cost that is being asserted by Sparkle Pop with regard to the continued storage of the Consignment Inventory at the Warehouse; it relieves the Trustee from any further involvement in the CG Adversary Proceedings of the Settling Parties and the Appeal; it provides a substantial cash infusion to the Debtors’ Estate; and it protects the Consignment Group Members from further erosion of value of their Consignment Inventory as well as prevents the flooding of the market with respect to unauthorized sales of their inventory.

You can read all of the documents below and we’ll have more as this major decision unfolds:

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Sparkle Pop’s Motion for Relief is Denied Without Prejudice

Red stamp with the word 'DENIED' prominently displayed.

While it feels like the comic industry has moved on from Diamond’s chapter 7 process, the court cases are very much still active with numerous major decisions still to be made. In April, Sparkle Pop filed a motionfor relief from the automatic stay to exercise its rights under applicable state law with respect to the goods remaining in a distribution facility owned and operated by Sparkle Pop.” One of the ongoing fights in Diamond‘s bankruptcy concerns consigned goods provided by publishers and still “held” by Diamond. Publishers of course want their inventory back while Diamond claims it has a right to it so it can sell the product and pay back creditors. The inventory is currently being stored in a facility run by Sparkle Pop, one of the winners of the bidding for Diamond’s assets during the bankruptcy.

In the filing, Sparkle Pop stated there are “8,250,936 units of these goods being stored at the Mississippi Facility.”

Sparkle Pop also stated it is owed $641,430 as of April 2026 and has not received its rent payments from (old) Diamond since November 2025. Rent is $125,000 a month. Sparkle Pop previously filed an administrative claim for $580,000 in March.

In short, Sparkle Pop was arguing it is suffering damages from (old) Diamond’s consigned goods being stored in their facility.

Sparkle Pop was looking to be reimbursed for all of its fees and costs related to the consigned goods and it threatened to exercise its “rights and remedies under Mississippi law to, among other things, assert a warehouseman’s lien on the consigned goods and/or take the necessary steps, under applicable law (or with the consent of the parties), to arrange for these goods to be removed from the Mississippi Facility.”

Today, the court has come down with its decision:

Evidentiary Hearing Held: re: 1265 Relief from Stay and Notice of Motion IS DENIED WITHOUT PREJUDICE TO REFILING AFTER 60 DAYS. Order to be prepared by Movant.(related document(s) 1265 Relief from Stay and Notice of Motion, 1277 Objection, 1280 Objection) (Scott, Cherita)

Since it was “denied without prejudice,” Sparkle Pop can refile its motion again with adjustments. It’s possible there was an error in the original filing or new information that has dropped that impacts the original.

We’ll have more information as this court case continues and update this one if more details emerge as to the reason the motion was denied.

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