Tag Archives: bankruptcy

Fight Over Consigned Goods Continues with Objections and a Settlement with Sparkle Pop

One of the major issues that has yet to still be resolved regarding Diamond’s Chapter 7 process is the status of consigned goods being held by (old) Diamond and stored by Sparkle Pop.

At issue is that some inventory was provided by publishers to (old) Diamond when it was in business that was provided on consignment. When Diamond went into Chapter 11, they claimed the goods were theirs due to the lack of some paperwork filed by publishers and the goods were used to obtain a loan. The publishers of course say the goods are theirs and want it back. A fight has been ongoing with a lot of maneuvering in the court.

The Trustee who is overseeing the Chapter 7 case has asked for an extension of a deadline to figure out how to deal with it all.

The Ad Hoc Committee of Consignors as well as members of the Consignment Group have objected for a further deadline extension with a filing featuring some pretty harsh words.

The Ad Hoc Committee of Consignors claims that the delays is an intension to “use remaining estate assets on litigation and attorney’s fees rather than paying creditors.” Instead of using the time to “build consensus and explore settlement opportunities,” the Trustee has used the first sixty days to hire a litigation team in Florida.

Objections to Diamond’s claims have been submitted since at least May 15, 2025 and have dragged out since.

The filing by The Ad Hoc Committee of Consignors is an interesting read laying out their case an argument and you can get a sense of the frustration. The Consignment Group reveals some dirt as to how much is owed to some of the publishers while pointing out that Diamond’s November Operating Report shows $1,308,292.00 cash on hand.

ConsignorPetition Disclosable Economic Interest in Case
Aspen Mlt, Inc$1,890.50 (Scheduled Amount)
Black Mask Studios$2,000.15 (Scheduled Amount)
Creative Mind Energy$12,878.62 (Scheduled Amount)
Dark Horse Comics, Inc$86,927.11 (Proof of Claim No. 692)
DSTLRY Media$65,013.15 (Scheduled Amount)
Dynamic Forces, Inc$244,201.44 (Proof of Claim No. 680)
Graphic Mundi – PSU Press$15,523.33 (Scheduled Amount)
Heavy Metal Entertainment$363.37 (Scheduled Amount)
Magnetic Press LLC$51,067.53 (Proof of Claim No. 684)
Massive Publishing LLC$40,700.69 (Proof of Claim No. 703)
Oni-LF Publishing Group, LLC$179,942.40 (Proof of Claim No. 682)
Panini UK Ltd$4,993.05 (Scheduled Amount)
Punk Bot Comic Books, LLC$122,006.87 (Proof of Claim No. 509)
Titan Publishing Group Ltd$413,898.17 (Proof of Claim No. 49)
Total$1,241,450.29

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In a more surprising turn of events, the Chapter 7 Trustee and Sparkle Pop have reached a settlement to:

finally resolve the above captioned bankruptcy estates’ interests in the Consigned Goods, the Distribution Agreements, and the Consignment Litigation (as those terms are defined in the Motion) a component of which is the potential sale and assignment of the estates’ interest therein.

The settlement involves:

  1. Sparkle Pop will pay the Trustee $1,000,000, 75% of the first $1,500,000 in Net Proceeds of the Consigned Inventory. Sparkle Pop gets 30% of the gross proceeds as an expense association with selling the Consigned Inventory.
  2. If the date this gets settled is before March 1, Sparkle Pop is allowed to get administrative expense claim against the Bankruptcy Estates in the amount of $435,000 and if the effective date is after March 1, that goes up to $585,000.
  3. The Trustee is selling and assigning all of the Bankruptcy Estates’ rights in the Consigned Inventory to Sparkle Pop.
  4. No more than 10 days after the date of approval, the following actions will be taken:
    • a. Withdraw, with prejudice, the Motion (I) to Enforce the Automatic Stay, (II) To Enforce the Sale Order, and (III) Granting Related Relief [D.I. 784]; and
    • b. Substitute as plaintiff, or proceed to dismiss, without prejudice, the Consignment Adversary Proceedings.
  5. Sparkle Pop will provide a list of Consignment Agreements designated for assumption and assignment along with Sparkle Pop’s proposed cure cost for each.

We’re sure the publishers will be responding to this proposal. You can read the documents below:

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Bankruptcy Counsel and Accountant Updates for Diamond’s Chapter 7 Process

There’s been some updates to Diamond‘s chapter 7 process and the winding down of its chapter 11. Two are proposed additions to the team handling the chapter 7 process.

Larry Strauss and Larry Strauss ESQ, CPA & Associates, Inc. have been approved and ordered as accountants to the Trustee.

Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A. have been proposed as the bankruptcy counsel for the case to support the Trustee.

The hourly rates would be:

Partners: $650.00 to $975.00 per hour
Associates: $350.00 to $625.00 per hour
Paralegals: $200.00 to $325.00 per hour

You can see related documents for both below:

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Breaking: Diamond Submits its Final Chapter 11 Report. Financial State Revealed!

Diamond Comic Distributors

In December, Diamond‘s chapter 11 process was changed to chapter 7 ending one part of the process and beginning a new one that will end the drama that began January 2025. The case was converted to chapter 7 on December 31, 2025 at 11:59 pm.

As part of that, Diamond is required to file a final report which includes:

  • A Summary of Bank Accounts and Cash Balances as of Conversion Date
  • B Schedule of Other Receivables as of Conversion Date
  • C Consigned Inventory Balance as of Conversion Date
  • D Summary of Unpaid Chapter 11 Debts as of Conversion Date

First up is the summary of Bank Accounts and Cash Balances as of December 31.

  1. Alliance Game Distributors Alliance Depository $6,527.87
  2. Diamond Comic Distributors, Inc. Operati Diamond Operating $114,203.77
  3. Diamond Comic Distributors, Inc. Diamond Controlled Disbursement $1,373.70
  4. Diamond Comic Distributors, Inc. Diamond Depository $153,367.86
  5. Diamond Comic CAD BMO CAD$ $33,192.22
  6. Diamond Comic USD BMO USD$ $2,040.78
  7. Diamond Comic Distributors Inc DCD JPM Canadian – CAD$ $(16.52)
  8. Diamond Comic Distributors Inc DCD JPM Canadian – USD$ $(0.62)

Balances in items #1, #4, #5, and #6 represent funds collected from customers for the account of Universal Distribution and Sparkle Pop.

$108,568.92 of such amount represents amounts funded under the Sparkle Pop TSA.

Receivables as of December 31 are as follows:

DescriptionAmount
Due From Renegade Games 68,998.27
Due From E Gerber Products 26,162.69
Due From Diamond Select Toys 7,548,878.24
Due From Diamond International Galleries 3,698,722.31
Due From Gemstone494,250.13
Due From S Geppi186,139.66
Due From Rosebud1,745,256.00
Net Due From Affiliates$13,768,407.30

Then there’s the Consigned Inventory Balance which shows off why this is such a contentious issue:

DescriptionBook ValueRetail
Consignment Vendor Total47,395,013.95113,737,037.14

And finally, the final summary of unpaid Chapter 11 Debts as of December 31, 2025:

DescriptionBalance
DIP Interest Expense123,396
December Consignment Storage126,506
Post Petition AP – Alliance Games993,314
Post Petition AP – Diamond Comics1,656,086
Total2,899,302

For those that like the official documents…

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Update: JPMorgan and Sparkle Pop’s Time to Respond to Questions over their Interest in Diamond Inventory Extended

The Diamond chapter 11 process is now chapter 7 and with that, it creates a ripple across numerous related lawsuits. One such group of lawsuits involves JPMorgan‘s “Validity, Priority or Extent of a Lien or Other Interest in Property.” In question is inventory that Diamond has that is consignment goods provided by publishers. The goods are being held in a warehouse controlled by Sparkle Pop. It is before the court as to figure out who actually owns the inventory. Does Diamond, who can then sell it and pay back its creditors, like JPMorgan? Also, what claim does JPMorgan have as far as the inventory since the inventory was used as collateral by Diamond to get a loan?

The question concerns multiple lawsuits spanning multiple publishers with all of the various court documents similar. JPMorgan now has until February 16, 2026 to respond to this.

Update: Sparkle Pop‘s time to respond to the same complaint has also been extended to February 16. The order is below.

Original complaint example:

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Klestadt Winters Jureller Southard & Stevens withdraws as NECA’s Counsel for Diamond’s Chapter 11 Case

As Diamond‘s chapter 11 process is now chapter 7, there’s been shifts in the case such as an appointment of a trustee to oversee the chapter 7 process. As part of that process, counsel for other parties will begin to withdraw from the case as their services are no longer needed. Klestadt Winters Jureller Southard & Stevens has notified the court it’s withdrawing from the case as the counsel to NECA.

The Firm’s engagement on behalf of NECA, LLC was in connection with specific matters that are no longer pending in this Bankruptcy Case. The engagement of the Firm has concluded as to these matters. Local counsel has previously sought to withdraw.

NECA, LLC is no longer involved in this matter and no longer wishes to be represented in this case. Thus, Local Rule (b)(2) in inapplicable.

The local counsel is likely Zvi Guttman who is attempting to become the counsel to the trustee to the case, so this is likely to help that part of the process along.

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Diamond Chapter 11 Lawsuit Sidequests Get Delayed Due to Chapter 7

Diamond‘s chapter 11 case turned into chapter 7 at the end of 2025 and is now moving ahead with the appointment of individuals to manage the process. A question has been out there, how does that impact the numerous lawsuits that have spun out of the chapter 11. There’s lawsuits concerning inventory that (old) Diamond claims it has a right to but is being managed by (new) Diamond, aka Sparkle Pop, and of course (old) Diamond’s loan lender JPMorgan Chase Bank wants their money, so they have a claim too. It’s a lot to keep track of, dozens of separate cases at this point with most being rather quiet but every so often dust gets kicked up. Today was one of those days.

So far today, BOOM! Entertainment, Living the Line, Herman & Greer, Green Ronin Publishing, Fantagraphics, Ablaze, Zenescope, Action Lab Entertainment, American Mythology, Avatar Press, Battle Quest Comics, and Paizo Inc. all have had stipulations released delaying action in their cases.

Each are fighting over that “consignment stock” and the stipulations extend the time for responses. In October, Diamond launched cases against individual publishers over that stock.

In December, Diamond’s chapter 11 was converted to chapter 7 with a stay in place until February 16, 2026.

So, when it comes to all of these side lawsuits and fights, responses are now delayed until that date, February 16. So, whatever comes next, we have a month before we’ll find out.

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Proof of Claim Deadline Set for Diamond’s Chapter 7 Case

Diamond‘s chapter 11 case turned into chapter 7 at the end of 2025 and is now moving ahead with the appointment of individuals to manage the process. Today, the deadline has been set for creditors to submit their proof of claim.

Creditors have until March 11, 2026 to file their claims. Government units have until June 29, 2026 to file theirs.

A proof of claim is a signed statement describing a creditor’s claim along with a for to be filled out. If a proof of claim isn’t filed by the deadline, it might not be paid out. It needs to be filed even if it’s listed in the schedules the debtor filed.

The trustee will then sell the debtor’s (aka Diamond’s) property and then with whatever money is collected, some or all of the debts owed will be paid.

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Diamond Declared Chapter 11 One Year Ago Today

Diamond Comic Distributors

It was on this day in 2025, that Diamond formally declared chapter 11 and entered reorganization. A year later, that chapter 11 process was a failure with the company officially entering chapter 7 at the end of December 2025.

We’re now up to over 200 articles over the year on the topic, about 17 a month. And that was focusing on what I thought were important aspects at the time. There’s a lot I didn’t cover that didn’t seem like it was interesting or newsworthy. Some I was right about, some I was wrong. But, there’s been over 1,100 documents filed at this point, a lot has been gone through over the year.

Since then, Diamond Comic Distributors and Diamond Select were sold off to Sparkle Pop who seems to have burned it all down to the ground. They closed Diamond Select and publishers bolted to different distributors if they could. Many are left still with an unknown future.

Alliance Distribution was sold off to Universal Distribution who looks like they’ll be expanding their operations in the US in 2026 as well as manage Free Comic Book Day. With a track record of game and comic distribution in Canada, this might be the glimmer of good that comes out of all of the bad.

Publishers have almost completely abandoned Diamond 2.0 and it is a shell of what the company once was, the brand is shredded. Still, distribution exclusives for publishers remain, not putting all their eggs in one basket is not a lesson that was learned.

There’s numerous lawsuits that have spun out of the chapter 11, charges of stealing proprietary secrets, claims of fraud, and so much more. It’s worthy of a television drama series. We’ll of course be covering it all with not even a guess as to how it’ll all turn out.

Publishers are still in the air as to what they’ll receive as far as stock still held by old Diamond and creditors have to wait and see what, if anything, they’ll get back that’s owed.

From the ashes of Diamond there are new distributors and new attempts in how to do things, but it’ll take years for that to settle out. Some will succeed. Some will fail. Maybe something will click and chart a new direction and break the current mold of distribution. But, there’s no debate about it, damage has been done across the board.

Small publishers are still scrambling to find distribution some have gone silent. There’s still no master list of every release coming out like Previews used to provide. It’s a fractured, more confusing, more complicated environment that increases time and cost of managing it all for retailers, publishers, and consumers.

The chapter 7 process has barely begun and it’ll likely be months before it’s settled. We can take a bet as to whether it’ll be before or after San Diego Comic-Con 2026. Lawsuits are still active with no end in sight.

We’ve see what happens when “too big to fail” is left to fail.

The lessons learned… I’m still trying to figure that out myself. What I thought would be lessons might not be. We’ve still yet to see all of the fallout from this debacle.

No matter, the comic industry has a chance to build back better. It can take a good survey as to what happened that got to this point. The industry can be honest with itself in a warts and all discussion. It can take lessons and chart a new path forward that lifts everyone. Will that happen? In an industry that’s so resistant to change, modernization, and event reflecting on lessons, that can’t pivot on a dime, that’s unlikely beyond a few talking heads. The true reverberations won’t likely be seen for years to come and by then lessons may be too late.

Saul Ewing LLP and Getzler Henrich Associates File December’s Compensation Reports in Diamond’s Bankruptcy Process

Diamond Comic Distributors

With Diamond‘s chapter 11 process taking almost all of 2025, the expenses for attorneys and other administration have piled up to millions of dollars. Saul Ewing LLP and Getzler Henrich Associates have each filed their December compensation reports requesting over $300,000 more for their work done. With the process now in chapter 7, the bills should slow down, or end, for these companies, as a trustee, new accountant, and new lawyer are being put in place with their own billing to kick up.

Saul Ewing LLP has requested $164,677.20 in compensation (80% of $205,846.50) and an additional $2,981.49 for expense reimbursement.

Getzler Henrich & Associates LLC has requested $154,624.50 in compensation plus an additional $1,471.22 in reimbursement for expenses.

All of that together comes out to $323,754.41.

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Request to add Zvi Guttman as Counsel for Diamond’s Chapter 7 Process Hits a Snag

Diamond Comic Distributors

Diamond‘s bankruptcy is officially now in chapter 7 which means any remaining assets will be liquidated to pay back creditors. Individuals are appointed to handle the process and in December Morgan W. Fisher was named the interim chapter 7 trustee. On January 5, Fisher filed a motion to employ Zvi Guttman as the general counsel to the trustee in the case.

As we noted in our original reporting:

Early in the case, Guttman served as the local counsel to NECA whose affiliates include WizKids, Sparkle Pop, and Kidrobot. Sparkle Pop is one of the companies that purchased Diamond’s assets.

In the filing Guttman states he never spoke to the client and filed motions for the client’s New York counsel, made calls to put the New York counsel in touch with the committee and Debtor’s counsel, and helped the New York counsel attend a telephone hearing. NECA has waived any perceived conflict.

And due to that, Guttman filed to be moved as the counsel for NECA on January 9. But, what might seem like a simple task has a wrench thrown into the process.

The court responded today:

The Court will take no action on the motion unless and until (a) another local counsel for NECA, LLC enters an appearance, or (b) the appearance of NY Counsel is stricken. If such action is not taken by February 27, 2026, the motion will be denied.

The chapter 11 portion of Diamond was chaotic, and it looks like the chapter 7 process isn’t going to be smooth either.

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