Tag Archives: sparkle pop llc

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)

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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Diamond and Trustee Morgan Fisher Dismissed from Sparkle Pop vs. Alliance Entertainment

In June 2025, Sparkle Pop sued Alliance Entertainment for what it believed to be Alliance’s violation of a non-disclosure and non-solicitation agreement stemming from Alliance’s attempt to purchase the assets of Diamond Comic Distributors during the chapter 11 process.

On July 2025, (old) Diamond jumped into the case joining in as plaintiffs in the adversary proceeding.

There was then an order by the court asking why Diamond and its trustee Morgan W. Fisher shouldn’t be dismissed as intervenors on the case.

Fisher and (old) Diamond filed a response on June 18 but then that response was withdrawn on August 6.

The Trustee has determined that, at this juncture, there is no continued benefit to the Estates from his participation in this Adversary Proceeding and that dismissal of the Debtors and Trustee from this Adversary Proceeding is appropriate.

As such:

ORDERED, that Diamond Select Toys & Collectibles, LLC; Comic Exporters, Inc.; Comic Holdings, Inc.; Diamond Comic Distributors, Inc.; and Morgan Fisher, Chapter 7 Trustee are hereby DISMISSED from this adversary proceeding.

What was a two-on-one case is back to just being Sparkle Pop vs. Alliance Entertainment. While there’s another lawsuit between (old) Diamond, Fisher versus Alliance Entertainment, the stepping back from this case is an intriguing one.

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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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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.

Discovery and Confidentiality settled in Sparkle Pop v. Alliance Entertainment

In June 2025, Sparkle Pop began a proceeding against Alliance Entertainment for “disregard of binding non-disclosure and non-solicitation obligations and its theft of valuable of trade secrets.” For those who might not remember, Alliance Entertainment originally won the bid for Diamond’s assets, then Diamond went with Universal Distribution and Ad Populum (Sparkle Pop’s parent company), then back to Alliance. Then Alliance ended their bid claiming fraud by Diamond and those involved. Eventually Universal Distribution and Ad Populum/Sparkle Pop won the bid.

Sparkle Pop accuses Alliance for abusing the bankruptcy process and gaining inside access to Diamond’s “employees, trade secrets, and proprietary information, all while delaying the sale of assets to legitimate purchasers.” Alliance recently hired seven Diamond employees which Sparkle Pop calls “poaching” and claiming it has “hobbled” its business. It further claims Alliance has “exploited its inside knowledge of Diamond Comic’s confidential information to usurp key distribution relationships with vendors and customers, further undermining the business.”

Alliance has signed a non-disclosure and non-solicitation agreement that bars the accused conduct according to the motion.

Two new orders have been handed down in the case regarding confidentiality and discovery.

The confidentiality order states that party to the litigation and non-party information can designate things “confidential” that contain trade secrets, sensitive technical information, marketing, financial, sales, and other business, contains private personal information, information that’s gained in confidence from third parties, and other information that falls under this in good faith.

It also lays out information that’s “Attorneys’ Eyes Only” and what confidential material can be disclosed. It also goes on about what happens if there’s a data breach, or unintentional disclosure.

We’re expecting a lot of this as the case progresses but we’ll do what we can to connect the dots.

Also release is the order regarding “discovery and electronically stored information.” Discovery is the process when the parties hand over information to each other relevant to the case, think emails, texts, Slack messages, that sort of thing. It can involve millions of documents that have to be gone through. This document goes through the details of the information, the format it has to be provided, and a lot more small details as to the data involved.

We’ll be having an expert on to talk about the discovery process and the details of this order.

You can read both documents below.

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Discovery Dates in Sparkle Pop’s Adversary Proceeding Against Alliance Entertainment Set

In June 2025, Sparkle Pop began a proceeding against Alliance Entertainment for “disregard of binding non-disclosure and non-solicitation obligations and its theft of valuable of trade secrets.” For those who might not remember, Alliance Entertainment originally won the bid for Diamond’s assets, then Diamond went with Universal Distribution and Ad Populum (Sparkle Pop’s parent company), then back to Alliance. Then Alliance ended their bid claiming fraud by Diamond and those involved. Eventually Universal Distribution and Ad Populum/Sparkle Pop won the bid.

Sparkle Pop accuses Alliance for abusing the bankruptcy process and gaining inside access to Diamond’s “employees, trade secrets, and proprietary information, all while delaying the sale of assets to legitimate purchasers.” Alliance recently hired seven Diamond employees which Sparkle Pop calls “poaching” and claiming it has “hobbled” its business. It further claims Alliance has “exploited its inside knowledge of Diamond Comic’s confidential information to usurp key distribution relationships with vendors and customers, further undermining the business.”

Alliance has signed a non-disclosure and non-solicitation agreement that bars the accused conduct according to the motion.

There’s lots of details about violations of NDAs, employee’s confidentially obligations, and that Alliance is attempting to poach Amazon away from Diamond. Former Diamond employees named include Joe Lunday who called Amazon on his last day to tell them of his switching of employers. Diamond Comic’s law firm Saul Ewing has sent a cease-and-desist letter to Alliance on behalf of Diamond.

The motion claims the following counts:

  1. Violation of the DTSA
  2. Violation of the Maryland Uniform Trade Secrets Act
  3. Tortious Interference with Employment Contracts
  4. Tortious Interference with the APA and TSA
  5. Injunctive Relief

Sparkle Pop is seeking damages to be proved during trial, a temporary restraining order, preliminary injunction and permanent injunction that would prevent further soliciting Diamond employees or any business relationship with Amazon, and using any Diamond trade secrets.

Since June, things have gone a bit wonky. In December of 2025, the parties agreed to some deadlines but Diamond also began to convert from Chapter 11 to Chapter 7 and there was a stay placed on the proceedings until February 2026.

The parties have filed a motion amending the scheduling order and clarify the applicable deadlines now that the stay has been lifted.

Per the latest filing:

  1. Fact discovery will continue through November 30, 2026. The Parties may take fact depositions at any time prior to the expiration of the fact discovery deadline.
  2. The parties will submit a confidentiality order and protocol for the exchange of electronically stored information to the Court for approval on or before May 27, 2026.
  3. Any motion to amend pleadings must be electronically filed no later than August 14, 2026.
  4. All other terms of the Joint Report that will binding upon the partes.

Discovery is a key part of trials where the parties get information from each other regarding the case. So, think documents, email and text conversations, stuff like that. It can involve millions of documents that have to be gone through and can be used as evidence in the case.

So, with discovery continuing through November 30, expect this case to go into 2027. You can check out the filed motion below:

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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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