IHC Bankruptcy Monitor: Lender Agreements Approved as Fort Myers, Delray Beach and Melbourne Face Serious Loss Concerns

Iorio Law PLLC

Weekly Updates for Inspired Healthcare Capital DST Investors

October 23, 2026 | By August M. Iorio | Iorio Law PLLC


Updated October 23, 2026, incorporating the October 23 docket review.

Since our October 12 IHC Bankruptcy Monitor update, the Bankruptcy Court has entered property-specific sale orders and approved agreements with three secured lenders. Those developments move Inspired Healthcare Capital’s bankruptcy forward, but they do not establish how much Delaware statutory trust investors will recover. Read the October 12 update.

The most consequential new development for Fort Myers DST investors is the court’s October 20 approval of an agreement involving mortgage lender Stride Bank, the Debtors, and both official creditor committees. Separate agreements involving Pinnacle Bank and Provident Bank could affect several other DSTs.

The agreements’ economic terms remain sealed. Investors therefore should not assume that the lenders reduced their claims or that money has been set aside for beneficial-interest holders.

Meanwhile, the previously disclosed financial figures continue to raise particularly serious concerns for Fort Myers, Delray Beach, and Melbourne. Under those figures, the sale proceeds are insufficient to cover the lenders’ asserted payoffs and identified expenses. Grapevine presents a different picture: a positive preliminary remainder, but unresolved questions about allocation and the amount ultimately available to investors.

What Has Changed Since October 12?

Two developments distinguish this update from our last report.

First, the court entered written sale orders on October 13. These include Dkt. 1972 covering Fort Myers, Delray Beach, Dunedin, Melbourne, Largo, and Pinellas Park; Dkt. 1971 covering Augusta, Augusta vacant land, and Reno; and Dkt. 1973 covering Eugene, Las Vegas, and Grapevine.

Additional entered orders cover other communities, including Naperville, North Haven, Hamilton, Dartmouth, Candle Light Cove, New Braunfels, San Marcos, Round Rock, Brookhaven, Athens, Arlington Heights, and Eatonton.

Second, the court approved three lender stipulations on October 20. Dkts. 2080–2082 concern Stride, Pinnacle, and Provident, respectively.

An entered sale order authorizes a transaction. It does not, standing alone, establish that the transaction closed, that all proceeds were allocated, or that investors received a distribution. The materials reviewed for this update do not establish a finalized DST-by-DST recovery schedule.

Which IHC DSTs Face the Clearest Property-Sale Loss Concerns?

The financial information in the Debtors’ October 9 collateral-surcharge motion, Dkt. 1920, remains an important starting point. These are previously disclosed figures—not new October 20 settlement terms.

CommunityReported sale priceLender-asserted payoffIdentified expensesPreliminary remainder after both deductions
Fort Myers$13.20 million$12.61 million$1.49 millionApproximately −$903,000
Delray Beach$26.10 million$28.90 million$2.06 millionApproximately −$4.87 million
Melbourne$10.00 million$16.25 million$1.32 millionApproximately −$7.57 million
Grapevine$18.125 million$15.57 million$1.12 millionApproximately +$1.44 million

Amounts are rounded. The final column is illustrative arithmetic, not a court-approved distribution calculation. Payoff figures have different calculation dates, remain subject to dispute, and may be affected by subsequent agreements. The table does not resolve allocation between DSTs and affiliated operating entities.

The strongest inference from these figures is that Fort Myers, Delray Beach, and Melbourne investors face a substantial risk of losing significant principal, potentially including all amounts otherwise recoverable from residual property-sale proceeds. They do not establish final losses across every possible recovery source.

Fort Myers: A New Stride Agreement, but No Public Recovery Answer

Fort Myers illustrates why the October 20 agreements matter.

The previously disclosed $13.2 million sale price exceeds Stride Bank’s asserted $12,609,561 payoff by just $590,439. Identified expenses of $1,493,277 exceed that difference by $902,838.

On that calculation, there is no positive residual after paying both the asserted payoff and identified expenses in full.

The Debtors requested a $902,838 surcharge against Stride’s collateral. That request is intended to shift qualifying expenses to the lender’s collateral; it is not an additional expense on top of the $1.49 million.

On October 20, the court entered Dkt. 2080, approving a stipulation involving Stride, the Debtors, the Official Committee of Unsecured Creditors, and the Official Committee of DST Investors. The underlying stipulation was filed under seal at Dkt. 2067.

That is a meaningful development. However, the available information does not establish whether Stride reduced its payoff, agreed to a particular proceeds allocation, released held-back funds, or resolved the surcharge request.

The appropriate assessment is that Fort Myers continues to present serious principal-loss concerns, while the effect of the approved lender agreement remains unknown.

The previously identified $5 million holdback is not a promised investor recovery. It concerns proceeds subject to competing claims, rather than a separate pool that can simply be added to investor equity.

Delray Beach: The Asserted Debt Exceeds the Sale Price Before Expenses

For Delray Beach, the reported $26.1 million sale price falls approximately $2.8 million below the lender’s asserted $28.9 million payoff—even before expenses.

Adding approximately $2.06 million in identified expenses produces an illustrative shortfall approaching $4.87 million.

Those figures provide a concrete basis for concern that the property sale will leave no residual equity for DST investors if the asserted debt and identified costs are paid in full.

That conclusion remains conditional. Disputes over liens, lender claims, expense treatment, and proceeds allocation can affect the outcome. The figures nevertheless show why sale approval alone offers little assurance of principal recovery for Delray Beach investors.

Melbourne: A Particularly Large Gap Between Sale Price and Asserted Debt

Melbourne’s reported $10 million sale price is approximately $6.25 million below the lender’s asserted $16.25 million payoff. Identified expenses of approximately $1.32 million increase the illustrative shortfall to roughly $7.57 million.

This is a substantial gap before considering any return of investor capital.

The court’s October 20 approval of the Pinnacle stipulation at Dkt. 2081 is therefore relevant. Pinnacle is the successor by merger to Synovus, whose documented lending relationships include Melbourne, Brookhaven, and Reno.

However, the underlying agreement at Dkt. 2060 is sealed. Its precise scope and treatment of Melbourne cannot be determined from the approval alone.

Melbourne presents a serious risk of little or no residual property-sale recovery for beneficial-interest holders under the previously disclosed figures. Whether the approved agreement changes that assessment materially remains an unanswered question.

Grapevine: A Positive Preliminary Remainder Is Not Full Principal Recovery

Grapevine differs from the other three properties.

Its reported $18.125 million sale price exceeds the approximately $15.57 million asserted payoff and $1.12 million of identified expenses by roughly $1.44 million.

That positive remainder does not establish an investor distribution. Allocation between the DST and affiliated entities remains important, and the extent and priority of HPI’s liens are disputed in Adversary Proceeding No. 26-09012.

Nor does a positive remainder establish that investors will recover their original principal. That requires comparing the amount actually distributable to beneficial-interest holders with their invested capital.

The available information supports concern about Grapevine’s recovery, but does not support a reliable investor-loss percentage or a conclusion that its outcome will match Fort Myers, Delray Beach, or Melbourne.

Other DSTs Potentially Affected by the Lender Agreements

The October 20 approvals extend beyond Fort Myers.

Approved agreementDocumented lender relationships potentially affectedWhat remains unknown
Stride — Dkt. 2080Fort MyersPayoff treatment, allocation, holdback disposition, and surcharge resolution
Pinnacle — Dkt. 2081Brookhaven, Melbourne, RenoPrecise property coverage and economic terms
Provident — Dkt. 2082Dunedin, Candle Light Cove, Hamilton, North HavenTreatment of interest, collateral proceeds, and other lender claims

These relationships identify properties worth monitoring. They do not establish that every listed DST received a concession or will sustain a particular loss.

For Augusta and Eugene, the October 13 sale orders are a procedural advance. The materials reviewed do not supply a new finalized distribution calculation for either DST. The shortfalls at Fort Myers, Delray Beach, and Melbourne should not be applied to them without property-specific evidence.

Financing and Interest Claims Remain Important

On October 20, the Debtors filed Dkt. 2085, seeking a Third Final Order concerning postpetition financing and cash-collateral use. The request includes liens, superpriority administrative claims, and protections for secured creditors.

The reviewed notice identifies a November 13 objection deadline and a November 17 hearing at 10:30 a.m. Eastern.

Separate Pinnacle and Provident postpetition-interest matters are also scheduled for November 17, according to Dkts. 2083 and 2089.

These matters can affect the proceeds remaining after higher-priority obligations are addressed. The notices do not establish that the requested amounts have been allowed, or how the sealed lender stipulations interact with those requests.

Discovery Developments: Pinnacle Withdraws Examination Request; Committee Hearing Set for November 6

Pinnacle Bank withdrew its emergency request to examine Chief Restructuring Officer M. Benjamin Jones under Bankruptcy Rule 2004. The withdrawal appears at Dkt. 2059. This ends that examination request, but does not establish that Pinnacle withdrew its other claims or objections, or explain the economic terms of its separate lender agreement.

Separately, Dkt. 2050 rescheduled the hearing on the Official Committee of Unsecured Creditors’ third supplemental Rule 2004 request and its request for discovery from the Debtors’ tax and auditing professionals to November 6, 2026, at 2:30 p.m. Eastern.

These proceedings concern efforts to obtain information. The discovery requests are not findings of wrongdoing, and the hearing notice does not establish that the requested discovery has been authorized.

What Investors Should Watch Next

The next meaningful recovery information will come from:

  • Confirmed closings and actual proceeds received.
  • Publicly available information about lender concessions and approved claim amounts.
  • Decisions concerning surcharge requests and disputed liens.
  • Allocation of proceeds between DSTs and affiliated operating entities.
  • Authorized distributions identifying what beneficial-interest holders will receive.

Current access to the docket in the FINRA-related adversary proceeding, Adv. Proc. No. 26-09006, remains incomplete. The October 23 review could not reliably verify whether additional activity occurred during October 17–22. Accordingly, this update does not confirm that the injunction remained unchanged during that period. Investors should have counsel verify the operative orders before taking action on an affected claim.

For investors evaluating losses, the essential distinction remains between property-sale proceeds, bankruptcy distributions, and potential recoveries through claims against other parties. The severe property-level shortfalls identified above do not determine every potential source of recovery.

About Iorio Law PLLC

Iorio Law PLLC represents investors in securities arbitration disputes involving Delaware Statutory Trusts and other complex alternative investments. If you invested in an Inspired Healthcare Capital DST and would like to discuss how the bankruptcy proceedings, property sales or potential claims involving the recommendation of the investment may affect your rights, you can contact Iorio Law PLLC for a confidential consultation.

This article is for informational purposes only and does not constitute legal, tax or investment advice. Bankruptcy proceedings can change quickly, and information concerning proposed or approved transactions may change before closing. The identification of any brokerage firm or financial professional does not constitute a finding of wrongdoing or liability. Past results do not guarantee future outcomes.

Client Reviews

August represented my associate and me in the GWG arbitration and accomplished what we thought was impossible. He successfully tracked down the elusive owner of a firm—who had sold the company shortly after our issue arose—and secured a fair settlement for us. Another law firm had already told me...

Allan F.

August Iorio is a wonderful, very competent attorney. He helped me through a very complicated financial situation to a result that benefitted me greatly. He is responsive, efficient, and very accommodating to my personal situation. I highly recommend him.

Christine L.

I was impressed with August Iorio's directness and clarity in explaining the claim process and how it might work out. I also appreciated his promptness in getting back to me when I had questions or other concerns. The law firm is very good at what it does.

Art H.

August Iorio was the lead on our case. His professional demeanor, partnered with his responsiveness to our questions, suggestions, and ideas made us feel as if we were a team with a common goal. He always kept us updated and informed and gave us realistic expectations which resulted in a timely...

EB & SB.

Contact Us

  1. 1 Free Consultation
  2. 2 Nationwide Practice
  3. 3 No Recovery, No Fee*
Fill out the contact form or call us at (646) 330-4624 to schedule your free consultation.

Let’s Discuss Your Case