UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

In re:

SEVEN STARS ON THE HUDSON CORP. CASE NO.: 19-17544-RBR

CHAPTER 11

Debtor / 

DEBTOR IN POSSESSION’S APPLICATION TO RETAIN THE LAW OFFICE OF 

KATHLEEN A. DALY, P.A. AS SPECIAL COUNSEL FOR THE DEBTOR, 

NUNC PRO TUNC TO THE PETITION DATE 

Seven Stars on the Hudson Corp, Debtor in possession, respectfully requests an order of 

the Court authorizing the employment of Kathleen A. Daly, Esq. of the law office of Kathleen A. 

Daly, P.A. (“Special Counsel”) as special counsel in this case and states:

1. Chapter 11 Case. On June 5, 2019, the Debtor filed a voluntary petition under chapter

11 of the United States Bankruptcy Code.

2. Description of Debtor and Debtor’s Business. Debtor is a trampoline amusement park

which operates out of its leased location at 5300 Powerline Road, Fort Lauderdale,

Florida 33309 (“Premises”).

3. Special Purpose. Special Counsel will represent the Debtor in connection with a lawsuit

against the landlord of the Premises.

4. Qualifications. Special Counsel has been selected because Special Counsel has

experience in matters of this nature and is well qualified to provide necessary services

to the Debtor.

5. Terms of Compensation. The Debtor-In-Possession (“DIP”) and Applicant have agreed

upon the following terms of compensation and reimbursement of actual, reasonable

necessary expenses attendant to the proposed services of Applicant:

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(i) Fees:

(a) Applicant received a pre-petition retainer of $5,000.00 from the DIP in April 

2019 (the “Pre-petition Retainer”). Upon Bankruptcy Court approval of the 

terms proposed herein, the principals of the Debtor-in–Possession, Jens Berding 

and Eddy Manzo-Berding (collectively, “Berdings”) shall advance an 

additional $2,500.00 to Applicant (the “Supplemental Retainer”), subject to the 

right of the Berdings to seek reimbursement of the Supplemental Retainer as a 

Chapter 11 administrative claim if and when funds are available to pay such, 

and only upon subsequent motion and order of the United States Bankruptcy 

Court for the Southern District of Florida, Fort Lauderdale Division, in In re 

Seven Stars on the Hudson Corp, case number 19-17544-RBR (the 

“Bankruptcy Court”). The Pre-petition Retainer and Supplemental Retainer, 

totaling $7,500.00, are hereafter collectively referred to as “First Retainer.”

(b) In addition, one-hundred twenty (120) days after entry of the order approving 

retention of Applicant, Applicant shall be entitled to the payment of a second 

retainer of an additional $7,500.00 (the “Second Retainer”). The Second 

Retainer shall be paid by the Berdings, subject to the right of the Berdings to 

seek reimbursement of the Second Retainer as a Chapter 11 administrative 

claim if and when funds are available to pay such, and only upon subsequent 

motion and order of the Bankruptcy Court. The First Retainer and Second 

Retainer (totaling $15,000.00) are sometimes hereinafter referred to 

collectively as the “Retainers.” 

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(c) The Applicant shall bill against, and be paid from, the Retainers at her standard 

billable rate of $250.00 per hour. The DIP reserves to the right to object in 

writing to the bills of the Applicant. In turn, Applicant reserves the right to 

withdraw from the Retainers to be approved herein, such withdrawal only to be 

effective upon order of the Bankruptcy Court so authorizing if any such 

payment disputes are not resolved by mutual agreement.

(d) After exhaustion of the $15,000.00 provided under the Retainers, all work 

performed by Applicant shall be performed under a contingency fee 

arrangement whereby the Applicant shall be entitle to receive one-third (33 and 

1⁄3 percent) of all gross funds actually recovered by and paid to the DIP as 

damages in the litigation to be brought by the Applicant on behalf of the DIP 

(the “Contingency Fee”). The first $15,000.00 of the Contingency Fee shall be 

deemed paid by crediting the payment of the initial $15,000.00 under the 

Retainers.

(ii) Expenses:

(a) Applicant shall be entitled to the payment of the actual, reasonable necessary 

expenses incurred in prosecuting the litigation contemplated by this retention 

(“Expenses”). Applicant shall present a billing of all such Expenses by the 15th

of each month to the DIP (through both its bankruptcy counsel of record and

the Principals) for the prior month’s expenses. Any month’s Expenses not 

requested by the 15th of the next month may be included in requests submitted 

in subsequent months.

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(b) The Expenses shall be paid to Applicant within 45 days of their submission to 

the DIP. Expenses shall be paid directly to Applicant by the DIP upon an order 

of the Bankruptcy Court so authorizing. In the event such order is not obtained, 

then the Expenses shall be paid by the Berdings, subject to the right of the 

Berdings to seek reimbursement of the paid Expenses as a Chapter 11 

administrative claim if and when funds are available to pay such, and only upon 

subsequent motion and order of the Bankruptcy Court. 

(c) The DIP reserves to the right to object in writing to the claimed Expenses of 

the Applicant. In turn, Applicant reserves the right to withdraw from the 

retention to be approved herein (such withdrawal only to be effective upon 

order of the Bankruptcy Court so authorizing) if any such payment disputes are 

not resolved by mutual agreement. 

(iii) Exclusive Bankruptcy Court Jurisdiction Over the Parties as to All Aspects of this 

Agreement

(a) Applicant, DIP and the Berdings shall be subject to the exclusive jurisdiction 

of the Bankruptcy Court as to all aspects of professional compensation and 

reimbursement of expenses addressed herein.

(b) Nothing contained herein shall limit the authority of the Bankruptcy Court to 

adjudicate any issues relating to the retention and compensation of 

professionals pursuant to Chapter 3 of Title 11, United States Code. 

6. Disinterested. Debtor is informed and believes that Special Counsel is a disinterested

person within the meaning of 11 U.S.C. § 101(14) and holds no interest adverse to the

estate.

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7. Verified Statement. A verified statement of Kathleen A. Daly, Esq. in support of this

application is attached hereto.

WHEREFORE, the Debtor respectfully requests and order authorizing retention of 

Kathleen A. Daly, Esq. of the Law Office of Kathleen A. Daly, P.A., as Special Counsel, nunc pro 

tunc to the date of the Chapter 11 petition. 

Dated: July 8, 2019 By: /s/ Sonya Salkin Slott, Esq.

Sonya Salkin Slott, Esq. 

FLBN 603910 

The Salkin Law Firm, P.A. 

PO Box 15580 

Plantation, FL 33318 

954-423-4469 

Attorney for Debtor

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Law Office of Kathleen A. Daly, P.A.

515 N. Flagler Drive, Ste. P-300 

West Palm Beach, FL 33401 

(561) 293-8514 (Office) 

(917) 301-2437 (Cell) 

(800) 395-8692 (Fax) 

kdaly@kadalylaw.com 

 

 

CONTRACT FOR LEGAL SERVICES

 

THIS CONTRACT FOR LEGAL SERVICES (“Agreement”) made and entered into this __ day 

of July, 2019 by and between, JENS A. BERDING and EDDY MANZO-BERDING, each having 

an address 2108 NE 63rd St., Ft. Lauderdale, FL 33305 (collectively the “Berdings ”) and SEVEN 

STARS ON THE HUDSON CORP. (“Seven Stars” or “Client”), located at 5300 N. Powerline 

Rd., Bay 6 & 7, Ft. Lauderdale FL 33309 (the “Premises). The LAW OFFICE OF KATHLEEN 

A. DALY, P.A., 515 N. Flagler Drive, Ste. P-300, West Palm Beach, FL 33401, hereinafter is 

referred to as "ATTORNEY": 

WITNESSETH: 

 

The CLIENT is the Chapter 11 Debtor in the bankruptcy case of In re Seven Stars on the Hudson 

Corp, case number 19-17544-RBR (the “Bankruptcy Case”) currently pending in the United 

States Bankruptcy Court for the Southern District of Florida, Fort Lauderdale division (the 

“Bankruptcy Court”). The Berdings are the sole principals of the CLIENT and are authorized to 

act on its behalf, subject to the requisite approvals of the Bankruptcy Court.. 

The retention of ATTORNEY contemplated by this Agreement is for legal services in 

conjunction with a lawsuit to be commenced by the CLIENT against the landlord of the Premises 

as well as other entities or persons acting against the Debtor’s interests in connection with its use 

of the Premises. 

By this retainer agreement, after Bankruptcy Court approval of the same, CLIENT hereby gives 

to said ATTORNEY the exclusive right to take all legal steps to represent the CLIENT’S interests 

with respect to the litigation noted above and ATTORNEY promises to work with CLIENT’S other 

counsel in connection with the prosecution of all claims asserted and to be asserted in the 

contemplated action noted above. 

 

In April of 2019, CLIENT and the Berding Individuals were a party to a previous agreement for 

the provision of legal services (the “April 2019 Agreement”) by the ATTORNEY. The 

ATTORNEY received a $5,000.00 retainer payment in conjunction with the April 2019 

Agreement. This Agreement supplants and replaces the April 2019 Agreement as to the CLIENT 

without disturbing the $5,000.00 retainer already received by the ATTORNEY, as more fully 

described in the financial terms described below. 

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Fees: 

 

(a) ATTORNEY received a pre-petition retainer of $5,000.00 from the CLIENT in April 

2019 (the “Pre-petition Retainer”). Upon Bankruptcy Court approval of the terms proposed 

herein, the Berdings shall advance an additional $2,500.00 to ATTORNEY (the “Supplemental 

Retainer”), subject to the right of the Berdings to seek reimbursement of the Supplemental 

Retainer as a Chapter 11 administrative claim if and when funds are available to pay such, and 

only upon subsequent motion and order of the Bankruptcy Court. The Pre-petition Retainer and 

Supplemental Retainer, totaling $7,500.00, are hereafter collectively referred to as “First 

Retainer.” 

(b) In addition, one-hundred twenty (120) days after entry of the Bankruptcy Court order 

approving retention of ATTORNEY, ATTORNEY shall be entitled to the payment of a second 

retainer of an additional $7,500.00 (the “Second Retainer”). The Second Retainer shall be paid 

by the Berdings, subject to the right of the Berdings to seek reimbursement of the Second 

Retainer as a Chapter 11 administrative claim if and when funds are available to pay such, and 

only upon subsequent motion and order of the Bankruptcy Court. The First Retainer and Second 

Retainer (totaling $15,000.00) are sometimes hereinafter referred to collectively as the 

“Retainers.” 

(c) The ATTORNEY shall bill against, and be paid from, the Retainers at her standard 

billable rate of $250.00 per hour. The CLIENT reserves to the right to object in writing to the 

bills of the ATTORNEY. In turn, ATTORNEY reserves the right to withdraw from the Retainers 

to be approved herein, such withdrawal only to be effective upon order of the Bankruptcy Court 

so authorizing if any such payment disputes are not resolved by mutual agreement. 

(d) After exhaustion of the $15,000.00 provided under the Retainers, all work performed by 

ATTORNEY shall be performed under a contingency fee arrangement whereby the ATTORNEY 

shall be entitle to receive one-third (33 and 1⁄3 percent) of all gross funds actually recovered by 

and paid to the CLIENT as damages in the litigation to be brought by the ATTORNEY on behalf 

of the CLIENT (the “Contingency Fee”). The first $15,000.00 of the Contingency Fee shall be 

deemed paid by crediting the payment of the initial $15,000.00 under the Retainers. 

Expenses: 

(a) ATTORNEY shall be entitled to the payment of the actual, reasonable necessary 

expenses incurred in prosecuting the litigation contemplated by this retention (“Expenses”). 

ATTORNEY shall present a billing of all such Expenses by the 15th of each month to the 

CLIENT (through both its bankruptcy counsel of record and the Principals) for the prior month’s 

expenses. Any month’s Expenses not requested by the 15th of the next month may be included in 

requests submitted in subsequent months. 

(b) The Expenses shall be paid to ATTORNEY within 45 days of their submission to the 

CLIENT. Expenses shall be paid directly to ATTORNEY by the CLIENT upon an order of the 

Bankruptcy Court so authorizing. In the event such order is not obtained, then the Expenses shall 

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