UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

In re:

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

CHAPTER 11

Debtor /

INTERIM ORDER AUTHORIZING USE OF CASH COLLATERAL 

NUNC PRO TUNC TO JUNE 5, 2019 AND SETTING FINAL HEARING DATE

THIS MATTER came before the Court on June 12, 2019 upon Debtor’s Expedited Motion 

to Use Cash Collateral Nunc Pro Tunc to June 5, 2019 (DE #5) (the “Motion”). The Court, having 

reviewed the Motion, determined that the relief sought in the Motion is in the best interests of the 

Debtor, its estate, and all parties in interest, heard argument of counsel, finds that good cause exists 

to grant the Motion.

IT IS THEREFORE ORDERED:

1. The Motion is granted and approved on an interim basis pending a final order.

ORDERED in the Southern District of Florida on June 13, 2019.

Raymond B. Ray, Judge

United States Bankruptcy Court

_____________________________________________________________________________

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2. Debtor is authorized to use the cash collateral referenced in the Motion.

3. A copy of this Interim Order shall be served on the Notice Parties within three (3) 

business days from entry.

4. There shall be a carve-out in the budget for the inclusion of fees due the Clerk of Court 

or the U.S. Trustee pursuant to 28 U.S.C. § 1930.

5. This Interim Order is without prejudice to the rights of the parties to seek any further 

or different relief, or modification of this Interim Order, including, but not limited to, 

relief from the automatic stay.

6. Except as expressly provided herein, the rights, claims, and interests of the Debtor, any 

prepetition lender, and all other parties in interest are hereby reserved.

7. Notwithstanding the provisions of § 552(a) of the Bankruptcy Code, and in addition to 

the security interests preserved by § 552(b) of the Bankruptcy Code, the Debtor grants 

in favor of Wells Fargo, as security for all indebtedness that is owed by the Debtor to 

Wells Fargo, under the secured documentation, but only to the extent that Wells Fargo’s 

cash collateral is used by the Debtor, a post-petition security interest and lien in, to and 

against any and all assets of the Debtor, to the same extent and priority that Wells Fargo 

held a properly perfected pre-petition security interest in such assets; provided that, 

however, under no circumstances shall Wells Fargo have a lien on any causes of action 

arising under 11 U.S.C. §542 et seq., 547, 548, 549, 550, 551, or any of the Debtor’s 

assets that it did not have a right to pre-petition.

8. As additional adequate protection for and to the extent of the Debtor’s use of Cash 

Collateral pursuant to this Order, the Debtor shall remit adequate protection payments 

commencing on or before June 20, 2019 and continuing the 20th day of each month 

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thereafter during this pending Chapter 11 case in the amount of $12,500.00 per month 

until further Order of this Court.

9. Payment shall be made at the following address: Wells Fargo Bank, Attn: Sherry Bach 

1620 E. Roseville Parkway Ste 100, Roseville, CA 95661.

10. The Debtor shall be in compliance with this Order by timely making all adequate 

protection payments to Wells Fargo. The Debtor shall be in Default under this Order if 

it fails to make the adequate protection payments when due and does not cure such 

default as set forth in paragraph 11 below. 

11. In the event the Debtor defaults by failing to make the adequate protection payments 

when due, then Wells Fargo through its counsel shall provide written notice to Debtor’s 

counsel via email at sonya@msbankrupt.com and zachary@msbankrupt.com. In 

the event the Default is not cured within five (5) days after Wells Fargo provides notice 

to Debtor’s counsel of the Default, Wells Fargo shall file an Affidavit of Default with 

this Court. The Affidavit of Default shall set forth specific facts establishing that: (a) a 

default occurred; (b) Wells Fargo (or its attorneys) provided Debtor’s counsel with 

email notification of the default; and (c) Debtor failed to cure the default within the five 

(5) day period. Upon the filing of the Affidavit of Default Wells Fargo shall be entitled 

to immediate relief without further hearing. 

12. Notwithstanding the above or anything to the contrary in this Order, the finding that 

Wells Fargo’s interest is adequately protected is without prejudice to the rights of Wells 

Fargo to seek modification of the adequate protection provided in this Order. 

13. The Debtors’ authorization to use cash collateral is limited to a variance not to exceed 

10% of any particular line item expense on the budgets attached to the Motion, unless 

otherwise agreed in writing between the parties or by Order of this Court.

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14. A final hearing shall be held on August 28, 2019 at 10:00 a.m. at the United States 

Courthouse, 299 E. Broward Blvd., Courtroom 308, Fort Lauderdale, Florida 33301, 

and any objections to Debtor’s use of cash collateral must be served on Debtor’s 

counsel two (2) business days prior to the final hearing.

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Submitted by: Sonya Salkin Slott, Esq.

FLBN 603910

The Salkin Law Firm

PO Box 15580

Plantation, FL 33318

954-423-4469

sonya@msbankrupt.com

Mrs. Slott will serve a signed copy of the order on all interested parties and file a certificate of 

service with the Court.

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