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UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION

Case No.: 19-22704-BKC-MAM

IN RE: Chapter 11 Proceeding

JEROME GOLDEN CENTER

FOR BEHAVIORAL HEALTH, INC.

Debtor.

/ 

ORDER GRANTING DEBTOR-IN-POSSESSION’S EMERGENCY

MOTION FOR AUTHORITY TO PAY PRE-PETITION WAGES

THIS MATTER came before the Court on the 26th day of September, 2019, in West 

Palm Beach, Florida, Florida, upon the Debtor’s Emergency Motion for Authority to Pay 

Prepetition Wages and Other Employment-Related Costs [Doc. 5] (the “Motion”) filed by the 

above-captioned debtor and debtor in possession (the “Debtor”) for the entry of an order 

pursuant to sections 105(a), 363(b) and 507(a)(4) of the Bankruptcy Code, 11 U.S.C. §§ 101, et. 

seq., Federal Rule of Bankruptcy Procedure 6003 and Local Rule 9013-(I), seeking entry of an 

order (A) authorizing the Debtor to (i) pay prepetition wages, salaries, commissions, bonuses, 

employee benefits and other compensation, (ii) remit withholding obligations; (iii) maintain 

ORDERED in the Southern District of Florida on September 26, 2019.

Mindy A. Mora, Judge

United States Bankruptcy Court

_____________________________________________________________________________

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employee benefit programs and pay related administrative obligations; and (B) authorizing its 

banks and other financial institutions to receive, process, honor and pay certain checks presented 

for payment and to honor certain fund transfer requests related to the foregoing. The Court 

having reviewed the Motion and the Court finding that: (a) the Court has jurisdiction over this 

matter pursuant to 28 U.S.C. §§ 157 and 1334; (b) venue is proper before this Court pursuant to 

28 U.S.C. § 1408; (c) this matter is core pursuant to 28 U.S.C. § 157(b)(2); and (d) the Court 

having determined that the legal and factual bases set forth in the Motion establish just cause for 

the relief granted herein, it is hereby

ORDERED that:

1. The Motion is GRANTED.

2. The Debtor is authorized, but not directed, to pay prepetition employee-related 

obligations, including, but not limited to, prepetition wages, salaries, commissions, bonuses, 

medical, HAS, dental and insurance benefits, flexible spending accounts, paid time off, vacation, 

sick and medical leave, workers’ compensation insurance, employers’ contribution to any 

pension, profit-sharing, or retirement plans (collectively, the “Prepetition Employment 

Obligations”); provided however, that payments to any Employee on account of any such unpaid 

wages and salaries shall not exceed the amount afforded priority status by sections 507(a)(4) and 

507(a)(5) of the Bankruptcy Code.

3. The Debtor is authorized, but not directed, to honor in the ordinary course of 

business all prepetition accrued Vacation Time and Care Time rights of their Employees who 

continue to be employed by the Debtor after the Petition Date, in accordance with the Debtor’s 

prepetition policies.

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4. The Debtor is authorized, but not directed, to make all payments, claims, and 

remittances related to the Medical Plans in the ordinary course of business.

5. The Debtor is authorized, but not directed, to pay all amounts related to the 401(k) 

Plans that arose prior to the Petition Date, as they become due, in the ordinary course of the 

Debtor’s business.

6. The Debtor is authorized, but not directed, to honor any Prepetition Employment 

Obligations in respect of any Employee Assistance Program and to continue to honor such 

obligations post-petition, as provided in the Motion, in accordance with the Debtor’s stated 

policies.

7. The Debtor is authorized to remit to the appropriate parties in the ordinary course 

of business any amounts owed by the Debtor, if any, in respect of its withholding obligations, 

including those incurred prior to the Petition Date.

8. Those banks holding the Debtor’s payroll accounts are authorized and directed to 

honor checks issued to Employees prepetition that have not cleared or been presented as of the 

Petition Date.

9. All of the Debtor’s banks are authorized and directed to receive, process, honor 

and pay any and all checks or electronic transfers drawn on the Debtor’s payroll and general 

disbursement accounts related to Prepetition Employment Obligations, including the ordinary 

course wages and salaries, and other compensation, Employee benefit plans and withholding 

obligations, which accrued pre-petition, which are listed on Composite Exhibit “1” attached to 

the Motion, provided that sufficient funds are on deposit in the applicable accounts to cover such 

payments.

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10. The Debtor is authorized, but not directed, to continue their practices, programs 

and policies in effect as of the Petition Date with respect to all Prepetition Employment 

Obligations, and to make all payments, claims, and remittances related thereto in the ordinary 

course of business.

11. Nothing herein or in the Motion, nor any payments made by the Debtor pursuant 

to this Motion, shall be deemed an assumption or rejection of any Employee benefit program, 

employment agreement, other program or contract, or otherwise affect the Debtor’s rights under 

section 365 of the Bankruptcy Code to assume or reject any executory contract between the 

Debtor and any Employee.

12. The Debtor, its officers, employees and agents, are authorized to take or refrain 

from taking such acts as are necessary and appropriate to implement and effectuate the relief 

granted herein.

13. Entry of this Order is not intended nor should be construed as an admission as to 

the validity of any claim against the Debtor, a waiver of the Debtor’s rights to dispute any claim, 

or an approval or assumption of any agreement, contract, or lease under section 365 of the 

Bankruptcy Code. Moreover, any payment made pursuant to this Order is not intended and 

should not be construed as an admission as to the validity of any claim or a waiver of the 

Debtor’s rights to subsequently dispute such claim.

14. Notwithstanding anything to the contrary herein, any payment to be made 

hereunder shall be subject to the requirements imposed on the Debtor under any approved 

debtor-in-possession financing facility, any budget prepared in connection therewith and any 

order regarding the use of cash collateral.

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15. The Court shall retain jurisdiction to hear and determine all matters arising from 

or relating to the interpretation or implementation of this Order.

###

Submitted by:

Philip B. Harris

685 Royal Palm Beach Boulevard 

Suite 205

Royal Palm Beach, FL 33411

Copies to:

Philip B. Harris, Esq., 685 Royal Palm Beach Boulevard, Suite 205, Royal Palm Beach, FL 33411

*The Debtor (or Debtor’s attorney) is directed to furnish a complete and correct copy of this 

order to all interested parties and file a certificate of service with the court.

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