48579059;4 

AKERMAN LLP, LAS OLAS CENTRE II, SUITE 1600, 350 EAST LAS OLAS BOULEVARD, FORT LAUDERDALE, FL 33301-2999 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

Fort Lauderdale Division 

www.flsb.uscourts.gov

In re: Chapter 11

ADVANCE CASE PARTS, INC., Case No. 19-14930-RBR 

Debtor. 

/ 

DEBTOR'S EMERGENCY AGREED MOTION FOR ORDER AUTHORIZING THE 

DEBTOR TO USE CASH COLLATERAL, FACTOR ACCOUNTS, AND PROVIDE 

ADEQUATE PROTECTION 

(Emergency Hearing Requested for Thursday, April 18, 2019, at 10:00 a.m.) 

STATEMENT OF EXIGENT CIRCUMSTANCES 

The Debtor requests an emergency hearing in this matter on 

April 18, 2019. Without the immediate authorization to use 

cash collateral and provide adequate protection as detailed 

herein, the Debtor will be irreparably harmed because the 

Debtor will not be able to acquire goods and services 

necessary for its day-to-day operations or generally 

maintain and preserve the going concern, enterprise value 

of the business. 

Prior to the filing of this Chapter 11 case, the Debtor and 

CDS Business Services, Inc. d/b/a Newtek Business Credit 

(the "Lender") have negotiated the consensual use of the 

Lender's cash collateral in accordance with a 13-week 

budget attached to this Motion as Exhibit "A" (the 

"Budget") and adequate protection in the form of 

replacement liens on all post-petition assets acquired by the 

Debtor in the same priority as existed in favor of Lender as 

of the commencement of this case. 

ADVANCE CASE PARTS, INC. (the "Debtor") seeks the entry of an agreed Order 

authorizing the Debtor to use its cash collateral on an interim and final basis, factor accounts 

pursuant to existing Pre-Petition Factor Agreements (defined below), and to provide Lender with 

Case 19-14930-RBR Doc 8 Filed 04/16/19 Page 1 of 14
48579059;4 - 2 - 

AKERMAN LLP, LAS OLAS CENTRE II, SUITE 1600, 350 EAST LAS OLAS BOULEVARD, FORT LAUDERDALE, FL 33301-2999 

adequate protection as detailed herein pursuant to 11 U.S.C. Sections 361 and 363 (the 

"Motion").1

RELIEF REQUESTED 

An immediate and critical need exists for the Debtor to be permitted access to Cash 

Collateral in order to continue to operate its businesses and preserve its ongoing, enterprise 

value. Therefore, the Debtor seeks an emergency interim hearing (the "Interim Hearing") in 

accordance with Rule 4001(b)(2) of the Federal Rules of Bankruptcy Procedures (the 

"Bankruptcy Rules"). At the Interim Hearing, the Debtor will seek entry of an Interim Order, a 

copy of which is attached hereto as Exhibit "B." By this Motion, the Debtor further seeks a 

final hearing (the "Final Hearing") on this Motion, to be held approximately 30 days after the 

Interim Hearing in accordance with Bankruptcy Rule 4001(b)(2) and (3). Finally, the Debtor 

seeks to provide Lender with adequate protection in the form of: (i) replacement liens securing 

any cash collateral used by the Debtor that are equal in validity and priority as any liens the 

Lender held against the Debtor's collateral as of the commencement of this case; (ii) monthly 

payments of $17,500; and (iii) allowance of super-priority administrative expense claims for any 

diminution of value exceeding the value of the replacement liens and adequate protection 

payments. 

FACTS RELATED TO RELIEF REQUESTED 

1. On April 16, 2019 (the "Petition Date"), the Debtor filed a voluntary petition in 

this Court for relief under Chapter 11 of Title 11 of the United States Code (the "Bankruptcy 

Code"). Since that time, the Debtor has operated as a debtor-in-possession pursuant to Sections 

1

 In support of the Motion, the Debtor relies on the Declaration of Paul Podhurst in Support of Chapter 11 Petition 

and First Day Motions to be filed with the Court (the "First Day Declaration"). The Motion is being filed pursuant 

to 11 U.S.C. Sections 361 and 363, Bankruptcy Rules 4001 and 9014, Local Rules 9013-(F) and (G), and this 

Court's Guidelines for Motions Seeking Authority to Use Cash Collateral and Motions Seeking Approval of 

Postpetition Financing (the "Court Guidelines"). 

Case 19-14930-RBR Doc 8 Filed 04/16/19 Page 2 of 14
48579059;4 - 3 - 

AKERMAN LLP, LAS OLAS CENTRE II, SUITE 1600, 350 EAST LAS OLAS BOULEVARD, FORT LAUDERDALE, FL 33301-2999 

1107 and 1108 of the Bankruptcy Code. As of the date hereof, no creditors’ committee has been 

appointed in this case. In addition, no trustee or examiner has been appointed. For a detailed 

description of the Debtor, its operations and assets and liabilities, the Debtor respectfully refers 

the Court and parties-in-interest to the First Day Declaration. 

2. Any cash or cash equivalents, funds or proceeds of or derived from certain of the 

collateral securing the obligations of the Debtor to the Lender under the Pre-Petition Loan 

Agreement (defined below) constitute cash collateral within the meaning of Section 363 of the 

Bankruptcy Code (the "Cash Collateral"). The Cash Collateral includes, without limitation, the 

Debtor’s cash or cash equivalents maintained in the Debtor's bank accounts and proceeds 

received by the Debtor from the sale of inventory and collection of accounts receivables. 

3. Prior to the Petition Date, the Debtor and Lender were parties to an Accounts 

Receivable Administration Agreement dated February, 2016 and an Inventory Advance 

Agreement secured by a UCC-1 Finance Statement recorded as Instrument No. 201606526500 in 

the Florida Secured Transaction Registry on February 17, 2016 (hereinafter, together with all 

amendments thereto and modifications thereof, the "Pre-Petition Factor Agreements"). As of 

the date of this Motion, the amount owing to the Lender under the Pre-Petition Factor 

Agreements is $1,117,119.26 (the "Factor Secured Debt"). 

4. Pursuant to the Pre-Petition Factor Agreements, the Debtor receives from Lender 

80% of each account receivable sold to Lender on the date the A/R is transferred to Lender and 

receives the remaining 20% of each A/R sold to Lender at the time the A/R is collected by the 

Lender. Pursuant to the Pre-Petition Factor Agreements, the Debtor is obligated to make the 

following payments to Lender: (i) monthly interest payments to Lender under the Pre-Petition 

Factor Agreements in the amount of 3.5% above the Prime Rate; (ii) processing fees equal to 

Case 19-14930-RBR Doc 8 Filed 04/16/19 Page 3 of 14
48579059;4 - 4 - 

AKERMAN LLP, LAS OLAS CENTRE II, SUITE 1600, 350 EAST LAS OLAS BOULEVARD, FORT LAUDERDALE, FL 33301-2999 

$.35 for each transfer to Lender from Debtor's account debtors; (iii) statement fees equal to $.85 

per statement issued by Lender to Debtor's account debtors, plus any cost of first class postage; 

and (iv) a collateral monitoring fee equal to 0.45% of the outstanding advanced to Debtor in the 

calendar month preceding the month for which the monitoring fee is calculated (the "Factor 

Obligations"). See Exhibit "C." 

5. In the one-year period preceding the commencement of this case, the Factor 

Obligations have averaged approximately $17,500 per month. 

6. Prior to execution of the Pre-Petition Factor Agreements, the Debtor and Debtor's 

affiliate, Advance Case Parts RE Holdings, LLC ("ACP Real Estate"), were co-obligors on a 

Small Business Administration loan with Newtek Small Business Finance, LLC (the "SBA 

Lender")2 for a principal balance of $3,033,000.00 secured by a first position lien on all assets of 

the Debtor and ACP Real Estate (the "SBA Loan"). The SBA Loan was used by the Debtor and 

ACP Real Estate to inter alia: (i) allow ACP Real Estate to acquire commercial real property that 

the Debtor currently leases from ACP Real Estate for its operations; (ii) payoff certain existing 

secured indebtedness by Debtor and ACP Real Estate; and (iii) provide Debtor with additional 

operating capital. As of the date of this Motion, the amount owing to the SBA Lender under 

the SBA Loan is $3,036,872.71 (the "SBA Secured Debt"). 

7. Prior to the commencement of this case, the Lender and SBA Lender executed 

two intercreditor agreements wherein the SBA Lender subordinated its first position lien in favor 

of Lender as to Debtor's inventory, accounts, and any proceeds derived from any inventory or 

accounts (the "Intercreditor Agreements"). 

2

 Lender and SBA Lender are affiliated entities that are independently operated. 

Case 19-14930-RBR Doc 8 Filed 04/16/19 Page 4 of 14
48579059;4 - 5 - 

AKERMAN LLP, LAS OLAS CENTRE II, SUITE 1600, 350 EAST LAS OLAS BOULEVARD, FORT LAUDERDALE, FL 33301-2999 

8. As security for the payment of all Factor Secured Debt, the Debtor granted to 

Lender pursuant to the Pre-Petition Factor Agreements and the Intercreditor Agreements 

documents (collectively, the "Pre-Petition Loan Documents")3, security interests in and liens 

(collectively, the "Pre-Petition Liens") upon all assets of the Debtor, including, without 

limitation, all of Debtor's accounts, inventory, deposits, and any proceeds of the aforementioned 

collateral (all such personal property, as the same existed on the Petition Date, together with all 

cash and non-cash proceeds thereof, the "Pre-Petition Collateral"). 

9. As of the Petition Date, the Debtor estimates that the Pre-Petition Collateral 

consists of approximately: (i) $55,000 currently on deposit in the Debtor's operating and 

checking accounts; (ii) $560,000 of accounts receivable that are less than 90 days old; and (iii) 

$550,000 in existing inventory. 

10. In connection with the Debtor's proposed use of Cash Collateral hereunder and in 

order to provide the Lender with adequate protection for the aggregate diminution of the Cash 

Collateral resulting from the Debtor's use thereof, the Debtor has agreed, subject to approval of 

this Court, that the Lender, shall have, nunc pro tunc as of the commencement of this Chapter 11 

case, a replacement lien pursuant to 11 U.S.C. §361(2) on and in all property of the Debtor 

acquired or generated after the Petition Date, but solely to the same extent and priority, and of 

the same kind and nature, as the property of the Debtor securing the prepetition obligations to the 

Lender under the Pre-Petition Loan Documents. 

11. In addition, the Debtor shall pay Lender adequate protection payments of $17,500 

per month (the "Adequate Protection Payments"). As detailed previously herein, prior to the 

Petition Date, the median monthly payments paid by the Debtor to Lender under the Pre-Petition 

Loan Documents was approximately $17,500 per month. Thus, the Debtor asserts that the 

3

 A true and correct copy of the Pre-Petition Loan Documents are attached hereto as Composite Exhibit "C."

Case 19-14930-RBR Doc 8 Filed 04/16/19 Page 5 of 14
48579059;4 - 6 - 

AKERMAN LLP, LAS OLAS CENTRE II, SUITE 1600, 350 EAST LAS OLAS BOULEVARD, FORT LAUDERDALE, FL 33301-2999 

proposed Adequate Protection Payments will prevent the diminution in value of the Lender's 

existing liens. 

12. For avoidance of doubt, the Lender shall not have or be granted a replacement 

lien on or against any claims or causes of action arising under Sections 542 through 550 of the 

Bankruptcy Code (the "Avoidance Actions") or on or against the proceeds of the Avoidance 

Actions. 

13. In the event that diminution occurs in the value of Cash Collateral from and after 

the Petition Date as a result of the Debtor's use thereof in an amount in excess of the value of the 

replacement liens granted herein and the Adequate Protection Payments, then the Lender shall be 

granted an administrative claim under section 507(b) of the Bankruptcy Code with priority over 

all other administrative expense claims, subject to the Carve Out, as hereinafter defined. 

14. The Debtor proposes to use the Cash Collateral strictly in accordance with the 

terms of the Budget prepared by the Debtor and consented to by the Lender. The Budget covers 

a 13-week period from the Petition Date through July 12, 2019. The Debtor also requests that it 

be authorized: (i) to exceed any line item on the Budget by an amount equal to ten percent (10%) 

of each such line item; or (ii) to exceed any line item by more than ten percent (10%) so long as 

the total of all amounts in excess of all line items for the Budget do not exceed ten percent (10%) 

in the aggregate of the total Budget. 

15. The Debtor requests that the replacement liens and administrative expense claims 

granted to the Lender pursuant to the terms hereof be at all times subject and junior to: (i) the 

fees of the Office of the United States Trustee pursuant to 28 U.S.C. § 1930; (ii) any court costs, 

and (iii) the fees and expenses for Court approved professionals for the Debtor in the amounts 

and as set forth in the Budget (collectively, the "Carve Out"). 

Case 19-14930-RBR Doc 8 Filed 04/16/19 Page 6 of 14
48579059;4 - 7 - 

AKERMAN LLP, LAS OLAS CENTRE II, SUITE 1600, 350 EAST LAS OLAS BOULEVARD, FORT LAUDERDALE, FL 33301-2999 

16. Supplemental to the replacement liens provided to the Lender hereunder, the 

Debtor will furnish the Lender with such financial and other information as required by the PrePetition Loan Documents or other reports as the Lender reasonably requests. 

17. The replacement liens granted to the Lender hereunder in connection with the use 

of the Cash Collateral shall be valid and perfected without the need for the execution or filing of 

any further documents or instruments. 

APPLICABLE AUTHORITY FOR RELIEF REQUESTED 

A. The Court Should Approve the Debtor's Requested Use of Cash Collateral 

Because the Lender Consents to Such Use. 

18. A debtor's use of estate property is governed by Section 363 of the Bankruptcy 

Code. Section 363(c)(l) provides that a debtor may use estate property in the ordinary course of 

business without notice or a hearing. Section 363(c)(2) imposes specific limitations upon 

property that constitutes cash collateral and provides that a debtor can only use, sell or lease cash 

collateral either if the entity with an interest in the cash collateral consents or the Court 

authorizes such use. As set forth in the First Day Declaration, the Debtor has been working with 

the Lender over the past several months in connection with the exploring various alternatives 

concerning the restructuring of the obligations owed the Lender. The Debtor has reached an 

agreement with the Lender regarding the proposed use of Cash Collateral pursuant to the Budget 

and the Proposed Order attached to this Motion. The agreement reached with Lender complies 

with the Court Guidelines and is similar in form and substance as cash collateral agreements 

previously approved in this District and by this Court in similar Chapter 11 proceedings. 

Accordingly, this Court should approve the Debtor's use of the Lender's Cash Collateral pursuant 

to Section 363(c)(2) of the Bankruptcy Code under the terms of Debtor's agreement with Lender. 

Case 19-14930-RBR Doc 8 Filed 04/16/19 Page 7 of 14
48579059;4 - 8 - 

AKERMAN LLP, LAS OLAS CENTRE II, SUITE 1600, 350 EAST LAS OLAS BOULEVARD, FORT LAUDERDALE, FL 33301-2999 

B. The Court Should Enter an Order Authorizing the Continued Use of Cash 

Collateral Because the Debtor Is Providing the Lender with Adequate 

Protection. 

19. Pursuant to the terms hereof, the Debtor is providing and will provide adequate 

protection to the Lender as contemplated and required by Sections 361, 363(c)(2)(B) and 363(e), 

respectively, and hereby seeks the Court's approval thereof. The Bankruptcy Code does not 

explicitly define "adequate protection," but does provide a non-exclusive list of the means by 

which a debtor may provide adequate protection, including "other relief" resulting in the 

"indubitable equivalent" of the secured creditor's interest in such property. See 11 U.S.C. § 361. 

What constitutes adequate protection must be evaluated on a case-by-case basis. In re Swedeland 

Dev. Group Inc., 16 F.3d 552, 564 (3d Cir. 1994) (citing In re O'Connor, 808 F.2d 1393, 1396-

97 (10th Cir. l987)); In re Martin, 761 F.2d 472, 476 (8th Cir. 1985).

20. Adequate protection is meant to ensure that the secured lender receives the value 

for which it originally bargained. Swedeland, 16 F.3d at 564 (citing O'Connor, 808 F.2d at 

1396) ("the whole purpose of adequate protection for a creditor is to ensure that the creditor 

receives the value for which he bargained pre bankruptcy"). Courts have noted that "the essence 

of adequate protection is the assurance of the maintenance and continued recoverability of the 

lien value during the interim between the filing . . . and the confirmation." In re Arriens, 25 B.R. 

79, 81 (Bankr. D. Or. 1982). The focus of the requirement is to protect a secured creditor from 

diminution in value during the use period. See In re Kain, 86 B.R 506, 513 (Bankr. W.D. Mich. 

1988); In re Becker Indus. Corp., 58 B.R. 725, 736 (Bankr. S.D.N.Y. 1986); In re Ledgmere 

Land Corp., 116 B.R. 338, 343 (Bankr. D. Mass. 1990).

21. The Debtor's requested use of Cash Collateral and the protections afforded to the 

Lender herein, including but not limited to, replacement liens, monthly reporting as required 

under the Loan Documents, and allowance of super priority administrative claims (to the extent 

Case 19-14930-RBR Doc 8 Filed 04/16/19 Page 8 of 14
48579059;4 - 9 - 

AKERMAN LLP, LAS OLAS CENTRE II, SUITE 1600, 350 EAST LAS OLAS BOULEVARD, FORT LAUDERDALE, FL 33301-2999 

of any diminution in the Lender's collateral), in light of the circumstances, are reasonable, 

appropriate, and sufficient to satisfy the legal standard of "adequate protection" and will serve to 

maintain the value of the Lender's Collateral.

(a) The Use of Cash Collateral Will Preserve the Debtor's Going Concern 

Value, Which Will Inure to the Benefit of the Estate. 

22. The continued operation of the Debtor's business will preserve and maintain its 

going concern, enterprise value and enable the Debtor to continue to operate and maximize its 

value in the reorganization process. However, as discussed above, if the Debtor is not allowed to 

use Cash Collateral, its business operations will be substantially interrupted. This would result in 

a significant diminution in the value of the Debtor's assets (including the Cash Collateral) to the 

detriment of the Debtor's creditors and interest holders and other harm to the estate.

23. It is well established that a bankruptcy court, where possible, should resolve 

issues in favor of preserving the business of the debtor as a going concern:

A debtor, attempting to reorganize a business under Chapter 11, 

clearly has a compelling need to use "cash collateral" in its effort 

to rebuild. Without the availability of cash to meet daily operating 

expenses such as rent, payroll, utilities, etc., the congressional 

policy favoring rehabilitation over economic failure would be 

frustrated. 

In re George Ruggiere Chrysler-Plymouth, Inc., 727 F.2d 1017, 1019 (11th Cir. 1984). 

24. Accordingly, courts authorize the use of cash collateral to enhance or preserve the 

debtor's going concern value. For example, in In re Stein, 19 B.R. 458 (Bankr. E.D. Pa. 1982), 

the court allowed a debtor to use cash collateral where the secured party was undersecured, 

finding that the use of cash collateral was necessary to the debtor's continued operations and the 

creditor's "secured position can only be enhanced by the continued operation of the [debtor's 

business]" Id. at 460; see also Federal Nat. Mort. v. Dacon Bolingbrook Assocs., 153 B.R. 204, 

Case 19-14930-RBR Doc 8 Filed 04/16/19 Page 9 of 14
48579059;4 - 10 - 

AKERMAN LLP, LAS OLAS CENTRE II, SUITE 1600, 350 EAST LAS OLAS BOULEVARD, FORT LAUDERDALE, FL 33301-2999 

214 (N.D. Ill. 1993) (security interest protected to extent debtor reinvested rents in operation and 

maintenance of the property); In re Constable Plaza Assoc., 125 B.R. 98, 105 (Bankr. S.D.N.Y. 

1991) (debtor's reinvestment of rents to maintain and operate office building "will serve to 

preserve or enhance the value of the building which, in turn, will protect the collateral covered 

by [the] mortgage"); In re Dynaco Corp., 162 B.R. 389, 395-96 (Bankr. D.N.H. 1983) (finding 

that the alternative to the debtor's use of cash collateral, termination of its business, would doom 

reorganization and any chance to maximize value for all creditors); In re Karl A. Neise, Inc., 16 

B.R. 600, 602 (Bankr. S.D. Fla. 1981) (marginally secured creditor adequately protected by lien 

on postpetition property acquired by debtor; debtor can use cash collateral "in the normal 

operation of their business"). 

25. As discussed above, the Debtor will use Cash Collateral in the ordinary course of 

its business to, among other things, continue to operate and maintain its operations in 

anticipation of restructuring its debts through the reorganization process. If the Debtor cannot 

continue to use Cash Collateral, it likely will be forced to cease operations and convert this cases 

to Chapter 7. This cessation would irreparably damage the Debtor's business by causing, among 

other things, employee attrition, lost revenues, loss of business reputation and loss of ability to 

sell certain business segments. By contrast, granting authority will allow the Debtor to maintain 

operations and preserve the going concern value of its business, which will inure to the benefit of 

the Lender, all other creditors, and interest holders. 

(b) The Lender is Adequately Protected by the Grant of Replacement 

Liens on Post-Petition Assets and the Allowance of a Superpriority 

Administrative Expense Claim. 

26. The Bankruptcy Code expressly provides that "granting a replacement lien is a 

means of adequate protection." 11 U.S.C. § 361(2). Granting replacement liens provides ample 

adequate protection of the secured creditor's interest in cash collateral. See, e.g., In re O'Connor, 

Case 19-14930-RBR Doc 8 Filed 04/16/19 Page 10 of 14
48579059;4 - 11 - 

AKERMAN LLP, LAS OLAS CENTRE II, SUITE 1600, 350 EAST LAS OLAS BOULEVARD, FORT LAUDERDALE, FL 33301-2999 

808 F.2d at 1393; In re Dixie-Shamrock Oil & Gas. Inc., 39 B.R. 115, 118 (Bankr. M.D. Tenn. 

1984). The Debtor will adequately protect the Lender's interests in Cash Collateral by, among 

other things, providing post-petition security interests in the Debtor's assets of the same type as 

the Lender held pre-petition to the extent the Debtor's use of Cash Collateral results in a postpetition decrease in the value of the Collateral securing the Lender's claims. Such post-petition 

security interests will be of the same validity and priority as the Lender's pre-petition liens and 

security interests. 

27. The Debtor believes that use of Cash Collateral pursuant to the terms and 

conditions set forth above is fair and reasonable and adequately protects the Lender. The 

combination of: (i) the Debtor's ability to preserve the going concern value of the business with 

the use of Cash Collateral; (ii) the post-petition liens granted to the Lender; (iii) the right to 

assert super-priority administrative expenses granted to the Lender herein, and (iv) providing the 

Lender with the other protections set forth herein, including the availability of financial 

reporting. For all of the reasons stated above, this Court's approval of the Debtor's use of the 

Lender's Cash Collateral is proper herein. A proposed Interim Order granting the Debtor's use of 

Cash Collateral on the terms set forth herein is attached hereto as Exhibit "B."

WHEREFORE, the Debtor respectfully requests that the Court enter the Interim Order: 

(A) authorizing the Debtor (i) to use the Cash Collateral of the Lender pursuant to the terms set 

forth above and in accordance with the Budget, (ii) continue factoring A/R under the Pre-Petition 

Loan Documents; (iii) pay Lender Adequate Protection payments as detailed herein; and (iv) to 

grant the replacement liens and super-priority administrative expense claims as set forth above in 

connection with the use thereof, and (B) setting a final hearing hereon approximately thirty (30) 

Case 19-14930-RBR Doc 8 Filed 04/16/19 Page 11 of 14
48579059;4 - 12 - 

AKERMAN LLP, LAS OLAS CENTRE II, SUITE 1600, 350 EAST LAS OLAS BOULEVARD, FORT LAUDERDALE, FL 33301-2999 

days after the entry of the Interim Order on this Motion, and for such other and further relief as 

the Court deems just and proper. 

Dated: April 16, 2019. 

 Respectfully Submitted, 

AKERMAN LLP 

Proposed Attorneys for Debtor-in-Possession 

350 East Las Olas, Blvd., Suite 1600 

Ft. Lauderdale, Florida 33301 

Tel: (954) 463-2700 / Fax: (954) 463-2224 

By: /s/ Eyal Berger 

Eyal Berger, Esq. 

Florida Bar No. 11069 

eyal.berger@akerman.com 

Case 19-14930-RBR Doc 8 Filed 04/16/19 Page 12 of 14
48579059;4 - 13 - 

AKERMAN LLP, LAS OLAS CENTRE II, SUITE 1600, 350 EAST LAS OLAS BOULEVARD, FORT LAUDERDALE, FL 33301-2999 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a true and correct copy of the foregoing was served this 

April 16, 2019 via CM/ECF and/or U.S. Mail upon all parties listed on the attached service list. 

AKERMAN LLP 

Proposed Attorneys for Debtor-in-Possession 

350 East Las Olas, Blvd., Suite 1600 

Ft. Lauderdale, Florida 33301 

Telephone: (954) 463-2700 

Facsimile: (954) 463-2224 

By: /s/ Eyal Berger 

Eyal Berger, Esq. 

Florida Bar No. 11069 

eyal.berger@akerman.com 

Catherine Douglas, Esq. 

Fla. Bar No. 85843 

catherine.douglas@akerman.com 

Case 19-14930-RBR Doc 8 Filed 04/16/19 Page 13 of 14
48579059;4 - 14 - 

AKERMAN LLP, LAS OLAS CENTRE II, SUITE 1600, 350 EAST LAS OLAS BOULEVARD, FORT LAUDERDALE, FL 33301-2999 

SERVICE LIST 

Office of the US Trustee 

51 S.W. 1st Ave. 

Suite 1204 

Miami, FL 33130 

Howard S. Toland, Esq. 

Mitrani, Rynor,Adamsky & Toland P.A. 

1200 Weston Road 

Penthouse 

Weston, FL 33326 

Ally 

PO Box 9001948 

Louisville, KY 40290-1948 

CDS Business Services 

60 Hempstead Ave 

PO Box 380 

West Hempstead, NY 11552 

Corporation Service Company, as Rep 

PO Box 2576 

Springfield, IL 62708 

Crossroads Financial Group, LLC 

200 S. College St 

Suite 1400 

Charlotte, NC 28202 

CT Corporation System, as Rep. 

330 N Brand Blvd 

Ste 700 

Attn. SPRS 

Glendale, CA 91203 

Financial Agent Services 

PO Box 2576 

Springfield, IL 62708 

Newtek Business Credit 

60 Hempstead Ave 

5th Floor 

West Hempstead, NY 11552 

Newtek Business Credit 

1981 Marcus Ave, Ste 130 

New Hyde Park, NY 11042 

Newtek Business Services Corp. 

Attn. Legal Dept. 

212 W. 35th St., 2nd FL 

New York, NY 10001 

Newtek Small Business Finance, LLC 

60 Hempstead Ave 

2nd FL 

West Hempstead, NY 11552 

Secured Lender Solutions, LLC 

PO Box 2576 

Springfield, IL 62708 

Case 19-14930-RBR Doc 8 Filed 04/16/19 Page 14 of 14