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UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

In re: 

Advanced Power Technologies, LLC, Case No. 20-13304-PGH 

 

 Debtor. Chapter 11 

________________________________/ 

AMENDED1 EMERGENCY MOTION TO VOLUNTARILY DISMISS CASE 

AND SHORTEN HEARING NOTICE PERIOD 

** Emergency Hearing Requested Pursuant to Local Rule 9075-1 **

Basis for Emergency Relief

The Debtor is a limited liability company that would qualify for 

a substantial forgivable loan (approximately $1.8 million) 

pursuant to the second phase of the Coronavirus Aid, Relief, and 

Economic Security (CARES) Act, P.L. 116-136, expected to be 

signed into law as early as Thursday, April 22, 2020. The Debtor 

believes it is in the best interest of the estate to pursue such loan 

in order to fund payroll expenses. However, in order to receive 

such forgivable loan, the Debtor must, under the CARES Act, 

certify that it is not a debtor in bankruptcy. Therefore, the 

Debtor wishes to voluntarily dismiss this case on or before 

Friday, April 24, 2020. Accordingly, the Debtor requests that 

the Court schedule this motion for hearing on an emergency 

basis on or before Friday, April 24, 2020. 

Debtor in Possession, Advanced Power Technologies, LLC (the “Debtor”), by and through 

its undersigned counsel and pursuant to 11 U.S.C. § 1112(b) and Federal Rule of Bankruptcy 

Procedure 9006(c)(1), requests that the Court dismiss the above-captioned bankruptcy case on an 

emergency basis before the twenty-one day notice period has elapsed. In support, the Debtor 

respectfully states as follows: 

1

 This Motion was Amended to add Paragraph 7 which was inadvertently left out of the original motion and to 

expand the “Wherefore” clause to include the relief set forth in said paragraph. 

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BACKGROUND 

1. On March 11, 2020, the Debtor filed a voluntary petition for relief under chapter 

11 of the Bankruptcy Code (the "Petition Date"). The Debtor is operating its business and 

managing its affairs as a debtor in possession. No trustee, examiner, or statutory committee has 

been appointed. 

2. The Debtor is a Florida limited liability company with its corporate office located 

in Pompano Beach, Florida. The Debtor provides consumers with complete solutions for lighting, 

signage, and electrical service. 

3. On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, 

and Economic Security (CARES) Act, P.L. 116-136 to provide economic relief in the midst of the 

Coronavirus pandemic. Among many other things, the CARES Act provides for the provision of 

forgivable loans to small and mid-sized businesses in order to permit those businesses to continue 

to pay employees. 

4. The first phase of funding associated with the CARES Act dried up immediately. 

To provide further relief, on Tuesday, April 21, 2020, the U.S. Senate passed a $484 billion deal 

to replenish the small-business loan program under the CARES Act. The U.S. House of 

Representatives is expected to approve the new funding on Thursday, April 23, 2020. President 

Trump has already stated that he would sign the new deal into law. 

5. However, Title IV, Section 4003(c)(3)(D)(V) of the CARES Act mandates that any 

business receiving such forgivable loans certify that “the recipient is not a debtor in a bankruptcy 

proceeding[.]” The application form for such forgivable loans also contains a place for applicants 

to make a similar certification. 

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6. Having reviewed the applicable provisions of the CARES Act, the Debtor believes 

that, other than being in bankruptcy, it otherwise meets the qualifications to receive a forgivable 

loan under that law, and therefore wishes to apply for and receive a forgivable CARES Act loan 

in the amount of $1.8 million to pay for payroll expenses. 

7. Finally, in order to maintain the status quo, the Debtor requests that any order 

dismissing the case includes protections for its DIP Lender to insure that all prior DIP Orders are 

incorporated into any order of dismissal and that the dismissal of this case not be deemed a default 

of any loan document. 

8. Based on the posture of this case, dismissal of this chapter 11 case in order to permit 

the Debtor to access significant forgivable credit under the CARES Act will be in the best interest 

of the estate and will not unfairly prejudice other parties in interest. 

9. Therefore, through this motion, the Debtor seeks the immediate dismissal of this 

chapter 11 case. 

BASIS FOR RELIEF REQUESTED 

10. The Bankruptcy Code permits a party in interest, such as the Debtor in this case, to 

seek dismissal of a bankruptcy case for cause, provided it is in the best interest of creditors, 11 

U.S.C. § 1112(b). The Debtor submits that, under these very peculiar circumstances, it is in the 

best interests of creditors to permit the Debtor to voluntarily dismiss this case in order to access a 

forgivable CARE Act loan to pay its employees. 

11. Pursuant to Federal Rule of Bankruptcy Procedure 2002(a)(4), the Court generally 

may not hold a hearing on a motion to dismiss a chapter 11 case on less than twenty-one days’ 

notice. However, under Rule 9006(c)(1), the Court may shorten such required notice for cause. 

The Debtor submits that cause exists in this case to shorten the required notice period so that the 

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Court may hear this motion as soon as possible so that the Debtor may quickly apply for and access 

a forgivable CARES Act loan pursuant to this second phase of funding. Specifically, the funding 

pool for CARES Act forgivable business loans is finite, and the Debtor is very concerned that any 

delay in applying for a CARES Act forgivable loan could cause such loan to be denied or reduced 

due to inadequate funding. 

WHEREFORE, the Debtor respectfully requests the Court hold an emergency hearing on 

this motion and thereafter enter an order dismissing this chapter 11 case, incorporate terms within 

any order of dismissal protecting the Debtor’s DIP Lender, and grant and further relief as the Court 

deems just and equitable. 

Respectfully Submitted, 

SHRAIBERG, LANDAU & PAGE, P.A. 

Attorneys for the Debtor 

2385 NW Executive Center Drive, Suite 300 

Boca Raton, Florida 33431 

Telephone: 561-443-0800 

Facsimile: 561-998-0047 

Email: bss@slp.law 

 Email: jlanphear@slp.law 

By: /s/ Bradley S. Shraiberg 

 Bradley S. Shraiberg 

 Florida Bar No. 121622 

 Joshua B. Lanphear 

 Florida Bar No. 125421 

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ATTORNEY CERTIFICATION 

I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court 

for the Southern District of Florida and I am in compliance with the additional qualifications to 

practice in this Court set forth in Local Rule 2090-1(A). 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via 

Notice of Electronic Filing to those parties registered to receive electronic notices in this case on 

this the 22nd day of April, 2020. 

 

 By: /s/ Bradley S. Shraiberg 

 Bradley S. Shraiberg Esq. 

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