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UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

www.flsb.uscourts.gov 

In re: Case No. 20-20259-RAM 

 (Jointly Administered) 

It’Sugar FL I LLC, et al., 

 Chapter 11 

 Debtors. 

_________________________/ 

ORDER GRANTING DEBTORS’ EMERGENCY MOTION FOR 

AUTHORIZATION TO (I) PAY CERTAIN PREPETITION EMPLOYEE 

OBLIGATIONS AND MAINTAIN AND CONTINUE EMPLOYEE BENEFITS 

AND PROGRAMS; AND (II) FOR BANKS AND OTHER FINANCIAL INSTITUTIONS 

TO HONOR AND PROCESS CHECKS AND TO HONOR TRANSFERS RELATED TO 

SUCH OBLIGATIONS AND SETTING FURTHER HEARING 

 THIS MATTER came before the Court on September 25, 2020 at 1:30 p.m. upon the 

Debtors’ Emergency Motion for Authorization to (i) Pay Certain Prepetition Employee 

Obligations and Maintain and Continue Employee Benefits and Programs; and (ii) for Banks 

and Other Financial Institutions to Honor and Process Checks and to Honor Transfers Related 

to Such Obligations [ECF No. 12] (the “Motion”), pursuant to 11 U.S.C. § 105(a), 363(b) and 

507(a)(4), Federal Rule of Bankruptcy Procedure 6003, and Local Rules 9013-1(F) and (I) and 

Robert A. Mark, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on September 29, 2020.

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9075-1. The Court having reviewed the Motion and having heard the statements of counsel in 

support of the relief requested in the Motion at the hearing before the Court (the “Hearing”); 

having been advised subsequent to the Hearing that (i) Jeffrey Rubin, (ii) Maryanne Scaffidi, (iii) 

Anton Gladnikov and (iv) Jonathan Schwartz (collectively, “Insiders”), insiders of the Debtors 

which derived a portion of their salary from Debtor affiliates BBX Sweet Holdings, LLC or BBX 

Capital, have waived their entitlement to, and withdrawn their request to be paid, any 

outstanding prepetition wages, 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); (d) notice of the 

Motion and the Hearing was sufficient under the circumstances; and (e) the Court having 

determined that the legal and factual bases set forth in the Motion and at the Hearing establish 

just cause for the relief granted herein on an interim basis, it is accordingly: 

ORDERED AND ADJUDGED as follows: 

1. The Motion is GRANTED as Amended by this Order, nunc pro tunc to the 

Petition Date, September 22, 2020. 

2. The Debtors1 are authorized, but not directed, to pay and/or honor the Prepetition 

Employment Obligations (other than for the Insiders who have voluntarily waived their 

entitlement to, and withdrawn their request for, payment of any outstanding prepetition wages), 

Payroll Tax Obligations, Business Expenses, Travel Expenses, Miscellaneous Expenses, and 

Employee Benefit Obligations; provided however, that payments to Employees on account of 

any such unpaid wages and salaries shall not exceed the amounts afforded priority status by 

section 507(a)(4) of the Bankruptcy Code. 

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 Capitalized terms not defined herein shall have the meaning ascribed to them in the Motion. 

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3. All of the Debtors’ banks are authorized and directed to receive, process, honor 

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

disbursement accounts related to ordinary course wages and salaries, business expenses and 

other compensation, including the Prepetition Employment Obligations, including any uncashed 

checks that were issued prior to the Petition Date with respect thereto, whether presented before 

or after the Petition Date, provided that sufficient funds are on deposit in the applicable account 

to cover such payments. 

4. The Debtors are 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, Payroll Tax Obligations, Business Expenses, Travel Expenses, Miscellaneous 

Expenses, and Employee Benefit Obligations. 

5. Nothing herein or in the Motion, nor any payments made by the Debtors pursuant 

to this Motion, shall be deemed an assumption or rejection of any Employee Benefit Plans, 

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

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

Debtors and any Employee. 

6. The Debtors, their 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. 

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

the validity of any claim against the Debtors, a waiver of the Debtors’ 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 

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

Debtors’ rights to subsequently dispute such claim. 

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

or relating to the interpretation or implementation of this Order. 

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Submitted By: 

Joshua W. Dobin, Esquire 

Florida Bar No. 93696 

jdobin@melandbudwick.com

MELAND BUDWICK, P.A. 

Counsel for Debtors 

3200 Southeast Financial Center 

200 South Biscayne Boulevard 

Miami, Florida 33131 

Telephone: (305) 358-6363 

Telefax: (305) 358-1221 

Copies Furnished To: 

Joshua W. Dobin, Esquire, is directed to serve copies of this Order on all parties in interest and 

to file a Certificate of Service. 

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