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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. 

_______________________________/

APPLICATION OF THE DEBTORS FOR AN ORDER 

AUTHORIZING THE EMPLOYMENT AND RETENTION OF 

BRIAN R. KOPELOWITZ, ESQ. AND THE LAW FIRM OF KOPELOWITZ 

OSTROW, P.A. AS SPECIAL COUNSEL NUNC PRO TUNC TO OCTOBER 1, 2020 

It’Sugar FL I LLC, It’Sugar LLC, It’Sugar Atlantic City LLC, and It’Sugar FLGC LLC 

(collectively, “It’Sugar” or “Debtors”), by and through undersigned counsel, respectfully requests 

an Order of the Court, pursuant to § 327(e) of Title 11 of the United States Code, Rules 2014(a) 

and 2016 of the Federal Rules of Bankruptcy Procedure and Rules 2014-1 and 2016-1 of the Local 

Rules for the United States Bankruptcy Court for the Southern District of Florida, authorizing the 

employment and retention of Brian R. Kopelowitz, Esquire (“Special Counsel”) and the Law Firm 

of Kopelowitz Ostrow, P.A. (the “Firm”) nunc pro tunc to October 1, 2020 to represent the Debtors 

in this case as its special counsel, and states: 

JURISDICTION AND VENUE 

1. The United States Bankruptcy Court for the Southern District of Florida (the 

“Court”) has jurisdiction over the Debtors, property of the Debtors’ estates and this matter 

pursuant to 28 U.S.C. § 1334. This matter is a core proceeding within the meaning of 28 U.S.C. § 

157(b)(2). 

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 1 of 28
   

   

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2. This Application is authorized by 11 U.S.C. §§ 327(e) and 330 and Rules 2014 and 

2016 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), and Local Rules 

2014-1 and 2016-1. 

3. Venue in this Court is proper pursuant to 28 U.S.C. §§ 1408 and 1409. 

BACKGROUND 

4. The Debtors operate as a single business and are known throughout the industry as 

It'Sugar. It'Sugar is a specialty candy retailer whose products include bulk candy, candy in giant 

packaging, and licensed and novelty items. It'Sugar’s portfolio includes approximately 100 retail 

locations across 28 states. 

5. On September 22, 2020 (the “Petition Date”), each of the Debtors filed voluntary 

petitions under Chapter 11 of the United States Bankruptcy Code. Each Debtor continues to 

operate its business and manage its properties as debtors-in-possession pursuant to 11 U.S.C. §§ 

1107(a) and 1108. 

RELIEF REQUESTED 

6. The Debtors desire to employ and retain Special Counsel and the Firm nunc pro 

tunc to October 1, 2020 as its special counsel for the purpose of negotiating several ongoing 

distribution agreements and license agreements with respect to It’Sugar fulfillment and It’Sugar 

locations in New Jersey and New York. The Firm formerly represented the Debtors in various 

contractual and lease transactions. 

7. The Debtors desire to retain Special Counsel and the Firm to represent them in the 

negotiation of several ongoing distribution and license agreements as set forth in the Engagement 

Letter attached hereto as “Exhibit A” because: (a) Special Counsel has extensive experience and 

knowledge relating to same, (b) Special Counsel is very familiar with the Debtors’ businesses 

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 2 of 28
   

   

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especially as it relates to the scope of proposed employment, and (c) the Debtors believe Special 

Counsel is both able and uniquely qualified to represent them in these Chapter 11 Cases for the 

limited purposes described below. 

8. The professional services Special Counsel and the Firm may be required to render, 

in a special counsel role, include but are not limited to (“Professional Services”): 

9. Negotiating several ongoing distribution agreements and license agreements with 

respect to It’Sugar fulfillment and It’Sugar locations in New Jersey and New York. The Debtors 

believe that Special Counsel and the Firm are duly qualified to perform the requested Professional 

Services. 

10. The Firm’s proposed compensation shall continue at the Firm’s previously agreed 

upon hourly rates with the Debtors at $375.00 for partners, plus reimbursement of actual, necessary 

expenses and other charges incurred by the Firm. 

11. No agreement exists, nor will any be made, to share any compensation received by 

the Firm for its services with any other person or firm, except as permitted by 11 U.S.C. § 504(b) 

and Bankruptcy Rule 2016. 

12. No promises have been made to or received by the Firm as to payment or 

compensation in connection with these bankruptcy cases other than in accordance with the 

provisions of the United States Bankruptcy Code an applicable Bankruptcy Rules. 

13. To the best of the Debtor’s knowledge, and as set forth in the proposed attorney's 

declaration (“Kopelowitz Declaration”) attached to this motion as Exhibit B Special Counsel and 

the Firm do not have an adverse interest with respect to the matter on which Special Counsel and 

the Firm are to be employed as required by 11 U.S.C. § 327(e). 

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 3 of 28
   

   

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14. The Firm intends to apply to the Court for allowances of compensation and 

reimbursement of out-of-pocket expenses incurred on or after the Petition Date in connection with 

this Chapter 11 case on an hourly basis, subject to Court approval and in accordance with the 

applicable provisions of the Bankruptcy Code, the Bankruptcy Rules, the Local Rules, the 

guidelines established by the United States Trustee for the Southern District of Florida and any 

further orders of this Court. 

NUNC PRO TUNC RELIEF IS APPROPRIATE 

15. Pursuant to the Debtors’ request, Special Counsel and the Firm have agreed to serve 

as special counsel on and after October 1, 2020 with assurances that the Debtors would seek 

approval of its employment and retention nunc pro tunc to October 1, 2020 so that the Firm may 

be compensated for its pre-Application services. The Debtors believe that no party in interest will 

be prejudiced by the granting of the nunc pro tunc employment, as provided in this Application, 

because Special Counsel and the Firm have provided, and continue to provide, valuable services 

to the Debtors’ estates in the interim period. 

16. The Debtors further request authority for Special Counsel and the Firm to maintain 

time records in support of any application for compensation and reimbursement of costs with 

respect to the Debtors on a consolidated basis without the necessity for tracking time separately as 

to each Debtor inasmuch as It’Sugar LLC pays for each of the Debtors’ expenses. 

 

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 

 

 

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 4 of 28
   

   

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WHEREFORE, the Debtor respectfully requests entry of an order in the form attached hereto as 

Exhibit C (i) authorizing the employment and retention of Special Counsel and the Firm nunc pro 

tunc to October 1, 2020, as special counsel to the Debtors in these chapter 11 cases on a general 

retainer, pursuant to 11 U.S.C. §§ 327(e) and 330; and (ii) granting such other and further relief as 

the Court deems just and proper. 

Dated: December 23, 2020. 

 s/ James C. Moon 

James C. Moon, Esquire 

Florida Bar No. 938211 

jmoon@melandbudwick.com 

MELAND BUDWICK, P.A. 

3200 Southeast Financial Center 

200 South Biscayne Boulevard 

Miami, Florida 33131 

Telephone: (305) 358-6363 

Telecopy: (305) 358-1221 

Attorneys for Debtors 

 

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 5 of 28
   

   

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CERTIFICATE OF SERVICE

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

December 23, 2020, via the Court's Notice of Electronic Filing upon Registered Users set forth on 

the attached Exhibit 1 and via U.S. Mail upon the parties listed on the attached Manual Notice 

List and upon the parties listed on the Master Service List, attached as Exhibit 2. 

 s/ James C. Moon 

James C. Moon, Esquire 

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 6 of 28
  

   

Electronic Mail Notice List

The following is the list of parties who are currently on the list to receive email notice/service 

for this case. 

 Joaquin J Alemany joaquin.alemany@hklaw.com, jose.casal@hklaw.com 

 Scott Andron sandron@broward.org, swulfekuhle@broward.org 

 Joseph H Baldiga bankrupt@mirickoconnell.com 

 Brian S Behar bsb@bgglaw.net 

 David M Blau dblau@clarkhill.com 

 Michael S Budwick mbudwick@melandbudwick.com, 

ltannenbaum@melandbudwick.com;mrbnefs@yahoo.com;mbudwick@ecf.cou

rtdrive.com;ltannenbaum@ecf.courtdrive.com;phornia@ecf.courtdrive.com 

 David S Catuogno david.catuogno@klgates.com, 

caitlin.conklin@klgates.com 

 Andrew S Conway aconway@taubman.com 

 Ryan E Davis rdavis@whww.com, 

thiggens@whww.com;thiggens@ecf.courtdrive.com 

 Joshua W Dobin jdobin@melandbudwick.com, 

ltannenbaum@melandbudwick.com;mrbnefs@yahoo.com;ltannenbaum@ecf.c

ourtdrive.com;jdobin@ecf.courtdrive.com;ltannenbaum@ecf.courtdrive.com;p

hornia@ecf.courtdrive.com 

 Daniel M Eliades Daniel.eliades@klgates.com, caitlin.conklin@klgates.com 

 Kate Foley kfoley@mirickoconnell.com 

 Robert C Furr ltitus@furrcohen.com, 

atty_furrcohen@bluestylus.com;cworkinger@furrcohen.com;staff1@furrcohen

.com 

 Daniel Gielchinsky dan@dyglaw.com 

 Ronald E Gold rgold@fbtlaw.com, 

eseverini@fbtlaw.com;khardison@fbtlaw.com 

 Eric S. Golden egolden@burr.com, jmorgan@burr.com 

 Ilyse M. Homer ihomer@bergersingerman.com, 

efile@bergersingerman.com;mdiaz@bergersingerman.com;efile@ecf.inforuptc

y.com 

 Jeannie Kim jekim@sheppardmullin.com, dgatmen@sheppardmullin.com 

 Ian J Kukoff ian.kukoff@blaxgray.com, 

kukoff.assistant@blaxgray.com;isabel.colleran@blaxgray.com 

 David Kupetz dkupetz@sulmeyerlaw.com 

 Robert L LeHane kdwbankruptcydepartment@kelleydrye.com 

 Ilan Markus imarkus@barclaydamon.com, docketing@barclaydamon.com 

Exhibit 1

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 7 of 28
 

 Orfelia M Mayor ecf@mayorbankruptcy.com, 

mayor.orfeliar100728@notify.bestcase.com 

 James C. Moon jmoon@melandbudwick.com, 

ltannenbaum@melandbudwick.com;mrbnefs@yahoo.com;jmoon@ecf.courtdri

ve.com;ltannenbaum@ecf.courtdrive.com;phornia@ecf.courtdrive.com 

 Kevin S Neiman kevin@ksnpc.com 

 Office of the US Trustee USTPRegion21.MM.ECF@usdoj.gov 

 Chad S Paiva trustee.paiva@gmail.com, 

michaelbollingpa@gmail.com,sramirez.fbp@gmail.com 

 Kristen N Pate bk@brookfieldpropertiesretail.com 

 Hampton Peterson legalservices@PBCTax.com 

 Michael S Provenzale michael.provenzale@lowndes-law.com, 

anne.fisher@lowndes-law.com 

 Heather L. Ries hries@foxrothschild.com, ralbert@foxrothschild.com 

 Grace E. Robson grobson@mrthlaw.com, 

mrthbkc@gmail.com,lgener@mrthlaw.com,grobson@ecf.courtdrive.com

 Javier A Roldan Cora javier.roldancora@klgates.com 

 Steven D Schneiderman Steven.D.Schneiderman@usdoj.gov 

 Eric J Silver esilver@stearnsweaver.com, 

rross@stearnsweaver.com;larrazola@stearnsweaver.com;cgraver@stearnsweav

er.com;mfernandez@stearnsweaver.com;Atty_arrazola@bluestylus.com 

 Louis G Spencer louis@alexanderricks.com, dana@alexanderricks.com 

 Ronald M Tucker rtucker@simon.com, 

cmartin@simon.com;bankruptcy@simon.com 

 Michael S Waskiewicz mwaskiewicz@burr.com, sguest@burr.com 

 Gillian D Williston gillian.williston@troutman.com, 

fslecfintake@troutman.com;ethan.ostroff@troutman.com;richard.hagerty@trou

tman.com;carter.nichols@troutman.com 

 

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 8 of 28
 

Manual Notice List

Ricki S. Friedman

1 Huckleberry Lane 

Hewlett Harbor, NY 11557 

Steven W. Golden

Pachulski Stang Ziehl & Jones LLP 

780 Third Avenue 

34th Floor 

New York, NY 10017-2024 

Leslie C. Heilman

Ballard Spahr LLP 

919 North Market Street, 11th Floor 

Wilmington, DE 19801-3034 

Michael R. Herz

Fox Rothschild LLP 

49 Market Street 

Morristown, NJ 07960 

Indianola Pecan House Inc

PO Box 367 

Indianola, MS 38751 

Paul J. Labov

Pachulski Stang Ziehl & Jones LLP 

780 Third Avenue 

34th Floor 

New York, NY 10017-2024 

Robert LeHane

Kelly Drye & Warren LLP 

101 Park Avenue, 29th Floor 

New York, NY 10178 

Miami-Dade County Tax Collector

Peter K. Cam, Tax Collector 

c/o Alexis Gonzalez 

200 NW 2nd Avenue, Suite 430 

Miami, FL 33128 

Minnesota Department of Revenue

POB 64447-BKY 

St Paul, MN 55164-0447 

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 9 of 28
 

NEST International, Inc.

Donald K Ludman, Esq 

6 North Broad Street #100 

Woodbury, NJ 08096 

Ernie Zachary Park

13215 E Penn St #510 

Whittier, CA 90602 

Playvisions Inc

19180- 144th Ave NE 

Woodinville, WA 98072 

Laurel D. Roglen

Ballard Spahr LLP 

919 North Market Street, 11th Floor 

Wilmington, DE 19801-3034 

Bradford J. Sandler

Pachulski Stang Ziehl & Jones LLP 

780 Third Avenue 

34th Floor 

New York, NY 10017-2024 

Bradsford J. Sandler

Pachulski Stang Ziehl & Jones LLP 

919 North Market Street 

17th Floor 

Wilmington, DE 19801 

Stribbons

2921 W Cypress Creek Rd #101 

Ft. Lauderdale, FL 33309 

Troy Taylor

c/o Algon Group 

2457 Collins Ave PH 2 

Miami Beach, FL 33140 

Tokidoki LLC

5655 W Adams Blvd 

Los Angeles, CA 90016 

Michael J. Viscount

Fox Rothschild LLP 

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 10 of 28
 

1301 Atlantic Avenue, Suite 400 

Atlantic City, NJ 08401-7212 

Sean T. Wilson

Kelley Drye & Warren LLP 

101 Park Avenue, 27th Floor 

New York, NY 10178 

Hayley R. Winograd

Pachulski Stang Ziehl & Jones LLP 

780 Third Avenue 

34th Floor 

New York, NY 10017-2024 

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 11 of 28
U.S. Trustee: (Notice provided via NEF) 

Office of The United States Trustee 

51 SW First Avenue, Room 1204 

Miami, FL 33130 

Debtors-in-Possession: (via U.S. Mail) 

It’Sugar FL I LLC 

19501 Biscayne Blvd 

Suite 1313 

Aventura, FL 33180 

It’Sugar LLC, It’Sugar Atlantic 

City LLC and It’Sugar FLGC LLC 

4960 Conference Way N, Ste 100 

Boca Raton, FL 33431 

Debtor-in-Possession’s Attorney: 

(Notice provided via NEF)

Michael S. Budwick, Esquire 

Joshua W. Dobin, Esquire 

James C. Moon, Esquire 

Meland Budwick, P.A. 

3200 Southeast Financial Center 

200 South Biscayne Boulevard 

Miami, Florida 33131 

Secured Creditors: (via U.S. Mail) 

SHL Holdings, Inc.

401 E Las Olas Blvd 

Ste 800 

Fort Lauderdale, FL 33301 

Avon Brothers, Inc. dba 

Avon Contractors 

5021 Industrial Rd 

Farmingdale, NJ 07727 

R Baker & Son All 

Industrial Svcs Inc NJ 

190 Boundary Rd 

Marlboro, NJ 07746 

United States and its agencies: 

(via U.S. Mail)

Internal Revenue Service 

P.O. Box 7346 

Philadelphia, PA 19101-7346 

Internal Revenue Services 

Insolvency Unit 

7850 S.W. 6th Court 

Mail Stop 5730 

Plantation, FL 33324 

Notice of Appearances: 

(Notice provided via NEF 

Upon Registered Users) 

Attorneys for Brookfield Properties Retail, 

Inc. 

Kristen N. Pate, Esq. 

Brookfield Properties Retail, Inc., as Agent 

350 N. Orleans Street, Suite 300 

Chicago, IL 60654-1607 

Attorneys for Anne M. Gannon, 

Constitutional Tax Collector 

Hampton Peterson, Esq. 

Palm Beach County Tax Collector’s Office 

P.O. Box 3715 

West Palm Beach, Florida 33402-3715 

Attorneys for Simon Property Group 

Ronald M. Tucker, Esq. 

225 West Washington Street 

Indianapolis, Indiana 46204 

Attorneys for 117 Duval, LLC

Daniel Y. Gielchinsky, Esq. 

Daniel Y. Gielchinsky, P.A. 

1132 Kane Concourse, Suite 204 

Bay Harbor Islands, Florida 33154 

Exhibit 2

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 12 of 28
MASTER SERVICE LIST PER LOCAL RULE 2002-1(H) 

Attorneys for Taubman Landlords

Andrew S. Conway, Esq. 

200 East Long Lake Road 

Suite 300 

Bloomfield Hills, Michigan 48304 

Attorneys for SHL Holdings, Inc.

Eric J. Silver, Esq. 

Stearns Weaver Miller 

Weissler Alhadeff & Sitterson, P.A. 

Museum Tower, Suite 2200 

150 West Flagler Street 

Miami, Florida 33130 

Attorneys for Broward County, Florida

Andrew J. Meyers, Esq. 

Broward County Attorney 

Governmental Center, Suite 423 

115 South Andrews Avenue 

Fort Lauderdale, Florida 33301 

Attorneys for DRM Opco, LLC 

and Vestar RW Tempe Marketplace, LLC

David M. Blau, Esq. 

c/o Clark Hill, PLC 

151 S. Old Woodward Ave., Ste. 200 

Birmingham, MI 48009 

Attorneys for Westfield, LLC, Pyramid 

Management Group, LLC 

Niclas A. Ferland, Esq. 

Ilan Markus, Esq. 

Barclay Damon LLP 

545 Long Wharf Drive, 9th Floor 

New Haven, CT 06511 

Attorneys for Westfield, LLC, Pyramid 

Management Group, LLC 

Kevin Newman, Esq. 

Barclay Damon LLP 

80 State Street 

Albany, NY 12207 

Attorneys for IMI Huntsville LLC 

Eric S. Golden, Esq. 

Burr & Forman LLP 

200 S. Orange Avenue, Suite 800 

Orlando, Florida 32801 

Attorneys for Erst 1542 Third Avenue, LLC 

Brian S. Behar, Esquire 

Behar, Gutt & Glazer, P.A. 

Dcota Suite A -350 

1855 Griffin Road 

Fort Lauderdale, Fl 33004 

Attorneys for Broadway Mercer Assoc. 

Daniel M. Eliades, Esq. 

David S. Catuogno, Esq. 

K&L GATES LLP 

One Newark Center, Tenth Floor 

1085 Raymond Boulevard 

Newark, New Jersey 07102 

Attorneys for The Macerich Company and 

Federal Realty Investment Trust 

Joaquin J. Alemany, Esq. 

Florida Bar No. 662380 

Holland & Knight LLP 

701 Brickell Avenue, Suite 3300 

Miami, Florida 33131

Attorneys for The Macerich Company and 

Federal Realty Investment Trust 

Leslie C. Heilman, Esquire 

Laurel D. Roglen, Esquire 

BALLARD SPAHR LLP 

919 N. Market Street, 11th Floor 

Wilmington, Delaware 19801-3034 

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 13 of 28
MASTER SERVICE LIST PER LOCAL RULE 2002-1(H) 

Attorneys for The Macerich Company and 

Federal Realty Investment Trust 

Dustin P. Branch, Esquire 

BALLARD SPAHR LLP 

2029 Century Park East, Suite 1400 

Los Angeles, CA 90067-2915 

Attorneys for The Macerich Company and 

Federal Realty Investment Trust 

David L. Pollack, Esquire 

BALLARD SPAHR LLP 

1735 Market Street, 51st Floor 

Philadelphia, PA 19103-7599 

Attorneys for Domain Northside Retail 

Property Owner LP

Kevin S. Neiman, Esq. 

Law Offices of Kevin S. Neiman, pc 

999 18th Street, Suite 1230 S 

Denver, CO 80202 

Attorneys for Shopcore Properties, L.P., 

Tanger Properties Limited Partnership and 

Turnberry Associates 

Robert L. LeHane, Esq. 

Sean T. Wilson, Esq. 

Kelley Drye & Warren LLP 

101 Park Avenue 

New York, New York 10178 

Attorneys for Washington Prime Group, Inc. 

Ronald E. Gold, Esq. 

Erin P. Severini, Esq. 

Kendal Hardison, Esq. 

Frost Brown Todd LLC 

3300 Great American Tower 

301 East Fourth Street 

Cincinnati, OH 45202 

Attorneys for MV Rolling Oaks Retail, LLC 

Michael S. Provenzalem Esq. 

Lowndes, Drosdick, Doster, Kantor and 

Reed, P.A. 

215 N. Eola Drive 

Orlando, Florida 32801 

Attorneys for Hill Partners, Inc. as agent 

For MCA Promenade Owner, LLC 

Chad S. Paiva, Esq. 

Fender, Bolling, and Paiva, P.A. 

6526 S. Kanner Highway, #376 

Stuart, FL 34997 

Attorneys for Liberty Center LLC 

Gillian D. Williston, Esq. 

Troutman Pepper Hamilton Sanders LLP 

222 Central Park Avenue, Suite 2000 

Virginia Beach, VA 23462 

Attorneys for Daytona Beach Property 

Holdings Retail, LLC

Ryan E. Davis, Esq. 

Winderweedle, Haines, Ward 

& Woodman, P.A. 

329 Park Avenue North 

Second Floor 

Winter Park, FL 32789 

Attorneys for Downtown Delray 

Holdings, LLC 

Robert C. Furr, Esq. 

Furr and Cohen, P.A. 

2255 Glades Road 

Suite 301E 

Boca Raton, FL 33431 

Attorneys for Victory Retail I, L.P.

Louis G. Spencer, Esq. 

Alexander Ricks PLLC 

1420 E. 7th Street, Suite 100 

Charlotte, NC 28204 

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 14 of 28
MASTER SERVICE LIST PER LOCAL RULE 2002-1(H) 

Attorneys for Shopcore Properties, LP, 

Tanger Properties Limited Partnership and 

Turnberry Associates

Grace E. Robson, Esq. 

Markowitz Ringel Trusty & Hartog, PA 

101 NE Third Ave., Suite 1210 

Fort Lauderdale, FL 33301 

Pro Hac Vice Counsel for Shopcore 

Properties, LP, Tanger Properties Limited 

Partnership and Turnberry Associates

Sean T. Wilson, Esq. 

Robert L. LeHane, Esq. 

Kelley Drye & Warren LLP 

101 Park Avenue, 27th Floor 

New York, NY 10178 

Attorneys for Victory Retail I, L.P. 

Louis G. Spencer, Esq. 

Alexander Ricks PLLC 

1420 E. 7th Street, Suite 100 

Charlotte, NC 28204 

Attorneys for Irvine Company, LLC

Ernie Zachary Park, Esq. 

Bewley, Lassleben & Miller, LLP 

13215 E. Penn St., Suite 510 

Whittier, CA 90602 

Attorneys for Market Street South, LLC 

and Legacy Place Properties, LLC 

Joseph H. Baldiga, Esq. 

Kate P. Foley, Esq. 

Mirick, O’Connell, DeMallie 

& Lougee, LLP 

1800 West Park Drive, Suite 400 

Westborough, MA 01581 

Attorneys for Official Committee 

of Unsecured Creditors 

Heather L. Ries, Esquire 

Michael J. Viscount, Jr., Esquire 

Michael R. Herz, Esquire 

Fox Rothschild LLP 

777 South Flagler Drive 

Suite 1700 West Tower 

West Palm Beach, FL 33401

Attorneys for Official Committee 

of Unsecured Creditors 

Bradford J. Sandler, Esquire 

Paul J. Labov, Esquire 

Steven W. Golden, Esquire 

Hayley R. Winograd, Esquire 

Pachulski Stang Ziehl & Jones LLP 

780 Third Avenue, 34th Floor 

New York, NY 10017-2024 

Attorneys for Singer Coney, LLC

Ilyse M. Homer, Esq. 

Berger Singerman LLP 

1450 Brickell Avenue, Suite 1900 

Miami, FL 33131 

Attorneys for Jay Paul Company 

Sheppard Mullin Richter & Hampton LLP 

Attn: Douglas Van Gessel 

Attn: Jeannie Kim 

Four Embarcadero Center, 17th Floor 

San Francisco, CA 94111-4109 

Attorneys for Jack’s Candy Company 

and Consolidated Service Distributors, Inc.

David S. Kupetz, Esq. 

SULMEYERKUPETZ 

333 S. Grand Avenue, Suite 3400 

Los Angeles, CA 90071 

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 15 of 28
MASTER SERVICE LIST PER LOCAL RULE 2002-1(H) 

Attorneys for BBMK Contracting, LLC

Ian J. Kukoff, Esq. 

Blaxberg, Grayson, Kukoff & Forteza, P.A. 

25 S.E. Second Avenue 

Miami, Florida 33131 

Request for Service: 

(Via U.S. Mail) 

Miami-Dade County Tax Collector 

Peter K. Cam, Tax Collector 

c/o Alexis Gonzalez 

200 NW 2nd Avenue, Suite 430 

Miami, FL 33128 

Committee Members: 

(via U.S. Mail)

Ronald M. Tucker 

Vice President /Bankruptcy Counsel 

Simon Property Group, Inc., and its affiliates 

225 West Washington Street 

Indianapolis, IN 46204 

Minaz Ahamed. CEO 

Jack’s Candy Company 

777 S. Central Ave. 

Los Angeles, CA 90021 

Julie Minnick Bowden 

National Bankruptcy Director 

Brookfield Properties Retail, Inc. 

350 N. Orleans St., Suite #300 

Chicago, IL 60654 

Kevin Gottlieb 

KRG Enterprises, Inc, 

9901 Blue Grass Road 

Philadelphia, PA 19114 

Les Stier 

Nassau Candy Distributors, Inc. 

530 W. John St. 

Hicksville, NY 11801 

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 16 of 28
Exhibit A

Wa

LAWYER'S

k

life V—

K O P E L O W • ! L OS't ROW:

•I f'M. WEISEI.&ERC- G.IL9ERT

Telephone: 954.525.4100 Facsimile: 954.525.4300 One West Las Olas Boulevard, Suite 500

Fort Lauderdale, Florida 33301

October 1 , 2020

IT'SUGAR FL I, LLC

IT'SUGAR LLC

IT'SUGAR ATLANTIC CITY, LLC

IT'SUGAR FLGC, LLC

Attention: Anton Gladnikov

4960 Conference Way North, Suite 100

Boca Raton, FL 33431

Re: Engagement as Counsel

Dear Mr. Gladnikov:

Thank you for retaining Kopelowitz Ostrow, P.A. to represent IT'SUGAR FL I,

LLC, IT'SUGAR LLC, IT'SUGAR ATLANTIC CITY, LLC, and IT'SUGAR FLGC, LLC

with respect to ongoing contractual needs for pending retail and distribution programs.

We look forward to serving your needs in this matter and establishing a mutually

satisfactory relationship.

The purpose of this letter is to confirm our engagement as counsel, subject to

bankruptcy court approval, and to provide you with certain information concerning our

fees, billing and collection policies, and other terms that will govern our relationship.

Although we do not wish to be overly formal in our relationship with you, we have found

it a helpful practice to confirm with our clients the nature and terms of our

representation. Attached to this letter are our standard terms of engagement, the

receipt of which you acknowledge by your signature below. Please review our standard

terms of engagement and let me know if you have any questions concerning our

policies.

We will bill you on a discounted hourly basis for our services rendered on your

behalf in the amount of $375.00.

We will issue monthly bills for our services rendered including any costs that

have been incurred. Our invoices are due when issued. Should the bills exceed the

amount on deposit, any overage is due at the time the bill is issued.

If the terms described above and in the attached terms of engagement are

satisfactory, please so indicate by signing this letter and returning the signed letter to me.

Miami Fort Lauderdale 1 ; n ^ ' Exhibit A

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 17 of 28
UOLUUCI I , Page 2

Thank you again for the trust and confidence you are placing with our firm. We

look forward to working with you to bring these matters to a successful conclusion.

Sincerely,

-•-7 />

/• >

BRIAN R. KOPELOWITZ

For the Firm

Approved this 1st day of October, 2020.

By:

IT'SUGAR FL l.lLC

By:

IT'SUGAR L

IT'SUGAR'AtANTIC CITY, LLC

By:

By:

IT'SUGAR KGC, LLC

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 18 of 28
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TERMS OF ENGAGEMENT

We appreciate your decision to retain KOPELOWITZ OSTROW P.A. as your

legal counsel. This document explains how we work, our obligations to you, your

obligations to us, what we will do on your behalf, and how our charges will be

determined and billed.

Our engagement and the services that we will provide to you are limited to the

matter identified in the accompanying letter. Any changes in the scope of our

representation as described in the letter must be approved in writing. We will provide

services of a strictly legal nature related to the matters described in that letter. You will

provide us with the factual information and materials we require to perform the services

identified in the letter, and you will make such business or technical decisions and

determinations as are appropriate. You will not rely on us for business, investment, or

accounting decisions, or expect us to investigate the character or credit of persons or

entities with whom you may be dealing, unless otherwise specified in the letter.

Confidentiality and Related Matters

As a matter of professional responsibility, we are required to preserve the

confidences and secrets of our clients. This professional obligation and the legal

privilege for attorney-client communications exist to encourage candid and complete

communication between a client and his lawyer. We can perform beneficial services for

a client only if we are aware of all information that might be relevant to our

representation. Consequently, we trust that our attorney-client relationship with you will

be based on mutual confidence and unrestrained communication to facilitate our proper

representation of you.

Fees and Billing

When establishing fees for services that we render, we are guided primarily by

the time and labor required, although we also consider other appropriate factors, such

as the novelty and difficulty of the legal issues involved; the legal skill required to

perform the particular assignment; time-saving use of resources (including research,

analysis, data and documentation) that we have previously developed and stored

electronically or otherwise in quickly retrievable form; the fee customarily charged by

comparable firms for similar legal services; the amount of money involved or at risk and

the results obtained; and the time constraints imposed by either the client or the cir

cumstances. The firm generally requires a retainer in an amount that is appropriate with

respect to the proposed representation. We generally will apply our services rendered

to your fee deposit. When the fee deposit is at or near exhaustion, we may ask you to

replenish the deposit, and you agree to do so. Alternatively, and unless otherwise

agreed, the retainer may be applied to the last statement rendered in connection with

the representation, with any unused portion being returned to you. We record and bill

our time in one-tenth hour (six minute) increments.

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 19 of 28
UUIUUCI Page 4

Out-of-Pocket Expenses. In addition to legal fees, our statements may include

out-of-pocket expenses that we have advanced on your behalf and our internal charges

(which may exceed direct costs and allocated overhead expenses) for certain support

activities. Alternatively, we may charge for such internal charges as a percentage of the

fees charged. Although we typically do not advance expenses when outside service

providers are required, advanced expenses generally may include such items as travel,

postage that is distinct from regular U.S. mail, filing, recording, certification, and

registration fees charged by governmental bodies. Our internal charges typically

include such items as overnight courier services, certain charges for terminal time for

computer research and complex document production. We may request an advance

cost deposit (in addition to the advance fee deposit) when we expect that we will be

required to incur substantial costs on behalf of the client. You agree that if required to

travel in connection with your matter, we may arrange "first class" accommodations and

transportation.

During the course of our representation, it may be appropriate to hire third parties

to provide services on your behalf. These services may include such things as

consulting or testifying experts, investigators, providers of computerized litigation

support, and court reporters. Because of the legal "work product" protection afforded to

services that an attorney requests from third parties, in certain situations our firm may

assume responsibility for retaining the appropriate service providers. Even if we do so,

however, you will be responsible for paying all fees and expenses directly to the service

providers or reimbursing us for these expenses. You agree that we may instruct the

foregoing service providers to bill you directly for their services rendered.

Billing. We bill periodically through-out the engagement for a particular matter,

and our periodic statements are due when rendered. If our fees are based primarily on

the amount of our time devoted to the matter, our statements will be rendered monthly.

In instances in which we represent more than one person with respect to a matter, each

person that we represent is jointly and severally liable for our fees and expenses with

respect to the representation. Our statements contain a concise summary of each

matter for which legal services are rendered and a fee is charged.

If our statements are not paid in a timely manner, we reserve the right to

discontinue services. You agree we may assert an attorney's lien on your file if we are

not timely paid, thereby retaining all documents provided to us in connection with your

matter until payment is received or adequate assurance of payment (acceptable to us in

our sole discretion) is received. You also agree that if we are not timely paid or are

discharged from your matter, we may assert a "charging lien" on your file as a lien

against proceeds which may be recovered by you or on your behalf. If our statement

has not been paid within 30 days from the date of the statement, we impose an interest

charge of 1.25 percent per month (a 15 percent annual percentage rate) from the 30th

day after the date of the statement until it is paid in full. Interest charges apply to

specific monthly statements on an individual statement basis. Any payments made on

past due statements are applied first to the oldest outstanding statement. We are

entitled to attorneys' fees and expenses if collection activities are necessary. We will be

paid in full if discharged from any matter we are handling for you.

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 20 of 28
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You agree that we are authorized to and may receive settlement monies on your

behalf, and that we may deduct from those funds the amount of your outstanding bills

and costs which have been incurred in connection with the matter for which the monies

were received (and any other matter on which we may be working for you) before

remitting the balance of those settlement monies to you. Additionally, if we are holding

monies in trust for your benefit, you authorize us to apply those trust monies to any of

your outstanding invoices before remitting the balance of the funds in trust to you.

Questions About Our Bills. We invite you to discuss with us any questions that

you have concerning a fee charged for any matter. We want you to be satisfied with the

quality of our services and the reasonableness of the fees that we charge for those

services. We will attempt to provide as much billing information as you require and in

such customary form that you desire.

You agree that we may dispose of any and all files we have

maintained in connection with any matter we handle for you so long as we maintain the

file for at least one year after our representation of you is concluded. If you want your

file and/or any papers within it, you agree that it is and will be your obligation to contact

us and to request that your file be delivered to you at our offices, or you will pre-pay us

for delivery of your file to such location as you may request. If you do not contact us,

you agree that we can consider your file to have been abandoned by you, and that we

are not required to give you any notice regarding the disposal of your file and that we

may dispose of it and everything within it.

Your File.

Termination

Upon completion of the matter to which this representation applies, or upon

earlier termination of our relationship, the attorney-client relationship will end unless you

and we have expressly agreed to a continuation with respect to other matters. We

hope, of course, that such a continuation will be the case. The representation is

terminable at will by either of us. The termination of the representation will not

terminate your obligation to pay fees and expenses incurred prior to the termination.

Your agreement to this engagement constitutes your acceptance of the foregoing

terms and conditions. If any of them is unacceptable to you, please advise us now so

that we can resolve any differences and proceed with a clear, complete, and consistent

understanding of our relationship.

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 21 of 28
1

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

www.flsb.uscourts.gov

In re:

Chapter 11

IT’SUGAR FL I LLC, Case No. 20-20259-RAM

IT’SUGAR LLC, Case No. 20-20261-RAM

IT’SUGAR ATLANTIC CITY LLC, Case No. 20-20263-RAM

IT’SUGAR FLGC LLC, Case No. 20-20264-RAM

(Joint Administration pending)

Debtors.

_______________________________/

DECLARATION OF BRIAN R. KOPELOWITZ 

Brian R. Kopelowitz, being duly sworn, says:

1. I am an attorney admitted to practice in the State of Florida and the United States 

District Court for the Southern District of Florida.

2. I am a shareholder and employed by the law firm of Kopelowitz Ostrow, P.A. 

(“KO”) with offices located at One West Las Olas Boulevard, Suite 500, Fort Lauderdale, Florida 

33301.

3. I am familiar with the matters set forth herein and make this declaration 

(“Declaration”) in support of the application (“Application”) of It’Sugar FL I LLC; It’Sugar LLC; 

II’Sugar Atlantic City LLC; and It’Sugar FLGC LLC (“Debtors”) for authority to employ and 

retain KO as attorneys for the Debtors for the purpose of negotiating several ongoing distribution 

agreements and license agreements with respect to It’Sugar fulfillment and It’Sugar locations in 

New Jersey and New York locations. KO proposes to charge its normal hourly rates in effect from 

time to time (less a 25% discount to be applied to each invoice consistent with pre-petition billing) 

and in accordance with KO’s normal reimbursement policies, in compliance with Bankruptcy 

Code sections 327(e), 328(a) and 330, and to provide disclosure required under Rules 2014(a), 

Exhibit B

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 22 of 28
2

2016 and 5002 of the Federal Rules of Bankruptcy Procedure (“Bankruptcy Rules”) and Rules 

2014-1 and 2016-1 of the Local Rules for the United States Bankruptcy Court for the Southern 

District of Florida (“Local Rules”). 

4. KO has served as counsel to the Debtors since April, 2019 for various contractual 

and lease transactions. As such, KO is familiar with the Debtors’ business and financial affairs 

and is well qualified to provide the services required by the Debtors. 

5. To the best of my knowledge and information, no member of KO has an interest

materially adverse to the interests of the Debtors’ estates or to any class of creditors or equity 

security holders of the Debtors, by reason of any direct or indirect relationship to, connection with, 

or interest in, the Debtors, as specified in subparagraph (C) of Section 101(14) of the Bankruptcy 

Code, or for any other reason.

6. KO neither holds nor represents any interest adverse to the Debtors and is a 

“disinterested person” within the scope and meaning of Section 101(14) of the Bankruptcy Code.

7. KO discloses the following “connections”:

a) In the past, and ongoing, KO has represented BBX Capital, Inc. (“BBX”) 

and its subsidiaries, Heartwood 47, LLC, BBX Sweet Holdings, LLC, and Florida Asset 

Resolution Group, LLC, in various real estate litigation matters, as well as various contract 

reviews, and other general legal needs as requested by BBX Capital Corp. and its 

subsidiaries. Some of those matters are ongoing, but are not related to Debtors.

b) From time to time, Brian Kopelowitz has represented BBX officers Seth 

Wise and Jarett Levan in various personal legal matters. These representations have

concluded and those matters were, at all times, unrelated to the Debtors.

c) From time to time, KO has represented BBX Sweet Holdings, LLC in 

various commercial lease negotiations, and for general legal needs, as requested by BBX 

Sweet Holdings, LLC. Additionally, KO represented BBX Sweet Holdings, LLC with 

respect to the acquisition of Anastasia Confections in Orlando, Florida. 

d) BBX Capital Florida LLC owns BBX Sweet Holdings LLC, which owns 

It’Sugar Holdings LLC, which owns 90% of the common membership interest It’Sugar 

LLC, which owns the other Debtors.

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 23 of 28
3

e) KO has purchased products from Hoffman’s Chocolates as seasonal gifts. 

In the aggregate, these purchases were for nominal amounts.

8. Neither I nor our firm has or will represent any other entity in connection with these 

cases, and neither I nor our firm will accept any fee from any other party or parties in this case, 

except the Debtors, unless otherwise authorized by the Court. 

9. Prepetition, KO was paid the following amounts from the Debtor, It’Sugar LLC:

a) October 23, 2019 $525.00

b) November 22, 2019 $37.50

c) January 20, 2020 $13,251.50

d) February 19, 2020 $787.50

e) May 4, 2020 $6,712.50

f) May 26, 2020 $5,304.75

g) June 15, 2020 $6,975.00

h) September 24, 2020 $300.00

10. The professional fees and costs incurred by KO in the course of its representation 

of the Debtors in these cases shall be subject in all respects to the application and notice 

requirements of 11 U.S.C. §§ 327, 330 and 331 and Bankruptcy Rule 2014 and 2016. 

11. There is no agreement of any nature, other than the engagement agreement of our 

firm, as to the sharing of any compensation to be paid to the firm. No promises have been received 

by KO, nor any member or associate thereof, as to compensation in connection with this case other 

than in accordance with the provisions of the Bankruptcy Code. 

12. No attorney at KO holds a direct or indirect equity interest in the Debtors, including 

stock or stock warrants, or has a right to acquire such an interest.

13. No attorney at KO is or has served as an officer, director or employee of the Debtors 

within two years before the Petition Date.

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 24 of 28
14. No attorney at KO is in control of the Debtors.

1 5. No attorney at KO is or has served as an officer, director or employee of a financial

advisor that has been engaged by the Debtors in connection with the offer, sale or issuance of a

security of the Debtors, within two years before the Petition Date.

1 6. No attorney at KO has represented a financial advisor ofthe Debtors in connection

with the offer, sale or issuance of a security of the Debtors, within three years before the Petition

Date.

1 7. No attorney at KO has any other interest, direct or indirect, that may be affected by

the proposed representation.

18. Except as set forth herein, no attorney at KO has had or presently has any material

connection with the captioned Debtors, the Debtors' creditors, any other party in interest or their

respective attorneys and accountants, the United States trustee, or any person employed in the

Office of the United States trustee, or any matters in which the firm is to be engaged, except that

I, KO, or our attorneys, (i) may have appeared in the past, and may appear in the future, in other

cases in which one or more of such parties may be involved; and (ii) may represent or may have

represented certain ofthe Debtors' creditors, in matters unrelated to these cases.

Pursuant to 28 U.S.C. § 1746, 1 declare under penalty of perjury that the foregoing is true

and correct.

I'D ^ acj - 2020- Executed on / &

BRIAJ^KOPELOWITZ

4

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 25 of 28
1

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 AUTHORIZING THE EMPLOYMENT AND RETENTION OF BRIAN R. 

KOPELOWITZ, ESQ. AND THE LAW FIRM OF KOPELOWITZ OSTROW, P.A. 

AS SPECIAL COUNSEL NUNC PRO TUNC TO OCTOBER 1, 2020 

 THIS MATTER came before the Court on _____________, at _____. upon the hearing 

to consider the Application of the Debtors for an Order Authorizing the Employment and 

Retention of Brian R. Kopelowitz, Esquire and the Law Firm of Kopelowitz Ostrow, P.A. as 

Special Counsel Nunc Pro Tunc to October 1, 2020 [ECF No. ___] (the “Application”), pursuant 

to § 327(e) of Title 11 of the United States Code (the “Bankruptcy Code”), Rules 2014(a), 2016 

and 6003 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) and Rules 

2014-1 and 2016-1 of the Local Rules for the United States Bankruptcy Court for the Southern 

Exhibit C

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 26 of 28
2

District of Florida (the “Local Rules”); the Court having reviewed the Application, the 

declaration of Brian R. Kopelowitz, Esq. in support of the Application, (the “Kopelowitz 

Declaration”); the Court being satisfied based upon the representations made in the Application 

and the Kopelowitz Declaration that (a) Brian R. Kopelowitz, Esquire (“Special Counsel”) and 

the Law Firm of Kopelowitz Ostrow P.A. (the “Firm”) does not represent or hold any interest 

adverse to the debtor or to the estate with respect to the matter on which such attorney is to be 

employed and Local Rule 2014-1; due and proper notice of the Application having been 

provided, and after due deliberation and sufficient cause appearing therefore, it is accordingly

ORDERED AND ADJUDGED as follows: 

1. The Application is GRANTED nunc pro tunc to October 1, 2020. 

2. It’Sugar FL I LLC, It’Sugar LLC (“ITS or Sugar”), It’Sugar Atlantic City LLC, 

and It’Sugar FLGC LLC (collectively, the “Debtors”) are authorized to employ and retain the 

Firm as their special counsel in these Chapter 11 cases in accordance with the terms and 

conditions set forth in the Application and this Order. 

3. The Firm shall apply for compensation for professional services rendered and 

reimbursement of expenses incurred in connection with the Debtors’ Chapter 11 cases in 

compliance with the applicable provisions of the Bankruptcy Code, the Bankruptcy Rules, the 

Local Rules, guidelines established by the Office of the United States Trustee for the Southern 

District of Florida and any other applicable procedures and orders of the Court. 

4. Time records in support of any application for compensation and reimbursement 

of costs may be maintained by the Firm with respect to the Debtors on a consolidated basis 

without the necessity for tracking time separately as to each Debtor. 

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 27 of 28
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5. This Court shall retain jurisdiction to hear and determine all matters arising from 

or related to the implementation of this Order. 

### 

Submitted By: 

James C. Moon, Esquire 

Florida Bar No. 938211 

jmoon@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: 

James C. Moon, Esquire, is directed to serve copies of this Order on all parties in interest and to 

file a Certificate of Service. 

Case 20-20259-RAM Doc 211 Filed 12/23/20 Page 28 of 28