UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

 

In Re: Chapter 11 

 

C.S.C. ENTERPRISES, INC., d/b/a Case No.: 21-11549-RAM 

SCULLY’S TAVERN, 

 

Debtor. 

 / 

DEBTOR’S MOTION TO ASSUME 

THE LEASE AGREEMENT 

BETWEEN DEBTOR AND EQUITY ONE (FLORIDA PORTFOLIO), LLC 

C.S.C. Enterprises, Inc. d/b/a Scully’s Tavern (“Debtor”), by and through undersigned 

counsel, files this Motion to Assume the Lease Agreement between Debtor and Equity One 

(Florida Portfolio), LLC (“Landlord”), and states as follows: 

BACKGROUND

1. Debtor owns and has been operating a tavern at 9809 SW 72nd Street, Space #1, Miami, 

Florida 33173 (the “Leased Premises”) for more than 30 years. Movant and Debtor are 

respectively Landlord and Tenant under a lease agreement (the “Lease”). 

2. Due to the restrictions and effects of COVID-19, Debtor fell behind in his payment 

arrangements with the Landlord. 

3. On November 19, 2020, Landlord filed an eviction action against Debtor in Circuit Court in 

Miami-Dade County, Case No. 2020-024897-CA-01 (the “Eviction case”). 

4. On February 17, 2021, Debtor filed a voluntary petition for relief under Chapter 11 of the 

Bankruptcy Code in order to reorganize and continue to operate. 

5. The Debtor and Landlord have reached an agreement, and they signed a Second Amendment 

to the Lease Agreement which has been previously presented to the Court. 

Case 21-11549-RAM Doc 68 Filed 07/01/21 Page 1 of 4
6. The Second Amendment to the Lease Agreement is a “de facto” assumption of the Debtor’s 

lease with the Landlord. 

7. Furthermore, the agreement was approved by the Honorable Court on June 10, 2021. 

DE 66. 

8. The Order also stated that the Debtor has to file a Motion to Assume the Lease on or before 

July 1, 2021. DE 66. 

MEMORANDUM OF LAW 

Debtor is not disputing that the unexpired commercial lease is within the scope of 11 U.S.C. § 

365. Section 365 allows a debtor in possession to assume or reject an unexpired nonresidential 

lease within 60 days after the date of order granting relief. See 11 U.S.C. § 365(d)(4). Note, in 

consideration of Covid-19 pandemic, Congress recently enacted Public Law 116-260, which 

became law on December 27, 2020 and effective through December 27, 2022, affecting Section § 

365(d)(3) as follows: 

§365. Executory contracts and unexpired leases 

(d) 

(3) adding Subsection (B) 

(B) In a case under subchapter V of chapter 11 [11 USCS §§ 1181 et seq.], the 

time for performance of an obligation described in subparagraph (A) arising 

under any unexpired lease of nonresidential real property may be extended by 

the court if the debtor is experiencing or has experienced a material financial 

hardship due, directly or indirectly, to the coronavirus disease 2019 (COVID–

19) pandemic until the earlier of— 

(i) the date that is 60 days after the date of the order for relief, which may 

be extended by the court for an additional period of 60 days if the court 

determines that the debtor is continuing to experience a material financial 

hardship due, directly or indirectly, to the coronavirus disease 2019 

(COVID–19) pandemic; or 

(ii) the date on which the lease is assumed or rejected under this section. 

Case 21-11549-RAM Doc 68 Filed 07/01/21 Page 2 of 4
Debtor has been experiencing a material financial hardship directly due to the Covid-19 

pandemic. The tavern is a restaurant which had been required to operate at limited capacity in 

compliance with continued governmental regulations. Therefore, under the enacted law, the Court 

could provide the Debtor an additional 60 days to assume the lease, which this motion falls within 

the time limit, and the motion complies with Order dated June 10, 2021. DE 66. 

 . CONCLUSION

Due to the foregoing reasons, Debtor respectfully requests that this Court allows the Debtor to 

assume the commercial rental lease. 

CERTIFICATE O F SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing document has been

served via CM/ECF notification or USPS Mail to the parties on the attached Mailing Matrix and

all others set forth on the NEF on this 1st day of July 2021.

/s/ Ricardo C orona 

Ricardo R. Corona, Esq.

Florida Bar No.:111333 

3899 NW 7 Street, Suite 202-B 

Miami, FL 33126 

(305) 266-1150 

(305)266-1151 

bk@coronapa.com 

Case 21-11549-RAM Doc 68 Filed 07/01/21 Page 3 of 4
Page 4 of 4 

Via CM/ECF 

U.S. TRUSTEE 

51 S.W. 1st Avenue, Suite 1204 

Miami, FL 33130 

USTPRegion21.MM.ECF@usdoj.gov 

Steven D. Schneiderman 

Office of the U.S. Trustee 

51 S.W. 1st Avenue, Suite 1204 

Miami, FL 33130 

Steven.D.Schneiderman@usdoj.gov 

 Equity One (Florida Portfolio) LLC 

Ryan E. Davis – Attorney for Landlord/Creditor 

Winderweedle, Haines, Ward & Woodman, P.A. 

P.O. Box 880 

Winter Park, FL 32790-0880 

rdavis@whww.com 

Tarek Kiem – Subchapter V Trustee 

Kiem Law, PLLC 

8461 Lake Worth Road, Suite 114 

Lake Worth, FL 33467 

tarek@kiemlaw.com 

Via U.S. Mail to: 

CSC Enterprises, Inc. DBA Scully’s Tavern 

9809 SW 72 Street 

Miami, FL 33173 

All creditors and parties in interest listed on the mailing matrix attached hereto. 

Case 21-11549-RAM Doc 68 Filed 07/01/21 Page 4 of 4