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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

www.flsb.uscourts.gov

In re:

HELLENIC PETROLEUM, LLC,

Alleged Debtor. /

CASE NO.: 21-12317-EPK

Chapter 7 (Involuntary)

ORDER GRANTING MOTION FOR RELIEF FROM THE 

AUTOMATIC STAY AS TO FRESNO ADVERSARY PROCEEDING [ECF #39]

THIS MATTER came before the Court on August 11, 2021 at 1:30 p.m. (the “Hearing”) 

upon the Motion for Relief from the Automatic Stay as to Fresno Adversary Proceeding [ECF# 39] 

(the “Motion”)1filed by Sallyport Commercial Finance, LLC and DRO Barite LLC (together, the 

“Movants”) pursuant to 11 U.S.C. § 362(d)(1), Rule 4001 of the Federal Rules of Bankruptcy 

Procedure, and Rule 4001-1 of the Local Bankruptcy Rules for the Southern District of Florida, 

seeking relief from the automatic stay to proceed with certain litigation involving Hellenic 

Petroleum, LLC (the “Alleged Debtor”), pending before the U.S. Bankruptcy Court for the Eastern 

 

1 Capitalized terms not expressly defined herein shall have the meanings ascribed to them in the Motion.

Erik P. Kimball, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on August 17, 2021.

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District of California, Fresno Division (the “Fresno Bankruptcy Court”). The Court having 

reviewed and considered the Motion, the Affidavit of Lori Eropkin in Support of Sallyport 

Commercial Finance, LLC and DRO Barite LLC’s Motion for Relief from the Automatic Stay as 

to Fresno Adversary Proceeding [ECF #40] filed by the Movants, the Request for Judicial Notice 

in Support of Sallyport Commercial Finance, LLC and DRO Barite LLC’s Motion for Relief from 

the Automatic Stay as to Fresno Adversary Proceeding [ECF #41] filed by the Movants, the 

Response in Opposition to Motion for Relief from the Automatic Stay as to Fresno Adversary 

Proceeding [ECF #57] filed by the Alleged Debtor, and the Status Report on Sallyport Commercial 

Finance, LLC and DRO Barite LLC’s Motion for Relief from the Automatic Stay as to Fresno 

Adversary Proceeding [ECF #114], and having heard the arguments of counsel for the Movants 

and counsel for the Alleged Debtor at the Hearing, 

IT IS ORDERED THAT:

1. The Motion is GRANTED under 11 U.S.C. § 362(d)(1).

2. As to Movants, the stay of 11 U.S.C. § 362(a) is terminated as to the Alleged 

Debtor and the Alleged Debtor’s bankruptcy estate with respect to the case styled as Kodiak 

Mining & Minerals II, LLC, et al., v. Manfredo, Fresno Bankruptcy Court, Adversary Proceeding 

No. 2017-01086 (the “Fresno Proceeding”). Movants may proceed to final judgment (including 

any appeals) in the Fresno Proceeding. 

3. The automatic stay will remain in effect as to enforcement of any resulting 

judgment in the Fresno Proceeding as against the Alleged Debtor and property of this bankruptcy 

estate, except that Movants will retain the right to file a proof of claim in this bankruptcy case 

under 11 U.S.C. § 501.

4. This Order shall remain binding and effective despite any conversion of this 

bankruptcy case to a case under any other chapter of the Bankruptcy Code.

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5. The Court retains jurisdiction to enforce the terms of this Order.

# # #

Submitted by: 

Robert Charbonneau, Esq.

rpc@agentislaw.com

AGENTIS PLLC

Co-Counsel for the Movants

55 Alhambra Plaza, Suite 800

Coral Gables, Florida 33134

T: 305.722.2002

www.agentislaw.com

(Attorney Charbonneau is directed to serve a copy of this order on interested parties who are nonCM/ECF users and to file a proof of service)

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