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IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

IN RE: CASE NO. 21-14020-RAM 

A & S ENTERTAINMENT, LLC, 

dba THE OFFICE, 

Debtor. 

____________________________________/ 

CREDITOR KELSIE BLASH’S MOTION FOR RELIEF FROM THE AUTOMATIC 

STAY PURSUANT TO 11 U.S.C. §362(d) ON NEGATIVE NOTICE 

Any interested party who fails to file and serve a written response to this motion within 14 

days after the date of service stated in this motion, pursuant to Local Rule 4001-1(C), be 

deemed to have consented to the entry of an order granting the relief requested in the 

motion. 

 Creditor Kelsie Blash (hereafter “Blash”), by and through undersigned counsel, files this 

Agreed Motion for Relief from the Automatic Stay on Negative Notice, alleging as follows: 

1. On April 27, 2021, Debtor A & S Entertainment, LLC (hereafter “Debtor”) filed a 

petition for Chapter 11 bankruptcy and commenced these current proceedings under Case No. 21-

14020-RAM. 

2. On July 4, 2021 Creditor Kelsie Blash filed a timely proof of claim (Claim #5) in 

the bankruptcy case asserting claims for negligent security, false imprisonment, battery, negligent 

supervision, breach of oral contract, and related claims, and in support thereof submitted with the 

proof of claim the Second Amended Complaint filed in Case No. 2018-014849-CA-01 filed 

prepetition in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. 

3. The proof of claim seeks damages against Debtor for negligence of its employees 

and bouncer. The claims asserted by Blash are at least partly covered and insured by AIX Specialty 

Insurance Company/The Hanover Insurance Group, Policy Number Z1JA16388302. Debtor’s 

claim with its insurer regarding Blash has been assigned Claim No. 19-00228769. [See Exhibit 

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A- AIX Insurance Policy, including an “Assault & Battery” liability cap of $25,000] [See Exhibit 

B- Acknowledgment of Claim]. 

4. Debtor filed an objection to Blash’s proof of claim on September 24, 2021 [ECF 

#87]. The deadline to respond to the objection, pursuant to this Court’s rule on negative notice, 

was October 25, 2021. On said date, Blash filed a reply to the claim seeking for the claim to be 

allowed as filed. On December 13, 2021, the Court entered an Agreed Order allowing Mr. Blash’s 

claim in the amount of $500,000. The insurance liability cap of $25,000 falls well within the 

amount of the claim allowed by the bankruptcy court. 

5. In order to pursue the maximum relief possible in pursuit of Blash’s claim, and 

ensure the claim is paid, Blash seeks relief from the automatic stay for the purposes of continuing 

pursuit of legal relief against the proceeds of Debtor’s insurance coverage and its insurer The 

Hanover Insurance Group and AIX Specialty Insurance Company through Case No. 2018-014849-

CA-01 in the Eleventh Judicial Circuit of Miami-Dade County. 

6. This motion is being filed for cause pursuant to 11 U.S.C. §362(d)(1). Continuing 

to pursue relief against Debtor’s insurance proceeds outside of the bankruptcy, while the 

bankruptcy case is pending, will maximize the possible relief accorded to both Debtor and Blash 

in this proceeding. Further, pursuing this relief will not interfere with Debtor’s attempt to 

reorganize under Chapter 11 of the Bankruptcy Code or prejudice the Debtor. See In re: OES 

Environmental, Inc., 319 B.R. 266 (Bankr. M.D.Fla. 2004); In re Scott Wetzel Servs., Inc., 243 

B.R. 802 (Bankr. M.D. Fla. 1999) ; and In re CHS Elecs., Inc., 261 B.R. 538 (Bankr. S.D. Fla. 

2001). 

7. Blash has secured the agreement of Debtor’s counsel for relief from the stay, and 

Debtor has consented to this motion. 

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WHEREFORE, Creditor Kelsie Blash requests that the Honorable Court grant relief from 

the automatic stay solely as to pursuit of all claims (and any related claims) specified in Claim No. 

5 against the proceeds of Debtor’s insurance policy with AIX Specialty Insurance Company and 

The Hanover Insurance Group, Inc., and for such other and further relief as this Honorable Court 

deems proper. 

DATED this 28th day of January, 2022. 

 Respectfully submitted, 

 /s/Philip Bartlett________________ 

 Philip Bartlett, Esq. 

 Florida Bar No. 0045318 

 Bartlett Legal, PLLC 

 201 South Biscayne Boulevard 

 28th Floor 

 Miami, FL 33131 

 (305) 998-7504 (telephone) 

 (888) 389-2037 (facsimile) 

 phil@bartlegal.com (e-mail) 

 Attorney for Creditor, 

 Kelsie Blash 

CERTIFICATE OF SERVICE 

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

Court’s CM/ECF electronic filing system or via United States first class mail upon the following 

interested parties this 28th day of January, 2022: 

Debtor A & S Entertainment, LLC dba “The Office”, 250 NE 183rd Street, Miami, FL 33179 

Attorney for Debtor A & S Entertainment, LLC dba “The Office”, John Moffa, Esq., Moffa & 

Bierman, 3081 E Commercial Boulevard, Suite 204, Fort Lauderdale, FL 33322 

Subchapter V Bankruptcy Trustee, Aleida Martinez-Molina, 2121 NW 2nd Avenue, Suite 201, 

Miami, FL 33127 

Attorney for the United States Trustee, Steven D. Schneiderman, Esq., 51 SW 1st Avenue, #1204, 

Miami, FL 33130 

AIX Specialty Insurance Company, 2 Waterside Crossing, Suite 400, Windsor, CT 06095 

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The Hanover Insurance Group, Inc. 440 Lincoln Street, Worcester, MA 01653 

/s/Philip Bartlett________________ 

 Philip Bartlett, Esq. 

 Florida Bar No. 0045318 

Case 21-14020-RAM Doc 177 Filed 01/28/22 Page 4 of 4