UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

www.flsb.uscourts.gov 

In re: Chapter 11 

CINEMEX USA REAL ESTATE Case No. 20-14695-LMI 

HOLDINGS, INC., CINEMEX 

HOLDINGS USA, INC., and CB (Jointly Administered) 

THEATER EXPERIENCE LLC,1

Debtors. 

/ 

LIMITED OBJECTION AND RESERVATION OF RIGHTS OF 

LIBERTY CENTER LLC WITH RESPECT TO DEBTORS’ EMERGENCY MOTION 

FOR ENTRY OF AN ORDER (I) EXTENDING THE TIME FOR PERFORMANCE OF 

OBLIGATIONS ARISING UNDER UNEXPIRED REAL PROPERTY LEASES; (II) 

ESTABLISHING CASE ADMINISTRATIVE TEMPORARY PROCEDURES; AND 

 (III) GRANTING RELATED RELIEF 

Liberty Center LLC (“Liberty”), by its undersigned counsel, submits this Limited 

Objection and Reservation of Rights with respect to the Debtors’ Emergency Motion for Entry of 

an Order (i) Extending the Time for Performance of Obligations Arising Under Unexpired Real 

Property Leases; (ii) Establishing Case Administration Temporary Procedures; and (iii) 

Granting Related Relief [ECF No. 92] (the “Motion”). In support of the Limited Objection, 

Liberty states as follows: 

PRELIMINARY STATEMENT 

Liberty appreciates the difficulties that the COVID-19 pandemic is presenting for the 

Debtors, but the pandemic is causing severe financial difficulties for commercial landlords as 

1 The Debtors in these cases and the last four digits of each Debtor’s federal tax identification number are as

follows: (1) Cinemex USA Real Estate Holdings, Inc. (2194); (2) Cinemex Holdings USA, Inc. (5502); and (3) CB 

Theater Experience LLC (0563). The address for the Debtors is 175 South West 7th Street, Suite 1108, Miami, 

Florida 33130 

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well. While Liberty disagrees with the arguments made in the Motion, it is willing to consent to 

the entry of the Amended Order (as defined below) while reserving all its rights, including, but 

not limited to, its right to request adequate protection, and its right to object to the relief 

requested by Debtors at paragraphs 27 to 32 of the Motion. 

BACKGROUND 

1. On April 25, 2020 and April 26, 2020 (the “Petition Dates”) the Debtors filed 

their voluntary petitions under Chapter 11 of the Bankruptcy Code. 

2. On May 12, 2020, the Debtors filed the Motion seeking, in part, to suspend their 

obligations to landlords that accrue under unexpired leases of non-residential real property, for a 

period of 60 days from the Petition Dates, through and including June 24, 2020. 

3. On May 16, 2020, the Debtors filed an Amended Proposed Order Granting 

Debtors’ Motion [ECF No. 112] (the “Amended Order”). 

4. Cobb Theaters IV, LLC, a subsidiary of the Debtor Cinemex Holdings USA Inc., 

and Liberty are parties to a lease dated July 26, 2013 (together with all amendments and 

agreements regarding that certain lease, the “Lease”) for the premises referred to as Space A-200 

located at Liberty Center in Liberty Township, Ohio (the “Leased Premises”). The leased 

premises are located in a shopping center as that term is used in Section 365(b)(3) of the 

Bankruptcy Code, 11 U.S.C. § 365(b)(3). As of the date of this Objection, the Debtors have not 

sought to assume or reject the Lease or execute any lease amendment. 

5. As of the Petition Date, the Debtors owe Liberty $296,208.27 pursuant to the 

Lease. 

6. In addition, as of May 12, 2020, the Debtors owe Liberty $233,374.80 on account 

of rent and other charges accrued since the Petition Dates pursuant to the Lease. 

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RESERVATION OF RIGHTS 

7. Liberty hereby consents to the entry of the Amended Order while reserving all of 

its rights under the Lease, the Bankruptcy Code, 11 U.S.C. §§ 101, et seq., and applicable nonbankruptcy law, including, but not limited to, its right to supplement this Limited Objection and 

to make such other and further objections as it may deem necessary or appropriate, including, but 

not limited to, any further proposed order on the Motion. Liberty further reserves all its rights to 

request adequate protection under the Lease for the period from and after the Petition Dates, and 

through such time as the Court may ultimately extend the time for the Debtors’ performance 

under the Lease. 

Respectfully submitted, 

TROUTMAN SANDERS 

By: /s/ Gillian D. Williston

Gillian D. Williston, Esq. (FL Bar No. 

14270) 

222 Central Park Avenue, Suite 2000 

Virginia Beach, VA 23462 

Tel: (757) 687-7517 

Fax: (757) 687-7510 

E-mail: gillian.williston@troutman.com 

-andI hereby certify that the undersigned 

attorney is appearing pro hac vice in this 

matter pursuant to court order dated May 

18, 2020 

By: /s/ Richard E. Hagerty

Richard E. Hagerty (VA Bar No. 47673) 

(admitted pro hac vice) 

401 9th Street N.W., Suite 1000 

Washington, D.C. 20004 

Tel: (202) 274-2910 

Fax: (703) 448-6520 

E-mail: richard.hagerty@troutman.com 

Counsel for Liberty Center LLC

DATED: May 18, 2020 

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CERTIFICATE OF SERVICE 

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

filed electronically and served via CM/ECF on all parties entitled to electronic notice. 

DATED: May 18, 2020 

By: /s/ Gillian D. Williston

Gillian D. Williston, Esq. (FL Bar No. 

14270) 

222 Central Park Avenue, Suite 2000 

Virginia Beach, VA 23462 

Tel: (757) 687-7517 

Fax: (757) 687-7510 

E-mail: gillian.williston@troutman.com 

-andBy: /s/ Richard E. Hagerty

Richard E. Hagerty (VA Bar No. 47673) 

(admitted pro hac vice) 

401 9th Street N.W., Suite 1000 

Washington, D.C. 20004 

Tel: (202) 274-2910 

Fax: (703) 448-6520 

E-mail: richard.hagerty@troutman.com 

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