SEQUOR LAW, P.A.

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

www.flsb.uscourts.gov

In re: 

Performance Insurance Company SPC Chapter 15

Debtor in a Foreign Proceeding. Case No.: 21-12609-AJC

_________________________________/

NOTICE OF WITHDRAWAL THE FOREIGN REPRESENTATIVES’ MOTION 

TO COMPEL TURNOVER OF FUNDS HELD AT TRUIST BANK AND 

REQUEST FOR CANCELLATION OF HEARING

Kenneth Krys and Neil Dempsey (the “Foreign Representatives”), the Official Joint 

Liquidators of Performance Insurance Company SPC and its segregated portfolios1(collectively, 

the “Debtor”), file this notice of withdrawal of their Motion to Compel Turnover of Funds Held at 

Truist Bank (the “Motion”) [D.E. 40], filed on March 8, 2022.

1. The Motion sought entry of an order compelling Truist Bank to turnover to the 

Foreign Representatives the funds held in the accounts of Performance 5 SP (“Performance 5”), 

one of the Debtor’s segregated portfolios. 

2. The Foreign Representatives are withdrawing their Motion based on Truist Bank’s 

compliance with the relief sought in the Motion. After Truist Bank was served with the Motion, 

Truist Bank turned over to the Foreign Representatives the funds held in the Performance 5 

accounts. Accordingly, the relief requested in the Motion is now moot.

 

1 The Debtor’s segregated portfolios are: (i) Bottini Insurance SP; (ii) Gen 1 Insurance Company SP; 

(iii) Goldenstar Holdings Company SP; (iv) Greystone Insurance SP; (v) Hudson York Insurance Company 

SP; (vi) Omega Insurance Company SP; (vii) Performance 5 SP; (viii) Prewett Insurance Company SP; (ix) 

Smart Insure SP; (x) SSS Insurance SP; (xi) Sustainable Insurance Company SP; and (xii) Triangle RGK 

SP. These twelve segregated portfolios are hereinafter referred to as the “Segregated Portfolios.”

Case 21-12609-AJC Doc 43 Filed 03/21/22 Page 1 of 3
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SEQUOR LAW, P.A.

3. Further, the Foreign Representatives request that the Court cancel the hearing on 

the Motion, scheduled for March 24, 2022, at 2:00 p.m. 

Dated: March 21, 2022 Respectfully submitted,

SEQUOR LAW, P.A.

1111 Brickell Avenue, Suite 1250 

Miami, Florida 33131

Telephone: (305) 372-8282 

Facsimile: (305) 372-8202

Email: ggrossman@sequorlaw.com

jmendoza@sequorlaw.com 

By: /s/ Juan J. Mendoza

Gregory S. Grossman

Florida Bar No. 896667

Juan J. Mendoza

Florida Bar No.: 113587

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was filed via electronic 

filing using the CM/ECF system with the Clerk of the Court which sent e-mail notification of such 

filing to all CM/ECF participants in this case and via regular US mail to all participants who are 

not on the list to receive e-mail notice/service for this case as indicated on the service list on March 

21, 2022.

By: /s/ Juan J. Mendoza

Juan J. Mendoza

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SEQUOR LAW, P.A.

SERVICE LIST

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.

Gregory S Grossman ggrossman@sequorlaw.com, ngonzalez@sequorlaw.com

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

Manual Notice List

o Truist Bank, Attn: Jennifer Thomas, Commercial Litigation Specialist, 214 N Tryon Street, 

34th Floor, Charlotte, NC 28202.

o Truist Bank, Attn: Jennifer Thomas, at Jenn.Thomas@truist.com. 

o Truist Bank, Attn: Bankruptcy Department, at defaultbankruptcymanagement@truist.com.

o Truist Bank, Attn: Margaret Rowlett, Branch Manager, 401 W Main St. Suite 100, Louisville, 

KY 40202-2935. 

o Truist Bank, 4210 Charlestown Rd., New Albany, IN 47150-9567. 

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