UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

In re:

HELLENIC PETROLEUM, LLC, Case No. 21-12317-EPK

Alleged Debtor. Chapter 7 (Involuntary)

/

ORDER AUTHORIZING UNITED STATES MARSHALS

SERVICE TO ASSIST IN SEIZURE OF ASSETS

THIS MATTER came before the Court for continued hearing on September 22, 2021, 

upon the Expedited Motion to Hold Alberto Transport, Inc. in Contempt for Violation of the 

Automatic Stay (the "Motion"), filed by alleged debtor Hellenic Petroleum, LLC ("Hellenic").

ECF No. 105. Through the Motion, Hellenic alleges that Alberto Transport, Inc. ("Alberto") 

willfully violated the automatic stay codified at 11 U.S.C. § 362(a) by, inter alia, seizing the 

following assets (together “the Assets”):

• A 2011 Freightliner truck, VIN A8580,

• A 2015 Mack truck, VIN 43912,

• A 2015 Mack truck, VIN 44926,

• A 2015 Mack truck, VIN 49407,

• A 2015 Mack truck, VIN 44924,

• A 2015 Mack truck, VIN 49406,

Erik P. Kimball, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on September 29, 2021.

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• Four 4" hoses,

• Two 3" hoses,

• Seven 3" to 4" adapters,

• Two 4" down spouts,

• Four 3" down spouts, and

• Four caps.

The Court conducted a preliminary hearing on the Motion on August 11, 2021. The 

Motion and notice of hearing were served on Alberto by First Class U.S. Mail, Federal 

Express, email, and via a process server. ECF Nos. 107, 112 and 113. Alberto did not appear 

at the hearing. At the conclusion of the hearing, and having considered the Motion and 

evidence presented, including the testimony of Panagiotis Kechagias, the Court: (a) concluded 

that Alberto Transport willfully violated the automatic stay, (b) directed Alberto Transport to 

return the Assets to Hellenic within seven (7) days, and (c) scheduled a further hearing for 

Alberto to show cause why it should not be held in contempt. ECF No. 115. The Court 

specifically directed Alberto to appear at the hearing. Id.

The Court held the show cause hearing on September 22, 2021. Alberto was served 

with the order scheduling the hearing by First Class U.S. Mail, Federal Express, email, and 

via a process server. ECF Nos. 116 and 119. Based on the representation of counsel for 

Hellenic, the Court finds that the principal of Alberto, an individual named Nick Alberto, 

contacted counsel for Hellenic between the hearings on August 11 and September 22, 2021, 

was advised of the show cause hearing, and refused to return the Assets. Alberto did not 

appear at the September 22, 2021 show cause hearing, or otherwise offer any argument or 

evidence why it should not be held incontempt.

The Court previously concluded that Alberto willfully violated the automatic stay. ECF 

No. 115. The Court possesses both the inherent authority, and statutory authority under 11 

U.S.C. § 105(a), to remedy stay violations by, inter alia, awarding civil and punitive sanctions

and holding parties in contempt. See generally In re WVF Acquisition, LLC, 420 B.R. 902 

(Bankr. S.D. Fla. 2009). The Court directed Alberto to return the Assets and also directed 

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Alberto to appear at the show cause hearing. Alberto has not complied with either directive.

For the foregoing reasons and the reasons stated on the record, it is ORDERED AND 

ADJUDGED as follows:

1. The United States Marshals Service is authorized, at Hellenic’s request, to aid 

Hellenic in recovering the Assets. The United States Marshals Service is authorized to use 

any and all reasonable force deemed necessary to enter the premises of Alberto Transport, 

Inc., or other locations where the Assets may be found, without regard to whether any 

occupant of any premises answers the door or otherwise responds to a request for entry. This

includes, without limitation, the premises located at 11544 Snow Road, Bakersfield, 

California 93314.

2. If any damage results to any person or property as a result of the actions of the 

United States Marshals Service pursuant to this order, the United States Marshals Service 

shall not be held liable.

3. Hellenic shall bear the costs incurred by the United States Marshals Service in 

carrying out this order.

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Copies to:

Bradley Shraiberg, Esq.

Bradley Shraiberg, Esq., is directed to serve a conformed copy of this Order to all interested 

parties immediately upon receipt and shall file a certificate of service with the Clerk.

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