UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

www.flsb.uscourts.gov

In re: 

 Chapter 11 

 

IT’SUGAR FL I LLC, Case No. 20-20259-RAM 

Debtor. 

_______________________________/

IT’SUGAR LLC, Case No. 20-20261-MAM 

Debtor. 

_______________________________/

IT’SUGAR ATLANTIC CITY LLC, Case No. 20-20263-MAM 

Debtor. 

_______________________________/

IT’SUGAR FLGC LLC, Case No. 20-20264-MAM 

Debtor. 

_______________________________/

DEBTORS’ EX PARTE MOTION FOR JOINT ADMINISTRATION 

It’Sugar FL I LLC, It’Sugar LLC, It’Sugar Atlantic City LLC, and It’Sugar FLGC LLC 

(collectively, “It’Sugar” or the “Debtors”), by and through undersigned counsel, and pursuant to 

Fed.R.Bankr.P. 1015(b) and Local Rules 1015-1(A)(2), 9013-1(C)(14) and 5005-1(G)(1)(a), file 

this ex parte motion (the “Motion”) seeking joint administration of their Chapter 11 cases. In 

support of the Motion, the Debtors respectfully represent as follows: 

JURISDICTION 

1. This Court has jurisdiction over this Motion pursuant to 28 U.S.C. §§ 157 and 1334. 

This is a core proceeding pursuant to 28 U.S.C. § 157. Venue is proper in this District pursuant to 

28 U.S.C. §§ 1408 and 1409. 

2. The Debtors are affiliates of each other as contemplated by 11 U.S.C. § 101(2)(A). 

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II. BACKGROUND

3. On September 22, 2020 (the “Petition Date”), the Debtors filed voluntary petitions 

for relief under Chapter 11 of the Bankruptcy Code. 

4. The Debtors manage and operate their business as debtors in possession pursuant 

to §§ 1107 and 1108 of the Bankruptcy Code. 

5. The Debtors operate as a single business and are known throughout the industry as 

It'Sugar. It'Sugar is a specialty candy retailer whose products include bulk candy, candy in giant 

packaging, and licensed and novelty items. It’Sugar’s portfolio includes approximately 100 retail 

locations across 28 states. 

6. The Debtors operate as a single business and may also be known throughout the 

industry as one or more of the following: 

a) It’Sugar FL I LLC; 

b) It’Sugar LLC; 

c) It’Sugar Atlantic City LLC; and 

d) It’Sugar FLGC LLC. 

7. The Debtors deposit all receipts from the business operations into separate store 

deposit accounts. It’Sugar LLC sweeps all store deposit accounts and uses those funds to pay all 

the Debtors’ obligations.1

 

8. It’Sugar LLC pays all payables of the Debtors and no party has been prejudiced by 

this arrangement. 

III. Relief Requested 

9. The Debtors respectfully request that this Court enter an order directing the joint 

administration of the Debtors’ Chapter 11 bankruptcy cases for procedural purposes only pursuant 

1

 The cash management system will be set forth in more detail in the Debtors’ Emergency Motion for (A) Authority 

to (I) Maintain Existing Bank Accounts and Continue to Use Existing Business Forms and Checks, and (II) Continue 

to Use Existing Cash Management System, and (B) Waiver of Certain Investment and Deposit Guidelines. 

Case 20-20259-RAM Doc 3 Filed 09/22/20 Page 2 of 7
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to Federal Rule of Bankruptcy Procedure 1015(b) and Local Rule 1015-1. Specifically, the Debtors 

request that these cases be jointly administered under the lead case: IT’SUGAR FL I LLC, Case 

No. 20-20259-RAM. 

IV. Basis for Relief Requested 

10. Bankruptcy Rule 1015(b) provides in relevant part as follows: “If a joint petition or 

two or more petitions are pending in the same court by or against . . . a debtor and an affiliate, the 

court may order a joint administration of the estates.” Rule 1015 promotes the fair and efficient 

administration of multiple cases of affiliated debtors, like here, while protecting the rights of 

individual creditors.2

 

11. As described above, the Debtors are “affiliates” as that term is defined in section 

101(2) of the Bankruptcy Code. Joint administration is proper in these cases. First, the issues that 

will be addressed in the Debtors’ bankruptcy cases will be related and overlapping. To that end, 

joint administration will result in simplified supervision of the administrative aspects of these 

Chapter 11 cases by the Office of the United States Trustee. Further, the interests of the Debtors, 

their estates, and all parties-in-interest would best be served by joint administration of these cases. 

The Debtors believe that joint administration of these cases will obviate the need for duplicative 

notices, motions, applications, and hearings, and as such, will save the Debtors considerable time 

and expense. Accordingly, there is a sufficient basis to authorize the relief requested. 

12. Pursuant to Local Rule 1015-1(A)(2), the Debtors state that joint administration of 

their cases will not give rise to any conflict of interest among the estates of the Debtors. The rights 

of the respective creditors of the Debtors will not be adversely affected by the joint administration. 

2

See In re GlycoGenesys, 352 B.R. 568 (Bankr. D.Mass. 2006). 

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13. Pursuant to Local Rules 1015-1(A)(3) and 5005-1(G)(1)(a), a proposed order 

jointly administering the cases and confirming to Local Rule 1015-1(A)(3) is attached as Exhibit 

A. 

WHEREFORE, the Debtors respectfully request entry of an Order in the form attached as 

Exhibit A granting the relief requested herein and granting such other and further relief this Court 

deems fair and equitable. 

Dated: September 22, 2020. 

 s/ Michael S. Budwick 

Michael S. Budwick, Esquire 

Florida Bar No. 938777 

mbudwick@melandbudwick.com

Joshua W. Dobin, Esquire 

Florida Bar No. 93696 

jdobin@melandbudwick.com

James C. Moo, Esquire 

Florida Bar No. 938211 

jmoon@melandbudwick.com

MELAND BUDWICK, P.A. 

3200 Southeast Financial Center 

200 South Biscayne Boulevard 

Miami, Florida 33131 

Telephone: (305) 358-6363 

Telecopy: (305) 358-1221 

Proposed Attorneys for Debtors 

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UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

www.flsb.uscourts.gov 

In re: 

 Chapter 11 

IT’SUGAR FL I LLC, Case No. 20-20259-RAM 

IT’SUGAR LLC, Case No. 20-20261-MAM 

IT’SUGAR ATLANTIC CITY LLC, Case No. 20-20263-MAM 

IT’SUGAR FLGC LLC, Case No. 20-20264-MAM 

 (Jointly Administered) 

Debtors. 

_______________________________/

ORDER JOINTLY ADMINISTERING CHAPTER 11 CASES

This matter came before the court 

 ex parte or ; 

at a hearing on 

on a motion filed pursuant to Bankruptcy Rule 1015 and Local Rule 1015-1(A)(2). 

The cases identified in the caption of this order are pending in this court by or 

against (1) a husband and wife, or (2) a partnership and one or more of its general 

partners, or (3) two or more general members of a partnership, or (4) a debtor and an 

EXHIBIT A

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affiliate. It appears that these cases should be jointly administered as authorized 

under Bankruptcy Rule 1015 and Local Rule 1015-1. 

Accordingly it is 

ORDERED that: 

1. These cases shall be jointly administered. Case No. 20-20259-RAM is 

designated the “lead case”. Case numbers 20-20261-MAM, 20-20263-MAM and 20-

20264-MAM are transferred to the undersigned judge. 

2. A single case docket and court file will be maintained hereafter under the 

"lead case" number. 

3. Pleadings filed in other than the lead case shall be captioned under the 

lead case name(s) and case number followed by the words “(Jointly Administered)” and 

beneath that caption, the case names and numbers for the cases in which the document 

is being filed. Claims filed shall indicate only the case name and number of the case in 

which the claim is asserted. Separate claims registers shall be maintained for each 

case. Ballots shall be styled and filed only in the case name and number of the member 

case for which the plan being voted on was filed. 

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 

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4. The debtor-in-possession, or if applicable, trustee, will not commingle assets 

or liabilities unless and until it is determined, after notice and hearing, that these 

cases involve the same debtor or that another ground exists to order substantive 

consolidation of these cases. 

### 

Submitted by:

Joshua W. Dobin, Esquire 

Florida Bar No. 93696 

jdobin@melandbudwick.com

MELAND BUDWICK, P.A. 

Proposed Attorneys for the Debtors-in-Possession 

3200 Southeast Financial Center 

200 South Biscayne Boulevard 

Miami, Florida 33131 

Telephone: (305) 358-6363 

Telefax: (305) 358-1221 

Copies Furnished To: 

Joshua W. Dobin, Esquire, is directed to serve copies of this Order on all parties in 

interest and to file a Certificate of Service. 

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