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UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

www.flsb.uscourts.gov 

In re: Case No. 20-20259-RAM 

 (Jointly Administered) 

It’Sugar FL I LLC, et al., 

 Chapter 11 

 Debtors. 

_______________________________/

INTERIM ORDER GRANTING, AS MODIFIED AND IN PART, DEBTORS’ 

EMERGENCY MOTION FOR (A) AUTHORITY TO (I) MAINTAIN 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 AND SETTING FINAL HEARING

THIS MATTER came before the Court on September 25, 2020 at 1:30 p.m. upon 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 [ECF No. 

Robert A. Mark, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on September 29, 2020.

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11] (“Motion”).1 The Court having reviewed the Motion and having heard the statements of 

counsel in support of the relief requested in the Motion at the hearing before the Court 

(“Hearing”); and the Court finding that: (i) the Court has jurisdiction over this matter pursuant to 

28 U.S.C. §§ 157 and 1334; (ii) venue is proper before this Court pursuant to 28 U.S.C. § 1408; 

(iii) this matter is core pursuant to 28 U.S.C. § 157(b)(2); (iv) notice of the Motion and the 

Hearing was sufficient under the circumstances; and (v) the Court having determined that the 

legal and factual bases set forth in the Motion and at the Hearing establish just cause for the 

relief granted herein, it is accordingly: 

ORDERED as follows: 

1. The Motion is GRANTED, as modified and in part, on an interim basis nunc 

pro tunc to the Petition Date, September 22, 2020, as set forth herein.

2. The Court shall conduct a final hearing (“Final Hearing”) on the Motion by 

Zoom on October 23, 2020 at 9:30 a.m. The hearing will be conducted by video conference 

using the services of Zoom Video Communications, Inc. 

3. For instructions regarding the video conference, please refer to the General 

Procedures for Hearings By Video Conference on Judge Mark’s web page on the Court’s 

website, https://www.flsb.uscourts.gov/judges/judge-robert-mark. 

4. To register for the video conference, click on the following link or manually enter 

the following link in a browser: 

https://us02web.zoom.us/meeting/register/tZMtce2pqTkiGtaVtQGCtOlhoURuvTMG5ZDG

1 Capitalized terms not defined in this Order shall have the meaning ascribed to such term as set forth in 

the Motion.

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5. The Debtors require the use of certain of their existing prepetition Bank Accounts 

in order to continue operations in the ordinary course of its business.2

 The Debtors are permitted 

to continue to use their Bank Accounts maintained in their name, respectively. 

6. The Debtors shall cause the BOA 2612 bank account and Chase 8816 bank 

account, which are the main accounts over the Store Deposit Accounts and e-commerce accounts 

into which receipts are swept from the Store Deposit Accounts (“Prepetition Operating 

Accounts”) to become DIP Accounts in accordance with UST Guidelines. The Debtors will 

notify the Office of the United States Trustee once the Pre-Petition Operating Accounts are 

converted to DIP Accounts. The Debtors shall open a DIP Operating Account in accordance with 

UST Guidelines. 

7. The Debtors are authorized to (a) designate, maintain and continue to use the 

Bank Accounts and with the account numbers existing immediately prior to the Petition Date; 

provided, however, that the Debtors may close certain such Bank Accounts and open new debtorin-possession accounts (in accordance with UST Guidelines) as may be necessary, in the 

Debtors’ business judgment, to facilitate the Debtors’ chapter 11 case; (b) deposit funds in and 

withdraw funds from such Prepetition Operating Accounts by all usual means including, without 

limitation, checks wire transfers, automated clearinghouse transfers and other debits; and (c) treat 

the prepetition Bank Accounts for all purposes as debtor-in-possession accounts. The Merchant 

Accounts may remain open for “sweeps” to the DIP Accounts. No other transfers shall be 

permitted from the Merchant Accounts. 

8. The Debtors are directed to maintain records of all transfers within the Bank 

Accounts so that all transfers and transactions shall be adequately and promptly documented in, 

2 A complete listing of the Bank Accounts is attached to the Motion as Schedule 1.

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and readily ascertainable from, its books and records, to the same extent maintained by the 

Debtors prior to the Petition Date. 

9. All banks with which the Debtors maintain the Bank Accounts as of the Petition 

Date are authorized and directed to maintain, service, and administer such Bank Accounts. 

10. Subject to § 553 of the Bankruptcy Code, all banks at which any of the Debtors’ 

accounts are maintained are prohibited from offsetting, affecting, or otherwise impeding any 

funds of the Debtors deposited at such bank on account of, or by reason of, any claim (as defined 

in § 101(5) of the Bankruptcy Code) of any such bank against the Debtors that arose before the 

Petition Date, absent further order of this Court or as specifically set forth herein. 

11. The Debtors are authorized to continue to use their preprinted checks for the 

Prepetition Operating Accounts, correspondence and business forms, including, but not limited 

to, purchase orders, receipts, letterhead, envelopes, promotional materials and other business 

forms, substantially in the forms existing immediately prior to the Petition Date, without 

reference to the Debtors’ debtors-in-possession status; provided that the Debtors will add the 

“Debtor-in-Possession” designation to any new checks that they obtain or create post-petition. 

12. It’Sugar LLC is authorized to continue paying all expenses on behalf of the 

Debtors consistent with the prepetition business operations. 

13. The Debtors and their officers, employees, and agents are authorized to take or 

refrain from taking such actions as are necessary and appropriate to implement and effectuate the 

relief granted in this Order. 

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 

 

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14. The Court shall retain jurisdiction to hear and determine all matters arising from 

or relating to the interpretation or implementation of this Order. 

### 

Submitted By: 

Joshua W. Dobin, Esquire 

Florida Bar No. 93696 

jdobin@melandbudwick.com

MELAND BUDWICK, P.A. 

Counsel for Debtors 

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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