UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

www.flsb.uscourts.gov 

In re: Chapter 11 Cases 

LIBERTY POWER HOLDINGS, LLC, Case No. 21-13797-SMG 

LPT, LLC, Case No. 21-15537-SMG 

LIBERTY POWER MARYLAND, LLC, Case No. 21-15539-SMG 

LIBERTY POWER DISTRICT OF 

COLUMBIA, LLC, Case No. 21-15540-SMG 

Debtors. (Jointly administered 21-13797-SMG) 

__________________________________/ 

ORDER (A) GRANTING DEBTORS’ EXPEDITED THIRD OMNIBUS MOTION FOR 

ENTRY OF AN ORDER (I) AUTHORIZING THE REJECTION OF CERTAIN PREPETITION EXECUTORY CUSTOMER CONTRACTS, (II) AUTHORIZING THE 

TERMINATION OF CERTAIN POST-PETITION CUSTOMER CONTRACTS, 

(III) WAIVING THE REQUIREMENTS OF RULE 6006(f)(6) OF THE FEDERAL 

RULES OF BANKRUPTCY PROCEDURE, AND (IV) SETTING BAR DATE 

FOR THE FILING OF CLAIMS RELATED THERETO 

THIS CASE came before the Court on January 11, 2022 at 1:30 p.m. (the “Hearing”) 

Scott M. Grossman, Judge

_____________________________________________________________________________ United States Bankruptcy Court

ORDERED in the Southern District of Florida on January 11, 2022.

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upon the Debtors’ Expedited Third Omnibus Motion for Entry of an Order (I) Authorizing the 

Rejection of Certain Pre-Petition Executory Customer Contracts, (II) Authorizing The 

Termination of Certain Post-Petition Customer Contracts, (III) Waiving the Requirements of Rule 

6006(f)(6) of the Federal Rules of Bankruptcy Procedure, and (IV) Setting Bar Date for The Filing 

of Claims Related Thereto [ECF No.515] (the “Motion”)1 filed by the above-captioned debtors-inpossession (collectively, the “Debtors”) pursuant to sections 105(a), 363 and 365 of title 11 of the 

United States Code (the “Bankruptcy Code”), Rule 6006 of the Federal Rules of Bankruptcy 

Procedure (the “Bankruptcy Rules”) and Rules 6006-1 and 9013-1(a) of the Local Rules for the 

Southern District of Florida (the “Local Rules”) seeking entry of an order: (i) authorizing the 

Debtors to reject those certain pre-petition Selected Customer Accounts in the East as described 

on Exhibit “A” attached to the Motion; (ii) authorizing the Debtors to terminate those certain postpetition Selected Customer Accounts in the East as described on Exhibit “B” attached to the 

Motion; (iii) waiving the requirements of Bankruptcy Rule 6006(f)(6); and (iv) setting a bar date 

for (x) the filing of claims under 11 U.S.C.§§ 365(g) and/or 502(g) based upon the rejection of the 

pre-petition Selected Customer Accounts, and (y) the filing of a motion or application with the 

Court seeking the allowance of any damage claim, including if applicable an administrative 

expense claim under sections 503(b) and 507(a)(2) of the Bankruptcy Code related to the 

termination of the post-petition Selected Customer Accounts. 

The Court, having reviewed and considered the Motion, having considered the arguments 

of counsel and other parties in interest at the Hearing, finding that, based on the certificate of 

service [ECF No.524] filed by the Debtors on the Motion and the notice of the Hearing [ECF No. 

516], proper and adequate notice of the Motion and the Hearing thereon has been given to all 

                                                            

1

 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Motion. 

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parties entitled thereto and that no other or further notice is necessary, and this Court having 

determined that the relief requested in the Motion is a proper exercise of the Debtors’ business 

judgment and is otherwise in the best interests of the Debtors, their estates, and their creditors, and 

other parties in interest, and upon the record of the Hearing and all the proceedings before this 

Court, and after due deliberation thereon; and good and sufficient cause appearing, the Court also 

finds that good and sufficient cause exists to grant the relief requested in the Motion. Accordingly, 

it is: 

ORDERED that: 

1. The Motion is GRANTED as set forth herein. 

2. The Debtors’ proposed rejection of those certain pre-petition Selected Customer 

Accounts in the East as described on Exhibit “A” attached to the Motion is hereby approved. 

3. The Debtors’ proposed termination of those certain post-petition Selected 

Customer Accounts in the East as described on Exhibit “B” attached to the Motion is hereby 

approved. 

4. The Debtors are authorized to take any and all action and execute and deliver any 

and all documents that the Debtors determine are appropriate or required to effectuate the rejection 

or termination, as applicable, of the Selected Customer Accounts as provided in the Motion, 

including in connection with the transfer and/or transition of such Selected Customer Accounts to 

the applicable alternate provider or utility. 

5. ANY PROOF(S) OF CLAIM ARISING FROM THE REJECTION OF THE 

DEBTORS’ PRE-PETITION CUSTOMER ACCOUNTS MUST BE FILED WITH THE 

DEBTORS’ CLAIMS AGENT2 ON OR BEFORE THE LATEST OF: (I) THE TIME FOR 

                                                            

2

 The Debtors’ Claims Agent is Stretto and any proofs of claims to be filed pursuant hereto shall be mailed 

to “Liberty Power Claims Processing, c/o Stretto, 410 Exchange, Suite 100, Irvine, CA 92602.” 

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FILING A PROOF OF CLAIM PURSUANT TO BANKRUPTCY RULE 3002(C); OR (II) 

60 DAYS AFTER THE DATE OF THIS ORDER APPROVING THE REJECTION OF

THE PRE-PETITION CUSTOMER ACCOUNTS (the “Rejection Claim Deadline”). 

6. Any holders of rejection damage claims arising from the rejection of a Pre-Petition 

Customer Account for which Proofs of Claim are not timely filed by the Rejection Claim Deadline 

as set forth above shall not (a) be treated as a creditor with respect to such Claim, or (b) participate 

in any distribution in these chapter 11 cases on account of such Claim. Any rejection damage 

claims arising from the rejection of a Pre-Petition Customer Account for which Proofs of Claim 

are not timely filed by the Rejection Claim Deadline as set forth above will be automatically 

disallowed, forever barred from assertion, and shall not be enforceable against the Debtors, the 

Estates or their property without the need for any objection, or further notice to, or action, order, 

or approval of the Court. All rejection damage claims arising from the rejection of the Pre-Petition 

Customer Accounts as set forth herein shall be deemed general unsecured claims against the 

appropriate Debtor, except as otherwise provided by order of the Court. 

7. Notwithstanding anything herein to the contrary, the procedures set forth above for 

filing rejection damage claims shall not apply with respect to claims arising out of the termination 

of Post-Petition Customer Accounts hereunder. Rather, if and to the extent any Customer 

counterparty to a Post-Petition Customer Account asserts a damage claim related to the termination 

of such Post-Petition Customer Account hereunder, then such Customer may file a motion or 

application with the Court seeking the allowance of any such damage claim, including if applicable 

an administrative expense claim under sections 503(b) and 507(a)(2) of the Bankruptcy Code. 

8. ANY MOTION OR APPLICATION SEEKING A DAMAGE CLAIM FOR 

THE TERMINATION OF A POST-PETITION CUSTOMER ACCOUNT MUST BE 

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FILED WITH THE COURT ON OR BEFORE SIXTY (60) DAYS AFTER THE DATE OF 

THIS ORDER (the “Termination Claim Deadline”). 

9. Any motion or application for a damage claim arising from the termination of a 

Post-Petition Customer Account that is not timely filed by the Termination Claim Deadline will 

be automatically disallowed, forever barred from assertion, and shall not be enforceable against 

the Debtors, their bankruptcy estates or their property without the need for any objection, or further 

notice to, or action, order, or approval of the Court. 

10. The requirements of Bankruptcy Rule 6006(f)(6) in connection with the rejection 

of the applicable Selected Customer Accounts are waived. 

11. This Court shall retain exclusive jurisdiction to hear and determine all matters 

arising from or related to the implementation, interpretation and enforcement of this Order. 

# # # 

Submitted by: 

Paul J. Battista, Esq. 

Genovese Joblove & Battista, P.A. 

Counsel to Debtors-in-Possession 

100 SE 2nd Street, 44th Floor 

Miami, Florida 33131 

Telephone: 305-349-2300 

pbattista@gjb-law.com

Copy to: Paul J. Battista, Esq. 

(Attorney Battista is directed to serve a conformed copy of this Order on all parties in interest) 

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