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. 

_______________________________/

DEBTORS’ MOTION PURSUANT TO SECTION 503(b)(9) 

 OF THE BANKRUPTCY CODE TO ESTABLISH PROCEDURES 

FOR SUBMITTING AND RESOLVING CLAIMS RELATED TO GOODS 

RECEIVED WITHIN TWENTY DAYS PRIOR TO THE PETITION DATE 

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, file this motion 

(the “Motion”) seeking the entry of an order in substantially the form attached hereto as Exhibit 

“A” (i) establishing a bar date (the “Section 503(b)(9) Bar Date”) for administrative expense 

claims (the “Section 503(b)(9) Claims” asserted under section 503(b)(9) of title 11 of the 

Bankruptcy Code, (ii) approving the form, manner, and sufficiency of the Section 503(b)(9) Bar 

Date, and (iii) granting related relief as set forth in the proposed order, and respectfully represent 

as follows: 

Jurisdiction and Venue 

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

This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2). 

2. Venue is proper before this Court pursuant to 28 U.S.C. §§ 1408 and 1409. 

3. The statutory bases for the relief requested herein are sections 105(a), 503(b), and 

507(a) of title 11 of the United States Code, 11 U.S.C. §§ 101 et seq. (the “Bankruptcy Code”), 

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and Rules 2002(a)(7), 3003, and 9007 of the Federal Rules of Bankruptcy Procedure (the 

“Bankruptcy Rules”). 

Background 

4. On September 22, 2020, the Debtors filed voluntary petitions under Chapter 11 of 

the United States Bankruptcy Code (“Petition Date”) commencing the instant bankruptcy cases, 

which are being jointly administered pursuant to the Court’s Order Jointly Administering Cases

[ECF No. 10] as of September 23, 2020. 

5. The Debtors are operating their businesses and managing their affairs as debtors in 

possession pursuant to section 1107(a) and 1108 of the Bankruptcy Code. 

6. 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. 

Relief Requested 

7. By this Motion, the Debtors seek entry of an order establishing the Section 

503(b)(9) Bar Date as the date that is forty-five (45) days after the service of the Section 503(b)(9) 

Bar Date Notice (as defined below), approving the form, manner, and sufficiency of notice of the 

Section 503(b)(9) Bar Date, and granting related relief as set forth in the proposed order. 

Basis for Relief

8. Section 503(b)(9) of the Bankruptcy Code provides that sellers of goods to a debtor 

may request allowance of an administrative expense claim for the value of goods received by a 

debtor in the ordinary course of business within twenty (20) days of the commencement of a case. 

Case 20-20259-RAM Doc 55 Filed 09/28/20 Page 2 of 18
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See 11 U.S.C. § 503(b)(9). 

9. The Bankruptcy Code does not set any date by which Section 503(b)(9) Claims 

must be asserted. However, section 503(a) of the Bankruptcy Code provides that “an entity may 

timely file a request for payment of an administrative request.” See 11 U.S.C. § 503(a) (emphasis 

added); In re Am. Metallurgical Prods. Co. v. Kirkpatrick & Lockhart, 228 B.R. 146, 154 (Bankr. 

W.D. Pa. 1998) (noting that an administrative expense claim may be tardily filed only for cause). 

Pursuant to section 105 of the Bankruptcy Code, this Court may issue any order “necessary or 

appropriate” to carry out, among other things, the mandate of section 503(a) of the Bankruptcy 

Code. See 11 U.S.C. § 105(a). Additionally, sections 105 and 503 of the Bankruptcy Code and 

Bankruptcy Rule 9007 together permit the Court to approve the proposed filing procedures set 

forth herein and to approve the form, manner and sufficiency of notice of the Section 503(b)(9) 

Claim Deadline. In addition, as Congress recognized, Section 503(b)(9) Claims potentially overlap 

with reclamation claims. See, e.g., 11 U.S.C. § 546(c)(2). 

10. The Debtors may have received goods, products, supplies, and related items 

(collectively, the “Goods”) prior to the Petition Date from their suppliers and vendors (collectively, 

the “Vendors”). Thus, the Debtors believe that the Vendors that may have delivered Goods to the 

Debtors during the 20 days prior to the Petition Date (the “Section 503(b)(9) Claimants”) will 

likely seek allowance of Section 503(b)(9) Claims. 

11. The Debtors seek approval of the Section 503(b)(9) Bar Date and related 

procedures that would, among other things, permit an expeditious determination of the Section 

503(b)(9) Claims. Moreover, an understanding and estimate of the potential amount of valid 

Section 503(b)(9) Claims may affect the Debtors’ formulation of an appropriate plan strategy 

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and/or other actions to be taken in these cases. 

12. In addition, the Debtors respectfully request that the Court approve the notice 

procedures set forth herein designed to apprise holders of potential Section 503(b)(9) Claims that 

if they fail to file a request for payment of such claims on or before the Section 503(b)(9) Bar Date, 

such holders will be forever barred and estopped from asserting their Section 503(b)(9) Claims 

against the Debtors and/or their estates. 

A. Proposed Procedures Regarding Section 503(b)(9) Claims 

13. To properly address all Section 503(b)(9) Claims, and avoid a race to be paid, the 

Debtors request that the Court establish a date that is forty-five (45) days after the service of the 

Section 503(b)(9) Bar Date Notice (as defined below) as the Section 503(b)(9) Bar Date. The 

Debtors believe that such time period is adequate and appropriate under the circumstances because: 

(i) Bankruptcy Rule 2002 only requires twenty one (21) days’ notice of a claims bar date; and (ii) 

holders of reclamation claims are provided, by statute, only twenty (20) days to file reclamation 

claims and, as noted above, Section 503(b)(9) Claims might overlap with reclamation claims (but 

also involve a shorter prepetition “look back” period). 

14. To provide adequate notice, the Debtors propose to serve notice substantially in the 

form of Exhibit “B” (the “Section 503(b)(9) Bar Date Notice”), attached hereto and incorporated 

by reference herein, on (i) all of the Debtors’ Vendors which the Debtors believe, based on their 

books and records, may have provided Goods to the Debtors within 20 days prior to the Petition 

Date (collectively, the “Vendor Notice Parties”), and (ii) any party filing a request for notice 

pursuant to Bankruptcy Rule 2002, by United States first-class mail, postage prepaid. The Debtors 

will serve the Section 503(b)(9) Bar Date Notice as soon as practicable after entry of an order 

Case 20-20259-RAM Doc 55 Filed 09/28/20 Page 4 of 18
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approving this Motion, but in no event later than five (5) business days following entry of the 

order. The Debtors believe that service of the Section 503(b)(9) Bar Date Notice on the Vendor 

Notice Parties, instead of all of the Debtors’ prepetition Vendors, is sufficient to cover the universe 

of Section 503(b)(9) Claimants, and is reasonable and appropriate under all of the circumstances. 

The Debtors reasonably believe, based on the Debtors' books and records, that service on all other 

Vendors (other than the Vendor Notice Parties) would be significantly overinclusive, unnecessary, 

and wasteful (in a case with limited estate resources). 

B. Filing of Section 503(b)(9) Claims 

15. All Section 503(b)(9) Claimants seeking payment of Section 503(b)(9) Claims from 

the Debtors will be required to submit a request (a “Section 503(b)(9) Claim Request”)1

. For any 

Section 503(b)(9) Claim Request to be timely and properly filed, a signed original of the Section 

503(b)(9) Claim Request must be delivered to the Clerk of the Bankruptcy Court (the “Clerk”), at 

the address set forth in the Section 503(b)(9) Bar Notice, so as to be actually received by the Clerk 

no later than 4:00 p.m. (prevailing Eastern Time) on the Section 503(b)(9) Bar Date. 

16. The Debtors request that all Section 503(b)(9) Claimants be required to set forth in 

their Section 503(b)(9) Claim Request with specificity: (i) the amount of the Section 503(b)(9) 

Claim; (ii) the particular Debtor against which the Section 503(b)(9) Claim is asserted; and (iii) 

the value of the Goods that the Section 503(b)(9) Claimant contends the Debtor received within 

twenty (20) days before the Petition Date. The Debtors further request that the Court require the 

Section 503(b)(9) Claim Request to include or attach documentation identifying: (i) the particular 

invoices for which any such Section 503(b)(9) Claim is being asserted; and (ii) a copy of any prior 

demand to reclaim Goods sold to the Debtors under section 546(c) of the Bankruptcy Code. 

1 A copy of the Section 503(b)(9) Claim Request form is attached hereto as Exhibit “C”.

Case 20-20259-RAM Doc 55 Filed 09/28/20 Page 5 of 18
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17. With respect to service and filing of the Section 503(b)(9) Claim Requests, the 

Debtors propose that holders of Section 503(b)(9) Claims be permitted to submit their Section 

503(b)(9) Claim Requests in person or by courier service, hand delivery, or mail. Facsimile 

submissions will not be accepted, and a Section 503(b)(9) Claim Request will be deemed filed 

only when actually delivered to and received by the Clerk. If a Section 503(b)(9) Claimant wishes 

to receive acknowledgment of the Clerk’s receipt of a Section 503(b)(9) Claim Request, the holder 

must submit, along with the original, an extra copy of the Section 503(b)(9) Claim Request and a 

self-addressed, stamped envelope. 

18. The Debtors further request that any Section 503(b)(9) Claim Request that is not 

timely filed and served so as to be actually received on or before the Section 503(b)(9) Bar Date 

in the manner set forth herein, be disallowed, and that the holder of such Section 503(b)(9) Claim 

be forever barred, estopped, and permanently enjoined from asserting such Section 503(b)(9) 

Claim against the Debtors or their estates, and that such holder not be entitled to receive any 

distribution in these chapter 11 cases on account of such Section 503(b)(9) Claim or receive further 

notices regarding such Section 503(b)(9) Claim (but Section 503(b)(9) Claimants shall not be 

prevented from filing non-priority general unsecured claims for such amounts prior to the 

applicable bar date). 

19. The Debtors also request that Section 503(b)(9) Claimants be precluded from filing 

a motion to compel the allowance of payment of administrative expenses for their Section 

503(b)(9) Claims. The Debtors propose that all timely filed Section 503(b)(9) Claims shall be 

deemed allowed unless and until objected to by the Debtors or any other party-in-interest. Should 

Case 20-20259-RAM Doc 55 Filed 09/28/20 Page 6 of 18
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such an objection be filed, the Section 503(b)(9) Claim shall be adjudicated by the Court following 

notice and a hearing. 

C. Applicable Authority

20. Section 503(a) of the Bankruptcy Code provides that an “entity may timely file a 

request for payment of an administrative request.” See 11 U.S.C. § 503(a) (emphasis added); In re 

American Metallurgical Prods. Co. v. Kirkpatrick &Lockhart, 228 B.R. 146, 154 (Bankr. W.D. 

Pa. 1998) (noting than an administrative expense claim may be tardily filed only for cause). 

Pursuant to section 105 of the Bankruptcy Code, this Court may issue any order “necessary or 

appropriate” to carry out, among other things, the mandate of section 503(a) of the Bankruptcy 

Code. See 11 U.S.C. § 105(a). The Debtors submit that for the reasons set forth above, adequate 

cause exists to fix the Section 503(b)(9) Bar Date as requested herein. Additionally, sections 105 

and 503 of the Bankruptcy Code and Bankruptcy Rule 9007 together permit the Court to approve 

the proposed filing procedures set forth herein for the Section 503(b)(9) Claims (the “Section 

503(b)(9) Claims Procedures”) and to approve the form, manner, and sufficiency of notice of the 

Section 503(b)(9) Bar Date and the Section 503(b)(9) Claims Procedures. 

21. Specifically, such approval is essential for the efficient administration of the 

Debtors’ estates. Under section 503(b)(9) of the Bankruptcy Code, a claim is accorded 

administrative expense priority where such claim is for “the value of any goods received by the 

debtor within 20 days before the date of commencement of a case under this title in which the 

goods have been sold to the debtor in the ordinary course of such debtor's business.” 11 U.S.C. § 

503(b)(9). Furthermore, under section 507(a)(2) of the Bankruptcy Code, administrative expenses 

allowed under section 503(b) are granted priority status. See id. at § 507(a)(2). 

Case 20-20259-RAM Doc 55 Filed 09/28/20 Page 7 of 18
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22. In addition, the Section 503(b)(9) Bar Date Notice proposed by the Debtors is fair, 

reasonable and adequate. The proposed notice period set forth herein exceeds the 21 days’ notice 

required under Bankruptcy Rule 2002(a)(7) for the time fixed for filing proofs of claim under 

Bankruptcy Rule 3003(c). Moreover, all requests for administrative expense payments must be 

made promptly under the Bankruptcy Code. See 11 U.S.C. § 503(a) (“An entity may timely file a 

request for payment of an administrative expense, or may tardily file such request if permitted by 

the court for cause.”); American Metallurgical, 228 B.R. at 154 (noting than an administrative 

expense claim maybe tardily filed only for cause). 

23. Given the lack of prejudice to creditors compelled to file their Section 503(b)(9) 

Claims on or before the Section 503(b)(9) Bar Date, the proposed Section 503(b)(9) Claims 

Procedures are fair and in the best interests of the Debtors, their estates, and their creditors. 

Notice 

24. Notice of this Motion has been given to the following parties or, in lieu thereof, to 

their counsel, if known: (a) the Office of the United States Trustee; (b) any party that has requested 

notice pursuant to Bankruptcy Rule 2002; and (c) those parties set forth on the Master Service List, 

including all Registered Users who have appeared in these cases. The Debtors submit that, in light 

of the nature of the relief requested, no other or further notice need be given. 

No Prior Request 

25. No prior request for the relief sought in this Motion has been made. 

Conclusion 

WHEREFORE, the Debtors respectfully request that the Court enter an order in the form 

attached hereto as Exhibit “A” (i) granting this Motion; (ii) establishing the Section 503(b)(9) Bar 

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Date for Section 503(b)(9) Claims; (iii) approving form, manner, and sufficiency of notice of the 

Section 503(b)(9) Bar Date; and (iii) granting such other and further relief as is just and proper. 

 Dated: September 28, 2020. 

 s/ James C. Moon 

James C. Moon, 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 

Attorneys for Debtors 

 

Case 20-20259-RAM Doc 55 Filed 09/28/20 Page 9 of 18
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EXHIBIT A 

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. 

_______________________________/

ORDER GRANTING DEBTORS’ MOTION PURSUANT TO SECTION 503(b)(9) 

 OF THE BANKRUPTCY CODE TO ESTABLISH PROCEDURES 

FOR SUBMITTING AND RESOLVING CLAIMS RELATED TO GOODS 

RECEIVED WITHIN TWENTY DAYS PRIOR TO THE PETITION DATE 

 THIS MATTER came before the Court on _________________, 2020 at ___ 

___.m. upon the Debtors’ Motion Pursuant to Section 503(b)(9) of the Bankruptcy Code to 

Establish Procedures for Submitting and Resolving Claims Related to Goods Received Within 

Twenty Days Prior to the Petition Date [ECF No. ___] (the “Motion”); and the Court having 

found that: (i) the Court has jurisdiction to consider the Motion and the relief requested therein 

pursuant to 28 U.S.C. §§ 157 and 1334; (ii) venue is proper in this district pursuant to 28 U.S.C. 

Case 20-20259-RAM Doc 55 Filed 09/28/20 Page 10 of 18
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§§ 1408 and 1409; (iii) this is a core proceeding pursuant to 28 U.S.C. § 157(b); and (iv) notice 

of the Motion was sufficient under the circumstances; and after due deliberation the Court having 

determined that the relief requested in the Motion is in the best interests of the Debtors, their 

estates and their creditors; and good and sufficient cause having been shown; 

IT IS HEREBY ORDERED THAT: 

1. The Motion is GRANTED as set forth herein. 

2. Any objections or other responses to the Motion not withdrawn or settled are 

hereby overruled in their entirety. 

3. _____________, 2020 at 4:00 p.m. (prevailing Eastern Time) shall be the Section 

503(b)(9) Claim Deadline1

 for each person or entity to file a Section 503(b)(9) Claim Request 

against the appropriate Debtor. 

4. All Section 503(b)(9) Claimants seeking payment of Section 503(b)(9) Claims 

from the Debtors will be required to submit a Section 503(b)(9) Claim Request. Section 

503(b)(9) Claim Requests must set forth with specificity: (i) the amount of the Section 503(b)(9) 

Claim; (ii) the particular Debtor against which the Section 503(b)(9) Claim is asserted; and (iii) 

the value of the goods the Section 503(b)(9) Claimant contends such Debtor received within 

twenty (20) days before the Petition Date. Further, the Section 503(b)(9) Claim Request should 

include or attach documentation identifying the particular invoices for which any such Section 

503(b)(9) Claim is being asserted and documentation evidencing the delivery and/or shipment of 

the goods. Any Section 503(b)(9) Claim Request must include a certification that the goods with 

respect to which the Section 503(b)(9) Claim is being filed were sold in the ordinary course of 

business. Finally, Section 503(b)(9) Claim Requests must: (i) be signed by the claimant or, if the 

1

 Terms not otherwise defined herein shall have the meanings ascribed to it in the Motion. 

Case 20-20259-RAM Doc 55 Filed 09/28/20 Page 11 of 18
3

claimant is not an individual, by an authorized agent of the claimant; (ii) be in the English 

language; and (ii) be denominated in United States currency. 

5. For any Section 503(b)(9) Claim Request to be validly and properly filed, such 

Section 503(b)(9) Claim Request must include an original signature and be delivered on or 

before the Section 503(b)(9) Claim Deadline to the Clerk of the Bankruptcy Court (“Clerk”). 

6. Any holder of a claim against a Debtor who receives notice of the Section 

503(b)(9) Claim Deadline (whether such notice was actually or constructively received) and is 

required, but fails, to file a Section 503(b)(9) Claim Request in accordance with this Order on or 

before the Section 503(b)(9) Claim Deadline: (i) may be forever barred, estopped, and enjoined 

from asserting such claim against such Debtor (or filing a Section 503(b)(9) Claim Request with 

respect thereto), and such Debtor and its property may, upon confirmation of a chapter 11 plan, 

be forever discharged from all such indebtedness or liability with respect to such claim; and (ii) 

such holder shall not be permitted to vote to accept or reject any chapter 11 plan filed in these 

chapter 11 cases or participate in any distribution from the Debtors on account of such claim or 

receive further notices regarding such claim; provided, however, that a claimant shall be able to 

vote upon, and receive distributions under, any plan of reorganization or liquidation in this case 

to the extent, and in such amount, as any undisputed, non-contingent and liquidated claims 

identified in the Schedules on behalf of such claimant. 

7. The Section 503(b)(9) Bar Date Notice is approved in all respects. The Section 

503(b)(9) Bar Date Notice will be served not later than five (5) business days following entry of 

this Order. Prior to mailing the Section 503(b)(9) Bar Date Notice, the Debtors may fill in, or 

cause to be filled in, any missing dates and other information, correct any typographical errors, 

Case 20-20259-RAM Doc 55 Filed 09/28/20 Page 12 of 18
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conform the provisions thereof to the provisions of this Order, and make such other, non-material 

changes as the Debtors deem necessary or appropriate. 

8. Pursuant to Bankruptcy Rule 2002(a)(7), the Debtors shall serve the Section 

503(b)(9) Bar Date Notice, and a form Section 503(b)(9) Claim Request by first-class mail on: 

(a) the US Trustee; 

(b) counsel to the Official Committee of Unsecured Creditors; 

(c) all parties that have requested notice in these chapter 11 cases; and 

(d) the Vendor Notice Parties. 

9. If the Debtors determine after the mailing date of the Section 503(b)(9) Bar Date 

Notice that an additional party or parties should receive the Section 503(b)(9) Bar Date Notice, 

the date by which a proof of claim must be filed by such party or parties shall be the later of (i) 

the Section 503(b)(9) Claim Deadline or (ii) the first business day that is thirty (30) days from 

the mailing date of an amended notice of the Section 503(b)(9) Claim Deadline to such 

additional party or parties. 

10. The Debtors and the Clerk are authorized and empowered to take such steps and 

perform such acts as may be necessary or appropriate to implement and effectuate the terms of 

this Order. 

11. The entry of this Order is without prejudice to the right of the Debtors to seek a 

further order of this Court fixing a date by which holders of claims or interests not subject to the 

Section 503(b)(9) Claim Deadline established herein shall file such Proofs of Claim or interests 

or be forever barred from asserting such claims or interests against the Debtors or their estates. 

Case 20-20259-RAM Doc 55 Filed 09/28/20 Page 13 of 18
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12. The Court shall retain jurisdiction with respect to this Order and any related 

proceedings. 

### 

Submitted By: 

James C. Moon, Esquire 

Florida Bar No. 938211 

jmoon@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: 

James C. Moon, Esquire, is directed to serve copies of this Order on all parties in interest and to 

file a Certificate of Service. 

Case 20-20259-RAM Doc 55 Filed 09/28/20 Page 14 of 18
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. 

_______________________________/

NOTICE OF DEADLINES FOR FILING 

SECTION 503(b)(9) CLAIM REQUESTS 

PLEASE TAKE NOTICE that on September 22, 2020 (the “Petition Date”), the abovecaptioned debtors and debtors in possession (collectively, the “Debtors”) filed voluntary petitions 

pursuant to chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) in the United 

States Bankruptcy Court for the Southern District of Florida (the “Court”). 

PLEASE TAKE FURTHER NOTICE that, on _________, 2020, the Debtors filed the 

Motion Pursuant to Section 503(b)(9) of the Bankruptcy Code to Establish Procedures for 

Submitting and Resolving Claims Related to Goods Received Within Twenty Days Prior to the 

Petition Date [ECF No. ___] (the “Motion”).

PLEASE TAKE FURTHER NOTICE that, on _____________, 2020, the Court, having 

jurisdiction over the Debtors’ chapter 11 cases, entered an order (the “Claim Deadline Order”): (i) 

establishing _________, 2020 at 4:00 p.m. (prevailing Eastern Time) (the “Section 503(b)(9) 

Claim Deadline”) as the deadline for each person or entity, including, without limitation, 

individuals, partnerships, corporations, joint ventures and trusts to file a request for payment for 

an administrative claim pursuant to Section 503(b)(9) of the Bankruptcy Code (a “Section 

503(b)(9) Claim Request”) against any of the Debtors that arose prior to the Petition Date. 

A CLAIMANT SHOULD CONSULT AN ATTORNEY IF THE CLAIMANT HAS 

ANY QUESTIONS, INCLUDING WHETHER TO FILE A SECTION 503(b)(9) CLAIM 

REQUEST. 

If you have any questions with respect to this notice (the “Claim Deadlines Notice”), 

you may contact the Debtors’ attorney, James C. Moon, Esquire by: 

Telephone: (305) 358-6363 

Email inquiry: jmoon@melandbudwick.com 

1. WHO MUST FILE A SECTION 503(b)(9) CLAIM REQUEST AND HOW TO 

FILE A SECTION 503(b)(9) CLAIM REQUEST 

EXHIBIT B

Case 20-20259-RAM Doc 55 Filed 09/28/20 Page 15 of 18
All parties who seek to assert an administrative expense claim pursuant to section 503(b)(9) 

of the Bankruptcy Code (each, a “Section 503(b)(9) Claim”) against a Debtor for goods provided 

to such Debtor within 20 days prior to the Petition Date (each a “Section 503(b)(9) Claimant”) 

must submit a Section 503(b)(9) Claim Request. Attached hereto is a copy of a Section 503(b)(9) 

Claim Request. 

Section 503(b)(9) Claim Requests must set forth with specificity: (i) the amount of the 

Section 503(b)(9) Claim; (ii) the particular Debtor against which the Section 503(b)(9) Claim is 

asserted; and (iii) the value of the goods the Section 503(b)(9) Claimant contends the Debtor 

received within twenty (20) days before the Petition Date. Further, the Section 503(b)(9) Claim 

request should include or attach documentation identifying the particular invoices for which any 

such Section 503(b)(9) Claim is being asserted. Any Section 503(b)(9) Claim Request must 

include a certification that the goods with respect to which the Section 503(b)(9) Claim is being 

filed were sold in the ordinary course of business. Finally, Section 503(b)(9) Claim Requests must: 

be signed by the claimant or, if the claimant is not an individual, by an authorized agent of the 

claimant; be in the English language; and be denominated in United States currency. 

For any Section 503(b)(9) Claim Request to be validly and properly filed, such Section 

503(b)(9) Claim Request must include an original signature and be delivered on or before the 

Section 503(b)(9) Claim Deadline to the Clerk of the Bankruptcy Court. 

Any holder of a Section 503(b)(9) Claim against more than one Debtor must file a separate 

Section 503(b)(9) Claim Request with each Debtor and all holders of claims must identify on their 

Section 503(b)(9) Claim Request the specific Debtor against which the Section 503(b)(9) Claim is 

asserted. 

If you file a Section 503(b)(9) Claim Request and wish to receive a file-stamped receipt 

copy by return mail, you must include with your Section 503(b)(9) Claim Request an additional 

copy of your Section 503(b)(9) Claim Request and a self-addressed, postage-paid envelope. 

YOU SHOULD ATTACH TO YOUR COMPLETED SECTION 503(b)(9) CLAIM 

REQUEST COPIES OF ANY WRITINGS UPON WHICH YOUR SECTION 503(b)(9) 

CLAIM IS BASED. 

2. CONSEQUENCES OF FAILURE TO FILE A SECTION 503(b)(9) CLAIM 

 REQUEST BY THE SECTION 503(b)(9) CLAIM DEADLINE 

Any holder of a claim who received notice of the Section 503(b)(9) Claim Deadline (whether 

such notice was actually or constructively received) and is required, but fails, to file a Section 

503(b)(9) Claim Request in accordance with the Claim Deadline Order on or before the 

Section 503(b)(9) Claim Deadline may, as applicable (i) be forever barred, estopped, and 

enjoined from asserting such claim against such Debtor (or filing a Proof of Claim or Section 

503(b)(9) Claim Request with respect thereto), and such Debtor and its property may upon 

confirmation of a chapter 11 plan be forever discharged from all such indebtedness or 

liability with respect to such claim, and (ii) such holder may not be permitted to vote to accept 

or reject any chapter 11 plan filed in these chapter 11 cases, participate in any distribution 

Case 20-20259-RAM Doc 55 Filed 09/28/20 Page 16 of 18
from the Debtors on account of such claim or receive further notices regarding such claim; 

provided, however, that a claimant shall be able to vote upon, and receive distributions 

under, any plan of reorganization or liquidation in this case to the extent, and in such 

amount, as any undisputed, non-contingent and liquidated claims identified in the Schedules 

on behalf of such claimant. 

3. EFFECT OF SUBSEQUENT NOTICE 

If the Debtors determine after the mailing date of this Section 503(b)(9) Claim Deadline 

Notice that an additional party or parties should appropriately receive the Section 503(b)(9) Claim 

Deadline Notice, the date by which a 503(b)(9) claim must be filed by such party or parties shall 

be the later of (i) the Section 503(b)(9) Claim Deadline or (ii) the first business day that is thirty 

(30) days from the mailing date of an amended notice to such additional party or parties. 

 s/ James C. Moon 

James C. Moon, 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 

Attorneys for Debtors 

 

Case 20-20259-RAM Doc 55 Filed 09/28/20 Page 17 of 18
Section 503(b)(9) Claim Request Form

Address for Submission of 503(b)(9) Claim Request

Clerk, US Bankruptcy Court 

301 North Miami Avenue, Room 150 

Miami, FL 33128 

It’Sugar FL I LLC, et al. 

Chapter 11 Case No. 20-20259-RAM, etc. 

(Jointly Administered) 

Debtor against which claim is asserted (check only one): 

 □ It’Sugar FL I LLC □ It’Sugar LLC □ It’Sugar Atlantic City LLC □ It’Sugar FLGC LLC 

NOTE: Pursuant to an Order of the Bankruptcy Court in the above-referenced chapter 11 cases [ECF No. 

___], a claim for administrative expense under 11 U.S.C. § 503(b)(9) (the “Section 503(b)(9) Claim Request”) 

must be delivered on or before__________, 2020 to the Clerk of the Bankruptcy Court at the abovereferenced address. This Section 503(b)(9) Claim Request Form shall be deemed filed when actually received 

by the Clerk of the Bankruptcy Court and may be submitted in person or by courier service, hand delivery 

or mail. Facsimile, e-mail, telecopy or electronic submissions will not be accepted.

Name and address of Creditor (and name and 

address where notices should be sent if different 

from Creditor): 

Telephone number: 

□ Check if you are aware that anyone else has filed a 

Section 503(b)(9) Claim Request relating to your claim. 

Attach copy of statement giving particulars. 

□ Check if you have never received any notices from the 

bankruptcy court in this case. 

ACCOUNT OR OTHER NUMBER BY WHICH 

CREDITOR IDENTIFIES DEBTOR: _________ 

Check here if this claim: 

 □ Replaces 

 □ Amends 

a previously filed claim, dated: __________ 

1. BASIS FOR CLAIM: Goods sold in the ordinary course of business and received by debtor within 20 days 

prior to the commencement of the case. 

2. DATE DEBT WAS INCURRED:

3. TOTAL AMOUNT OF SECTION 503(b)(9) CLAIM (IN US DOLLARS): $_______________

4. BRIEF DESCRIPTION OF CLAIM:

5. CREDITS AND SETOFFS: The amount of all payments on this claim have been credited and deducted for the 

purpose of making this Section 503(b)(9) Claim Request. In filing this Section 503(b)(9) Claim Request, claimant 

has deducted all amounts that claimant owes to the Debtor.

6. SUPPORTING DOCUMENTS: Attach copies of supporting documents, such as promissory notes, purchase 

orders, invoices, shipping documents, bills of lading, packing slips, receiving dock acceptances, itemized 

statements of running accounts, or contracts. DO NOT SEND ORIGINAL DOCUMENTS. If the documents are 

not available, explain why. If the documents are voluminous, attach a summary and identify from whom the Debtor 

may obtain a copy of the documents.

7. DATE-STAMPED COPY: To receive acknowledgement of the filing of a 

paper copy of a Section 503(b)(9) Claim Request, enclose a stamped, selfaddressed envelope and a date-stamped copy of your Section 503(b)(9) Claim 

Request form, excluding supporting documents, will be mailed to you.

8. ORDINARY COURSE CERTIFICATION: By signing this claim form, you 

are certifying that the goods for which payment is sought hereby were sold to the 

Debtor in the ordinary course of business as required by 11 U.S.C. § 503(b)(9).

EXHIBIT C

Case 20-20259-RAM Doc 55 Filed 09/28/20 Page 18 of 18