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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. 

_______________________________/

ORDER GRANTING DEBTORS’ EMERGENCY MOTION PURSUANT TO SECTIONS 

105(A), 363(B), AND 503(B)(1) OF THE BANKRUPTCY CODE FOR AUTHORIZATION 

TO HONOR CERTAIN PREPETITION CUSTOMER PROGRAMS 

 THIS MATTER came before the Court on September 25, 2020, 2020 at 1:30 p.m. upon 

the Debtors’ Emergency Motion Pursuant to Sections 105(a), 363(b), and 503(b)(1) of the 

Bankruptcy Code for Authorization to Honor Certain Prepetition Customer Programs [ECF No. 

13] (the “Motion”). The Court considered the Motion and finds that: (a) the Court has 

jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334; (b) venue is proper before 

this Court pursuant to 28 U.S.C. §§ 1408 and 1409; (c) this matter is core pursuant to 28 U.S.C. 

§ 157(b)(2); (d) notice of the Motion and the hearing thereon was sufficient under the 

Robert A. Mark, Judge

United States Bankruptcy Court

_____________________________________________________________________________

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

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circumstances; and (e) the legal and factual bases set forth in the Motion and at the hearing 

establish just cause for the relief granted herein. Accordingly, it is: 

ORDERED AND ADJUDGED as follows: 

1. The Motion is GRANTED. 

2. The Debtors1 are authorized, but not directed, pursuant to §§ 105(a), 363(b), and 

503(b)(1) of the Bankruptcy Code, to continue the Customer Programs, and to provide refunds in 

connection with returned or reversed e-commerce sales, in the ordinary course of their business 

in the same manner and on the same basis as the Debtors implemented and maintained prior to 

commencement of their chapter 11 cases. 

3. The Debtors are authorized, but not directed, to honor all prepetition obligations 

relating to the Customer Programs in the ordinary course of business, in the same manner and on 

the same basis as the Debtors honored such obligations prior to commencement of the chapter 11 

cases. 

4. Any requirements of Rule 6003 of the Bankruptcy Rules have been satisfied. 

5. The requirements of Bankruptcy Rule 6004(a) and 6004(h) are waived and the 

terms and conditions of this Order shall be immediately effective and enforceable upon entry of 

this Order. 

6. Further, nothing in this Order or Motion shall be construed as prejudicing any 

rights the Debtors may have to contest the amount or basis of any prepetition or postpetition 

obligations relating to the Customer Programs. 

1

 Capitalized terms used herein shall have the meanings ascribed in the Motion. 

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7. The Court shall retain jurisdiction over this matter to provide for such additional 

and further relief necessary to enforce the terms and conditions 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. 

and to file a Certificate of Service. 

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