00667345.DOCX 3 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

In re: 

LIBERTY POWER HOLDINGS, LLC, 

 Debtor. 

____________________________________/

Case No. 21-13797-BKC-SMG 

Chapter 11 

ASSIGNEE’S LIMITED OBJECTION TO DEBTOR’S SALE PROCEDURES 

 Now comes Philip J. Von Kahle, as Assignee (the “Assignee”) in the Assignment for the 

Benefit of Creditors of Liberty Power Corp., LLC (“LPC”),1 and files his Limited Objection to 

Debtor’s Expedited Motion for the Entry of an Order (1) Approving Competitive Bidding 

Procedures for the Sale of Substantially All of the Debtor’s Assets; (2) Scheduling Dates to 

Conduct Auction and Sale Hearing; (3) Approving the Form and Manner of Notices; (4) 

Approving the Sale of Substantially All of the Debtor’s Assets Free and Clear of All Liens, Claims, 

Encumbrances and Interests; (5) Approving Assumption and Assignment Procedures for 

Executory Contracts; and (6) Granting Related Relief (ECF No. 98) (the “Sale Procedures 

Motion”), and in support states as follows: 

1. LPC files this limited objection on the basis that it is not clear what assets are being 

sold, and has concerns that the posture of this case, in which LPC has been ordered to allow the 

Debtor access and use of LPC’s property and assets, could give the impression that LPC’s assets 

are to be included in the sale. 

2. On April 20, 2021 (the “Petition Date”), Liberty Power Holdings, LLC (the 

“Debtor”) filed a voluntary petition for relief pursuant to Chapter 11 of Title 11 of the U.S. Code. 

 

1

 On May 19, 2021, the Assignee commenced the case styled In re the Assignment for the Benefit of 

Creditors of Liberty Power Corp., LLC, Case No. CACE-21-010056, pending in the Seventeenth Judicial 

Circuit, in and for Broward County, Florida (the “Assignment Case”). 

Case 21-13797-SMG Doc 132 Filed 05/21/21 Page 1 of 5
00667345.DOCX 3 2 

3. Since filing its petition, the Debtor has filed two requests for extension of the 

deadline to file its schedules. See, ECF Nos. 65, 94. Under the second request, which has not yet 

been granted, the Debtor proposes to extend the deadline to file its schedules until June 22, 2021, 

7 days prior to the rescheduled 341 meeting. 

4. The Sale Procedures Motion provides little information on what assets the Debtor 

is purporting to sell, defining the “Assets” as: “including without limitation, retail customer 

contracts and associated receivables,” and further noting that certain of the assets belong to one or 

more of its wholly owned subsidiaries. Sale Procedures Motion, ¶ 8, and FN 1. 

5. Despite the description of the “Assets” to be intangible in nature, the Sale 

Procedures Motion contemplates the Debtor providing interested parties with an “on-site 

inspection of the Assets and such other matters which a Potential Bidder may request and as to 

which the CRO, in his sole discretion may agree.” Sale Procedures Motion, Exhibit 1, page 2. 

6. While the Assignee has no objection to the Debtor providing interested buyers with 

an onsite inspection of its own assets for purposes of due diligence and sale, the Assignee objects 

to any inspections, due diligence, or sale involving LPC’s assets and property absent express 

agreement from the Assignee. 

7. The Debtor’s operations occur on-site at LPC’s premises, using property and 

equipment belonging to LPC, and on platforms and systems developed and owned by LPC. As 

such, the Assignee is concerned about buyer confusion with regard to what assets are, and are not, 

for sale. 

8. The Assignee objects to the Sale Procedures Motion to the extent the Debtor 

purports or intends to include any LPC assets in the sale. To that end, the Assignee requests 

clarification of what assets will be, and will not be, included in the proposed sale. 

Case 21-13797-SMG Doc 132 Filed 05/21/21 Page 2 of 5
00667345.DOCX 3 3 

9. Since his recent appointment, the Assignee has opened a dialogue with the Debtor 

and hopes to come to an agreement as to the matters set forth herein, but files this Limited 

Objection to reserve his rights with respect to the scope of the proposed sale. 

10. The Assignee reserves the right to amend or supplement this Limited Objection as 

additional information becomes available. 

WHEREFORE, Philip J. Von Kahle, as Assignee in the Assignment for the Benefit of 

Creditors of Liberty Power Corp., LLC, respectfully requests this Court enter an order: (i) 

sustaining this limited objection; (ii) directing the Debtor to identify the assets to be included in, 

and excluded from, the sale; (iii) clarifying that LPC’s assets will not be included in the sale or the 

sale process absent the express agreement of the Assignee; and (iv) granting any other and further 

relief the Court deems just and proper. 

Respectfully submitted, 

BAST AMRON LLP 

Counsel for Philip J. von Kahle as Assignee for 

Liberty Power Corp., LLC 

SunTrust International Center 

One Southeast Third Ave., Suite 1400 

Miami, Florida 33131 

Telephone: 305.379.7904 

Facsimile: 305.379.7905 

Email: jbast@bastamron.com 

Email: dquick@bastamron.com 

By: /s/ Dana R. Quick 

 Jeffrey P. Bast (FBN 996343) 

 Dana R. Quick (FBN 074402) 

 

Case 21-13797-SMG Doc 132 Filed 05/21/21 Page 3 of 5
00667345.DOCX 3 4 

CERTIFICATE OF SERVICE 

 I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via 

CM/ECF to all parties registered to receive such service in this case and via U.S. Mail to the parties 

listed below on May 21, 2021. 

By: /s/ Dana R. Quick 

 Dana R. Quick, Esq. 

VIA CM/ECF 

 Scott Andron sandron@broward.org, swulfekuhle@broward.org 

 Stephen J Bagge sbagge@baggelaw.com 

 Paul J. Battista pbattista@gjb-law.com, gjbecf@gjb-law.com; chopkins@gjblaw.com; jzamora@gjb-law.com; gjbecf@ecf.courtdrive.com; vlambdin@gjb-law.com 

 Jason B Binford jason.binford@oag.texas.gov 

 Albert A Ciardi aciardi@ciardilaw.com, sfrizlen@ciardilaw.com; dtorres@ciardilaw.com 

 Jonathan F Dinerstein jonathan.dinerstein@mass.gov 

 Alexandra A Fahringer afahringer@schnader.com 

 Robert C Folland rob.folland@btlaw.com, courtney.dunham@btlaw.com 

 Mariaelena Gayo-Guitian mguitian@gjb-law.com, gjbecf@gjb-law.com; vlambdin@gjblaw.com; cesser@gjb-law.com; chopkins@gjb-law.com; gjbecf@ecf.courtdrive.com 

 Eric Goldstein egoldstein@goodwin.com, bankruptcy@goodwin.com; 

bankruptcyparalegal@goodwin.com 

 Daniel N Gonzalez dgonzalez@melandbudwick.com, 

ltannenbaum@melandbudwick.com; mrbnefs@yahoo.com; gonzalez@ecf.courtdrive.com; 

ltannenbaum@ecf.courtdrive.com; phornia@ecf.courtdrive.com 

 Jordi Guso jguso@bergersingerman.com, fsellers@bergersingerman.com; 

efile@bergersingerman.com; efile@ecf.inforuptcy.com 

 Heather L Harmon HHarmon@gjb-law.com, gjbecf@gjb-law.com; ecastellanos@gjblaw.com; gjbecf@ecf.courtdrive.com; jzamora@gjb-law.com 

 Kevin M Lippman klippman@munsch.com 

 Office of the US Trustee USTPRegion21.MM.ECF@usdoj.gov 

 Deborah M Perry dperry@munsch.com 

 Ethan M Preston ep@eplaw.us 

 Timothy J Reppucci timothy.reppucci@mass.gov 

 Abigail R Ryan abigail.ryan@oag.texas.gov 

 J. Steven Wilkes steven.wilkes@usdoj.gov 

VIA U.S. MAIL 

Bob Butler 

810 Seventh Avenue, Suite 4100 

New York, NY 10019 

Case 21-13797-SMG Doc 132 Filed 05/21/21 Page 4 of 5
00667345.DOCX 3 5 

Breton Leone-Quick 

One Financial Center 

Boston, MA 02111 

Abigail OBrient 

Century Plaza Towers 

2029 Century Park East, Suite 3100 

Los Angeles, CA 90067 

Case 21-13797-SMG Doc 132 Filed 05/21/21 Page 5 of 5