1 

UNITED STATES BANKRUPCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

www.flsb.uscourts.gov 

In the Matter of: Case No. 21-18481-MAM

NITV, LLC, Chapter 7

Debtor. 

__________________________________/ 

ORDER GRANTING [ECF# 42] TRUSTEE IN BANKRUPTCY’S MOTION TO: 1. APPROVE

SETTLEMENT AGREEMENT BETWEEN MICHAEL BAKST, AS CHAPTER 7 TRUSTEE 

AND (DEBTOR) NITV, LLC (WHERE SAID SETTLEMENT AGREEMENT IS JOINED BY 

PLAINTIFF AND DEFENDANT(S) IN RELATED ADVERSARY PROCEEDING); AND 2. PAY

TRUSTEE’S SPECIAL COUNSELS’ CONTINGENT FEES FROM SETTLEMENT PROCEEDS

This matter came on before the Court at a hearing on September 28, 2022 at 10:00 am, upon 

[ECF # 42] “Trustee In Bankruptcy’s Motion To: 1. Approve Settlement Agreement Between Michael 

Mindy A. Mora, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on October 25, 2022.

Case 21-18481-MAM Doc 49 Filed 10/25/22 Page 1 of 3
2 

Bakst, As Chapter 7 Trustee And (Debtor) NITV, LLC (Where Said Settlement Agreement Is Joined By

Plaintiff And Defendant(s) In Related Adversary Proceeding); And 2. Pay Trustee’s Special Counsels’ 

Contingent Fees From Settlement Proceeds.” Said hearing was attended by the Trustee in Bankruptcy, 

his counsel and counsel for the Debtor. 

The Court, having reviewed the motion and incorporated Settlement Agreement, having heard 

argument of all counsel, and proffers, after considering the factors set forth in In re Justice Oaks II, Ltd, 

898 F.2d 1544 (11th Cir. 1990), and the Trustee’s explanation of same, finding good cause shown, the 

Court finds that: 

A. The aggregate sum of Two Hundred Fifty Thousand Dollars ($250,000.00) to be a reasonable

settlement amount and that the thirty-five percent (35%) contingency fee totaling Eighty-Seven

Thousand, Five Hundred Dollars ($87,500.00) (to be paid as settlement payments are received) is

reasonable; and

it is therefore ORDERED and ADJUDGED: 

1. The motion [ECF # 42] is Granted. The parties to the Settlement Agreement attached thereto are

ordered to comply with its terms. The disbursements of attorney’s fees are to be paid as settlement

payments are received.

2. This Order will render the Trustee in Bankruptcy’s [ECF # 23] “Motion for Clarification of the

Automatic Stay, or in the Alternative, Motion for Relief from Stay” and [ECF # 10] in

22-01092-MAM (the related Adversary Proceeding) moot. Following entry of this Order, counsel

for the Trustee is directed to submit separate orders denying as moot [ECF # 23] “Motion for 

Clarification of the Automatic Stay, or in the Alternative, Motion for Relief from Stay” and [ECF # 

10] in 22-01092-MAM (the related Adversary Proceeding).

3. Counsel for the Trustee shall serve a copy of the signed order on all parties in the Adversary

proceeding No. 22-01092-MAM “Elwood Gary Baker, vs. NITV, Federal Services, LLC, Lourdes

Case 21-18481-MAM Doc 49 Filed 10/25/22 Page 2 of 3
3 

Irimia and Charles Humble, and file with the Court a Certificate of Service conforming with Local 

Rule 2002-1(F) and 5005-1(G). 

### 

Submitted by: 

Scott W. Zappolo, Esq. 

Zappolo & Farwell, P.A. 

Attorneys for Plaintiff, Ellwood Gary Baker and 

Michael R. Bakst, Trustee in Bankruptcy 

7108 Fairway Drive, Suite 322 

Palm Beach Gardens, FL 33418 

(561) 627-5000 (Phone) 

(561) 627-5600 (fax) 

szappolo@zappolofarwell.com

THE PARTY SUBMITTING THIS ORDER SHALL SERVE A COPY OF THE 

SIGNED ORDER ON ALL PARTIES LISTED BELOW AND FILE WITH THE COURT A 

CERTIFICATE OF SERVICE CONFORMING WITH LOCAL RULE 2002-1(F) and 5005-1(G). 

Electronic Mail Notice List:

Michael R. Bakst: efilemrb@gmlaw.com; ecf.alert+Bakst@titlexi.com; efileu1084@gmlaw.com; 

efileu1086@gmlaw.com; efileu386@gmlaw.com; efileu1857@gmlaw.com 

Julianne R. Frank, attorney for Debtor: julianne@jrfesq.com; G59511@notify.cincompass.com

Mark A. Levy: mark.levy@brinkleymorgan.com; Sandra.gonzalez@brinkleymorgan.com; 

brinkleymorgancf@gmail.com

Office of US Trustee: USTPRegion21.MM.ECF@usdoj.gov

Amanda Klopp and Eyal Berger: attorneys for Removing Parties, NITV Federal Services, LLC, 

Lourdes Irimia a/k/a Lourdes Humble and Charles Humble (in adversary proceeding no: 22-01092 – 

MAM): amanda.klopp@akerman.com; eyal.berger@akerman.com; 

Case 21-18481-MAM Doc 49 Filed 10/25/22 Page 3 of 3