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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 Case No. 21-15540-SMG 

COLUMBIA, LLC, 

 (Jointly administered 21-13797-SMG) 

/ 

ORDER GRANTING DEBTORS’ MOTION PURSUANT TO SECTION 105(a) OF THE 

BANKRUPTCY CODE AND FED. R. BANKR. P. 9019 TO APPROVE THE TERMS OF 

A SETTLEMENT BY AND BETWEEN THE DEBTORS AND THE D&O PARTIES 

THIS MATTER came before the Court on May 24, 2023 1:30 p.m. (the “Hearing”) upon 

the motion (the “Motion”) [ECF No. 871] of the above-captioned debtors and debtors in possession 

(the “Debtors”) for entry of an Order, pursuant to Bankruptcy Code section 105(a) and Bankruptcy 

Rule 9019, approving the terms of that certain Settlement Agreement, dated as of April 7, 2023, 

Scott M. Grossman, Judge

_____________________________________________________________________________ United States Bankruptcy Court

ORDERED in the Southern District of Florida on May 25, 2023.

Case 21-13797-SMG Doc 901 Filed 05/25/23 Page 1 of 3
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attached to the Motion as Exhibit B (the “Settlement Agreement”),1 by and between the Debtors 

and each of David Hernandez (“Hernandez”) and Martin Halpern (“Halpern”) (collectively 

referred to as “D&O Parties”); and the Court having jurisdiction to consider the Motion pursuant 

to 28 U.S.C. §§ 157(a) and 1334; having found that this is a core proceeding pursuant to 28 U.S.C. 

§ 157(b)(2); and that venue of this proceeding and the Motion in this district is proper pursuant to 

28 U.S.C. §§ 1408 and 1409; having found that the relief requested in the Motion is in the best 

interests of the Debtors’ estates, their creditors, and other parties in interest; and having found that 

the Debtors’ notice of the Motion and opportunity for a hearing on the Motion were appropriate 

and no other notice need be provided; and having reviewed the Motion and heard the statements 

in support of the relief requested therein at the Hearing; and having determined that the legal and 

factual bases set forth in the Motion and at the Hearing establish just cause for the relief granted 

herein, it is 

ORDERED THAT:

1. The Motion is GRANTED in its entirety. 

2. The Settlement Agreement is approved pursuant to Bankruptcy Code section 105(a) 

and Bankruptcy Rule 9019(b) in its entirety. 

3. Nothing expressed or implied in the Settlement Agreement shall, or shall be, 

construed to confer upon or give to any person or entity, including specifically the Pre-Petition 

Professionals, any rights, remedies or benefits under or by reason of the Settlement Agreement or 

the releases provided by the Debtor Releasing Parties therein. 

4. Nothing in the Motion or this Order (nor in the Settlement Agreement) releases, 

enjoins, or shall be deemed to release or enjoin any claims of (a) Liberty Power Corp., LLC; or (b) 

1 All capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Settlement 

Agreement.

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Philip J. von Kahle as Assignee for Liberty Power Corp., LLC; provided however that nothing in 

this provision constitutes an acknowledgement that such claims exist or restricts or releases any 

defense against same, and provided further that this provision shall not limit or affect the release 

being provided by the Debtors under the Settlement Agreement for any claims of the Debtors that 

exist and may be brought by, through or under the Debtors. 

5. The Debtors are authorized and empowered to take such actions as may be 

reasonably necessary to implement and effectuate the terms of the Settlement Agreement. 

6. This Court shall retain jurisdiction with respect to all matters, claims, rights, and 

obligations arising from or related to the implementation of this Order. 

### 

Submitted By: 

Paul J. Battista, Esq. 

Venable, LLP. 

Counsel for Debtors-in-Possession 

100 SE 2nd Street, Suite 4400 

Miami, Florida 33131 

Telephone: 305-349-2300 

pjbattista@venable.com

Copies to: 

Paul J. Battista, Esq. [Attorney Battista is directed to serve a conformed copy of this order on all 

interested parties and file a certificate of service with the court within 3 days] 

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