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UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

www.flsb.uscourts.gov 

In re: 

 Chapter 11 

CINEMEX HOLDINGS USA, INC., Case No. 20-14696-LMI 

 Debtor. 

 / 

GUC CLAIMS TRUST’S AGREED MOTION 

RESOLVING CLAIM OF SOMMERS HERSEY [#8-1] 

GUC Claims Trust (the “GUC Trust”) through Advisory Trust Group, LLC (the “GUC 

Trustee”), pursuant to 11 U.S.C. § 105(a) and 502(a), files this Agreed Motion Resolving Claim 

of Sommers Hersey (the “Agreed Motion”) and in support, states as follows: 

BACKGROUND 

1. On April 25, 2020 (the “Petition Date”), each of the Debtors, Cinemex USA Real 

Estate Holdings, Inc., Cinemex Holdings USA, Inc., and CB Theater Experience LLC (the 

“Debtors”) commenced a voluntary case under chapter 11 of the Bankruptcy Code in the United 

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

2. July 6, 2020 was the deadline for filing proofs of claim against the Debtors (the 

“Bar Date”). 

3. On or about May 13, 2020, Claimant filed proof of claim number 8-1 

(“Claim 8-1”) against Debtor, Cinemex USA Real Estate Holdings, Inc. asserting a non-priority 

general unsecured claim in the amount of $100,000.00 and indicated the basis of the claim as 

“personal injury.” 

4. On November 25, 2020, the Bankruptcy Court entered its Findings of Fact, 

Conclusions of Law and Order Confirming Third Amended Joint Chapter 11 Plan of 

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Reorganization of Cinemex USA Real Estate Holdings, Inc., Cinemex Holdings USA, Inc. and 

CB Theater Experience LLC [ECF No. 936] (the “Confirmation Order”) confirming the Third 

Amended Joint Chapter 11 Plan of Reorganization Pursuant to Chapter 11 of Cinemex USA Real 

Estate Holdings, Inc., Cinemex Holdings USA, Inc. and CB Theater Experience LLC [ECF 

No. 779] (the “Plan”). The Plan became effective by its terms on December 18, 2020 (the 

“Effective Date”).

5. Upon the Effective Date, pursuant to the terms of the Plan, the GUC Trust was 

established and the GUC Trustee was appointed as the GUC Trustee of the GUC Trust. The 

GUC Trust has the sole authority to resolve general unsecured claims pursuant to the Plan. 

MOTION 

6. The GUC Trust asserted an informal objection to Claim 8-1. After discussion, the 

parties have resolved the GUC Trust’s objection in the form of a consensual proposed order 

attached hereto as Exhibit A whereby Claimant agrees to waive any recovery on account of 

Claim 8-1 from the GUC Trust and to pursue applicable insurance proceeds, if any. 

WHEREFORE, the GUC Trust requests that the Court enter the proposed Agreed Order 

attached hereto as Exhibit A: (i) granting the Agreed Motion; (ii) permitting Claimant to 

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continue to liquidate any claim arising from the Litigation or relating to Claim 8-1 outside of the 

Bankruptcy Court; and (iii) granting such further relief as the Court deems just and proper. 

Dated: June 11, 2021 BERGER SINGERMAN LLP 

313 N. Monroe Street, Suite 301 

Tallahassee, FL 32301 

Telephone: (850) 561-3010 

Facsimile: (850) 561-3013 

By: /s/ Brian G. Rich 

Brian G. Rich 

 Florida Bar No. 38229 

brich@bergersingerman.com 

-andPACHULSKI STANG ZIEHL & JONES LLP 

Robert J. Feinstein (admitted pro hac vice) 

Bradford J. Sandler (admitted pro hac vice) 

Cia H. Mackle (FBN 26471) 

780 Third Avenue, 34th Floor 

New York, NY 10017-2024 

Telephone: (212) 561-7700 

Facsimile: (212) 561-7777 

Email: rfeinstein@pszjlaw.com 

 bsandler@pszjlaw.com 

 cmackle@pszjlaw.com 

Counsel for the GUC Claims Trust 

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CERTIFICATE OF SERVICE 

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

electronically through the Court CM/ECF system upon all parties registered to receive electronic 

notice in this case as indicated on the attached Electronic Mail Notice List on this 11th day of 

June, 2021. 

By: /s/ Brian G. Rich

Brian G. Rich 

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EXHIBIT A 

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UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

www.flsb.uscourts.gov 

In re: 

 Chapter 11 

CINEMEX HOLDINGS USA, INC., Case No. 20-14696-LMI 

 Debtor. 

 / 

AGREED ORDER GRANTING GUC CLAIMS TRUST’S 

 AGREED MOTION RESOLVING CLAIM OF SOMMERS HERSEY [#8-1] 

THIS CAUSE came before the Court, without a hearing, upon GUC Claims Trust’s 

Agreed Motion Resolving Claim of Sommers Hersey[#8-1] [ECF No. ___] (the “Motion”).1

 The 

Court having considered the Motion, having been informed that the parties consent to the entry 

of this Order, and being otherwise fully advised in the premises, 

It is ORDERED as follows: 

1. The Motion is GRANTED. 

 

1

 Terms not defined herein shall have the meaning ascribed to them in the Motion. 

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2. The injunction imposed by Article VIII of the Plan or the automatic stay imposed 

by section 362(a) of the Bankruptcy Code, as applicable, is modified for a limited purpose to (i) 

permit Claimant to continue to liquidate Claim 8-1 outside of the Bankruptcy Court, and (ii) 

execute, levy, and collect upon any settlement of judgment from the Claim solely from 

applicable insurance policies, if any, and not against the Debtors, the Reorganized Debtors (as 

defined in the Plan), the GUC Trust or their successors. 

3. Claimant agrees and acknowledges that (i) any recovery arising from Claim 8-1, 

the GUC Trust, or their successors is limited to funds made available from applicable insurance 

policies, if any, and not from the Debtors, the GUC Trust, or their successors, (ii) to the extent 

that applicable insurance policies, if any, do not satisfy Claim 8-1, for any reason, neither the 

Debtors, the Reorganized Debtors, the GUC Trust, or any of their successors shall satisfy nor be 

liable for any such unsatisfied portion, which might otherwise be considered a general unsecured 

claim in these chapter 11 proceedings, and Claimant shall not seek to collect on any such 

unsatisfied portion from the Debtors, their estates, the GUC Trust, or any of their successors, and 

(iii) Claimant agrees to hold the Debtors and the GUC Trust harmless with respect to any claim 

that may be asserted by any insurance carrier on account of any deductible or self-insured 

retention that must be satisfied prior to the payment to Claimant of any settlement by setting off 

any recovery by the amount of any such deductible or self-insured retention. 

4. Claimant agrees that Claim 8-1, and any other claims or proofs of claim filed or to 

be filed by Claimant against the Debtors, their estates, or their successors in these chapter 11 

cases, if any, are, by entry of this Agreed Order, deemed disallowed, and the Debtors’ claims and 

noticing agent, Omni Agent Solutions, and the Clerk of the Court are authorized to take all 

necessary actions to reflect the disallowance of all claims referenced herein on the official claims 

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register for the above-captioned chapter 11 cases. 

5. Nothing in this Agreed Order: (i) alters, modifies, or otherwise amends the terms 

and conditions of, or the coverage provided by, any insurance policies issued at any time to any 

of the Debtors, their affiliates or predecessors of any of the foregoing or of any agreements 

related thereto; (ii) alters or modifies the duty, if any, that any applicable insurer or third party 

administrator has to pay claims covered by any alleged applicable insurance policy; (iii) creates 

or permits a direct right of action by Claimant against any insurers; or (iv) precludes or limits, in 

any way, the rights of any insurer to contest and/or litigate the existence, primacy and/or scope of 

available coverage under any allegedly applicable insurance policy. 

6. Neither party is waiving nor will be deemed to have waived any available claims 

or defenses by entry of this Agreed Order , including at law, equity, or otherwise with respect to 

Claim 8-1, except as otherwise provided in this Agreed Order. 

7. Neither the entry of this Agreed Order nor any negotiations and writings in 

connection with this Agreed Order will, in any way, be construed as or deemed to be evidence of 

or an admission on behalf of any party regarding any claim or right that such party may have 

against the other party. 

8. Each of the Parties hereto represents and warrants that it is duly authorized to 

enter into and be bound by this Agreed Order. 

9. The attorneys for and, as applicable, the other representatives of the Claimant and 

the GUC Trust, represent and warrant that the Claimant and the GUC Trustee have full 

knowledge of, and have consented to, the entry of this Agreed Order. 

10. Neither this Agreed Order, nor any terms contained herein shall be offered in 

evidence in any legal proceeding or administrative proceeding among or between the Parties, 

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other than as may be necessary: (a) to obtain approval of and enforce this Agreed Order, or (b) to 

seek damages or injunctive relief in connection with the enforcement of this Agreed Order. 

11. The Bankruptcy Court retains exclusive jurisdiction with respect to any disputes 

arising from or other actions to interpret, administer, or enforce the terms and provisions of this 

Agreed Order. 

12. This Agreed Order shall not be modified, altered, amended, or vacated without 

written consent of the Parties hereto. Any such modification, alteration, amendment or vacation, 

in whole or in part, shall be subject to the approval of the Bankruptcy Court. 

13. This Agreed Order contains the entire agreement by and between the GUC Trust 

and the Claimant with respect to the subject matter hereof, and all prior understandings or 

agreements, if any, are merged into this Agreed Order. 

# # # 

Submitted by: 

Brian G. Rich, Esq. 

Berger Singerman LLP 

313 N. Monroe Street, Suite 301 

Tallahassee, FL 32301 

Telephone: (850) 561-3010 

Facsimile: (850) 561-3013 

E-mail: brich@bergersingerman.com 

(Brian G. Rich, Esq. is directed to serve this order upon all non-registered users or registered 

users who have yet to appear electronically in these cases and file a conforming certificate of 

service.) 

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