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BUCHANAN INGERSOLL & ROONEY PC :: One Biscayne Tower :: Two South Biscayne Boulevard, Suite 1500 :: Miami, FL 33131-1822 :: T 305 347 4080 :: F 305 347

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

www.flsb.uscourts.gov 

In re: 

HARRY B. GREENHOUSE, 

 Debtor. / 

Case No.: 21-12844-AJC 

Chapter 11 

DEBTOR’S MOTION TO (I) SET A CONFIRMATION HEARING 

(II) EXTEND RELATED DEADLINES AND (III) RENEWING ITS 

REQUEST TO HOLD CONFIRMATION HEARING VIA ZOOM 

Hearing Requested on October 06, 2021 at 2 p.m.1

HARRY B. GREENHOUSE (the “Debtor”), as debtor-in-possession, by and through 

undersigned counsel, respectfully moves to: (i) set a hearing date for confirmation of the 

Debtor’s Chapter 11 Plan of Reorganization, (ii) extend the related deadlines, and (ii) renews its 

request to hold such Confirmation Hearing (defined below) via the Zoom video platform (the 

“Motion”), and in support thereof states as follows: 

Procedural History 

1. On March 26, 2021, the Debtor commenced this case by filing a voluntary 

petition for relief under Chapter 11, Subchapter V of the Bankruptcy Code (the “Petition Date”). 

2. The Debtor is managing his affairs as a debtor-in-possession pursuant to sections 

1107(a) and 1108 of the Bankruptcy Code. 

3. On March 29, 2021, Linda Marie Leali was appointed as Subchapter V Trustee of 

this case [ECF# 12] (the “Subchapter V Trustee”). No other trustee, examiner, or statutory 

committee has been appointed in this case. 

                                                            

1

 At which time the Court currently has a Status Conference scheduled [ECF # 270]. 

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BUCHANAN INGERSOLL & ROONEY PC :: One Biscayne Tower :: Two South Biscayne Boulevard, Suite 1500 :: Miami, FL 33131-1822 :: T 305 347 4080 :: F 305 347

4. On June 23, 2021, the Debtor filed his Chapter 11 Small Business Subchapter V 

Plan of Reorganization of Harry Greenhouse [ECF# 150] (the “Plan”). 

5. On June 28, 2021, the Court entered the Order (I) Setting Hearing on 

Confirmation of Individual Debtor’s Subchapter V Plan, (II) Setting Hearing on Fee 

Applications; (III) Describing Various Deadlines; and (IV) Describing Debtors’ Obligations (the 

“Scheduling Order”) [ECF# 153]. The Scheduling Order originally set a hearing on the 

confirmation of the Debtor’s Plan for August 17, 2021 (the “Confirmation Hearing”). 

6. On August 2, 2021, the Debtor filed an Ex Parte Motion to Continue Hearing 

[ECF#194] on Confirmation of Subchapter V Plan [ECF# 150] and to Extend Time Related

Deadlines for 30 to 45 days. Creditors, Polychain Fund I LP and Polychain Partners LLC 

(“Polychain”) filed a response [ECF# 199] requesting that the Confirmation Hearing be set at a 

later date in order to conduct discovery. 

7. On August 4, 2021, this Court entered an order re-setting the Confirmation 

Hearing for September 23, 2021 [ECF #200]. 

8. On August 19, 2021, the Debtor filed an Unopposed Ex-Parte Motion to Conduct 

Confirmation Hearing Via Zoom [ECF #220], in light of the current scheduling of the 

Confirmation Hearing telephonically via Court Solutions and in consideration of the likelihood 

that such Confirmation Hearing will be contested in nature, requiring the introduction of 

documents and live oral testimony into evidence (the “Zoom Motion”). 

9. On August 24, 2021, the Court held a hearing on the Zoom Motion, and on 

August 26, 2021, entered an order cancelling the Confirmation Hearing and instead scheduling a 

status conference at that date and time (the “Status Conference”) [ECF# 225]. 

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BUCHANAN INGERSOLL & ROONEY PC :: One Biscayne Tower :: Two South Biscayne Boulevard, Suite 1500 :: Miami, FL 33131-1822 :: T 305 347 4080 :: F 305 347

10. On September 3, 2021, Debtor’s filed an Unopposed Ex Parte Motion to Extend 

Time for Confirmation Deadlines [ECF# 229], which was granted by this Court in an order 

[ECF# 234] on September 8, 2021, which extended all confirmation associated deadlines in 

accordance with a “to be noticed” rescheduled Confirmation Hearing. 

11. On September 9, 2021, Polychain re-noticed the continued depositions of the 

Debtor for October 13, 2021 [ECF #253] and that of the Debtor’s financial advisor, Soneet 

Kapila, for October 20, 2021 [ECF #255]. 

Debtor’s Substitution of Counsel 

12. In early September 2021, the Debtor underwent an unanticipated transition of 

counsel, which inevitably has caused some delay in the administration of the Debtor’s case. 

13. On September 20, 2021, the Debtor filed his Expedited Application for Approval, 

on an Interim and Final Basis, for the Substitution and Employment of John D. Emmanuel, Esq. 

and Buchanan Ingersoll & Rooney PC as General Bankruptcy Counsel for the Debtor-inPossession, Effective as of September 15, 2021 (the “Substitution Motion”) [EC #265]. 

14. The Court held a hearing on the Debtor’s Substitution Motion at the Status 

Conference. 

15. On September 30, 2021, this Court entered an order granting Debtor’s 

Substitution Motion and approving John D. Emmanuel, Esq. and Buchanan Ingersoll & Rooney 

(“Buchanan”) as Debtor’s general bankruptcy counsel on an interim and final basis [ECF #272]. 

16. Since retaining Buchanan as his general bankruptcy counsel, the Debtor has been 

evaluating and considering possible amendments to the Plan. Additionally, the Debtor is in the 

midst of resolving tax issues related to his 2020 tax return and associated liabilities, in addition 

to seeking to finalize the terms of the Debtor’s divorce, including alimony and support payments. 

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BUCHANAN INGERSOLL & ROONEY PC :: One Biscayne Tower :: Two South Biscayne Boulevard, Suite 1500 :: Miami, FL 33131-1822 :: T 305 347 4080 :: F 305 347

Lastly, the Debtor and Buchanan are in the process of further investigating the valuations and 

transferability of certain of the Debtor’s assets. 

17. Resolution of all the above matters are essential to the re-formulation of the Plan. 

To date, no new Confirmation Hearing date has been scheduled. 

Relief Requested 

18. Buchanan is undertaking its best efforts to address all Parties’ concerns and issues 

with the existing Plan, outstanding discovery and other pending issues. 

19. In order to ensure Plan confirmation by the end of 2021, the Debtor seeks entry of 

a scheduling order similarly in the form attached hereto as Exhibit “A” resetting the 

Confirmation Hearing of the Debtor’s Plan to the week of Thanksgiving, 2021 and extending the 

related deadlines commensurate with the new rescheduled Confirmation Hearing. 

20. Additionally, through this Motion, the Debtor renews its Zoom Motion. In light of 

the Covid-19 related court closures and the resurgence of the virus through its associated 

variants, and in order to contain fees and costs associated with potential travel related 

expenditures for Parties and attorneys located outside of Miami-Dade County, Florida, the 

Debtor and his counsel believe it most prudent to hold the Confirmation Hearing via remote 

video platform. 

21. While the hearings in this matter have been handled adequately via Court 

Solutions to date, none of those hearings have been evidentiary in nature requiring the 

introduction of documents and examination of the Parties’ witnesses for the Court’s 

consideration. In order to present the necessary evidence to support confirmation of the Debtor’s 

Plan, the Debtor and other Parties must be provided with a fulsome opportunity to put forth 

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BUCHANAN INGERSOLL & ROONEY PC :: One Biscayne Tower :: Two South Biscayne Boulevard, Suite 1500 :: Miami, FL 33131-1822 :: T 305 347 4080 :: F 305 347

evidence and cross-examine any witnesses, which requires visual contact and accessibility to the 

Court and its participants. 

22. Currently, Bankruptcy Courts in our district have successfully confirmed many 

Chapter 11 cases and have skillfully adjudicated evidentiary matters via Zoom since March of 

2020, and the Debtor respectfully requests that the Court in this matter similarly employ the 

same cost effective, safe and efficient alternative. 

WHEREFORE, the Debtor respectfully requests that this Court enter an order 

substantially in the form attached as Exhibit “A” to this Motion: (i) granting this Motion, (ii) 

setting a Confirmation Hearing of the Debtor’s Plan in November of 2021 to be held via the 

Zoom web platform; (iii) setting the related deadlines commensurate with the new Confirmation 

Hearing date, and (iv) providing any further relief as the Court may deem equitable and 

appropriate. 

Dated this 2nd day of October, 2021. 

BUCHANAN INGERSOLL & ROONEY PC 

Counsel for the Debtor in Possession 

2 South Biscayne Blvd., Suite 1500 

Miami, FL 33131 

Telephone: (305) 347-4080 

Facsimile: (305) 347-4089 

By: /s/ Nicole Grimal Helmstetter 

John D. Emmanuel 

Florida Bar No: 0475572 

Email: John.Emmanuel@bipc.com

Nicole Grimal Helmstetter 

Florida Bar No: 86937 

Email: Nicole.Helmstetter@bipc.com

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BUCHANAN INGERSOLL & ROONEY PC :: One Biscayne Tower :: Two South Biscayne Boulevard, Suite 1500 :: Miami, FL 33131-1822 :: T 305 347 4080 :: F 305 347

CERTIFICATE OF SERVICE 

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

Notices of Electronic Filing generated by CM/ECF to those parties registered to receive 

electronic notices of filing in this case on October 2, 2021. 

By: /s/ Nicole Grimal Helmstetter 

Nicole Grimal Helmstetter 

Florida Bar No: 86937 

Case 21-12844-RAM Doc 274 Filed 10/02/21 Page 6 of 11
Exhibit “A” 

PROPOSED ORDER 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

www.flsb.uscourts.gov 

In re: 

HARRY B. GREENHOUSE, 

 Debtor. / 

Case No.: 21-12844-AJC 

Chapter 11 

ORDER GRANTING DEBTOR’S MOTION TO (I) SET A CONFIRMATION HEARING 

(II) EXTEND RELATED DEADLINES AND (III) RENEWING ITS 

REQUEST TO HOLD CONFIRMATION HEARING VIA ZOOM 

THIS MATTER came before the Court upon the Debtor’s Motion to (I) Set a Confirmation 

Hearing (II) Extend Related Deadlines and (III) Renewing its Request to Hold Confirmation 

Hearing Via Zoom (the “Motion”) 1 [ECF# ___]. The Court, having reviewed the Motion and 

noting that no objections to the Motion were filed or raised at the Hearing, FINDS that sufficient 

                                                            

1

 All capitalized terms not expressly defined herein shall bear the meaning ascribed to them in the Agreed Motion. 

Case 21-12844-RAM Doc 274 Filed 10/02/21 Page 7 of 11
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cause exists to reset the confirmation deadlines in accordance with 11 U.S.C. § 1129(e) and 11 

U.S.C. § 1121(e), and finding good cause therefor, the Court ORDERS as follows: 

1. The Motion is GRANTED and a Confirmation Hearing is set for Monday, 

November 22, 2021 at 2:00 p.m. The Confirmation Hearing will be conducted via Zoom. To 

register for the video conference, click on the following link or manually enter the following link in 

a browser. https://www.zoomgov.com/meeting/register/vJItdu2sqj4jEs61lSKYVCAROJRVlo23tnk

2. The confirmation deadlines are continued commensurate with the continued 

Confirmation Hearing as follows: 

CONFIRMATION HEARING AND HEARING ON FEE APPLICATIONS 

NOVEMBER 22, 2021 AT 2:00 P.M. 

LOCATION: 

https://www.zoomgov.com/meeting/register/vJItdu2sqj4jEs61lSKYVCAROJRVlo23tnk 

PROPONENT'S DEADLINE FOR SERVING THIS ORDER, PLAN, AND BALLOT(S): 

October 25, 2021 (28 days before Confirmation Hearing) 

DEADLINE FOR OBJECTIONS TO CLAIMS: 

November 8, 2021 (14 days before Confirmation Hearing) 

DEADLINE FOR FEE APPLICATIONS: 

November 1, 2021 (21 days before Confirmation Hearing) 

DEADLINE FOR FILING BALLOTS ACCEPTING OR REJECTING PLAN: 

November 10, 2021 (seven business days before Confirmation Hearing) 

DEADLINE FOR OBJECTIONS TO CONFIRMATION: 

November 17, 20, 2021 (three business days before Confirmation Hearing) 

Case 21-12844-RAM Doc 274 Filed 10/02/21 Page 8 of 11
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PROPONENT'S DEADLINE FOR FILING 

PROPONENT'S REPORT AND CONFIRMATION AFFIDAVIT: 

November 17, 2021 (three business days before Confirmation Hearing) 

DEADLINE FOR INDIVIDUAL DEBTOR TO FILE “CERTIFICATE FOR CONFIRMATION 

REGARDING PAYMENT OF DOMESTIC SUPPORT OBLIGATIONS AND FILING OF 

REQUIRED TAX RETURNS”: 

November 17, 2021 (three business days before Confirmation Hearing) 

On June 23, 2021, Harry Beck Greenhouse (the “Debtor”) filed the Plan [ECF No. 150] (the 

“Plan”) pursuant to 11 U.S.C. § 1189. The Court having considered the Plan and the record in this 

case, ORDERS that: 

A. DEADLINE FOR FILING BALLOTS ACCEPTING OR REJECTING PLAN 

Pursuant to Local Rule 3018-1, November 15, 2021 is fixed as the last day for filing written 

acceptances or rejections of the plan referred to above (seven business days before hearing on 

confirmation of the plan (“Confirmation Hearing”)). 

B. OBLIGATIONS OF THE DEBTOR 

(1) On or before the date indicated above as “DEBTOR’S DEADLINE FOR SERVING 

THIS ORDER, PLAN, AND BALLOT(S)” the Debtor must serve a copy of this Order and the Plan 

on all creditors, all equity security holders, the Subchapter V Trustee, the United States Trustee and 

all other parties in interest, as required by Interim Bankruptcy Rule of Procedure 3017.2 and Federal 

Rule of Bankruptcy Procedure 2002(b) including without limitation those listed on the “Master 

Service List” if required to be filed pursuant to Local Rule 2002-1(H)). At the time of serving this 

Order, the Local Form “Ballot and Deadline for Filing Ballot Accepting or Rejecting Plan,” must be 

served via U.S. Mail on all creditors and equity security holders entitled to vote on the Plan. 

(2) On or before 5:00 p.m. on the date indicated above as “DEADLINE FOR DEBTOR 

TO FILE REPORT OF PLAN PROPONENT AND CONFIRMATION AFFIDAVIT,” the Debtor 

must file with the Court the Local Form “Certificate of Proponent of Plan on Acceptance of Plan, 

Report on Amount to be Deposited, Certificate of Amount Deposited and Payment of Fees,” and the 

Local Form “Confirmation Affidavit.” The “Confirmation Affidavit” must set forth the facts upon 

which the Debtor will rely to satisfy each of the requirements of 11 U.S.C. § 1191. The 

“Confirmation Affidavit” should be prepared so that by reading it the Court can easily understand 

the significant terms of the Plan and other material facts relating to confirmation of the Plan. The 

individual executing the “Confirmation Affidavit” must be present at the Confirmation Hearing. 

(3) If the Debtor does not timely comply with any of the requirements of this Order, the 

Court may impose sanctions at the Confirmation Hearing, without further notice, including 

dismissal, conversion of the case to chapter 7, or the striking of the Plan. At the Confirmation 

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Hearing, the Court may also consider dismissal or conversion for other cause shown at the request 

of any party in interest or on the Court's own motion. 

C. HEARING TO CONSIDER CONFIRMATION OF PLAN 

The hearing on confirmation of the Plan has been set for the date and time indicated above 

as “CONFIRMATION HEARING AND HEARING ON FEE APPLICATIONS.” The 

Confirmation Hearing may be continued to a future date or dates by notice given in open court at 

the initial Confirmation Hearing or at any continuance thereof. 

D. DEADLINE FOR FILING OF OBJECTIONS TO CONFIRMATION OF 

PLAN 

The last day for filing and serving objections to confirmation of the Plan is indicated above 

as “DEADLINE FOR FILING OBJECTIONS TO CONFIRMATION.” 

E. DEADLINE FOR OBJECTIONS TO CLAIMS 

The last day for filing and serving objections to claims is indicated above as “DEADLINE 

FOR FILING OBJECTIONS TO CLAIMS.” All objections to claims must be filed before this date 

unless the deadline is extended by other or further order of this Court. 

F. DEADLINE FOR FILING AND HEARING ON FEE APPLICATIONS 

The last day for filing and serving fee applications is indicated above as “DEADLINE FOR 

FILING FEE APPLICATIONS.” All prospective applicants for compensation, including attorneys, 

accountants, and other professionals, must file applications which include actual time and costs, 

plus an estimate of additional time and costs to be incurred through the date of the Confirmation 

Hearing. At or prior to the Confirmation Hearing, each applicant must file a supplement with 

documentation supporting the estimated time and costs. Fee applications must be timely filed with 

the Court and served (with all exhibits including documentation of estimated time) on (i) the 

Debtor; (ii) the Subchapter V Trustee; and (iii) the United States Trustee. 

Fee applications will be heard at the Confirmation Hearing. 

G. DEADLINE FOR INDIVIDUAL DEBTOR TO FILE “CERTIFICATE FOR 

CONFIRMATION REGARDING PAYMENT OF DOMESTIC SUPPORT 

OBLIGATIONS AND FILING OF REQUIRED TAX RETURNS”: 

Each individual Debtor must file, on or before the date indicated above as “DEADLINE 

FOR INDIVIDUAL DEBTOR(S) TO FILE ‘CERTIFICATE FOR CONFIRMATION 

REGARDING PAYMENT OF DOMESTIC SUPPORT OBLIGATIONS AND FILING OF 

REQUIRED TAX RETURNS,’” the Local Form “Certificate for Confirmation Regarding Payment 

of Domestic Support Obligations and Filing of Required Tax Returns.” 

# # # 

 

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Submitted By: 

John D. Emmanuel 

Florida Bar No: 0475572 

Nicole Grimal Helmstetter 

Florida Bar No: 86937 

BUCHANAN INGERSOLL & ROONEY PC 

Counsel for the Debtor in Possession 

2 South Biscayne Blvd., Suite 1500 

Miami, FL 33131 

Nicole.Helmstetter@bipc.com 

Telephone: (305) 347-4080 

Facsimile: (305) 347-4089 

Order Copy to: Nicole Grimal Helmstetter, Esq., who is directed to serve a conforming copy of this 

order on all interested parties. 

4842-1693-0300, v. 3

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