58672142;2 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

www.flsb.uscourts.gov 

IN RE: 

Case No.: 20-23495-SMG (Lead) 

AMERICAN PURCHASING SERVICES, 

LLC d/b/a AMERICAN MEDICAL DEPOT, Case No.: 20-23501-SMG 

DVSS ACQUISITION COMPANY, LLC Case No.: 20-23503-SMG 

AMD PENNSYLVANIA, LLC and Case No.: 20-23504-SMG 

AMERICAN MEDICAL DEPOT 

HOLDINGS, LLC, Chapter 7 Cases 

(Jointly Administered) 

Debtor. 

___________________________________/ 

TRUSTEE’S APPLICATION TO EMPLOY 

EYAL BERGER, ESQ. AND AKERMAN LLP AS GENERAL COUNSEL 

Marc P. Barmat, the Chapter 7 Trustee (the “Trustee”), for the estate of American 

Purchasing Services, LLC d/b/a American Medical Depot (the “Debtor”), respectfully requests an 

order of the court authorizing the employment of Eyal Berger, Esq. and the law firm of Akerman 

LLP (collectively the "Applicant") to represent the Trustee as general counsel in this case effective 

June 21, 2021 and states: 

1. On December 11, 2020, the Debtor filed a voluntary petition for relief under title 

11 of the United States Code. 

2. On June 1, 2021, this case was converted to a case under Chapter 7 of the 

bankruptcy code pursuant to this Court's Order (ECF No. 378). 

3. On June 2, 2021, the Trustee was duly appointed as the Chapter 7 Trustee 

responsible for administering the Debtor's estate and all jointly administered cases1 pursuant to 

Notice (ECF No. 381). 

1 An Order was entered on December 11, 2020 directing joint administration of the following Debtors: i) American 

Purchasing Services, LLC; (ii) DVSS Acquisition Company, LLC; (iii) AMD Pennsylvania, LLC; and (iv) American 

Medical Depot Holdings, LLC (ECF No. 8). 

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58672142;2 

4. The Trustee submits it necessary to employ Applicant as his general bankruptcy 

counsel in this case in order to perform ordinary and necessary legal services required in the 

general administration of this estate. 

5. The Trustee believes that the employment of Applicant would be in the best interest 

of the Estate. 

6. The Trustee has selected Applicant for the reason that he has had considerable 

experience in matters of this character, and believes that said attorneys are qualified to represent 

the Trustee in these proceedings. 

7. Attached to this motion is the proposed Applicant's affidavit disclosing the 

Applicant's possible conflicts and otherwise demonstrating that Eyal Berger, Esq. and the law firm 

of Akerman LLP are disinterested as required by 11 U.S.C. §327(a) and a verified statement as 

required under FRBP 2014. 

8. Applicant has agreed to be compensated in accordance with U.S.C. § 330. 

9. The professional services that Applicant will render are summarized as follows: 

a. to give advice to the Trustee with respect to his powers and duties as 

Trustee; 

b. to advise the Trustee concerning causes of action held by the Trustee and/or 

pursue such causes of action on behalf of the Trustee; 

c. to represent the Trustee in all proceedings before this Court or other Courts 

of competent jurisdiction; 

d. to prepare and review motions, pleadings, orders, applications, adversary 

proceedings, and other legal documents arising in this cause; and 

e. to perform all other legal services for the Trustee, which may be necessary 

herein. 

Case 20-23495-SMG Doc 404 Filed 06/22/21 Page 2 of 13
58672142;2 

10. Subject to Sections 327 and 330 of the Bankruptcy Code, and this Court’s approval, 

Applicant proposes to be compensated at its typical hourly rates charged on matters of this type 

within this District, which rates are subject to change on an annual basis. The hourly rates of the 

attorneys from the Akerman Law Firm who will be working as general bankruptcy counsel on this 

case for this matter are discounted rates of $515 for Eyal Berger, Esq., $350 for Amanda Klopp, 

Esq. and the hourly rate for associates, para-professionals, law clerks ranges from $200 to $300 

per hour. 

11. To the best of the Trustee's knowledge, neither attorney Berger nor Akerman LLP 

have any connection with any interest adverse to the Estate, and are disinterested, as evidenced by 

the Affidavit attached hereto. 

12. Because of the legal services required, the Trustee desires to employ Applicant 

under a general retainer. 

13. The Trustee believes that the retention of Applicant is in the best interest of the 

Estate. 

14. The Trustee believes that Applicant is qualified to practice in the Bankruptcy Court 

and is qualified to advise the Trustee with respect to the professional services detailed in paragraph 

7 herein. 

WHEREFORE, the Trustee respectfully request an Order authorizing the employment of 

Eyal Berger, Esq. and the law firm Akerman LLP to represent the Trustee, pursuant to 11 U.S.C. 

§§ 327(a) and 330. 

Dated: June 21, 2021 By: /s/ Marc P. Barmat

Marc P. Barmat 

2255 Glades Road, Suite 337W, 

Boca Raton, FL 33431 

(561) 395-0400 

barmat.trustee@furrcohen.com 

Case 20-23495-SMG Doc 404 Filed 06/22/21 Page 3 of 13
58672142;2 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on June 22, 2021, I electronically filed the foregoing 

document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document 

is being served this day by transmission of Notices of Electronic Filing generated by CM/ECF to 

those parties registered to receive electronic notices of filing in this case as listed in the attached 

service list. 

By: /s/ Eyal Berger 

Eyal Berger, Esq. 

Florida Bar No. 11069 

Email: eyal.berger@akerman.com

AKERMAN LLP 

201 East Las Olas Boulevard, Suite 1800 

Fort Lauderdale, FL 33301 

Tel: 954-463-2700 

Fax: 954-463-2224 

Proposed General Counsel to Chapter 7 Trustee 

Case 20-23495-SMG Doc 404 Filed 06/22/21 Page 4 of 13
58672142;2 

SERVICE LIST 

20-23495-SMG Notice will be electronically mailed to: 

Joaquin J Alemany on behalf of Creditor Global Procurement Solutions, Inc. 

joaquin.alemany@hklaw.com, jose.casal@hklaw.com 

Joaquin J Alemany on behalf of Creditor Marathon Medical, Inc. 

joaquin.alemany@hklaw.com, jose.casal@hklaw.com 

Joaquin J Alemany on behalf of Creditor Trillamed, LLC 

joaquin.alemany@hklaw.com, jose.casal@hklaw.com 

Joseph M Ammar on behalf of Creditor Stryker Corporation 

ammar@millercanfield.com 

Scott Andron on behalf of Creditor Broward County 

sandron@broward.org, swulfekuhle@broward.org 

Marc P Barmat 

barmat.trustee@furrcohen.com, mpb@trustesolutions.net 

Paul J. Battista, Esq on behalf of Creditor WC AMD, LLC 

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

Henry H Bolz on behalf of Creditor ICP Medical LLC 

hbolz@polsinelli.com, 

robrien@polsinelli.com;LBugliaro@polsinelli.com;kbishop@polsinelli.com;FLdocketing@polsinelli.com 

John M Brennan, Jr on behalf of Creditor Committee Creditors Committee 

jack.brennan@gray-robinson.com, jessica.rolon@gray-robinson.com 

David C. Cimo, Esq on behalf of Creditor Committee Creditors Committee 

dcimo@cmmlawgroup.com, mmark@cmmlawgroup.com;ekelly@cmmlawgroup.com;ekelly@ecf.courtdrive.com 

Drew M Dillworth on behalf of Creditor Wells Fargo Bank, N.A. 

ddillworth@stearnsweaver.com, 

mfernandez@stearnsweaver.com;jless@stearnsweaver.com;dillworthcdp@ecf.epiqsystems.com;cgraver@stearnswe

aver.com;fsanchez@stearnsweaver.com 

Heidi A Feinman on behalf of U.S. Trustee Office of the US Trustee 

Heidi.A.Feinman@usdoj.gov 

Brian T FitzGerald, Esq on behalf of Creditor Hillsborough County Tax Collector 

fitzgeraldb@hillsboroughcounty.org, connorsa@hillsboroughcounty.org;stroupj@hillsboroughcounty.org 

Michael A Froehlich on behalf of Creditor 3 R Resources, Inc. 

mfroehlich@mmclegal.net 

Joe M. Grant, Esq. on behalf of Creditor Zeta Associates, LLC 

jgrant@loriumlaw.com, jenna-munsey6083@ecf.pacerpro.com;efile@marshallgrant.com;mg197ecfbox@gmail.com 

Richard Eugene Hettinger on behalf of Creditor Travis Association for the Blind 

rhettinger@dtrglaw.com 

Case 20-23495-SMG Doc 404 Filed 06/22/21 Page 5 of 13
58672142;2 

Kandi K Hidde on behalf of Creditor Bosma Industries for the Blind, Inc. d/b/a Bosma Enterprises 

khidde@fbtlaw.com 

Edward M King on behalf of Creditor Bosma Industries for the Blind, Inc. d/b/a Bosma Enterprises 

tking@fbtlaw.com, tking@ecf.inforuptcy.com 

Jerry M Markowitz on behalf of Mediator Jerry M. Markowitz 

jmarkowitz@mrthlaw.com, 

ycandia@mrthlaw.com,rrubio@mrthlaw.com,mrthbkc@gmail.com,gruiz@mrthlaw.com,markowitzjr73991@notify.

bestcase.com,jmarkowitz@ecf.courtdrive.com 

Office of the US Trustee 

USTPRegion21.MM.ECF@usdoj.gov 

Grace E. Robson, Esq. on behalf of Interested Party ePlus Government, inc. 

grobson@mrthlaw.com, mrthbkc@gmail.com,lgener@mrthlaw.com,grobson@ecf.courtdrive.com 

Mark S. Roher, Esq. on behalf of Interested Party Patents on Demand PA 

mroher@markroherlaw.com, ECF.markroherlaw@gmail.com;ECF2.markroherlaw@gmail.com 

Mark S. Roher, Esq. on behalf of Interested Party Brian Buchheit 

mroher@markroherlaw.com, ECF.markroherlaw@gmail.com;ECF2.markroherlaw@gmail.com 

Mark S. Roher, Esq. on behalf of Plaintiff Patents on Demand PA 

mroher@markroherlaw.com, ECF.markroherlaw@gmail.com;ECF2.markroherlaw@gmail.com 

Robin J. Rubens, Esq. on behalf of Debtor AMD Pennsylvania, LLC 

rrubens@bergersingerman.com, 

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

Robin J. Rubens, Esq. on behalf of Debtor American Medical Depot Holdings, LLC 

rrubens@bergersingerman.com, 

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

Robin J. Rubens, Esq. on behalf of Debtor American Purchasing Services, LLC d/b/a American Medical Depot 

rrubens@bergersingerman.com, 

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

Robin J. Rubens, Esq. on behalf of Debtor DVSS Acquisition Company, LLC 

rrubens@bergersingerman.com, 

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

Robin J. Rubens, Esq. on behalf of Interested Party AMD Pennsylvania, LLC 

rrubens@bergersingerman.com, 

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

Robin J. Rubens, Esq. on behalf of Interested Party American Medical Depot Holdings, LLC 

rrubens@bergersingerman.com, 

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

Robin J. Rubens, Esq. on behalf of Interested Party DVSS Acquisition Company, LLC 

rrubens@bergersingerman.com, 

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

Mark A Salzberg on behalf of Interested Party SOLIC AMD Investco, LLC 

mark.salzberg@squirepb.com, shannon.munsell@squirepb.com;FLA_DCKT@squirepb.com;mark-a-salzbergCase 20-23495-SMG Doc 404 Filed 06/22/21 Page 6 of 13
58672142;2 

2003@ecf.pacerpro.com;Gregory.davis@squirepb.com 

Mark A Salzberg on behalf of Interested Party SOLIC Capital Advisors, LLC 

mark.salzberg@squirepb.com, shannon.munsell@squirepb.com;FLA_DCKT@squirepb.com;mark-a-salzberg2003@ecf.pacerpro.com;Gregory.davis@squirepb.com 

Robert A. Schatzman, Esq. on behalf of Creditor Committee Creditors Committee 

robert.schatzman@gray-robinson.com, Ana.Marmanillo@gray-robinson.com;Amador.Ruiz-Baliu@grayrobinson.com 

Eric J Silver on behalf of Creditor Wells Fargo Bank, N.A. 

esilver@stearnsweaver.com, 

jless@stearnsweaver.com;larrazola@stearnsweaver.com;cgraver@stearnsweaver.com;mfernandez@stearnsweaver.c

om;Atty_arrazola@bluestylus.com 

Paul Steven Singerman, Esq on behalf of Debtor AMD Pennsylvania, LLC 

singerman@bergersingerman.com, 

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

Paul Steven Singerman, Esq on behalf of Debtor American Medical Depot Holdings, LLC 

singerman@bergersingerman.com, 

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

Paul Steven Singerman, Esq on behalf of Debtor American Purchasing Services, LLC d/b/a American Medical 

Depot 

singerman@bergersingerman.com, 

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

Paul Steven Singerman, Esq on behalf of Debtor DVSS Acquisition Company, LLC 

singerman@bergersingerman.com, 

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

Paul Steven Singerman, Esq on behalf of Interested Party AMD Pennsylvania, LLC 

singerman@bergersingerman.com, 

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

Paul Steven Singerman, Esq on behalf of Interested Party American Medical Depot Holdings, LLC 

singerman@bergersingerman.com, 

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

Paul Steven Singerman, Esq on behalf of Interested Party DVSS Acquisition Company, LLC 

singerman@bergersingerman.com, 

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

Steven J. Solomon, Esq. on behalf of Creditor Committee Creditors Committee 

steven.solomon@gray-robinson.com, Ana.Marmanillo@gray-robinson.com;Amador.Ruiz-Baliu@grayrobinson.com 

Steven J. Solomon, Esq. on behalf of Creditor Committee Steven J. Solomon 

steven.solomon@gray-robinson.com, Ana.Marmanillo@gray-robinson.com;Amador.Ruiz-Baliu@grayrobinson.com 

Steven J. Solomon, Esq. on behalf of Financial Advisor Charles M. Berk 

steven.solomon@gray-robinson.com, Ana.Marmanillo@gray-robinson.com;Amador.Ruiz-Baliu@grayrobinson.com 

Morris D. Weiss on behalf of Creditor AvMed Supply, LLC 

Case 20-23495-SMG Doc 404 Filed 06/22/21 Page 7 of 13
58672142;2 

morris.weiss@wallerlaw.com, sherri.savala@wallerlaw.com;annmarie.jezisek@wallerlaw.com 

J. Steven Wilkes on behalf of U.S. Trustee Office of the US Trustee 

steven.wilkes@usdoj.gov 

Stuart F Wilson-Patton on behalf of Creditor TN Dept of Human Services 

stuart.wilson-patton@ag.tn.gov 

John R Yant on behalf of Creditor Johnson & Johnson Health Care Systems Inc. 

ryant@carltonfields.com, dlester@carltonfields.com;kathompson@carltonfields.com 

Case 20-23495-SMG Doc 404 Filed 06/22/21 Page 8 of 13
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58674539;2 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

www.flsb.uscourts.gov 

IN RE: 

Case No.: 20-23495-SMG (Lead) 

AMERICAN PURCHASING SERVICES, 

LLC d/b/a AMERICAN MEDICAL DEPOT, Case No.: 20-23501-SMG 

DVSS ACQUISITION COMPANY, LLC Case No.: 20-23503-SMG 

AMD PENNSYLVANIA, LLC and Case No.: 20-23504-SMG 

AMERICAN MEDICAL DEPOT 

HOLDINGS, LLC, Chapter 7 Cases 

(Jointly Administered) 

Debtor. 

___________________________________/ 

SWORN DECLARATION OF DISINTERESTEDNESS OF PROPOSED 

GENERAL COUNSEL FOR CHAPTER 7 TRUSTEE

1. I am an attorney admitted to practice in the State of Florida and the United States 

District Court for the Southern District of Florida. 

2. I am a partner with the law firm of Akerman LLP (“Akerman”), with offices located 

at 350 E. Las Olas Boulevard, Suite 1600, Fort Lauderdale, FL 33301. I am familiar with the 

matters set forth herein and make this Affidavit in support of the Chapter 7 Trustee's Application 

To Employ Eyal Berger, Esq. and Akerman, LLP as General Counsel Effective June 17, 2021.

3. Neither Akerman nor I represent any interest adverse to the Chapter 7 Trustee (the 

“Trustee”) or the Estate related to the litigation claims the Trustee seeks to retain Akerman to 

investigate and potentially prosecute, and thus we are “disinterested persons” as required by 11 

U.S.C. § 327 for this limited role. 

4. Neither Akerman nor I will represent any other entity in connection with this case 

and neither I nor the firm will accept any fee from any other party or parties in this case, except 

the Chapter 11 Trustee, unless otherwise authorized by the Court. 

Case 20-23495-SMG Doc 404 Filed 06/22/21 Page 9 of 13
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58674539;2 

5. Except for the continuing representation of the Trustee and as otherwise disclosed 

herein, neither I nor Akerman hold any connections with the Debtor, creditors, any other party in 

interest, their respective attorneys, accountants, the U.S. Trustee, or any person employed by the 

Office of the U.S. Trustee as required by F.R.B.P. 2014. 

6. Akerman maintains a computerized conflicts check system. Akerman has compared 

the information obtained thereby with the information contained in its client and adverse party 

conflict check system. The facts stated in this Affidavit as to the relationship between Akerman 

and the Debtor, the Debtor's creditors, the United States Trustee, other persons employed by the 

Office of the United States Trustee, and those persons and entities who are defined as disinterested 

persons in Section 101(4) of the Bankruptcy Code, are based on the results of my review of 

Akerman's conflict check system. Based upon such search, Akerman does not represent any entity 

in any matter involving or adverse to the Trustee or which would constitute a conflict of interest 

or impair the disinterestedness of Akerman in respect to the matters upon which the Trustee 

proposes to engage Akerman to represent it herein. 

7. Akerman's client and adverse party conflicts check system is comprised of records 

regularly maintained in the business of the firm and it is the regular practice of the firm to make 

and maintain those records. The system reflects entries that are noted in the system at the time the 

information becomes known by persons who regular duties include recording and maintaining this 

information. I regularly use and rely upon the information contained in the system in the 

performance of my duties with Akerman and in my practice of law. 

8. A preliminary search of Akerman's conflicts check system did not reveal any 

representations that impairs my or Akerman's disinterestedness or constitutes any conflict of 

interest. Akerman shall supplement this affidavit on an immediate basis to the extent it discovers 

Case 20-23495-SMG Doc 404 Filed 06/22/21 Page 10 of 13
3 

58674539;2 

any potential conflicts related to its prior representations or existing representations of a party with 

an adverse interest against the Estate. 

9. A search of Akerman's conflicts check system revealed the following prior or 

existing clients represented by Akerman on other matters, which does not impair my or Akerman's 

disinterestedness or constitute any conflict of interest: 

a. AT&T is listed on the Debtor's Schedules. Akerman has in the past and/or 

currently represents AT&T and/or certain of its affiliates or related entities in matters wholly 

unrelated to this bankruptcy case. 

b. ADT Security Services is listed on the Debtor's Schedules. Akerman has in 

the past and/or currently represents ADT Security Services in matters wholly unrelated to this 

bankruptcy case. 

c. Alcon Laboratories, Inc. is listed on the Debtor's Schedules. Akerman has 

in the past and/or currently represents Alcon Laboratories, Inc. in matters wholly unrelated to this 

bankruptcy case. 

d. Amazon.com is listed on the Debtor's Schedules. Akerman has in the past 

and/or currently represents Amazon.com and/or certain of its affiliates or related entities in matters 

wholly unrelated to this bankruptcy case. 

e. American Express is listed on the Debtor's Schedules. Akerman has in the 

past and/or currently represents American Express and/or certain of its affiliates or related entities 

in matters wholly unrelated to this bankruptcy case. 

f. MB Financial Bank, N.A. is listed on the Debtor's Schedules. Akerman has 

in the past and/or currently represents MB Financial Bank, N.A. and/or certain of its affiliates or 

related entities in matters wholly unrelated to this bankruptcy case. 

Case 20-23495-SMG Doc 404 Filed 06/22/21 Page 11 of 13
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58674539;2 

g. Wynnchurch Capital, LLC is listed on the Debtor's Schedules. Akerman has 

in the past and/or currently represents Wynnchurch Capital, LLC in matters wholly unrelated to 

this bankruptcy case. 

h. Wells Fargo Bank, N.A. is listed on the Debtor's Schedules. Akerman has 

in the past and/or currently represents Wells Fargo Bank, N.A. and/or certain of its affiliates or 

related entities in matters wholly unrelated to this bankruptcy case. 

10. To the extent I learn of any additional creditors of the Debtor's estate that have been 

or are represented by Akerman on unrelated matters, I will supplement the disclosures contained 

herein as required pursuant to Fed. R. Bankr. P. 2014. 

11. In the event and to the extent that the Trustee is involved in litigation with a 

conflicted party, the Trustee will utilize conflict counsel in regard to such litigation and Akerman 

will not be involved in any such litigation. 

12. The professional fees and costs incurred by Akerman in the course of its 

representation of the Trustee shall be subject in all respects to the application and notice 

requirements of 11 U.S.C. §§ 330 and 331 and F.R.B.P. 2014 and 2016. 

13. The hourly rates for attorneys at Akerman that may work on this matter, range from 

$250.00 to $800.00. 

14. The Akerman Law Firm has agreed to provide the Trustee and the Debtor's estate 

discounted hourly rates for this engagement as follows: (i) Eyal Berger, Esq. shall charge a 

discounted hourly rate in the amount of $515.00; (ii) Amanda Klopp, Esq. shall charge a 

discounted hourly rate in the amount of $350.00; and (iii) all other partners, associates, and paraprofessionals shall discount their regular rates hourly rates by 10%. 

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15. There is no agreement of any nature, other than the shareholder agreement of our 

firm, as to the sharing of any compensation to be paid to the firm. No promises have been received 

by Akerman, nor any member, or associate thereof, as to the compensation in connection with this 

case other than in accordance with the provisions of the Bankruptcy Code. 

16. This concludes my declaration. 

28 U.S.C. § 1746 Declaration 

I declare under penalty of perjury that the foregoing is true and correct. Executed on June 

21, 2021. 

 /s/ Eyal Berger

EYAL BERGER 

Case 20-23495-SMG Doc 404 Filed 06/22/21 Page 13 of 13