4849-8684-0796

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

www.flsb.uscourts.gov

IN RE: CASE NO.: 20-20024-EPK

TM HEALTHCARE HOLDINGS, LLC, et al., (Jointly Administered) 

 CHAPTER 11 

 

Debtor. /

LIMITED OBJECTION TO FIRST INTERIM APPLICATION FOR COMPENSATION 

AND REIMBURSEMENT OF EXPENSES OF GREGG F. STEWART AND RINNOVO 

MANAGEMENT LLC AS CHIEF RESTRUCTURING OFFICER FOR THE DEBTORS

 COMES NOW, Eric M. Huebscher, the patient care ombudsman appointed in the abovecaptioned chapter 11 case of Debtor TM Healthcare Holdings, LLC, et al. (the “PCO”), and files 

this limited objection (the “Limited Objection”) to the First Interim Application for Compensation 

and Reimbursement of Expenses of Gregg F. Stewart and Rinnovo Management LLC as Chief 

Restructuring Officer for the Debtors (Dkt. No. 220 - the “Fee Application”), and states as follows: 

1. The employment of Gregg F. Stewart and Rinnovo Management LLC as Chief 

Restructuring Officer (the “CRO”) for the Debtors as approved by the Court in a Final Order 

Approving Debtors’ Application to Employ Chief Restructuring Officer entered on November 5, 

2020 (Dkt. No. 135 – the “CRO Employment Order”). 

2. Pursuant to the CRO Employment Order, the Debtors are authorized to the pay the 

CRO on a monthly basis. However, the CRO is required to apply for compensation and 

reimbursement of costs, pursuant to 11 U.S.C. §§ 330 and 331 no less than once every three 

months. Any payments made to the Firm for compensation and reimbursement of costs are subject 

to the approval of this Court pursuant to 11 U.S.C. §§ 330 and 331. 

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3. The CRO filed its Fee Application on January 22, 2021, indicating that for the 

“Application Period” (defined in the Fee Application as the period from September 17, 2020 

through December 31, 2020), the CRO is seeking fees totaling $165,562.50, and has already been 

paid 80% of the CRO’s fees through November 30, 2020, totaling $90,330.00, as of the filing of 

the Fee Application. The PCO has requested that the CRO provide information regarding whether 

or not the CRO has been paid for the month of December, but has received no response to this 

inquiry. Accordingly, it is unknown whether the CRO has been paid his authorized December fees. 

4. The PCO does not object to the amount of fees sought nor any specific line item in 

the Fee Application. However, the PCO does object to the granting of the Fee Application to the 

extent the CRO seeks reimbursement of fees and expenses prior to the payment of the PCO’s 

authorized fees (see Dkt. No. 150) and the fees and expenses of the PCO’s counsel that have been 

approved by this Court (see Dkt. No. 208). Specifically, the PCO’s fees and expenses for the month 

of December of 2020 and January of 2021 have not been paid as of the date of this Limited 

Objection, and the approved fees of the PCO’s counsel through November 30, 2020 have not been 

paid as of the date of this Limited Objection. The PCO has inquired of the CRO as to the timing 

of these payments and the CRO has been unwilling to commit to any timing with regard to the 

authorized payments to the PCO and his counsel. Any order approving the Fee Application should 

provide that the PCO’s fees should not receive preferential treatment vis-a-via the professional 

fees of the PCO and his counsel. 

 

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Dated: February 16, 2021 

/s/ Zachary J. Bancroft 

Zachary J. Bancroft 

Fla. Bar No. 0145068 

BAKER, DONELSON, BEARMAN, 

 CALDWELL & BERKOWITZ, P.C. 

200 South Orange Avenue, Suite 2900 

Orlando, Florida 32801 

Telephone: 407.367.5426 

Facsimile: 407.841.0325 

Email: zbancroft@bakerdonelson.com 

Counsel for Eric M. Huebscher, Patient Care 

Ombudsman 

ATTORNEY CERTIFICATION 

I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court for 

the Southern District of Florida, and I am in compliance with the additional qualifications to 

practice in this Court set forth in Local Rule 2090-1(A). 

 /s/ Zachary J. Bancroft 

 Zachary J. Bancroft 

CERTIFICATE OF SERVICE 

 I hereby certify that on February 16, 2021, a true and correct copy of the foregoing has 

been furnished via CM/ECF to all parties receiving said CM/ECF notifications.

 /s/ Zachary J. Bancroft 

 Zachary J. Bancroft 

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