UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

www.flsb.uscourts.gov

In re: 

 Chapter 11 

LIBERTY POWER HOLDINGS, LLC Case No. 21-13797-SMG 

 Debtor. 

________________________________________/ 

ORDER GRANTING DEBTOR’S EMERGENCY MOTION TO COMPEL (I) 

TURNOVER OF ALL BOOKS, RECORDS, SYSTEMS AND PROCESSES RELATED 

TO THE DEBTOR AND ITS OPERATIONS IN THE POSSESSION AND CONTROL 

OF LIBERTY POWER CORP, LLC, (II) ACCESS TO CORPORATE PREMISES 

AND (III) FOR RELATED RELIEF [ECF NO. 11] 

THIS CASE came before the Court on April 22, 2021 at 3:30 p.m. (the “Hearing”) upon 

the Emergency Motion of Liberty Power Holdings, LLC to Compel (I) Turnover of All Books, 

Records, Systems and Processes Related to the Debtor and Its Operations in the Possession and 

Control of Liberty Power Corp, LLC, (II) Access to Corporate Premises and (III) for Related Relief 

[ECF No. 11] (the “Motion”).1 The Court, having considered the Motion, having considered the 

 

1

 Capitalized terms not otherwise defined herein have the meanings ascribed to them in the Motion. 

Scott M. Grossman, Judge

_____________________________________________________________________________ United States Bankruptcy Court

ORDERED in the Southern District of Florida on April 23, 2021.

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Declaration of Bob Butler, Chief Restructuring Officer, in Support of the Chapter 11 Petition and 

First Day Motions [ECF Nos. 10, 14] in support of the Motion (which was admitted into evidence 

without objection at the Hearing), having considered Liberty Power Corp. LLC’s Response to 

Debtor’s Emergency Motion Compel (I) Turnover of All Books, Records, Systems and Processes 

Related to the Debtor and Its Operations in the Possession and Control of Liberty Power Corp, 

LLC, (II) Access to Corporate Premises and (III) for Related Relief [ECF No. 23] (the 

“Response”), having heard arguments of counsel at the Hearing and having reviewed the record in 

this case, finds that: (a) it has jurisdiction over this matter pursuant to 28 U.S.C. §1334; (b) this is 

a core proceeding pursuant to 28 U.S.C. §157(b)(2); (c) the relief requested in the Motion and 

granted herein is in the best interests of the Debtor’s estate, its creditors, its equity holders, and 

other parties-in-interest; (d) proper and adequate notice of the Motion and the Hearing has been 

given and no other further notice is necessary; and (e) good and sufficient cause exists for the 

granting of the relief requested pursuant herein. Based on the above, the Court: 

ORDERS as follows: 

1. The Motion is GRANTED in its entirety, including as set forth herein and for the 

reasons stated in open court. 

2. Liberty Power Corp, LLC (“ParentCo”), its principals and persons in control of 

ParentCo, are directed to provide immediate access and turnover to the Debtor, through the CRO 

and BRG, of all books, records, systems and processes of and related to the operation of the 

Debtor’s business (the “Books and Records”). 

3. ParentCo shall provide the Debtor with full access to and use of ParentCo’s systems 

and processes so as to enable the Debtor to operate its business pending further order of the Court. 

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4. ParentCo shall provide the Debtor, through the CRO and BRG, immediate access 

to the corporate premises, under the control of ParentCo at which the Debtor’s records are 

maintained and its operations are conducted so as to enable the Debtor to continue to operate its 

business. 

5. ParentCo shall cooperate and comply with any and all other requests of the Debtor 

(through the CRO) for documents and information necessary for the Debtor to continue its 

operations and comply with its obligations under the Bankruptcy Code. 

6. ParentCo, its principals, persons in control, agents, and representatives, shall 

comply with the automatic stay under section 362(a) of the Bankruptcy Code. 

7. ParentCo, its principals, persons in control, agents, and representative, are enjoined 

from taking any action against or in respect of property of the Debtor’s estate. 

8. The Court shall retain jurisdiction over this matter to interpret and enforce the terms 

of this Order. 

# # # 

SUBMITTED BY:

Paul J. Battista, Esq 

Genovese Joblove & Battista, P.A. 

Proposed Counsel to Debtor-in-Possession

100 S.E. Second Street, 44th Floor 

Miami, FL 33131 

(305) 349-2300 (p) 

(305) 349- 2310 (f) 

pbattista@gjb-law.com

Copies Furnished to: 

Paul J. Battista, Esq. 

[Attorney Battista is directed to serve a conformed copy of this Order on all parties in interest] 

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