DEBTOR’S EMERGENCY MOTION FOR AN INTERIM AND FINAL ORDER (I) AUTHORIZING THE DEBTOR TO USE

CASH COLLATERAL OF EXISTING SECURED LENDER, (II) GRANTING ADEQUATE PROTECTION FOR USE THEREOF,

(III) MODIFYING THE AUTOMATIC STAY TO ALLOW FOR THE RELIEF REQUESTED HEREIN AND (IV) SCHEDULING

FINAL HEARING--PAGE 1 OF 15

Brandon J. Tittle 

Texas Bar No. 24090436 

TITTLE LAW GROUP, PLLC 

5465 Legacy Drive, Ste. 650 

Plano, Texas 75024 

Telephone: 972.987.5094 

Email: btittle@tittlelawgroup.com 

PROPOSED ATTORNEY FOR DEBTOR 

AND DEBTOR-IN-POSSESSION 

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF TEXAS 

ABILENE DIVISION 

In re: § 

§ Case No. 24-10026 

JM4 TACTICAL LLC, § 

§ Chapter 11 (Subchapter V) 

 Debtor. § 

DEBTOR’S EMERGENCY MOTION FOR AN INTERIM AND FINAL ORDER (I) 

AUTHORIZING THE DEBTOR TO USE CASH COLLATERAL OF EXISTING 

SECURED LENDERS, (II) GRANTING ADEQUATE PROTECTION FOR USE 

THEREOF, (III) MODIFYING THE AUTOMATIC STAY TO ALLOW FOR THE 

RELIEF REQUESTED HEREIN AND (IV) SCHEDULING FINAL HEARING 

JM4 Tactical LLC, the debtor and debtor-in-possession in the above-captioned case (the 

“Debtor”), hereby moves (the “Motion”) this Court for entry of an interim order substantially in 

the form attached hereto (the “Interim Order”) and a final order substantially similar to the Interim 

Order under sections 105(a), 361, 362, 363 and of title 11 of the United States Code (the 

“Bankruptcy Code”) and Rules 2002, 4001, and 9014 of the Federal Rules of Bankruptcy 

Procedure (the “Bankruptcy Rules”) (i) approving the Debtor’s use of Cash Collateral (defined 

below), (ii) providing adequate protection for, and to the extent of, any diminution in the value of 

the Cash Collateral, (iii) modifying the automatic stay to the extent necessary to implement and 

effectuate the terms and provisions of the Interim Order and a subsequent Final Order and (iv) 

scheduling a final hearing for this Court to consider entry of a Final Order authorizing and 

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Document Page 1 of 17
DEBTOR’S EMERGENCY MOTION FOR AN INTERIM AND FINAL ORDER (I) AUTHORIZING THE DEBTOR TO USE 

CASH COLLATERAL OF EXISTING SECURED LENDER, (II) GRANTING ADEQUATE PROTECTION FOR USE THEREOF,

(III) MODIFYING THE AUTOMATIC STAY TO ALLOW FOR THE RELIEF REQUESTED HEREIN AND (IV) SCHEDULING 

FINAL HEARING--PAGE 2 OF 15

approving the relief requested in this Motion; and (iv) granting related relief as further described 

herein. In support of this Motion, the Debtor, by and through its proposed undersigned counsel, 

respectfully represents: 

JURISDICTION AND VENUE 

1. This Court has jurisdiction to consider the Motion under 28 U.S.C. § 1334. This is 

a core proceeding under 28 U.S.C. § 157(b). Venue of this case and this Motion in this district is 

proper under 28 U.S.C. §§ 1408 and 1409. 

2. The legal predicates for the relief requested herein are Bankruptcy Code sections 

105(a), 363, 1107, and 1108, and Bankruptcy Rules 6003 and 6004. 

RULE 4001 STATEMENT 

3. By this Motion, the Debtor seeks authority to use the alleged Cash Collateral 

(defined herein) of the U.S. Small Business Administration (the “SBA”) and Idea Financial, Inc. 

(“Idea,” collectively with the SBA, the “Secured Lenders”). The Debtor seeks to use Cash 

Collateral as working capital to fund the operation of its business. As adequate protection for any 

diminution in value incurred by Secured Lenders through the Debtor’s use of Cash Collateral, the 

Debtor will (i) maintain the value of its business as a going-concern, (ii) provide to Secured 

Lenders replacement liens on now owned and after-acquired cash derived from Secured Lenders 

Collateral, and (iii) provide superpriority administrative claims to Secured Lenders equal to any 

diminution in value of Secured Lenders Collateral. 

BACKGROUND 

A. General. 

4. On February 16, 2024 (the “Petition Date”), the Debtor commenced a case by filing 

a petition for relief under chapter 11 of the Bankruptcy Code (the “Chapter 11 Case”). The Debtor 

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DEBTOR’S EMERGENCY MOTION FOR AN INTERIM AND FINAL ORDER (I) AUTHORIZING THE DEBTOR TO USE 

CASH COLLATERAL OF EXISTING SECURED LENDER, (II) GRANTING ADEQUATE PROTECTION FOR USE THEREOF,

(III) MODIFYING THE AUTOMATIC STAY TO ALLOW FOR THE RELIEF REQUESTED HEREIN AND (IV) SCHEDULING 

FINAL HEARING--PAGE 3 OF 15

continues to operate its business and manage its properties as a debtor and debtor-in-possession 

pursuant to Bankruptcy Code sections 1107(a) and 1108. 

5. To date, no creditors’ committee has been appointed in the Chapter 11 Case by the 

Office of the United States Trustee for the Northern District of Texas (the “United States Trustee”). 

No trustee or examiner has been appointed in the Chapter 11 Case. 

6. Founded in 2016, the Debtor is a family owned and operated, gun holster 

manufacturing company. Specifically, the Debtor manufactures magnetic retention conceal carry 

gun holsters that provide unmatched comfort, versatility, and quality to its users. The Debtor sells 

its magnetic retention conceal carry gun holsters to customers across the United States. 

7. Due to cash flow issues resulting from a drop in revenue in the year 2023, the 

Debtor is unable meet its monthly debt obligations. Making matters worse, the Debtor is unable 

to secure additional capital to fund operations. For these reasons, the Debtor was forced to seek 

protection from this Court. 

B. Debtor’s Loan Agreements with the SBA. 

8. Prior to the Petition Date, the SBA, as lender, and the Debtor, as borrower, entered 

into, among other documents and agreements, that certain Amended Loan Authorization and 

Agreement in the amount of $500,000.00 dated June 9, 2020 (the “SBA Note”). The SBA Note is 

allegedly secured by all of the Debtor’s real estate, accounts receivables, inventory, instruments, 

equipment, intangibles, accounts, chattel paper, good will, specific property and all property of the 

Debtor (the “SBA Note Pre-Petition Collateral”). 

9. As of the Petition Date, the Debtor allegedly owes the SBA approximately 

$523,503.18 on behalf of the SBA Note. On June 18, 2020, the SBA filed a UCC-1 Financing 

Statement against the Debtor regarding the SBA Note Pre-Petition Collateral. As result, the SBA 

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DEBTOR’S EMERGENCY MOTION FOR AN INTERIM AND FINAL ORDER (I) AUTHORIZING THE DEBTOR TO USE 

CASH COLLATERAL OF EXISTING SECURED LENDER, (II) GRANTING ADEQUATE PROTECTION FOR USE THEREOF,

(III) MODIFYING THE AUTOMATIC STAY TO ALLOW FOR THE RELIEF REQUESTED HEREIN AND (IV) SCHEDULING 

FINAL HEARING--PAGE 4 OF 15

alleges that pursuant to the SBA Note, it has a first priority lien on all assets of the Debtor, 

including the Debtor’s cash (the “SBA Cash Collateral”). 

C. The Debtor’s Loan Agreement with Idea. 

10. Prior to the Petition Date, Idea, as lender, and the Debtor, as borrower, entered into, 

among other documents and agreements, that certain Revolving Loan Agreement in the amount of 

$83,7000 (the “Idea Note”). The Idea Notes is allegedly secured by all of the Debtor’s cash, 

accounts receivables, inventory, instruments, equipment, intangibles, accounts, chattel paper, 

specific property and all property of the Debtor (the “Idea Pre-Petition Collateral”). 

11. As of the Petition Date, the Debtor allegedly owes Idea $56,861.85 on behalf of the 

Idea Note. On August 25, 2023, Idea filed a UCC-1 Financing Statement against the Debtor 

regarding the Idea Pre-Petition Collateral. As result, Idea alleges that pursuant to the Idea Note, it 

has a second priority lien on all assets of the Debtor, including the Debtor’s cash (the “Idea Cash 

Collateral, and collectively with the SBA Case Collateral, the “Cash Collateral”). 

B. The Debtor Needs to Use the Secured Lenders’ Cash Collateral. 

12. Though simple when broken down to the basics, the Debtor cannot maintain its 

existing assets without the use of the Secured Lenders’ Cash Collateral. The use of existing cash 

is required to pay operational expenses. The Debtor needs to be able to pay its employees, rent, 

and utilities as well as purchase new raw material. Without the Debtor’s ability to use Cash 

Collateral, the Debtor will be forced to shut down operations, which will lead to a complete 

liquidation of the Debtor’s business. 

13. The Debtor’s proposed Interim Order requests, among other things including 

procedural adequate protection requirements, the following salient relief: 

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DEBTOR’S EMERGENCY MOTION FOR AN INTERIM AND FINAL ORDER (I) AUTHORIZING THE DEBTOR TO USE 

CASH COLLATERAL OF EXISTING SECURED LENDER, (II) GRANTING ADEQUATE PROTECTION FOR USE THEREOF,

(III) MODIFYING THE AUTOMATIC STAY TO ALLOW FOR THE RELIEF REQUESTED HEREIN AND (IV) SCHEDULING 

FINAL HEARING--PAGE 5 OF 15

a. Maintaining the going concern value of the Collateral by using the Cash 

Collateral to continue to operate the business and administer this case, including 

using Cash Collateral to fund working capital expenditures, expenses, payment 

of authorizations for expenditures, payment of legal and professional fees and 

for other general corporate expenditures including expenses to protect Secured 

Lenders collateral; 

b. Granting the Secured Lenders post-petition replacement liens pursuant to 11 

U.S.C. § 361(2). The Secured Lenders shall be granted a post-petition security 

interest in and replacement lien (the “Replacement Lien”) upon, subject only to 

prior non-avoidable liens, the Debtor’s assets and property of every kind. The 

Replacement Lien shall serve as adequate protection for the use of the Collateral 

to the extent of any diminution of the value of the Collateral; and 

c. Providing the Secured Lenders a superpriority claim pursuant to 11 U.S.C. § 

507(b) in the Debtor’s Chapter 11 Case and against the Debtor’s bankruptcy 

estate for the Debtor’s use of Cash Collateral to the extent of any diminution in 

the value of the Debtor’s interest in the Collateral and this administrative claim 

shall have priority over and above all other costs and expenses of the kind 

specified in, or ordered pursuant to, §503(b) or § 507(a) of the Bankruptcy Code 

except as provided herein. 

d. The above are subject to a carve-out that will be used to fund U.S. Trustee Fees 

and approved professional expenses. 

RELIEF REQUESTED 

14. By this Motion, the Debtor requests (a) entry of an interim order of the Bankruptcy 

Court (i) approving the Debtor’s use of Cash Collateral, (ii) providing adequate protection for, and 

to the extent of, any diminution in the value of the Cash Collateral, (iii) modifying the automatic 

stay to the extent necessary to implement and effectuate the terms and provisions of the Interim 

Order and a subsequent Final Order and (iv) schedule a final hearing for this Court to consider 

entry of a final order authorizing and approving the relief requested in this Motion. 

BASIS FOR RELIEF 

15. Under 11 U.S.C. § 363(c)(2), a debtor may use cash collateral if each entity that 

has an interest in the cash collateral consents or if the Court, after notice and a hearing, authorizes 

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DEBTOR’S EMERGENCY MOTION FOR AN INTERIM AND FINAL ORDER (I) AUTHORIZING THE DEBTOR TO USE 

CASH COLLATERAL OF EXISTING SECURED LENDER, (II) GRANTING ADEQUATE PROTECTION FOR USE THEREOF,

(III) MODIFYING THE AUTOMATIC STAY TO ALLOW FOR THE RELIEF REQUESTED HEREIN AND (IV) SCHEDULING 

FINAL HEARING--PAGE 6 OF 15

the use of the cash collateral. Pursuant to 11 U.S.C. § 363(c)(3), the Court must condition a 

debtor’s use of cash collateral as is necessary to provide adequate protection of the interest in the 

cash collateral claimed by a party. 

16. Section 363(e) further provides that “on request of an entity that has an interest in 

property . . . to be used, sold or leased, by the trustee, the court . . . shall prohibit or condition such 

use, sale or lease as is necessary to provide adequate protection of such interest.” 11 U.S C. § 

363(e). 

17. Bankruptcy Rule 4001(b) and (d) govern the procedure for consideration of motions 

to use cash collateral, and both of these subsections provide for expedited consideration of such 

motions for cases in which immediate interim relief may be crucial to the success of a 

reorganization. More simply stated, if the ice cream is melting, cash needs to be made available 

to turn the freezer back on. 

18. Although the Bankruptcy Code does not expressly define “adequate protection,” 

Bankruptcy Code section 361 provides a non-exhaustive list of examples of adequate protection 

including: (i) a lump sum or periodic cash payments; (ii) replacement liens; and (iii) administrative 

priority claims. See 11 U.S.C. § 361. Generally, courts decide what constitutes adequate protection 

on a case-by-case basis. See Resolution Trust Corp. v. Swedeland Dev. Group, Inc. (In re 

Swedeland Dev. Group, Inc.), 16 F.3d 552, 564 (3d Cir. 1994) (“[A] determination of whether 

there is adequate protection is made on a case by case basis.”); see also In re Dynaco Corp., 162 

B.R. 389, 394 (Bankr. D.N.H. 1993) (citing 2 Collier on Bankruptcy 361.01 [1] at 361-66 (15th 

ed. 1993) (explaining that adequate protection can take many forms and “must be determined based 

upon equitable considerations arising from the particular facts of each proceeding”). 

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DEBTOR’S EMERGENCY MOTION FOR AN INTERIM AND FINAL ORDER (I) AUTHORIZING THE DEBTOR TO USE 

CASH COLLATERAL OF EXISTING SECURED LENDER, (II) GRANTING ADEQUATE PROTECTION FOR USE THEREOF,

(III) MODIFYING THE AUTOMATIC STAY TO ALLOW FOR THE RELIEF REQUESTED HEREIN AND (IV) SCHEDULING 

FINAL HEARING--PAGE 7 OF 15

19. Courts have consistently recognized that the preservation of the going concern 

value of secured lenders’ collateral constitutes adequate protection of such creditors’ interest in 

the collateral. See, e.g., In re Pursuit Athletic Footwear, Inc., 193 B.R. 713, 716 (Bankr. D. Del. 

1996) (holding that if there is no actual diminution of value of collateral and the debtor can operate 

post-petition, then the secured creditor is adequately protected); In re 499 W. Warren St. Assocs., 

Ltd. P’ship, 142 B.R. 53, 56 (Bankr. N.D.N.Y. 1992) (finding a secured creditor’s interest in 

collateral adequately protected when cash collateral was applied to normal operating and 

maintenance expenditures on the collateral property); In re Willowood E. Apartments of 

Indianapolis II, Ltd., 114 B.R. 138, 143 (Bankr. S.D. Ohio 1990) (same); In re Stein, 19 B.R. 458, 

460 (Bankr. E.D. Pa. 1982) (creditors’ secured position would be enhanced by the continued 

operation of the debtor’s business); In re Aqua Assocs., 124 B.R. 192, 196 (Bankr. E.D. Pa. 1991) 

(“The important question, in determining whether the protection to a creditor’s secured interest is 

adequate, is whether that interest, whatever it is, is being unjustifiably jeopardized.”) (citation 

omitted). 

20. The debtor bears the burden of proof on the issue of adequate protection, and the 

party claiming an interest in the cash collateral bears the burden of proof on the issue of the 

validity, priority, or extent of the lien. 

A. The Use of Cash Collateral is Necessary to Maintain the Debtor’s Going Concern 

Value. 

21. As of the date of filing this Motion, the Debtor does not have sufficient 

unencumbered cash to fund its business operations and pay present operating expenses. As a 

result, the Debtor will be unable to meet basic operating expenses without the use of Cash 

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DEBTOR’S EMERGENCY MOTION FOR AN INTERIM AND FINAL ORDER (I) AUTHORIZING THE DEBTOR TO USE 

CASH COLLATERAL OF EXISTING SECURED LENDER, (II) GRANTING ADEQUATE PROTECTION FOR USE THEREOF,

(III) MODIFYING THE AUTOMATIC STAY TO ALLOW FOR THE RELIEF REQUESTED HEREIN AND (IV) SCHEDULING 

FINAL HEARING--PAGE 8 OF 15

Collateral. The inability to use Cash Collateral will jeopardize the survival of the Debtor’s 

business. 

22. Stated in basic terms, the Debtor has an urgent and immediate need for the use of 

Cash Collateral pending a final hearing on this Motion. Any lapse in the Debtor’s ability to pay 

operating expenses or its normal bills and expenses as they become due will have a devastating 

economic impact on the going concern value of the Debtor’s business. However, to protect the 

Secured Lenders for any unreasonable expenditures, the Debtor shall only pay those bills and 

expenses listed in the Debtor’s 13-week cash flow budget, a copy of which is attached hereto as 

Exhibit A. 

23. If the Debtor is not allowed to continue paying its expenses and operate its assets, 

such assets will decline in value (or disappear) and will generate no revenue to pay creditors. In re 

Las Vegas Monorail Co., 429 B.R. 317, 341-42 (Bankr. D. NV 2010) (the debtor’s “use of the 

cash it generates in its operations is itself a form of adequate protection”); In re 499 W. Warren 

Street Assocs., Ltd. P’ship, 142 B.R. 53, 58 (Bankr. N.D.N.Y. 1992) (allowing the use of cash 

collateral to maintain property); In re Constable Plaza Associates, 125 Bankr. 98, 105 (Bankr. 

S.D.N.Y. 1991) (“debtor’s plowing back rents solely for the purpose of maintaining and operating 

its office building will serve to preserve or enhance the value of the building which, in turn, will 

protect the collateral covered by [the] mortgage”). 

24. Accordingly, the use of Cash Collateral will allow the Debtor to continue its 

operations, preserve the Secured Creditors’ collateral and protect the Secured Creditors’ interests. 

 

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DEBTOR’S EMERGENCY MOTION FOR AN INTERIM AND FINAL ORDER (I) AUTHORIZING THE DEBTOR TO USE 

CASH COLLATERAL OF EXISTING SECURED LENDER, (II) GRANTING ADEQUATE PROTECTION FOR USE THEREOF,

(III) MODIFYING THE AUTOMATIC STAY TO ALLOW FOR THE RELIEF REQUESTED HEREIN AND (IV) SCHEDULING 

FINAL HEARING--PAGE 9 OF 15

B. The Debtor Proposes the Granting of a Replacement Lien as Additional Adequate 

Protection. 

25. Additionally, through this Motion, the Debtor intends to provide adequate 

protection, to the extent of any diminution in value, to a secured party’s collateral for the use of 

Cash Collateral by providing to such secured party post-petition liens pursuant to 11 U.S.C. § 

361(2) in cash and other assets generated by or received by the Debtor from the secured party’s 

Collateral subsequent to the Petition Date, but only to the extent that the secured party had valid, 

perfected prepetition lien and security interest in such Collateral as of the Petition Date. As of the 

filing of this Motion, the Debtor is only aware of this provision being applicable to the Secured 

Lenders. The priority of any post-petition replacement liens granted to the secured party or any 

other secured creditor shall be the same and in the same priority as existed as of the Petition Date. 

C. The Debtor’s Propose the Granting of a Superpriority Administrative Expense Claim 

as Additional Adequate Protection. 

26. Further, the Debtor intends to provide adequate protection, to the extent of any 

diminution in value, to a secured party’s collateral (to the extent that the diminution in value is not 

caused by the secured party’s actions or refusal to allow the Debtor to pay debts necessary to 

preserve their Collateral) for the use of Cash Collateral by providing to such secured party a 

superpriority administrative expense claim pursuant to 11 U.S.C. § 507(b) (the “Superpriority 

Administrative Expense Claim”). The Superpriority Administrative Expense claim will be 

superior to all other allowed administrative expense claims and unsecured claims. Once again, as 

of the filing of this Motion, The Debtor is only aware of this provision being applicable to the 

Secured Lenders. 

 

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DEBTOR’S EMERGENCY MOTION FOR AN INTERIM AND FINAL ORDER (I) AUTHORIZING THE DEBTOR TO USE 

CASH COLLATERAL OF EXISTING SECURED LENDER, (II) GRANTING ADEQUATE PROTECTION FOR USE THEREOF,

(III) MODIFYING THE AUTOMATIC STAY TO ALLOW FOR THE RELIEF REQUESTED HEREIN AND (IV) SCHEDULING 

FINAL HEARING--PAGE 10 OF 15

LEGAL COSTS AND FEES

27. The Debtor’s ability to continue to operate, reorganize and confirm a plan is 

dependent upon the ability to retain and pay professionals and Subchapter V trustee Fees, including 

the Debtor’s counsel. Therefore, The Debtor seeks a carveout equal to (i) the fees required to be 

paid to the Clerk and the Subchapter V trustee; and (ii) all accrued and unpaid fees, disbursements, 

costs and expenses of professionals or professional firms retained by the Debtor and any official 

committee of creditors. 

THE AUTOMATIC STAY SHOULD BE MODIFIED ON A LIMITED BASIS 

28. The relief requested herein contemplates a modification of the automatic stay 

pursuant to Bankruptcy Code section 362 to (a) permit the Debtor to grant adequate protection 

liens described above with respect to prepetition, perfected and secured parties, and to perform 

such acts as may be reasonably requested to assure the perfection and priority of such liens and (b) 

implement the terms of the Interim Order. 

REQUEST FOR INTERIM AND FINAL RELIEF 

29. Bankruptcy Rule 4001(b) provides that a final hearing on a motion for authorization 

to use cash collateral may not be commenced earlier than fourteen days after the service of such 

motion. Upon request, however, a bankruptcy court is empowered to conduct a preliminary 

expedited hearing on the motion and authorize the use of cash collateral to the extent necessary to 

avoid immediate and irreparable harm to a debtor’s estate. See FED. R. BANKR. P. 4001(c)(2). 

Bankruptcy Rule 6003 further provides that, to the extent relief is necessary to avoid immediate 

and irreparable harm, a bankruptcy court may grant certain forms of relief during the twenty-one 

days immediately following the filing date. FED. R. BANKR. P. 6003. 

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DEBTOR’S EMERGENCY MOTION FOR AN INTERIM AND FINAL ORDER (I) AUTHORIZING THE DEBTOR TO USE 

CASH COLLATERAL OF EXISTING SECURED LENDER, (II) GRANTING ADEQUATE PROTECTION FOR USE THEREOF,

(III) MODIFYING THE AUTOMATIC STAY TO ALLOW FOR THE RELIEF REQUESTED HEREIN AND (IV) SCHEDULING 

FINAL HEARING--PAGE 11 OF 15

30. An immediate need exists for the Debtor to obtain approval of the use of the alleged 

Cash Collateral in order to meet key necessary expenses. Without the immediate use of the alleged 

Cash Collateral for an interim period, the Debtor will essentially be forced to cease operating and 

the ice cream will melt placing valuable assets at risk and jeopardizing the ability of the Debtor to 

reorganize and maximize a return to creditors. 

31. The Debtor, therefore, seeks immediate authority to use the alleged Cash Collateral 

on an interim basis as set forth in this Motion and in the Interim Order to prevent immediate and 

irreparable harm to their estates pending a Final Hearing to consider entry of the Final Order. 

WAIVER OF BANKRUPTCY RULE 6004(H) 

32. Bankruptcy Rule 6004(h) provides that “[a]n order authorizing the use, sale, or 

lease of property other than cash collateral is stayed until the expiration of 14 days after entry of 

the order, unless the court orders otherwise.” FED. R. BANKR. P. 6004(h). As described above, the 

relief that the Debtor seeks in this Motion is necessary for the Debtor to operate without 

interruption and to preserve value for their estates. Accordingly, the Debtor respectfully requests 

that the Court waive the fourteen-day stay imposed by Bankruptcy Rule 6004(h), as the exigent 

nature of the relief sought herein justifies immediate relief. 

RESERVATION OF RIGHTS 

33. Nothing contained herein is intended or should be construed as an admission as to 

the validity of any claim, lien or interest in or against the Debtor, the Debtor’s property or any 

other third party, a waiver of the Debtor’s or any other third party’s rights to dispute any claim, 

lien or interest or an approval or assumption of any agreement, contract, or lease under Bankruptcy 

Code section 365. Likewise, if this Court grants the relief sought herein, any payment made 

pursuant to the Court’s order is not intended and should not be construed as an admission as to the 

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DEBTOR’S EMERGENCY MOTION FOR AN INTERIM AND FINAL ORDER (I) AUTHORIZING THE DEBTOR TO USE 

CASH COLLATERAL OF EXISTING SECURED LENDER, (II) GRANTING ADEQUATE PROTECTION FOR USE THEREOF,

(III) MODIFYING THE AUTOMATIC STAY TO ALLOW FOR THE RELIEF REQUESTED HEREIN AND (IV) SCHEDULING 

FINAL HEARING--PAGE 12 OF 15

validity of any claim or a waiver of the Debtor’s or any third party’s rights to dispute such claim 

subsequently. 

REQUEST FOR A FINAL HEARING 

34. As noted above, pursuant to Bankruptcy Rules 4001(b)(2) and 4001(c)(2), the 

Debtor respectfully requests that the Court set a date for the Final Hearing that is fourteen (14) 

days following the entry of the Interim Order. The Debtor respectfully requests that it be authorized 

to serve a copy of the signed Interim Order, which fixes the time and date for the filing of 

objections, if any, by first-class mail on the (i) the Office of the United States Trustee for the 

Northern District of Texas; (ii) each of the Debtor’s top 20 list of unsecured creditors; (iii) counsel 

to the Secured Lenders; (v) the Internal Revenue Service and (vi) to any other party that has filed 

a request for notices with this Court. The Debtor requests that the Court consider such notice of 

the Final Hearing to be sufficient notice under Bankruptcy Rule 4001. 

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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DEBTOR’S EMERGENCY MOTION FOR AN INTERIM AND FINAL ORDER (I) AUTHORIZING THE DEBTOR TO USE 

CASH COLLATERAL OF EXISTING SECURED LENDER, (II) GRANTING ADEQUATE PROTECTION FOR USE THEREOF,

(III) MODIFYING THE AUTOMATIC STAY TO ALLOW FOR THE RELIEF REQUESTED HEREIN AND (IV) SCHEDULING 

FINAL HEARING--PAGE 13 OF 15

CONCLUSION

WHEREFORE, pursuant to Bankruptcy Rule 4001, the Debtor requests that the Court set 

a preliminary hearing on the Debtor’s proposed use of Cash Collateral, and that at such preliminary 

hearing, the Court authorize the temporary use of Cash Collateral in order to avoid immediate and 

irreparable harm to this bankruptcy estate pending a final hearing; the Debtor requests that this 

Court enter an Interim Order, in substantially the form attached hereto, authorizing the Debtor to 

use Cash Collateral as described herein, setting the Motion for a final hearing, and granting such 

other and further relief as the Court may deem just and proper. 

Dated: February 16, 2024. Respectfully submitted, 

/s/ Brandon J. Tittle 

Brandon J. Tittle 

Texas Bar No. 24090436 

TITTLE LAW GROUP, PLLC 

5465 Legacy Drive, Ste. 650 

Plano, Texas 75024 

Telephone: 972.731.2590 

Email: btittle@tittlelawgroup.com 

PROPOSED COUNSEL FOR DEBTOR 

AND DEBTOR-IN-POSSESSION 

 

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Document Page 13 of 17
DEBTOR’S EMERGENCY MOTION FOR AN INTERIM AND FINAL ORDER (I) AUTHORIZING THE DEBTOR TO USE 

CASH COLLATERAL OF EXISTING SECURED LENDER, (II) GRANTING ADEQUATE PROTECTION FOR USE THEREOF,

(III) MODIFYING THE AUTOMATIC STAY TO ALLOW FOR THE RELIEF REQUESTED HEREIN AND (IV) SCHEDULING 

FINAL HEARING--PAGE 14 OF 15

CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on February 16, 2024, a true and correct copy of the 

foregoing document was served upon the following counsel of record via electronic service and 

by first class mail to all parties listed on the attached creditor list. 

/s/ Brandon J. Tittle 

Brandon J. Tittle 

 

 

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Document Page 14 of 17
Central Appraisal District of Taylor County 

1534 S. Treadaway Blvd. 

Abilene, TX 79604 

Channel Partners Capital, LLC 

1110 Wayzata Blvd., #305 

Hopkins, MN 55305 

First Bank Texas 

Attn. Legal 

220 Palo Pinto St. 

Weatherford, TX 76086 

Gage & Company, CPAs, LLP 

2 Village Dr., Ste. 410 

Abilene, TX 79606 

Idea Financial, Inc. 

200 SE 1st St., Ste. 703 

Miami, FL 33131 

James Myers 

109 Bear Creek Dr. 

Tuscola, TX 79562 

PayPal Working Capital 

Attn. Executive Escalation 

P.O. Box 45950 

Omaha, NE 68145 

Shawndalyn Myers 

109 Bear Creek Dr. 

Tuscola, TX 79562 

U.S. Small Business Administration 

14925 Kingsport Rd. 

Fort Worth, TX 76155 

U.S. Small Business Administration 

14925 Kingsport Rd 

Fort Worth, TX 76155 

Case 24-10026-rlj11 Doc 5 Filed 02/16/24 Entered 02/16/24 14:11:54 Desc Main

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EXHIBIT A 

13-week Cash Flow Budget 

Case 24-10026-rlj11 Doc 5 Filed 02/16/24 Entered 02/16/24 14:11:54 Desc Main

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JM4 Tactical

Week Ending 2/24/2024 3/2/2024 3/9/2024 3/16/2024 3/23/2024 3/30/2024 4/6/2024 4/13/2024 4/20/2024 4/27/2024 5/4/2024 5/11/2024 5/18/2024Beginning Cash 10,000.00 11,823.42 5,183.80 6,316.65 21,818.03 26,669.41 15,823.71 12,547.09 13,679.47 15,193.85 16,233.23 13,494.61 14,627.99

Total Sales 25,000 26,000 25,000 40,000 40,000 25,000 26,000 25,000 25,000 25,000 25,000 25,000 25,000

USES

Costs of Goods Sold 9,600 13,900 10,000 10,000 20,000 20,000 12,000 10,000 10,000 10,000 10,000 10,000 10,000

 Payroll & Taxes 4,690 4,690 4,690 4,690 4,690 4,690 4,690 4,690 4,690 4,690 4,690 4,690 4,690

Advertising 4,000 4,000 4,000 5,000 5,000 5,000 4,000 4,000 4,000 4,000 4,000 4,000 4,000

 Rent 3,694 - - 3,694 - - - 3,694 - -

 IT + Office Expenses 228 1,000 1,285 200 200 200 1,000 1,285 200 200 1,000 1,285 200

 Insurance (General Liability) 179 463 - 116 179 463 116 179 463 116

 Insurance (Equipment) - - -

Phone/Utilities 587 1,000 - 587 1,000 587 1,000

Shipping Expense 1,200 1,200 1,200 1,800 1,800 1,800 1,200 1,200 1,200 1,200 1,200 1,200 1,200

Total Operating Expenses 20,484 29,947 21,175 21,806 32,456 33,153 26,584 21,175 20,793 21,269 25,047 21,175 20,206

Professional Fees 2,308 2,308 2,308 2,308 2,308 2,308 2,308 2,308 2,308 2,307 2,307 2,307 2,307

Subchapter V Trustee Fees 385 385 385 385 385 385 385 385 385 385 385 385 385

- - - - - - - - - - - - -

Total Professional Fees 2,693 2,693 2,693 2,693 2,693 2,693 2,693 2,693 2,693 2,692 2,692 2,692 2,692

Total Disbursements 23,177 32,640 23,867 24,499 35,149 35,846 29,277 23,868 23,486 23,961 27,739 23,867 22,898

Net Cash Flow 1,823 (6,640) 1,133 15,501 4,851 (10,846) (3,277) 1,132 1,514 1,039 (2,739) 1,133 2,102

Ending Cash 11,823 5,184 6,317 21,818 26,669 15,824 12,547 13,679 15,194 16,233 13,495 14,628 16,730

Case 24-10026-rlj11 Doc 5 Filed 02/16/24 Entered 02/16/24 14:11:54 Desc Main

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