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IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

In re: § Chapter 11 

 § 

TOMMY’S FORT WORTH, LLC, et al.,1

 § Case No. 24-90000 

 § 

 Debtors. § (Jointly Administered) 

ORDER DENYING DEBTORS’ REQUEST FOR ENTRY OF 

FOURTH INTERIM CASH COLLATERAL ORDER 

 On May 22, 2024, the Debtors filed their Emergency Motion of Debtors for Entry of Interim 

and Final Orders (I) Authorizing the Use of Cash Collateral, (II) Granting Adequate Protecting 

[sic], (III) Modifying the Automatic Stay, (IV) Setting a Second Interim Hearing, (V) Setting a 

Final Hearing, and (V) [sic] Granting Related Relief [Docket No. 12] (the “Cash Collateral 

Motion”) to request the use of cash collateral and the granting of certain protections in relation 

thereto to affected secured parties. The Court previously granted interim emergency relief to the 

Debtors pursuant to a First Interim Order [Docket No. 52], Second Interim Order [Docket No. 

76], and Third Interim Order [Docket No. 95]. 

Pursuant to the Third Interim Order, the Court scheduled a continued hearing on the Cash 

Collateral Motion for June 6, 2024, to consider further interim relief and the Debtors were directed 

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 The Debtors in these Chapter 11 Cases, along with the last four digits of each Debtor’s federal tax identification 

number, are: Tommy’s Fort Worth, LLC (3473); Tommy’s Holding Company, LLC (2662); Tommy’s Gran Rapids, 

LLC (9224); Tommy’s Castaic, LLC (7501); Tommy’s Lewisville, LLC (4750); High Country Watersports, LLC 

(6160); Walloon Lake Village Marina, LLC (0277); MKB Florida Holdings, LLC (5698); Tommy’s Detroit, LLC 

(5242); Tommy’s California Fresno, LLC (8597); Tommy’s Phoenix, LLC (3036); Tommy’s Las Vegas, LLC (7721); 

Tommy’s Chattanooga, LLC (0839); Tommy’s California Ventura, LLC (5149); Tommy’s Rancho Cordova, LLC 

(1070); Tommy’s Stockton, LLC (1338); and Tommy’s Knoxville, LLC (8052). 

United States Bankruptcy Judge

Signed June 9, 2024

______________________________________________________________________

The following constitutes the ruling of the court and has the force and effect therein described.

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to file a proposed fourth interim order and revised budget by no later than June 5, 2024, at 5:00 

p.m. (prevailing Central Time). 

On June 5, 2024, the Debtors timely filed their Notice of Proposed Fourth Interim Order 

(I) Authorizing the Use of Cash Collateral, (II) Granting Adequate Protection, (III) Modifying the 

Automatic Stay, (IV) Setting a Second Interim Hearing [sic], (V) Setting Final Hearing and (V) 

[sic] Granting Related Relief [Docket No. 119] to provide notice of their proposed fourth interim 

order (the “Proposed Fourth Interim Order”) and revised budget (the “Budget”). The next day, 

M&T Bank (“M&T”) filed its Supplemental Objection to Debtor’s [sic] Cash Collateral Motion

[Docket No. 124] to object to the Debtors’ continuing use of cash collateral under the terms and 

conditions of the Proposed Fourth Interim Order and Budget.2

 On June 6, 2024, the Court conducted the scheduled continued hearing on the Cash 

Collateral Motion. At the conclusion of the hearing, the Court took the matter under advisement, 

setting a hearing for June 7, 2024, to render a ruling. Accordingly, on June 7, 2024, after having 

considered the Cash Collateral Motion, the previously entered interim orders, the Proposed Fourth 

Interim Order, the M&T objections, the evidence introduced, the representations and arguments of 

counsel, and the record in these proceedings, the Court orally issued its findings of fact, 

conclusions of law, and ruling (collectively, the “Ruling”). Based upon the Ruling, which is 

incorporated herein by reference, it is hereby: 

ORDERED that the Debtors’ request pursuant to the Cash Collateral Motion for 

continuing use of cash collateral under the proposed terms and conditions of the Proposed Fourth 

Interim Order and Budget is DENIED. 

# # # END OF ORDER # # # 

2

 Following the filing of the Cash Collateral Motion, M&T asserted its initial, preliminary objections pursuant to its 

Omnibus Objection of M&T Bank to Certain Emergency First Day Motions [Docket No. 21]. 

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