ORDER GRANTING DEBTOR’S SUPPLEMENTAL EMERGENCY

MOTION FOR ORDER AUTHORIZING PAYMENT OF CRITICAL

VENDORS PURSUANT TO 11 U.S.C. §§ 105(A) AND 363(B) Page 1 of 3 

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

In re:

GRAND FUSION HOUSEWARES, LLC, 

Debtor.

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Chapter 11

Case No. 24-41694-mxm11V 

ORDER GRANTING DEBTOR’S SUPPLEMENTAL EMERGENCY 

MOTION FOR ORDER AUTHORIZING PAYMENT OF CRITICAL 

VENDORS PURSUANT TO 11 U.S.C. §§ 105(a) AND 363(b) 

 Came on for consideration the Debtor’s Supplemental Emergency Motion for Order 

Authorizing Payment of Critical Vendors Pursuant to 11 U.S.C. §§ 105(a) and 363(b) [Docket No. 

82] (the “Motion”),1 filed by the above captioned-debtor and debtor-in-possession (the “Debtor”). 

The Court has reviewed the Motion and has found that (a) the Court has jurisdiction over this 

matter pursuant to 28 U.S.C. §§ 157 and 1334; (b) this is a core proceeding pursuant to 28 U.S.C. 

§ 157(b)(2); (c) notice of the Motion was sufficient under the circumstances; (d) the Debtor has

shown good, sufficient, and sound business purpose and justification for the relief requested in the 

1 Capitalized terms used but not otherwise defined herein shall have the meaning set forth in the Motion.

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

Signed September 16, 2024

_____________________________________________________________________

____________________________

United States Bankruptcy Judge
 

ORDER GRANTING DEBTOR’S SUPPLEMENTAL EMERGENCY

MOTION FOR ORDER AUTHORIZING PAYMENT OF CRITICAL

VENDORS PURSUANT TO 11 U.S.C. §§ 105(A) AND 363(B) Page 2 of 3

Motion; and (e) good and sufficient cause exists to grant the relief provided below which it finds 

to be in the best interests of the Debtor and necessary to avoid imminent and irreparable harm to 

the Debtor’s estate. Accordingly, IT IS THEREFORE

ORDERED that the Motion is granted as set forth herein. IT IS FURTHER

ORDERED that the Debtor is hereby authorized, but not directed, to pay Atomic Hosting 

the entire prepetition balance due and owing to it, believed to be $2,735.60 as of the Petition Date. 

IT IS FURTHER

ORDERED that if any party accepts payment pursuant to the relief requested by the 

Motion and provided by this Order and thereafter does not continue to provide goods or services 

to the Debtor on customary trade terms, as applicable: (i) such payment may be deemed by the 

Debtor to be an improper postpetition transfer on account of a prepetition claim and, therefore, 

will be immediately recoverable by the Debtor in cash upon written request; (ii) upon recovery by 

the Debtor, any prepetition claim of such party shall be reinstated as if the payment by the Debtor 

had not been made in the first instance; and (iii) if there exists an outstanding postpetition balance 

due from the Debtor to such party, then the Debtor may elect to recharacterize and apply any 

payment made pursuant to the relief requested by the Motion to such outstanding postpetition 

balance, and such supplier or vendor will be required to repay to the Debtor such paid amounts to 

the extent that they exceed the postpetition obligations then outstanding, without the right of any 

setoffs, claims, provisions for payment of any claims, or otherwise. IT IS FURTHER

ORDERED nothing herein shall impair or prejudice the Debtor’s ability to contest the 

extent, perfection, priority, validity, or amounts of any claims held by any Critical Vendor and 

nothing herein shall constitute an admission (a) as to the validity or amount as to any Critical 

Vendor’s claim(s), or (b) that any such Critical Vendor holds allowed claim(s). Debtor reserves
 

ORDER GRANTING DEBTOR’S SUPPLEMENTAL EMERGENCY

MOTION FOR ORDER AUTHORIZING PAYMENT OF CRITICAL

VENDORS PURSUANT TO 11 U.S.C. §§ 105(A) AND 363(B) Page 3 of 3

any all rights to contest any asserted claim(s) of any Critical Vendor on any and all available bases. 

IT IS FURTHER

ORDERED this Order shall be effective immediately irrespective of any stay imposed by 

Bankruptcy Rule 6004(h) or otherwise. IT IS FURTHER

ORDERED that this Court shall retain jurisdiction over any and all matters arising from 

or related to the enforcement, implementation, and/or interpretation of this Order.

### END OF ORDER ###

Order submitted by:

Bryan C. Assink

Texas State Bar No. 24089009

BONDS ELLIS EPPICH SCHAFER JONES LLP

420 Throckmorton Street, Suite 1000

Fort Worth, Texas 76102

(817) 405-6900 telephone

(817) 405-6902 facsimile

Email: bryan.assink@bondsellis.com

COUNSEL FOR DEBTOR

AND DEBTOR-IN-POSSESSION