Lynnette R. Warman 

Tex. Bar No. 20867940 

Richard G. Grant 

Tex. Bar No. 08302650 

CM LAW PLLC 

National Litigation Support Center 

13101 Preston Road, Suite 110-1510 

Dallas, Texas 75240 

Telephone: 214-210-2929 

Email: lwarman@cm.law 

Email: rgrant@cm.law 

ATTORNEYS FOR DEBTOR 

UNITED STATES BANKRUPTCY COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

In re: 

AMERGENT HOSPITALITY GROUP, INC.; 

et al.,1

 Debtors. 

§ 

§ 

§ 

§ 

§ 

§

Case No. 24-42483-MXM-11 

(Jointly Administered) 

Chapter 11 

MOTION FOR INTERIM AND FINAL ORDERS EXTENDING THE TIME TO 

ASSUME OR REJECT NONRESIDENTIAL REAL PROPERTY LEASES 

NO HEARING WILL BE HELD ON THIS APPLICATIONUNLESS A 

WRITTEN RESPONSE IS FILED WITH THE CLERK OF THE UNITED 

STATES BANKRUPTCY COURT AT 501 W. 10TH STREET, ROOM 147, 

FORT WORTH, TEXAS 76102 BEFORE CLOSE OF BUSINESS ON 

NOVEMBER 14, 2024, WHICH IS AT LEAST 21 DAYS FROM THE 

DATE OF SERVICE HEREOF. 

ANY RESPONSE SHALL BE IN WRITING AND FILED WITH THE 

CLERK, AND A COPY SHALL BE SERVED UPON THE UNDERSIGNED 

COUNSEL FOR MOVANTS PRIOR TO THE DATE AND TIME SET 

FORTH HEREIN. IF A RESPONSE IS FILED A HEARING MAY BE 

HELD WITH NOTICE ONLY TO THE OBJECTING PARTY. 

IF NO HEARING ON THIS APPLICATION IS TIMELY REQUESTED, 

THE RELIEF REQUESTED SHALL BE DEEMEDTO BE UNOPPOSED, 

1

 The jointly administered debtors are Amergent Hospitality Group, Inc. (24-42483); I10/I20 Cuisine LLC ( 24-

42482); LBB Acquisition, LLC (24-42484); LBB Acquisition 1 LLC (24-42485); LBB Platform LLC (24-42487); 

LBB Lake Oswego LLC (24-42489); LBB Progress Ridge LLC (24-42490); Noveno LLC (Alberta) (24-42491); 

Quinto LLC (Division) (24-42492); Sexto LLC (Waterfront) (24-42493); and Cuarto LLC (24-42494). 

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AND THE COURT MAY ENTER AN ORDER GRANTING THE RELIEF 

SOUGHT 

The above-captioned debtors and debtors in possession (collectively, the "Debtors"), by 

and through their undersigned counsel, hereby file this motion (the "Motion") for entry of a final 

order, substantially in the form attached hereto as Exhibit A, pursuant to Section 365(d)(4) of 

title 11 of the United States Code (the "Bankruptcy Code") extending the deadline within which 

the Debtors may assume or reject its unexpired leases of nonresidential real property 

(collectively, the "Leases") by ninety (90) days from November 15, 2024 through and including 

February 13, 2025. In support of this Motion, the Debtors respectfully represent as follows: 

JURISDICTION AND VENUE 

1. This Court has jurisdiction over the Motion pursuant to 28 U.S.C. §§ 157 and 

1334. This is a core proceeding pursuant to 28 U.S.C. § 157(b). Venue is proper in this Court 

pursuant to 28 U.S.C. §§ 1408 and 1409. 

BACKGROUND 

2. On July 18, 2204 (the "Petition Date"), the Debtors filed petitions for relief under 

Chapter 11 of the Bankruptcy Code. The Debtors are operating their businesses and managing 

their property as debtors in possession pursuant to Sections 1107(a) and 1108 of the Bankruptcy 

Code. 

3. A description of the Debtors' business and the reasons for the filing of these 

Chapter 11 cases are set forth in the first day declaration of Preston Miller (the "First Day 

Declaration"), which was filed on the Petition Date and is fully incorporated herein by reference. 

4. The Debtors are parties to 11 Leases for restaurant locations, each of which is 

described in Exhibit B attached hereto. The Leases are valuable assets of the estates in that they 

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represent the primary ability of the Debtors to generate earnings. The Debtors are currently in 

the process of marketing the brands and restaurant locations for sale. However, that process is 

not complete. Accordingly, the Debtors request additional time to evaluate which of the Leases 

can be assumed and assigned or must be rejected. 

RELIEF REQUESTED 

5. The Debtors request a final order pursuant to Section 365(d)(4) of the Bankruptcy 

Code extending the deadline (the “Assumption Deadline”) within which the Debtors may assume 

or reject the Leases by ninety (90) days from November 15, 2024 through and including 

February 13, 2025. The Debtors further request entry of an interim order in the form attached 

hereto as Exhibit A1 extending the Assumption Deadline through any hearing required on the 

entry of a final order hereunder. 

BASIS FOR RELIEF 

6. Section 365(d)(4) of the Bankruptcy Code provides: 

(a) Subject to subparagraph (B), an unexpired lease of nonresidential real 

property under which the debtor is the lessee shall be deemed rejected, and the 

trustee shall immediately surrender that nonresidential real property to the lessor, 

if the trustee does not assume or reject the unexpired lease by the earlier of— 

(i) the date that is 120 days after the date of the order for relief; or 

(ii) the date of the entry of an order confirming a plan. 

(b) (i) The court may extend the period determined under subparagraph 

(A), prior to the expiration of the 120-day period, for 90 days on the motion of 

the trustee or lessor for cause. 

(ii) If the court grants an extension under clause (i), the court may 

grant a subsequent extension only upon prior written consent of the lessor in 

each instance. 

11 U.S.C. § 365(d)(4)(A)-(B). In determining whether cause exists under Section 365(d)(4) to 

extend the deadline for a debtor to assume or reject nonresidential leases, courts consider the 

following factors: 

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(A) Whether the debtor was paying for the use of the property; 

(B) Whether the debtor's continued occupation could damage the lessor 

beyond the compensation available under the Bankruptcy Code; 

(C) Whether the lease is the debtor's primary asset; and 

(D) Whether the debtor has had sufficient time to formulate a plan of 

reorganization. 

South St. Seaport Ltd. P'shp. v. Burger Boys, Inc. (In re Burger Boys, Inc.), 94 F.3d 755, 761 (2d 

Cir. 1996) (citations omitted); see also Channel Home Ctrs Inc., 989 F.2d 682, 689 (3d Cir. 

1993) ("nothing prevents a bankruptcy court from granting an extension because a particular 

debtor needs additional time to determine whether the assumption or rejection of particular 

leases is called for by the plan of reorganization that it is attempting to develop"). This list is not 

exhaustive, and, in some cases, additional factors may warrant consideration such as the 

complexity of the case, the number of leases, and the need for judicial determination of whether 

a lease exists. Burger Boys, 94 F.3d at 761. 

7. Here, there is more than sufficient cause to extend the deadline. The Debtors are 

continuing to make payments of postpetition rents in accordance with Section 365(d)(3) of the 

Bankruptcy Code. All postpetition rent has been paid in the postpetition month in which it 

accrues.2

 Furthermore, the Debtors' continued occupation would not damage the lessor parties to 

the Leases. The Debtors have and will continue to perform their undisputed postpetition 

obligations under the Leases. The Leases are also valuable assets of the Debtors' estates and are 

essential to the Debtors' business. 

2

 An exception is the Boudreaux’s Willowbrook lease, where no postpetition rent has been paid. The Debtor is 

currently in discussions with the landlord thereof on an agreed order regarding the disposition of this location. If an 

extension is sought to be granted with respect to Willowbrook, the Debtor will seek consent of the Landlord. 

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8. The Debtors are in the early stages of their bankruptcy cases and, due to the 

withdrawal of its proposed DIP lender, have not had sufficient time to market the brands and 

lease locations or to formulate a plan. The Debtors need additional time to evaluate the Leases 

and their business operations. 

9. For the reasons set forth above, the Debtors respectfully submit that cause exists 

to extend the deadline to assume or reject the Leases as requested herein. 

PROCEDURE 

10. No previous request for the relief sought herein has been made to this or any other 

Court. 

11. Notice of this Motion has been provided as described below to each of the 

Landlords and to the Short Service List established in this case. Debtors submit that, in light of 

the nature of the relief requested, no other or further notice need be given. 

CONCLUSION 

WHEREFORE, the Debtors respectfully request the entry of an order (i) substantially in 

the form annexed hereto as Exhibit A and (ii) granting such other and further relief as the Court 

may determine to be just and proper. 

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Dated: October 24, 2024 Respectfully Submitted, 

CM LAW PLLC 

By: /s/ Richard Grant 

 Lynnette R. Warman 

 Texas Bar No. 20867940 

 Richard G. Grant 

 Tex. Bar No. 08302650 

National Litigation Support Center 

13101 Preston Road, Suite 110-1510 

Dallas, Texas 75240 

Telephone: 214-210-2929 

Email: lwarman@cm.law 

Email: rgrant@cm.law 

ATTORNEYS FOR DEBTORS IN 

POSSESSION 

CERTIFICATE OF SERVICE 

The undersigned hereby certifies that he has transmitted a true and correct copy of the 

foregoing (a)via the Court’s Electronic Case Filing system to all persons participating therein on 

October 24, 2024; (b) via United States First Class Mail, postage prepaid, on October 24, 2024 to 

each of the mailing addresses indicated on the service list attached hereto (the “Short Service 

List”) and also to the mailing addresses for the Landlords indicated on Exhibit B attached hereto 

(the “Landlord Service List”); and (c) via electronic mail on October 24, 2024 to the email 

addresses indicated on the Short Service List and the Landlord Service List. 

 /s/ Richard Grant 

 Richard G. Grant 

 

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Exhibit A 

Proposed Final Order 

 

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UNITED STATES BANKRUPTCY COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

In re: 

AMERGENT HOSPITALITY GROUP, INC.; 

et al.,3

 Debtors. 

§ 

§ 

§ 

§ 

§ 

§

Case No. 24-42483-MXM-11 

(Jointly Administered) 

Chapter 11 

FINAL ORDER EXTENDING THE TIME TO 

ASSUME OR REJECT NONRESIDENTIAL REAL PROPERTY LEASES 

Upon the motion, dated October 24, 2024 (the "Motion"), of the above-captioned debtors 

and debtors in possession (the "Debtors"), for entry of an order, pursuant to Section 365(d)(4) of 

title 11 of the United States Code (the "Bankruptcy Code"), extending the deadline within which 

3

 The jointly administered debtors are Amergent Hospitality Group, Inc. (24-42483); I10/I20 Cuisine LLC ( 24-

42482); LBB Acquisition, LLC (24-42484); LBB Acquisition 1 LLC (24-42485); LBB Platform LLC (24-42487); 

LBB Lake Oswego LLC (24-42489); LBB Progress Ridge LLC (24-42490); Noveno LLC (Alberta) (24-42491); 

Quinto LLC (Division) (24-42492); Sexto LLC (Waterfront) (24-42493); and Cuarto LLC (24-42494). 

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the Debtors may assume or reject its unexpired leases of nonresidential real property by ninety 

(90) days, as more fully described in the Motion; and the Court having jurisdiction to consider 

the Motion and the relief requested therein in accordance with 28 U.S.C. §§ 157 and 1334; and 

consideration of the Motion and the relief requested therein being a core proceeding pursuant to 

28 U.S.C. § 157(b); and that venue of this proceeding and the Motion is proper pursuant to 28 

U.S.C. §§ 1408 and 1409; and due and proper notice of the Motion, and the hearing thereon, 

having been provided, and it appearing that no other or further notice need be provided; and the 

Court having held a hearing on the Motion (the "Hearing"); and the Court having determined that 

the relief requested in the Motion is appropriate pursuant to 11 U.S.C. § 365(d)(4); and the Court 

having found and determined that the legal and factual bases set forth in the Motion and at the 

Hearing establish just cause for the relief granted herein; and upon all of the proceedings had 

before the Court; and after due deliberation and sufficient cause appearing therefor, it is 

HEREBY ORDERED THAT: 

1. The Debtors are hereby GRANTED an extension of the period within which the 

Debtors may assume or reject the Debtors' unexpired leases of nonresidential real property 

(under which the Debtors are lessees) by an additional 90 days, up to and including February 13, 

2025 without prejudice to the Debtors' right to seek further extensions with the consent of the 

affected lessors as contemplated by 11 U.S.C. § 365(d)(4)(B)(ii). 

2. This Court shall retain jurisdiction with respect to all matters arising from or 

related to the implementation of this Order. 

*** END OF ORDER *** 

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Submitted by: 

Richard G. Grant 

CM LAW PLLC 

National Litigation Support Center 

13101 Preston Road, Suite 110-1510 

Dallas, Texas 75240 

Telephone: 214-210-2929 

Email: rgrant@cm.law

COUNSEL FOR 

DEBTORS IN POSSESSION 

 

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Exhibit A1 

Proposed Interim Order 

 

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UNITED STATES BANKRUPTCY COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

In re: 

AMERGENT HOSPITALITY GROUP, INC.; 

et al.,4

 Debtors. 

§ 

§ 

§ 

§ 

§ 

§

Case No. 24-42483-MXM-11 

(Jointly Administered) 

Chapter 11 

INTERIM ORDER EXTENDING THE TIME TO 

ASSUME OR REJECT NONRESIDENTIAL REAL PROPERTY LEASES 

Upon the motion, dated October 24, 2024 (the "Motion"), of the above-captioned debtors 

and debtors in possession (the "Debtors"), for entry of an interim order, pursuant to Section 

365(d)(4) of title 11 of the United States Code (the "Bankruptcy Code"), extending the deadline 

within which the Debtors may assume or reject its unexpired leases of nonresidential real 

property by ninety (90) days, as more fully described in the Motion; and the Court having 

4

 The jointly administered debtors are Amergent Hospitality Group, Inc. (24-42483); I10/I20 Cuisine LLC ( 24-

42482); LBB Acquisition, LLC (24-42484); LBB Acquisition 1 LLC (24-42485); LBB Platform LLC (24-42487); 

LBB Lake Oswego LLC (24-42489); LBB Progress Ridge LLC (24-42490); Noveno LLC (Alberta) (24-42491); 

Quinto LLC (Division) (24-42492); Sexto LLC (Waterfront) (24-42493); and Cuarto LLC (24-42494). 

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jurisdiction to consider the Motion and the relief requested therein in accordance with 28 U.S.C. 

§§ 157 and 1334; it is HEREBY ORDERED THAT: 

1. The Debtors are hereby GRANTED an extension of the period within which the 

Debtors may assume or reject the Debtors' unexpired leases of nonresidential real property 

(under which the Debtors are lessees) through entry of an order following final hearing on the 

Motion. 

2. This Court shall retain jurisdiction with respect to all matters arising from or 

related to the implementation of this Order. 

*** END OF ORDER *** 

Submitted by: 

Richard G. Grant 

CM LAW PLLC 

National Litigation Support Center 

13101 Preston Road, Suite 110-1510 

Dallas, Texas 75240 

Telephone: 214-210-2929 

Email: rgrant@cm.law

COUNSEL FOR 

DEBTORS IN POSSESSION 

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Exhibit B - Lease Information

Store Tenant Alt Name Brand Location Landlord Street 1 Street 2 City State Zip Email Counsel email

501 - Little Big Burger Alberta Noveno LLC Noveno LBB 2038 NE Alberta St 

Portland, OR 97211

PDX Metro Commercial, LLC. - 

Little Big Burger Alberta

2105 NE Cesar E Chevez 

Blvd

Suite 

#220

Portland OR 97212 cgilbert@windermere.com

503 - Little Big Burger Division Quinto LLC Quinto LBB 3810 SE Division St 

Portland, OR 97202

Affinity Property Management - 

Little Big Burger Division

6520 Earl Avenue NW Seattle WA 98117 tim@overlandrealestate.net

504 - Little Big Burger Eugene Cuarto LLC Cuarto LBB 1404 Orchard St Suite B 

Eugene, OR 97403

Courtside - UCAL, LLC - Little 

Big Burger Eugene

1425 Villard St Eugene OR 97403 Dennis.Dayan@gsagroup.co

m

burrerk@gtlaw.com 

512 - Little Big Burger Platform LBB Platform, LLC Orenco LBB 940 NE Orenco Station 

Loop Hillboro, OR 

97214

Hub 9 - Little Big Burger Platform 1111 Main Street, Suite 700 Vancouver WA 98660 mholtze@hollandpartnergrou

p.com

513 - Little Big Burger Progress Ridge LBB Progress Ridge, LLC LBB 12345 SW Horizon Blvd., 

Ste 41 Beaverton, OR 

97007

DSRG LP - Little Big Burger 

Progress Ridge

DSRG - Progress Ridge PO BOX 

664001

Dallas TX 75266 jalexander@sussmanshank.c

om

517 - Little Big Burger Waterfront Sexto LLC Sexto LBB 3720 SW Bond Ave 

Portland, OR 97239

The Ardea - Mept 3720 Portland - 

Little Big Burger Waterfront

3720.SW Bond Ave. #150 Portland OR 97239 ardeamgr@greystar.com; 

MikeA@secprop.com

Garrett.Ledgerwood@miller

nash.com

518 - Little Big Burger Lake Oswego LBB Lake Oswego LLC LBB 3 Monroe Parkway, Suite 

300T Lake Oswego, OR 

97035

RREEF AMERICA REIT II 

CORP GG - Little Big Burger Lake 

Oswego

19350 NW Emma Way, 

Hillsboro, OR 97124; 200 

Crescent Crt #510, Dallas, 

TX 75201

michele.baker@am.jll.com zarnighiann@ballardspahr.

com

701 - Boudreaux West Loop I10/I20 Cuisine LLC Galleria BCK 5475 W. Loop South Suite 

100, Houston TX

Pin Oak LTD 8554 KATY FREEWAY 

#301

HOUSTON TX 77024 bernice@freewayproperties.n

et

jsd@aol.com 

702 - Boudreaux Woodridge I10/I20 Cuisine LLC Gulfgate BCK 100 Gulfgate Mall, 

Houston, TX 77087

Houston Gulfgate Partners, L.P. PO BOX 203354 DALLAS TX 75320-

3354

htaylor@wulfe.com eric.haitz@bondsellis.com

703 - Boudreaux Willowbrook I10/I20 Cuisine LLC Tomball BCK 17595 Tomball Pkwy., 

Houston TX 77064

Willowbrook I Limited Partnership 6372 Santa Monica Blvd Los Angeles CA 90038 ncramer@newquest.com ikennedy@nathansommers

.com

401 - Jaybee's Chicken Palace Amergent Hospitality Group Inc. JB 11875 N Jantzen Dr 

Portland, OR 97217

DKOOP Properties, LLC 5745 SW Arrowwood Ln Portland OR 97225 dkoop@comcast.net kswan@bittner-hahs.com

403 - The Nest Amergent Hospitality Group Inc. JB 11875 N Jantzen Dr 

Portland, OR 97217

DKOOP Properties, LLC 5745 SW Arrowwood Ln Portland OR 97225 dkoop@comcast.net kswan@bittner-hahs.com

405 - The Roost Amergent Hospitality Group Inc. JB 11875 N Jantzen Dr 

Portland, OR 97217

DKOOP Properties, LLC 5745 SW Arrowwood Ln Portland OR 97225 dkoop@comcast.net kswan@bittner-hahs.com

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