Fresh Produce Holdings, LLC Bankruptcy New Filing Alert: Order Regarding The Motion For Authority To Use Cash Collateral

On May 1, 2015, an order regarding the motion for authority to use cash collateral was filed in the bankruptcy case of Fresh Produce Holdings, LLC and its affiliates.

The filing was assigned docket number 168 and is described on the court’s official docket as follows:

Minute Order: [X} As set forth on the record, the Court will approve the Motion Authorizing Use of Cash Collateral and Providing for Adequate Protection (Docket No. 83) as amended, with the Exhibit 4 budget attached, and with the replacement lien language requested by the Committee. The Court will also approve the requested bidding procedures, and related deadlines and hearing dates as set forth on the record. Separate orders on these motions will enter. [X] As set forth on the record, the Court granted the Landlords Motions (Docket Nos. 87 and 89) and Joinders in part, by ordering that the April stub rent shall be paid to the landlords by no later than May 12, 2015 if a liquidating bid prevails, and no later than May 23, 2015 if a sale as a going concern bid prevails. On or before May 6, 2015, the Debtors must generate and distribute to all landlords an accurate April stub rent spreadsheet akin to the Debtors Exhibit 2 tendered to the Court at the hearing. The remaining relief requested in those motions is denied, and no further order shall enter. (related document(s)13 Motion to Approve, 17 Motion to Use Cash Collateral, 87 Motion for Adequate Protection, 89 Motion to Compel, 90 Joinder, 91 Joinder, 104 Joinder, 110 Joinder, 117 Joinder). (aek) (Entered: 05/01/2015)

Fresh Produce Holdings, LLC filed for bankruptcy protection, or had an involuntary bankruptcy petition filed against it, on April 4, 2015. The bankruptcy case is pending before the United States Bankruptcy Court for the District of Colorado. The case number for the lead bankruptcy case is 15-13485. The bankruptcy case is currently assigned to United States Bankruptcy Judge Michael Romero. The law firm of Brownstein Hyatt Farber Schreck, LLP is acting as lead bankruptcy counsel to Fresh Produce Holdings, LLC in the bankruptcy case.


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