uantity quipment model erial umberone (1) kyocera copier m3540idn lsh5912622 one (1) kyocera copier...
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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION www.flsb.uscourts.gov
In Re: Case No.: 18-12741-LMI
MIAMI INTERNATIONAL MEDICAL CENTER, LLC Chapter 11 d/b/a THE MIAMI MEDICAL CENTER,
Debtor.
____________________________________________/
U.S. BANK’S APPLICATION FOR PAYMENT OF ADMINISTRATIVE EXPENSES
Creditor, U.S. BANK NATIONAL ASSOCIATION d/b/a U.S. BANK EQUIPMENT
FINANCE (“U.S. BANK”), by and through its undersigned counsel, hereby files this Application for
Payment of Administrative Expenses, and in support thereof, states as follows:
1. The Debtor, MIAMI INTERNATIONAL MEDICAL CENTER, LLC d/b/a THE
MIAMI MEDICAL CENTER (“Debtor”), filed its voluntary petition for relief under Chapter 11 on
March 9, 2018.
2. U.S. BANK and the Debtor are parties to a Lease Agreement (and supplement
thereto), and related documents (assigned to U.S. BANK by DEX Imaging, Inc.), providing for the
lease of the following equipment:
QUANTITY EQUIPMENT MODEL SERIAL NUMBER
One (1) Kyocera Copier 3051ci L855712699
One (1) Kyocera Copier 3051ci L855712704
One (1) Kyocera Copier M3540idn LSH5912582
One (1) Kyocera Copier M3540idn LSH5912601
One (1) Kyocera Copier M3540idn LSH5912604
One (1) Kyocera Copier M3540idn LSH5912597
One (1) Kyocera Copier M3540idn LSH5812159
Case 18-12741-LMI Doc 320 Filed 09/06/18 Page 1 of 4
U.S. Bank’s Application for Payment of Administrative Expenses Case No.: 18-12741-LMI
Page 2 of 4
QUANTITY EQUIPMENT MODEL SERIAL NUMBER
One (1) Kyocera Copier M3540idn LSH5812157
One (1) Kyocera Copier M3540idn LSH5912617
One (1) Kyocera Copier M3540idn LSH5912625
One (1) Kyocera Copier M3540idn LSH5812166
One (1) Kyocera Copier M3540idn LSH5812169
One (1) Kyocera Copier M3540idn LSH5812167
One (1) Kyocera Copier M3540idn LSH5912592
One (1) Kyocera Copier M3540idn LSH5912589
One (1) Kyocera Copier M3540idn LSH5912598
One (1) Kyocera Copier M3540idn LSH5912608
One (1) Kyocera Copier M3540idn LSH5812155
One (1) Kyocera Copier M3540idn LSH5912595
One (1) Kyocera Copier M3540idn LSH5912607
One (1) Kyocera Copier M3540idn LSH5912599
One (1) Kyocera Copier M3540idn LSH5912602
One (1) Kyocera Copier M3540idn LSH5812162
One (1) Kyocera Copier M3540idn LSH5812161
One (1) Kyocera Copier M3540idn LSH5812163
One (1) Kyocera Copier M3540idn LSH5912628
One (1) Kyocera Copier M3540idn LSH5912620
One (1) Kyocera Copier M3540idn LSH5912623
One (1) Kyocera Copier M3540idn LSH5912626
One (1) Kyocera Copier M3540idn LSH5912622
One (1) Kyocera Copier M3540idn LSH5912624
One (1) Kyocera Copier M3540idn LSH5912619
One (1) Kyocera Copier M6530cdn V665801399
One (1) Kyocera Copier 406ci V786100495
Case 18-12741-LMI Doc 320 Filed 09/06/18 Page 2 of 4
U.S. Bank’s Application for Payment of Administrative Expenses Case No.: 18-12741-LMI
Page 3 of 4
A true and correct copy of said Lease Agreement (including supplement, assignment, and UCCs) is
attached hereto and incorporated herein by reference as Composite Exhibit “A” (and also attached
to Creditor’s Proof of Claim(s) #059, filed April 16, 2018, and #141, amendment filed on July 17,
2018 / [D.E. 318], incorporated herein by reference).
3. The monthly lease payment due thereunder is $2,583.94, to be paid on the tenth (10th)
day of each month.
4. As of the date of this request, the Debtor has not paid U.S. BANK for post-petition
lease rental charges, which continue to accrue, and include the March 10, 2018 monthly payment,
and all subsequent payments.
5. The subject Lease Agreement has not actually been rejected to date. However,
Counsel for Variety Children’s Hospital (“VCH”) indicated to the undersigned that VCH does not
intend to assume U.S. BANK’s Lease Agreement.
6. Upon information and belief, the Debtor continues to use the copy machines, and U.S.
BANK requests that this Court enter an Order directing the Debtor to pay all post-petition rental
charges as an administrative expense pending the decision to assume or reject.
7. In accordance with the Lease Agreement, U.S. BANK is entitled to payment of its
attorneys’ fees and costs as an element of its administrative expense claim. In re: Beltway Medical
Inc., 358 B.R. 448, 453 (Bank. S.D. Fla. 2006).
WHEREFORE, Creditor, U.S. BANK NATIONAL ASSOCIATION d/b/a U.S. BANK
EQUIPMENT FINANCE, respectfully requests an Order from this Honorable Court granting it an
allowed Administrative Claim for all unpaid post-petition payments due, or otherwise, enter an Order
determining its rights as an administrative expense creditor under §503(b) and §365(d)(5) of the
Case 18-12741-LMI Doc 320 Filed 09/06/18 Page 3 of 4
U.S. Bank’s Application for Payment of Administrative Expenses Case No.: 18-12741-LMI
Page 4 of 4
Bankruptcy Code for all amounts due post-petition with regard to the subject Lease Agreement, and
grant any such other and further relief as this Court deems just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 6th day of September 2018, a true and correct copy of the
foregoing U.S. Bank’s Application for Payment of Administrative Expenses was filed with the Clerk of the
United States Bankruptcy Court for the Southern District of Florida via the CM/ECF system, and a copy
of the foregoing document was furnished to the parties listed below in the manner indicated.
I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court for the
Southern District of Florida and am in compliance with the additional qualifications to practice in this
Court, as set forth in Local Rule 2090-1(A).
EMANUEL & ZWIEBEL, PLLC Attorneys for Creditor: U.S. Bank
7900 Peters Road, Building B, Suite 100 Plantation, Florida 33324
Telephone: (954) 472-7500
By: ____/s/ Ronald M. Emanuel____RONALD M. EMANUEL, ESQ.
FLA. BAR NO.: 746932
VIA CM/ECF SYSTEM WHICH WILLSEND NOTICE OF ELECTRONIC FILING TO:
Daniel N. Gonzalez, Esq. Peter D. Russin, Esq. Attorneys for Debtor 200 S. Biscayne Blvd., Suite #3200 Miami, Florida 33131 dgonzalez@melandrussin.comprussin@melandrussin.com
Johanna Armengol Office of the US Trustee 51 SW 1st Ave., Suite #1204 Miami, Florida 33130 johanna.armengol@usdoj.gov
Jacqueline Calderin, Esq.Robert P. Charbonneau, Esq. Attorneys for Creditor Committee 501 Brickell Key Dr., Suite #300 Miami, Florida 33131 jc@agentislaw.comrpc@agentislaw.com
Trustee Services, Inc. Noticing / Claims Agent 8201 Peters Road, Suite #1000 Plantation, Florida 33324
VIA STANDARD U.S. MAIL TO:
Miami International Medical Center, LLC d/b/a The Miami Medical Center Debtor 5959 NW 7th Street Miami, Florida 33126
Case 18-12741-LMI Doc 320 Filed 09/06/18 Page 4 of 4
Composite Exhibit "A"
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