UNITED STATES BANKRUTPCY COURT
SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
CASE NO. 04-35435-SHF
IN RE: Chapter 11 Proceedings
eCom eCom.com, Inc.
Debtor.
INTERIM ORDER AUTHORIZING
DEBTOR-IN-POSSESSION TO OBTAIN POST-PETITION
FINANCING AND SCHEDULING A FINAL HEARING
----------------------------------------
THIS CAUSE came before the Court on June 6, 2005 upon the scheduled emergency
hearing ("Hearing") on the "Debtor-in-Possession's Motion for Interim and Final
Orders (A) Authorizing the Debtor to Obtain Post-Petition Financing, and (B)
Scheduling Final Hearing" ("Motion"), and the Court, having reviewed the file,
having heard arguments of counsel, having determined that the Estate will suffer
immediate and irreparable harm in the event relief is not granted on an interim
basis and that good and sufficient cause exist in support of the relief
requested, having further determined that American Capital Holdings, Inc.
("AmCap") will extend financing in good-faith, and being otherwise fully advised
in the premises, it is
ORDERED as follows:
1. The Motion is GRANTED as follows:
-(a) the Debtor is authorized to obtain post-petition financing in
the amount of $100,000.00 from AmCap on the terms and
conditions set forth in the Motion and announced on the record
at the Hearing ("DIP Financing");
(b) the Debtor is authorized to perform all acts, and execute and
comply with the terms of such other documents, instruments and
agreements as AmCap may reasonably require, as evidence of and
for the protection of the DIP Financing, or which otherwise may
be deemed reasonably necessary by AmCap to effectuate the terms
and conditions of this Interim Order; and
(c) AmCap is a good-faith lender and, therefore, is entitled to the
protections afforded under 11 U.S.C. section 364(e).
2. The provisions of this Interim Order shall be effective immediately
Upon entry by the Court pursuant to Rules 6004(g), Fed.R.Bankr.P.
3. Pursuant to Rule 4001(c), Fed.R.Bankr.P., a final hearing on the
Motion is scheduled for July 25, 2005 at 1:30 P.M. at 1675 Palm Beach
Lakes Boulevard, 8* Floor, West Palm Beach Florida, 33401, and no
separate notice of hearing shall be required.
DONE AND ORDERED in the Southern District of Florida June 14, 2005
/s/ Steven H. Friedman
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STEVEN H. FRIEDMAN
United States Bankruptcy Judge
Copies furnished to:
Michael D. Seese, Esq.
Attorney SEESE is directed to serve a conforming copy of this Order upon all
creditors and parties in interest.
eCom.com, Inc.
8125 Monetary Drive, #H4
Riviera Beach, FL 33404
Ronald Scott Kaniuk, Esq.
1555 Palm Beach Lakes Blvd.
#1510
West Palm Beach, EL 33401
American Capital Holdings, Inc.
100 Village Square Crossing
#202
Palm Beach, FL 33410
ACHI Inc.
601 Seafarer Circle
Jupiter, FL 33477
Palm Beach County Tax Collector
P.O. Box 3715
West Palm Beach, FL 33402
Richard Tuner
4200 Oak Street
Palm Beach, FL 33418
IRS
Special Procedures - Insolvency
Stop 5760
P.O. Box 17167
Fort Lauderdale, FL 33318
Assistant U.S. Trustee
51 N.W. 1 Avenue
#1204
Miami, FL 33130
Florida Dept. of Revenue
P.O.Box 6668
Bankruptcy Division Tallahassee, FL 32314-6668
AT&T
P.O. Box 8212
Aurora, DL 60572-8212
Bell South
P.O. Box 1262
Charlotte, NC 28201-1262
Florida Atlantic Stock Transfer
7130 Nob Hill Road
Tamarac, FL 33321
Grant & Leatherwood, P.A.
105 North Spring Street
Greenville, SC 29601
Wiesneck, Andres & Co.
772 U.S. Highway 1
North Palm Beach, FL 33408
Barney A. Richmond
601 Seafarer Circle Apt. 402
Jupiter, FL 33477
David & Barbara Panaia
8125 Monetary Drive
Suite H5
Riviera Beach, FL 33404
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
In re:
eCom eCom.com, Inc.
Debtor.
CASE NO.: 04-35435-BKC-SHF
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the Interim Order Authorizing Debtor-in-
Possession to Obtain Post-Petition Financing and Scheduling a, Final Hearing was
served via U.S. Mail this 28th day of June, 2005, to all parties on the attached
Service List.
I HEREBY CERTIFY that I am admitted to the Bar of the United States
District Court for the Southern District of Florida and I am in compliance with
the additional qualifications to practice in this Court set forth in Local Rule
2090-l(A).
Respectfully submitted,
KLUGER, PERETZ, KAPLAN & BERLIN, P.L.
Attorneys for Trustee, MARIKA TOLZ
Miami Center - 17th Floor
201 South Biscayne Boulevard
Miami, Florida 33131
Telephone: (305) 379-9000
By: /s/ Michael D. Seese
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Michael D. Seese
Fla. Bar No. 997323