JOINDER IN DEBTOR’S EMERGENCY MOTION ASSERTING: (I) NO PERFECTED LIEN ON
DEBTOR’S CASH OR ACCOUNTS; AND (II) ABILITY TO UTILIZE SUCH PROPERTY OF THE
ESTATE PER 11 U.S.C. § 363(c)(1) –
PAGE 2
U.S.C. §§ 1408 and 1409.
2. The statutory basis for relief requested herein is Section 363 of the United States
Bankruptcy Code.
II. BACKGROUND
3. On July 27, 2009 (the “Petition Date”), the Debtor filed for bankruptcy protection
under chapter 11 of title 11 of the Bankruptcy Code. Pursuant to Sections 1107 and 1108 of the
Bankruptcy Code, the Debtor is continuing to operate its business and manage its property as a
debtor in possession.
4. On or about July 29, 2009, the Debtor filed its Emergency Motion Asserting: (I)
No Perfected Lien on Debtor’s Cash or Accounts; and (II) Ability to Utilize Such Property of the
Estate per 11 U.S.C. § 363(c)(1) (the “Motion”) (Docket No. 10).
5. On September 17, 2009, the Court entered an order approving the appointment of
a chapter 11 trustee (Docket No. 98).
III. JOINDER
6. Though he does not agree with, join in or adopt the factual allegations made by
the Debtor within the Motion, for his own independent reasons, Baron files this Joinder in the
Motion and requests this Court grant the relief sought in the Motion, based upon the arguments
and authority contained therein. Baron hereby joins and adopts those legal arguments here, as if
fully set forth herein.
7. As argued in the Motion, no party has a security interest in the Debtor’s cash,
deposit accounts or accounts as of the Petition Date, and the proceeds therein are not subject to
any party’s security interest or lien, thus, the Debtor, as directed by the Chapter 11 Trustee, may
continue to utilize same in the ordinary course of business without need of any specific order of
Case 09-34784-sgj11 Doc 198 Filed 01/05/10 Entered 01/05/10 09:22:04 Desc
Main Document Page 2 of 3