UANTITY QUIPMENT MODEL ERIAL UMBEROne (1) Kyocera Copier M3540idn LSH5912622 One (1) Kyocera Copier M3540idn LSH5912624 One (1) Kyocera Copier M3540idn LSH5912619 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





Case 18-12741-LMI Doc 320 Filed 09/06/18 Page 1 of 4

http://www.flsb.uscourts.gov/

U.S. Bank’s Application for Payment of Administrative Expenses Case No.: 18-12741-LMI

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QUANTITY EQUIPMENT MODEL SERIAL NUMBER


























One (1) Kyocera Copier M6530cdn V665801399

One (1) Kyocera Copier 406ci V786100495



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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



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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 [email protected]@melandrussin.com

Johanna Armengol Office of the US Trustee 51 SW 1st Ave., Suite #1204 Miami, Florida 33130 [email protected]

Jacqueline Calderin, Esq.Robert P. Charbonneau, Esq. Attorneys for Creditor Committee 501 Brickell Key Dr., Suite #300 Miami, Florida 33131 [email protected]@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


mailto:[email protected]





Composite Exhibit "A"

Case 18-12741-LMI Doc 320-1 Filed 09/06/18 Page 1 of 9









Documents

UANTITY QUIPMENT MODEL ERIAL UMBEROne (1) Kyocera Copier M3540idn LSH5912622 One (1) Kyocera Copier M3540idn LSH5912624 One (1) Kyocera Copier M3540idn LSH5912619 One (1) Kyocera Copier