Caption in Compliance with D.N.J. LBR 9004-1(b)
FOX ROTHSCHILD LLP
49 Market St.
Morristown, NJ 07960 Mark E. Hall, Esq.
Martha B. Chovanes, Esq. Michael R. Herz, Esq. mhall@foxrothschild.com mchovanes@foxrothschild.com mherz@foxrothschild.com Telephone: (973) 992-4800 Facsimile: (973) 992-9125
Proposed Counsel for L’Occitane, Inc. In Re:
L’OCCITANE, INC.,
Debtor.
Chapter 11
Case No. 21-10632-MBK Judge: Michael B. Kaplan
INTERIM ORDER AUTHORIZING THE DEBTOR TO PAY CERTAIN TAXES AND FEES IN THE ORDINARY COURSE OF BUSINESS
The relief set forth on the following pages, numbered two (2) through five (5), is hereby
ORDERED.
DATED: January 28, 2021
Order Filed on January 28, 2021 by Clerk
This matter, having been brought before the Court upon the motion (the “Tax Motion” or the “Motion”)1 of L’Occitane, Inc., the above captioned debtor and debtor-in-possession (the “Debtor”), for entry of an order pursuant to sections 105(a), 363(b), 507(a), and 541(d) of title 11 of the United States Code (the “Bankruptcy Code”), and Federal Rule of Bankruptcy Procedure 6003, authorizing but not directing, the Debtor to pay certain prepetition taxes and fees in the ordinary course of business, (as more fully set forth in the Motion, the “Sales and Use Taxes”); and it appearing that the Court has jurisdiction to consider the Motion and the relief requested therein in accordance with 28 U.S.C. §§ 157 and 1334; and consideration of the Motion and the relief requested therein being a core proceeding pursuant to 28 U.S.C. § 157(b); and venue being proper before this Court pursuant to 28 U.S.C. §§ 1408 and 1409; and due, sufficient, and proper notice of the Motion having been provided under the circumstances and in accordance with the Bankruptcy Rules and the Local Rules, and it appearing that no other or further notice need be provided; and a hearing having been held to consider the interim relief requested in the Motion (the “Hearing”); and upon consideration of the Declaration of Yann Tanini in Support of First Day Applications and Motions (the “Tanini Declaration”) filed contemporaneously with the Motion, and the record of the Hearing and all of the proceedings had before the Court; and the Court having found and determined that the relief sought in the Motion is in the best interests of the Debtor’s estate, creditors, stakeholders and all other parties-in-interest, and that the legal and factual bases set forth in the Motion establishes just cause for the relief granted herein; and after due deliberation and sufficient cause appearing therefore,
IT IS HEREBY ORDERED THAT:
1. The Motion is GRANTED on an interim basis.
2. The Debtor is authorized, but not directed, pursuant to sections 105(a), 363(b), 507(a), and 541(d) of the Bankruptcy Code, to pay pre-petition Sales and Use Taxes owing to the Authorities (as defined in the Motion) in the ordinary course of its business.
3. The Debtor is not authorized to accelerate any payments of Sales and Use Taxes that are not otherwise due and payable before the final hearing on the Motion. To the extent the Debtor determines at any time that they have overpaid any Taxes or Fees, the Debtor is authorized to seek refunds from the applicable Authorities.
4. The Debtor is authorized to continue paying postpetition Sales and Use Taxes in the ordinary course of business.
5. The Debtor is further authorized, but not directed, to open a new bank account for the purpose of escrowing funds to pay estimated Sales and Use Tax obligations that are anticipated to come due within the first thirty (30) days after the Petition Date, provided that such new account is (a) insured with the Federal Deposit Insurance Corporation or the Federal Savings Loan Insurance Corporation, and (b) designated as an authorized depository by the United States Trustee pursuant to the United States Trustee’s Operating Guidelines. The Debtor shall provide notice to the United States Trustee of the opening of a new bank account within five (5) business days of opening such account.
will not perform additional services other than the services described in the Motion, unless the performance of such services is approved by further Order of the Court on notice to parties in interest. The Office of the United States Trustee reserves the right to request copies of the invoices submitted to the Debtor by Veritex and Baker Tilly.
7. Notwithstanding the relief granted herein and any actions taken hereunder, nothing contained in this order or any payment made pursuant to this order shall constitute, nor is it intended to constitute, an admission as to the validity or priority of any claim against the Debtor, a waiver of the Debtor’s or any party-in-interest’s rights to subsequently dispute such claim or the assumption or adoption of any agreement, contract or lease under section 365 of the Bankruptcy Code.
8. The Debtor is authorized to take all actions necessary to effectuate the relief granted pursuant to this order in accordance
9. The requirements of Bankruptcy Rule 6003(b) have been satisfied. 10. The requirements of Bankruptcy Rule 6004(a) are waived.
counsel to any statutory committed appointed in this chapter 11 case, so as to be received by each no later than 4:00 p.m. (Eastern Time) on February 18, 2021 (the “Objection Deadline”).
12. If no objections or responses are timely filed and served as set forth herein, the Debtor shall, on or after the Objection Deadline, submit to the Court a final order (the “Final Order”) substantially in the form of the Final Order attached to the Motion, which Final Order may be entered with no further notice or need for the Final Hearing.
13. This Order shall remain in effect until entry of the Final Order. Notwithstanding Bankruptcy Rule 6004(h), this Order shall be effective and enforceable immediately upon entry hereof.
14. A true copy of this Order shall be served on all required parties pursuant to D.N.J. LBR 9013-5(f).
15. Any party may move for modification of this Order in accordance with D.N.J. LBR 9013-5(e).
