Application to Employ Accountant Brett Nesbit and Rehmann Robson — In re The Property Advocates, P.A.
Summary
The Debtor in Possession's application to employ accountant Brett Nesbit and the firm of Rehmann Robson, LLC for recovery of employee retention credit, filed November 22, 2023 as Doc 150 in In re The Property Advocates, P.A., Case No. 23-16797-RAM, a Chapter 11 case, in the United States Bankruptcy Court for the Southern District of Florida. The Debtor, described as a Florida law firm specializing in first party property insurance claims, seeks to employ the Accountant under § 327(a) of the Bankruptcy Code. The services include preparing the Employee Retention Credit calculation and amended Forms 941 and analyzing PPP loan integration. Fees total $187,000.00, payable in monthly installments of $10,000.00 with a final installment of $87,000.00 due September 15, 2024.
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“Application to Employ Accountant Brett Nesbit and Rehmann Robson — In re The Property Advocates, P.A.”
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Case 23-16797-RAM Doc 150 Filed 11/22/23 Page 1 of 14
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
www.flsb.uscourts.gov
In re:
Case No. 23-16797-RAM
THE PROPERTY ADVOCATES, P.A., Chapter 11
Debtor.
_________________________________/
DEBTOR IN POSSESSION’S APPLICATION
TO EMPLOY ACCOUNTANT BRETT NESBIT, CPA, MBA,
MSA AND THE FIRM OF REHMANN ROBSON, LLC AS
ACCOUNTANT FOR RECOVERY OF EMPLOYEE RETENTION CREDIT
The Property Advocates (the “Debtor”), Debtor and Debtor-in-Possession, hereby files
this application seeking authorization to employ Brett Nesbit, CPA, MBA, MSA and the firm of
Rehmann Robson, LLC (“Accountant”), for recovery of employee retention credit in this case,
effective to the date of this Application, in support thereof states:
Background
1. Chapter 11 Case. On August 25, 2023, the Debtor filed voluntary petition for relief
under Chapter 11 of the Bankruptcy Code. Pursuant to the Court’s order (Doc. No. 4), The Debtor
continues to operate its business as Debtor-in-Possession.
2. Business of Debtor. The Debtor is a Florida law firm specializing in first party
property insurance claims.
3. Jurisdiction. The Court has jurisdiction over this Application pursuant to 28 U.S.C.
§§ 157 and 1334. Venue of this proceeding and this Application is proper in this District pursuant
to 28 U.S.C. §§ 1408 and 1409. The statutory predicate for the relief sought herein is § 327(a) of
the Bankruptcy Code.
Case 23-16797-RAM Doc 150 Filed 11/22/23 Page 2 of 14
4. Qualifications. The Accountant has been selected because the Accountant (i) has
considerable experience in matters of this nature; (ii) is well-qualified to provide the necessary
services for the Debtor-in-Possession.
5. Services. Debtor seeks to employ Accountant for the purpose of preparing Debtor’s
Employee Retention Credit Calculation; determination and documentation of credit eligibility in
accordance with IRS requirements; Preparing Debtor’s Amended Form 941s-Employers Quarterly
Federal Tax Return and conducting an analysis of PPP loan integration with Employee Retention
Credit calculations.
6. Fees. The total of the Accountant’s fees are $187,000.00 payable in nine (9)
monthly installments beginning November 2023 in the monthly amount of $10,000.00 with the
final installment in the amount of $87,000.00 payable September 15, 2024. See Agreement
attached as Composite Exhibit A. The fees will be paid by the Debtor upon approval by the
Court.
7. Disinterested. To the best of the Debtor’s knowledge, said Accountant does not
have any connection with the Creditors or other parties in interest or their respective attorneys, the
United States Trustee, or any person employed in the Office of the U.S. Trustee as required by
Bankruptcy Rule 2014. The Accountant does not represent any interest adverse to the Debtor.
8. Verified Statement. Attached is the verified statement of the Accountant in
support of this Application.
Legal Authority
Bankruptcy Code section 327(a) provides in relevant part:
. . . the trustee, with the court’s approval, may employ one
of more. . . accountants, . . ., that do not hold or represent an interest
adverse to the estate, and that are disinterested persons, to represent
or assist the trustee in carrying out the trustee’s duties under this
title.
Case 23-16797-RAM Doc 150 Filed 11/22/23 Page 3 of 14
Section 1107(b) provides “Notwithstanding section 327(a) of this title, a person is not
disqualified under section 327 of this title by a Debtor in Possession solely because of such
person’s employment by or representation of the debtor before the commencement of the case.”
To give meaning to the language in the introductory clause in 1107(b) “. . . the more sensible
interpretation of section 1107(b) is that Congress intended to allow employment by a debtor in
possession of its prepetition professionals ‘in spite of’ section 327(a)—i.e., regardless of whether
they held claims against the debtor in possession so long as the otherwise disqualifying fact is
necessarily coupled to the professional's prepetition employment.” In re Talsma, 436 B.R. 908,
913 (Bankr., N.D. Tex 2010).
WHEREFORE, the Debtor requests the entry of an order: (i) authorizing the Debtor to
retain and employ Brett Nesbit and the firm of Rehmann Robson, LLC., as Accountant for the
purpose of recovery of employee retention credit (ii) for such other and further relief as is just and
proper in the circumstances.
THE PROPERTY ADVOCATES
By_______________________
Hunter Patterson, President
CERTIFICATE OF SERVICE
I certify that a true and correct copy of this application was mailed on November 22
____,
2023, to the parties indicated below:
/s/Paul N. Mascia
Michael A. Nardella, Esq.
Florida Bar No. 051265
Paul N. Mascia, Esq.
Florida Bar No. 0489670
Nardella & Nardella, PLLC
135 W. Central Blvd., Suite 300
Case 23-16797-RAM Doc 150 Filed 11/22/23 Page 4 of 14
Orlando, FL 32801
(407) 966-2680
pmascia@nardellalaw.com
mnardella@nardellalaw.com
klynch@nardellalaw.com
COUNSEL TO DEBTOR
Copies to: U.S. Trustee
Rehmann Robson, LLC
20 Largest Unsecured Creditors (list attached)
Case 23-16797-RAM Doc 150 Filed 11/22/23 Page 5 of 14
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
www.flsb.uscourts.gov
In re:
Case No. 23-16797-RAM
THE PROPERTY ADVOCATES, P.A., Chapter 11
Debtor.
_________________________________/
AFFIDAVIT OF BRETT NESBIT, CPA, MBA, MSA IN
SUPPORT OF DEBTOR'S APPLICATION TO EMPLOY ACCOUNTANT
STATE OF MICHGAN
COUNTY OF WAYNE
BEFORE ME, the undersigned authority, personally appeared Brett Nesbitt, a certified
public accountant with Rehmann Robson, LLC, who, being duly sworn, submits the following
statement in compliance with 11 U.S.C. §§ 327, 328 and 329 and Bankruptcy Rules 2014 and 2016
and deposes and says:
1. Accountant. I am a certified public accountant with the firm of Rehmann Robson,
LLC and have been practicing for 15 years in the State of Florida. I have personal knowledge of
the allegations of this declaration.
2. Disinterestedness. Except as set forth below, to the best of my knowledge, neither
I nor the other members, associates or employees of Accountant:
a. have any connections with the Debtor, creditors, or any other party in
interest in this case, their respective attorneys and accountants, with the United
States Trustee, or with any person employed in the office of the United States
Trustee, except the Accountant: has previously provided accounting services to the
Debtor in prior years;
b. hold any interest adverse to the estate;
Case 23-16797-RAM Doc 150 Filed 11/22/23 Page 6 of 14
c. is a creditor, equity security holder, or an insider of Debtor:;
d. is an investment banker for any outstanding security of Debtor;
e. has been, within three years before the date of the filing of this petition, an
investment banker for a security of Debtor, or an accountant for such an investment banker in
connection with the offer, sale, or issuance of a security of Debtor;
f. has been, within two years before the date of the filing of the petition, a
director, officer, or employee of the Debtor or of an investment banker specified in paragraphs 2d
and 2e above; and
g. has an interest materially adverse to the interest of the estate or of any class
of creditors or equity security holders, by reason of an direct or indirect relationship to, connection
with, or interest in, the Debtor or an investment banker specified in paragraphs 2d or 2e above, or
for any other reason.
3. Services. . Debtor seeks to employ Accountant for the purpose of preparing
Debtor’s Employee Retention Credit Calculation; determination and documentation of credit
eligibility in accordance with IRS requirements; Preparing Debtor’s Amended Form 941s-
Employers Quarterly Federal Tax Return and conducting an analysis of PPP loan integration with
Employee Retention Credit calculations.
4. Fees and Costs. Subject to approval of the Court, the Accountant’s total fees of
$187,000.00 as outlined in the invoice attached as Composite Exhibit A. The fees will be paid by
the Debtor.
FURTHER AFFIANT SAYETH NAUGHT. SIGNATURE TO FOLLOW ON NEXT
PAGE.
Case 23-16797-RAM Doc 150 Filed 11/22/23 Page 7 of 14
Case 23-16797-RAM Doc 150 Filed 11/22/23 Page 8 of 14
October 25, 2023
The Property Advocates PA
2525 Ponce de Leon Blvd, Ste 600
Coral Gables, FL 33134
Dear Mr. Patterson:
We appreciate the opportunity to provide our services to you. In order to ensure an understanding of
our mutual responsibilities, we are asking our clients for whom we provide tax services, and in accordance
with our professional standards as promulgated by the American Institute of Certified Public
Accountants, to acknowledge the nature and extent of the services we will provide.
Tax Consulting Services
We will calculate the amount of your Employee Retention Credit for the year 2021 including assistance
with analysis on eligibility for the credit and integration with any PPP loans you have received. We will
provide you with the credit information that needs to be reported on your Employer’s Quarterly Federal
Tax Return Form 941. We will advise on the logistics of retaining employment taxes against the credit
and upon request we can assist with or prepare the 941 forms.
We will not audit nor independently verify the data you provide us. Our engagement cannot be relied
upon to uncover errors in the underlying information incorporated into the tax return(s), or irregularities,
should any exist. We will not investigate nor verify any facts underlying the transactions reported. If
the actual facts differ from the facts represented to or understood by us, or if there are other facts of which
we are not aware, the determinations that are made pursuant to this engagement could be materially
different than that which would be the case had the facts been correctly provided to us. You will
assume responsibility for providing accurate information and for the outcome should inaccurate
information be provided to us. Further, you agree to release, indemnify, defend and hold Rehmann
Robson LLC (“Rehmann”) harmless from any liability and costs resulting from the knowing or
negligent misrepresentations by you of facts relevant to any analysis undertaken pursuant to this
consulting engagement.
We will maintain the information you provide to us in confidence within our firm and will not disclose
to others your confidential information except with your consent, or as required by law, or permitted
under the standards of the accounting profession.
We provide no guarantee as to the outcome of the above consulting services. We will base our tax
analysis and conclusions on the facts that you provide to us and on tax law applicable to the years
involved. Written advice provided by us is for your information only and is not to be provided to any
third party without our express written consent. Unless you specifically engage us to do so in a separate
written document, we will not monitor and update our advice for subsequent changes or modifications to
the tax law and regulations nor to the related judicial and administrative interpretations.
Case 23-16797-RAM Doc 150 Filed 11/22/23 Page 9 of 14
The Property Advocates PA
October 25, 2023
Page 2
Engagement Administration, Fees and Other
Our fees for the above tax consulting services will be based on the nature and complexity of the
engagement, the degree of responsibility involved, the time spent on performing the services, and the
experience level of the personnel assigned, plus reimbursement of our out-of-pocket expenses, including
but not limited to filing fees, travel, postage, or the services of an outside consultant, if necessary and
agreed to in advance. We will bill you for fees and expenses at least monthly as they are incurred. You
agree to pay our invoices upon receipt. A late payment charge at the rate of 18 percent per annum will
be imposed on amounts 30 days or more past due.
Our fee for this engagement will be $187,000. If you have any questions, please do not hesitate to
discuss with your Rehmann advisor.
Any questions or objections to any bill or statement rendered by us to you must be made within 60 days
of the billing date. If you do not question or object to a bill or statement within 60 days of the billing date,
the bill or statement will be deemed to be accurate and correct and fully due and payable. Further, the
obligation for the payment of our fees and out-of-pocket expenses is not contingent on the outcome of the
engagement.
Where there is significant change in the scope of this engagement, we will discuss the circumstances
with you and estimate the amount of additional fees, which may or may not occur before we incur
additional time. In these circumstances, we may also issue a change order form.
Unless terminated sooner, this engagement shall terminate upon the completion of the services that
are specified in this agreement. In addition, either party may terminate this engagement at any time by
giving written notice to the other party at the addresses reflected in this engagement letter. Such
written notice shall be delivered not less than 30 calendar days before the effective date of termination.
In the event of such termination, you agree to pay Rehmann for the unpaid services performed up to such
effective date of termination at our standard hourly rates plus costs and expenses.
This engagement letter and the attached Rehmann Tax Engagement Terms and Conditions, which
are incorporated herein by reference as if set forth within the body of this engagement letter in their
entirety, is the entire understanding and agreement between the parties with respect to the subject matter
covered and all prior agreements, understandings, covenants, promises, warranties and representations,
oral or written, expressed or implied, not incorporated in this agreement are superseded. This
agreement may not be amended or supplemented in any way except in writing, dated and
signed by authorized representatives of both parties.
Please sign and date this letter to confirm our agreement and return all pages to us at your
earliest convenience. You should make a copy for your files or one can be made available to you upon
request. We will begin our consultation services upon receipt of this signed engagement letter.
Case 23-16797-RAM Doc 150 Filed 11/22/23 Page 10 of 14
The Property Advocates PA
October 25, 2023
Page 3
We are pleased to have you as a client and look forward to our mutually beneficial relationship.
Thank you for your confidence in Rehmann.
Sincerely,
Brett W. Nesbit, CPA, MBA, MSA
Principal
ACCEPTED (Please return all pages):
Signature
Printed Name
Title (if applicable)
Date
Case 23-16797-RAM Doc 150 Filed 11/22/23 Page 11 of 14
Rehmann Tax Engagement Terms and Conditions
USE OF PRONOUNS – The use of the pronouns “you” and STORING OF INFORMATION – We are not hosts for any client
“your” throughout these terms and conditions includes, as information. You are expected to retain all financial and
the case may be, the individual, company, officer, non-financial information that you upload to a portal, and
employee, partnership, trustee, fiduciary or organization for are responsible for downloading and retaining, in a timely
which this engagement is being performed. manner, anything we upload. Portals are meant only as a
method of transferring and sharing data, are not intended
DIVISIONS OF RESPONSIBILITIES – In connection with this for the storage of client information, and may be deleted at
engagement, we assume no fiduciary responsibilities with any time. You are expected to maintain control over your
respect to your income tax return(s). We will exercise accounting systems to include the licensing of applications
professional care to include all pertinent information in your and the hosting of said applications and data. We do not
tax return(s); but you are ultimately responsible for your tax provide electronic security or backup services for any of your
return(s). By signing the return(s) you are verifying that they data or records. Giving us access to your financial and non-
are true, correct and complete. You should carefully review financial information does not make us hosts of that
each tax return before signing it and bring any questionable information.
items or omissions to our attention.
E-MAIL LIMITATIONS - You acknowledge that (a) Rehmann,
NO REVIEW OF FACTS – We will not investigate or verify any you, and others, if any, participating in this engagement may
facts underlying the transactions reported on your tax correspond or convey documentation via Internet e-mail
return(s). If the facts differ from the facts represented to, unless you expressly request otherwise, (b) no party has
or understood by, us or if there are other facts of which we control over the performance, reliability, availability, or
are not aware, the reporting of the transactions could be security of Internet e-mail, and (c) Rehmann shall not be
materially different than that reported on the return(s) liable for any loss, damage, expense, harm or inconvenience
prepared by us. resulting from the loss, delay, interception, corruption, or
alteration of any Internet e-mail due to any reason beyond
DISCLOSURE OF REPORTABLE TRANSACTIONS - The law Rehmann’s reasonable control.
provides substantial penalties for failure to disclose
“reportable transactions” and “tax shelters.” Generally, OFFERS OF EMPLOYMENT – Neither party shall, during the
reportable transactions include transactions identified by term of this engagement letter and for one (1) year after its
the IRS as primarily tax motivated. Tax shelters are defined termination, solicit for hire as an employee, consultant or
as a partnership or other entity, any investment plan or otherwise any of the other party’s personnel without such
arrangement, or any other plan or arrangement which has a other party’s express written consent. If the Company
significant purpose to avoid or evade federal income tax. desires to offer employment to a Rehmann associate and the
The rules are complex, and whether or not a transaction is associate is hired in any capacity by the Company, a market-
“reportable” or a “tax shelter” may be open to drive compensation placement fee may apply.
interpretation. In any event, you agree to advise us of any
transaction you engage in that is a “listed transaction” as LIMITATIONS OF DAMAGES; LIMITATIONS PERIOD FOR
identified in published IRS guidance, a transaction whose BRINGING A LAWSUIT; INDEMNIFICATION - In order to help
primary purpose is tax avoidance, or is a tax shelter as avoid a prolonged lawsuit in the event of a disagreement
defined above. Because the law imposes penalties on arising out of our performance of services under this
preparers as well as taxpayers for failure to disclose engagement, and to help determine the value of the
reportable transactions and tax shelters, you agree to damages, if proven, you agree that our maximum liability to
disclose any such transaction in the return(s). In the event you for any wrongful action committed by us in the
you disagree with the decision to disclose a reportable performance of any services contracted for under the terms
transaction or tax shelter, we cannot complete the return(s) of this engagement, is limited to 2 times the amount of our
and you agree to pay all fees and expenses incurred up to fees for this engagement. This limitation applies as well to
that time. any consulting services contracted for under this
engagement. This limitation shall not, however, apply to the
TAX RETURN PREPARER STANDARDS - We may encounter extent that damages arose out of our gross negligence or
instances where the tax law is unclear, or where there may willful misconduct.
be conflicts between the taxing authorities’ interpretations
of the law and other supportable positions. Pursuant to the Further, because of the difficulties inherent in recalling
standards prescribed in IRS Circular 230 and IRC 6694, or communications and preserving all relevant information, you
other professional standards, we are forbidden from signing further agree that, notwithstanding the applicable period
a tax return unless we have a reasonable belief that there is of limitations for bringing a lawsuit based upon services
substantial authority for a tax position taken on the return performed under this engagement, any such lawsuit, except
or we have a reasonable basis for the tax position taken on actions brought by us to enforce payment of our invoices,
the return and we disclose this tax position on a separate must be brought within 12 months from the date of the
attachment to the tax return. Substantial authority may be completion of the services giving rise to such claim, unless
viewed as requiring at least a 40% probability that the tax you, within this same 12 month period provide us with a
position taken will be sustained on its merits. written notice of the specific defect in our services that
forms the basis of the claim.
RECORD RETENTION - Based on our present policies, we will
maintain your tax return file(s) and related documentation, In the event that we become obligated to pay any penalties,
either in hard copy or electronic format, for a period of 7 assessments, judgments or similar awards related to, arising
years, after which they will be destroyed. We may modify out of or resulting from inaccurate or incomplete
our record retention policies from time to time in information that you provided us in the course of the
accordance with our professional obligations. Therefore, it engagement, you agree to pay, indemnify, defend, and hold
is important for you to keep copies of tax return(s) and us harmless against all such obligations and costs.
related supporting data in your own files.
MEDIATION – If any dispute arises among the parties hereto,
the parties agree to first try in good faith to settle the
1
Case 23-16797-RAM Doc 150 Filed 11/22/23 Page 12 of 14
Rehmann Tax Engagement Terms and Conditions
dispute by mediation administered by the American
Arbitration Association under its Rules for Professional
Accounting and Related Services Disputes before resorting to
binding arbitration or litigation. Costs of any mediation
proceeding shall be shared equally by all parties.
THIRD PARTY PROCEEDINGS - If you or an affiliate become
involved in civil litigation, criminal investigations, regulatory
proceedings or other disputed matters that Rehmann is not
a party to, you recognize that we may be requested or
subpoenaed to perform additional services including, but not
limited to, gathering documents, appearing in court,
responding to legal summons, providing testimony or other
information or performing additional tax research. These
types of additional services may be performed voluntarily or
involuntarily such as pursuant to subpoena or otherwise. Any
such services that we perform, whether voluntary or
involuntary, are not included in our basic fees for the
preparation of the federal and/or state income tax return(s)
and will be itemized and billed separately based upon our
standard hourly rates along with any out-of-pocket costs,
including our legal fees, we incur. This paragraph will survive
the termination of this agreement for any reason and will be
binding on successors to the parties to this agreement.
GOVERNING LAW - This agreement shall be governed by and
construed in accordance with the internal laws of the
jurisdiction of the Rehmann office issuing this engagement
letter, without reference to rules regarding choice of law.
SEVERABILITY; WAIVER - The invalidity or unenforceability
of any provision of this agreement shall not affect the
validity or enforceability of any other provision of this
agreement. Any delay or waiver by a party to declare a
breach or seek any remedy available to it under this
agreement or by law will not constitute a waiver as to any
past or future breaches or remedies.
Case 23-16797-RAM Doc 150 Filed 11/22/23 Page 13 of 14
Page: 1
Date: 9/26/23
Client: 471663
INVOICE Job: 1468003
Inv#: DRAFT
The Property Advocates PA Rehmann Robson
2525 Ponce de Leon Blvd Suite 600 Orlando Office
Coral Gables, FL 33134 407.843.4433
Employee Retention Credit 10,000.00
· Preparation of your Employee Retention Credit calculation
· Determination and documentation of credit eligibility in accordance with IRS
substantiation requirements
· Preparation of Amended Form 941s - Employers Quarterly Federal Tax Return
· Analysis of PPP loan integration with Employee Retention Credit calculation
Billing schedule as follows:
11/15/23 $10,000
12/15/23 $10,000
01/15/24 $10,000
02/15/24 $10,000
03/15/24 $10,000
04/15/23 $10,000
05/15/24 $10,000
06/15/24 $10,000
07/15/24 $10,000
08/15/24 $10,000
09/15/24 $87,000
We appreciate your business.
Current Total $10,000.00
Please detach and return with payment
Please make all checks payable to "Rehmann"
To pay by eCheck or Credit Card visit www.rehmann.com and Amount Due: $10,000.00
select Pay Bill.
Date: 9/26/23 For Wire Transfers call 989-797-8443 Amount Paid:
Inv#: DRAFT Rehmann now charges a 3% convenience fee on credit card payments
(For account questions email: accounts.receivable@rehmann.com)
Client: 471663
Job: 1468003
Rehmann Robson
The Property Advocates PA Vero Beach Office
2525 Ponce de Leon Blvd Suite 600 5070 Highway A1A
Coral Gables, FL 33134 Suite 250
Vero Beach, FL 32963
Credit terms: Unpaid invoices 30 days after the invoice date are subject to a finance charge of 1 1/2% per month (18% per annum).
Case 23-16797-RAM Doc 150 Filed 11/22/23 Page 14 of 14
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