Debtor's Application for Authority to Retain Corporate Strategies, LLC — In re Riba Foods, Inc.

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The Debtor's Application for Authority to Retain Corporate Strategies, LLC, filed July 20, 2023 as Document 27 by Riba Foods, Inc. in its Chapter 11 case, Case No. 23-60028, in the United States Bankruptcy Court for the Southern District of Texas, Victoria Division. The application states that the Debtor filed its voluntary petition on June 21, 2023. It describes CSLLC as specialists in determining employers' eligibility for Employee Retention Tax Credits under the American Rescue Plan Act of 2021, and asks the Court to authorize the retention on a 15.0% contingency fee basis under the Engagement Agreement attached as Exhibit A. It is signed by Richard Lee Fuqua of Fuqua & Associates, P.C., attorney for the Debtor.

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Case 23-60028 Document 27 Filed in TXSB on 07/20/23 Page 1 of 3

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE SOUTHERN DISTRICT OF TEXAS

VICTORIA DIVISION
IN RE: § Chapter 11
RIBA FOODS, INC., : Case No. 23-60028
Debtor ;

DEBTOR’S APPLICATION FOR AUTHORITY
TO RETAIN CORPORATE STRATEGIES, LLC
PURSUANT TO 11 U.S.C. 8105, 28 U.S.C, § 157

THIS MOTION SEEKS AN ORDER THAT MAY ADVERSELY AFFECT YOU. IF
YOU OPPOSE THE MOTION, YOU SHOULD IMMEDIATELY CONTACT THE
MOVING PARTY TO RESOLVE THE DISPUTE. IF YOU AND THE MOVING PARTY
CANNOT AGREE, YOU MUST FILE A RESPONSE AND SEND A COPY TO THE
MOVING PARTY. YOU MUST FILE AND SERVE YOUR RESPONSE WITHIN 21 DAYS
OF THE DATE THIS WAS SERVED. YOUR RESPONSE MUST STATE WHY THE
MOTION SHOULD NOT BE GRANTED. IF YOU DO NOT FILE A TIMELY
RESPONSE, THE RELIEF REQUESTED MAY BE GRANTED WITHOUT FURTHER
NOTICE TO YOU. IF YOU OPPOSE THE MOTION AND HAVE NOT REACHED AN
AGREEMENT, YOU MUST ATTEND THE HEARING. UNLESS THE PARTIES AGREE
OTHERWISE, THE COURT MAY CONSIDER FURTHER EVIDENCE AT THE
HEARING AND MAY DECIDE THE MOTION AT THE HEARING.

REPRESENTED PARTIES SHOULD ACT THROUGH THEIR ATTORNEY.
TO THE HONORABLE CHRISTOPHER LOPEZ
UNITED STATES BANKRUPTCY JUDGE:

COMES NOW, Riba Foods, Inc., the Debtor herein (the “Debtor”) and files this
Application for Authority to Retain Corporate Strategies, LLC (“CSLLC”) pursuant to 11 U.S.C.
§105 and 28 U.S.C. §§ 157 and 1334 (the “Application”), and in support thereof, would

respectfully show unto the Court as follows:

APPLICATION TO RETAIN Page |
Case 23-60028 Document 27 Filed in TXSB on 07/20/23 Page 2 of 3

l. The Debtor filed a voluntary petition for relief under Chapter 11 of Title 11 of the
United States Code on June 21, 2023 (the “Petition Date”). From the Petition Date, the Debtor
has maintained possession of its property and has continued to remain in control of its ongoing
business affairs as a Debtor-in-possession pursuant to the provisions of 11 U.S.C. §1107 and 1108.

2. The Court has jurisdiction over the proceedings herein pursuant to 11 U.S.C. §105
and 28 U.S.C. §§157 and 1334. Venue ts appropriate by virtue of 28 U.S.C. § 1408.

3. Debtor requests this Court’s authority to retain CSLLC pursuant to 11 U.S.C. § 105
and 28 U.S.C. §§ 157 and 1334.

4, CSLLC and its ERC Accounting Consultants are specialists in analyzing the
material and historical data of employers, determining their eligibility for Employee Retention Tax
Credits (“ERTCs”) from the U.S. Department of the Treasury pursuant to H.R. 1319, American
Rescue Plan Act of 2021, and assisting employers in qualifying and computing the maximum
dollar amount of ERTCs that employers can legally claim.

5. Debtor believes that CSLLC has the necessary expertise and knowledge to
successfully pursue the recovery of ERTCs to which Debtor may be entitled to recover on a 15.0%
contingency fee basis as set forth on the Engagement Agreement, a copy of which is attached
hereto as Exhibit “A.”

6, Except as disclosed in the Engagement Agreement, CSLLC has no interest adverse
to the Debtor or its Estate in the matters upon which it would be retained by the Debtor.

7. Debtor believes the contingency fee set forth in the Engagement Agreement for
CSLLC’s services is favorably comparable to fees being charged by other ERTC recovery

specialists in this District for services of a similar nature.

APPLICATION TO RETAIN Page 2
Case 23-60028 Document 27 Filed in TXSB on 07/20/23 Page 3 of 3

WHEREFORE, PREMISES CONSIDERED, the Debtor prays for this Court to authorize
the retention of CSLLC on the terms and conditions and for the compensation set forth in the
Engagement Agreement and that, upon its completion of the agreed upon services and its recovery
of unclaimed funds on behalf of Debtor, CSLLC be authorized to receive the compensation set
forth in the Engagement Agreement from Debtor without further Order of this Court, and for such
other and further relief to which Debtor may be entitled.

Respectfully submitted this 20th day of July, 2023.

FUQUA & ASSOCIATES, P.C.
/s/ Richard Lee Fuqua

Richard Lee Fuqua

State Bar No. 07552300

8558 Katy Freeway, Ste. 119
Houston, Texas 77024
713.960.0277 - Telephone
713.960.1064 - Facsimile

Attorney for Debtor

CERTIFICATE OF SERVICE

This is to certify that a copy of the above and foregoing instrument was forwarded by ECF
and/or U.S. mail, first class postage pre-paid to the United States Trustee, 515 Rusk Street, Suite
3516, Houston, Texas 77002 and to all parties entitled to receive notice through the Court’s ECF
system on the 20" day of July, 2023.

/s/ Richard L. Fuqua
Richard L. Fuqua

APPLICATION TO RETAIN Page 3


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