Application of Chapter 11 Trustee to Employ Radbod and Associates Inc. — In re Cherry Man Industries, Inc.

Summary

An application of the Chapter 11 Trustee to employ Radbod and Associates Inc. as bookkeeper and to prepare an Employee Retention Tax Credit Study, filed September 2, 2022 as Doc 401 in In re Cherry Man Industries, Inc., Case No. 2:22-bk-11471-NB, United States Bankruptcy Court for the Central District of California. Trustee Hamid R. Rafatjoo seeks authority under 11 U.S.C. §§ 327, 328 and 330, effective as of August 16, 2022, for monthly bookkeeping and an evaluation of the estate's qualification for employee retention tax credits for the payroll period beginning March 13, 2020 through June 30, 2021. The application proposes a $20,000 retainer and an hourly rate of $285 for bookkeeping, and a flat fee of $8,500 for each quarterly period studied. A declaration of Rayan Radbod, Chief Executive Officer, supports it.

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“Application of Chapter 11 Trustee to Employ Radbod and Associates Inc. — In re Cherry Man Industries, Inc.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/401-application-to-employ-radbod-ertc-study-c5473b314f/, SHA-256 b252351a85a6b3c6fa5d2fe80b76ecf0791ff7aff220007bb1383cc9c5d38aff.

Full text

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1 DAVID B. GOLUBCHIK (Sate Bar No. 185520)
KRIKOR J. MESHEFEJIAN (State Bar No. 255030)
2 JONATHAN D. GOTTLIEB (State Bar No. 339650)
3 LEVENE, NEALE, BENDER, YOO & GOLUBCHIK L.L.P.
2818 La Cienega Avenue
4 Los Angeles, California 90034
Telephone: (310) 229-1234
5 Facsimile: (310) 229-1244
Email: DBG@LNBYG.COM; KJM@LNBYG.COM; JDG@LNBYG.COM
6

7 Attorneys for Hamid R. Rafatjoo in his capacity as
Chapter 11 Trustee
8

9 UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
10 LOS ANGELES DIVISION

11
In re: Case No.: 2:22-bk-11471-NB
12
CHERRY MAN INDUSTRIES, INC., Chapter 11 Case
13
Debtor. APPLICATION OF CHAPTER 11
14 TRUSTEE TO EMPLOY RADBOD
15 AND ASSOCIATES INC. AS
BOOKKEEPER AND FOR THE
16 PURPOSES OF PREPARING AN
EMPLOYEE RETENTION TAX
17 CREDIT STUDY PURSUANT TO 11
U.S.C. §§ 327 AND 330;
18 DECLARATION OF RAYAN
19 RADBOD IN SUPPORT THEREOF

20 [No Hearing Required]

21
TO THE HONORABLE NEIL W. BASON, UNITED STATES BANKRUPTCY
22

23 JUDGE FOR THE CENTRAL DISTRICT OF CALIFORNIA:

24 Hamid R. Rafatjoo, solely in his capacity the chapter 11 trustee (the “Trustee”) for the

25 bankruptcy estate of Cherry Man Industries, Inc. (the “Debtor”), hereby applies for authority to
26
employ Radbod and Associates Inc. (“Radbod”), as the Trustee’s bookkeeper and for the
27
purpose of providing professional services in connection with an Employee Retention Tax
28

1
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1 Credit Study, pursuant to 11 U.S.C. §§ 327, 328 and 330, and effective as of August 16, 2022,
2 and represents as follows:
3
I.
4
BACKGROUND
5
1. On March 17, 2022 (the “Petition Date”), the Debtor filed a voluntary Petition
6
under chapter 11 of the Bankruptcy Code.
7
2. The Debtor was a nationwide importer and distributor of office furniture.
8
3. On or about May 10, 2022, the Trustee was appointed and presently is the acting
9
Chapter 11 trustee of the Debtor’s bankruptcy estate.
10
4. The Trustee has obtained Bankruptcy Court approval of the sale of substantially all
11
of the estate’s assets (but not accounts receivable or any employee retention credits), and such
12
sale closed on August 25, 2022.
13
II.
14
PROPOSED EMPLOYMENT OF RADBOD
15
5. The Trustee understands that the Debtor’s bankruptcy estate may be entitled to
16
certain employee tax retention credits under the CARES Act and the Taxpayer Certainty and
17
Disaster Tax Relief Act for the payroll period beginning March 13, 2020 through June 30, 2021.
18
The Trustee requires the services of a professional such as Radbod for the purpose of evaluating
19
the estate’s qualification for such employee retention credits. Additionally, the Trustee seeks to
20
retain Radbod for the purposes of providing certain bookkeeping services.
21
6. All of the terms and conditions of the Trustee’s proposed retention of Radbod are
22
set forth in the Engagement Agreement attached as Exhibit 1 to the annexed Declaration of Rayan
23
Radbod (the “Declaration”).
24
7. In summary, Radbod will provide two types of services:
25
a. First, Radbod will provide monthly bookkeeping services to the Trustee as set
26
forth in the Engagement Agreement (“Service 1”). Among other things, Radbod
27

2
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1 will reconcile the estate’s books and records, and issue statements of income and

2 expenses.

3 b. Second, Radbod will provide professional services regarding possible employee

4 retention tax credits for the payroll period beginning March 13, 2020 through

5 and including June 30, 2021 (“Service 2”). In connection with Service 2,

6 Radbod will evaluate the estate’s qualification for employee retention tax

7 credits, including by determining whether the estate qualifies for such credits

8 and the applicable time period, review information provided by the Trustee to

9 properly identify and document impacted employees, calculate and document

10 qualified wages, review CARES Act provisions and employment tax benefits to

11 help ensure accuracy of reporting, assist the Trustee with compliance with all

12 procedural requirements to claim any applicable credits, and providing

13 reconciled data for payroll tax returns.

14 8. Based on the foregoing, the Trustee desires to employ Radbod, whose address is

15 19730 Ventura Blvd., Suite 22, Woodland Hills, CA 91364, as his bookkeeper in this case upon

16 the terms set forth in this Application.

17 9. The principal of Radbod is Rayan Radbod, whose professional biography is

18 attached as Exhibit 2 to the Declaration.

19 III.

20 COMPENSATION OF RADBOD

21 10. Radbod has agreed to accept as compensation for its services such sums as may be

22 allowed by this Court in accordance with law, based upon the time spent and services rendered,

23 the results achieved, the difficulties encountered, the complexities involved, and other

24 appropriate factors.

25 11. Radbod will comply with the Guidelines for Reviewing Applications for

26 Compensation and Reimbursement of Expenses Filed Under 11 U.S.C. § 330, promulgated by

27 the U.S. Trustee Program and reprinted at 28 C.F.R. Part 58, Appendix A.

3
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1 12. With respect to Service 1, Radbod has requested, and the Trustee has agreed to

2 provide from estate funds, subject to Bankruptcy Court approval, a retainer in the amount of

3 $20,000 (the “Service 1 Retainer”). The Trustee submits that such a retainer is reasonable and

4 appropriate under the circumstances. Radbod will charge an hourly rate of $285 in connection

5 with Service 1, and Radbod will keep detailed time records of all services performed. Radbod’s

6 fees in connection with Service 1 shall be capped at $15,000 for each monthly closing process,

7 in other words August through December 2021 count as 5 months.

8 13. Furthermore, Radbod and the Trustee request authority for Radbod to draw down

9 upon the Service 1 Retainer to pay for all fees and costs incurred in connection with Service 1 on

10 a monthly basis, with all such fees and costs remaining subject to final approval of the Bankruptcy

11 Court pursuant to a final fee application. Additionally, Radbod and the Trustee request authority

12 to pay for any fees and costs incurred in connection with Service 1 and in excess of the Service

13 1 Retainer, on a monthly, interim basis, without further Court approval, provided that all such

14 fees and costs shall remain subject to final approval of the Bankruptcy Court pursuant to a final

15 fee application. Radbod submits that such procedure will assist Radbod with its cash flow needs

16 and that requiring Radbod to submit interim fee applications prior to receiving payment or being

17 able to apply the Service 1 Retainer would create an undue and unnecessary burden on Radbod,

18 which is a small firm.

19 14. With respect to Service 2, Radbod has requested, and the Trustee has agreed to

20 provide from estate funds, subject to Bankruptcy Court approval, a flat fee of $8,500 for each

21 quarterly period for which Radbod conducts an employee retention tax creditors study as

22 provided in the Engagement Agreement, with 50% of the total flat fee due upon Bankruptcy Court

23 approval of this Application, and 50% due prior to the filing of Form 941-X with the Internal

24 Revenue Service. The Trustee has submitted to Radbod a good faith deposit in the amount of

25 $4,250 which will be applied to the flat fee due under the terms of this Application. Any

26 additional services outside of the scope of Services 2, including any notices, letters, or query from

27 the Internal Revenue Service, will be charged at the hourly rate of $285.

4
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1 15. Radbod has not received a lien or interest in property of the Debtor or third parties

2 with respect to its representation of the Trustee. No agreement exists for a division of fees

3 between Radbod and any other person or entity except as among the members/shareholders of

4 Radbod.

5 16. Except as set forth herein, no compensation will be paid by the Trustee to Radbod

6 except upon application to and approval by this Court after notice and a hearing pursuant to

7 sections 330 and 331 of the Bankruptcy Code, or as otherwise set forth in this Application.

8 17. There is no agreement between the Trustee and Radbod regarding Radbod’s

9 employment in this case other than as expressed in this Application and the Engagement

10 Agreement.

11 18. The Trustee submits that, given the nature and scope of work to be performed by

12 Radbod, the Service 1 Retainer is appropriate, the amount of the Service 1 Retainer is modest,

13 and the provision of the Service 1 Retainer, and the terms and conditions set forth in the

14 Engagement Agreement, are authorized by 11 U.S.C. 328(a), which provides in relevant part that

15 the Trustee may, with the Court’s approval, employ or authorize the employment of a professional

16 person under section 327 of the Bankruptcy Code, on any reasonable terms and conditions of

17 employment, including on a retainer, on an hourly basis, on a fixed or percentage fee basis, or on

18 a contingency fee basis. Here, the Trustee’s proposed employment of Radbod is proposed to be

19 on a retainer and an hourly basis with respect to Service 1, and on a flat fee basis with respect to

20 Service 2, subject to final Bankruptcy Court approval of all fees and expenses incurred by

21 Radbod.

22 IV.

23 RADBOD IS DISINTERESTED AND DOES NOT HOLD ANY INTEREST ADVERSE

24 TO THE ESTATE

25 19. To the best of the Trustee’s and Radbod’s knowledge and based upon the

26 Declaration, Radbod and all persons associated with Radbod who will render services in this

27 matter are disinterested persons, do not hold or represent an interest adverse to the estate, and do

28 not have any connections with the Debtor, the creditors of the estate, any other party in interest

5
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1 in this case, or each of their respective attorneys or accountants, the OUST, or any person

2 employed by the OUST. In the interests of full disclosure, the Trustee’s financial

3 advisor/investment banker Province, LLC (and, specifically, Paul Navid of Province, LLC),

4 recommended and referred Radbod to the Trustee as a professional capable of providing the

5 services requested by the Trustee.

6 20. To the best of the Trustee’s knowledge and based upon the Declaration, Radbod:

7 a. is not and was not a creditor, an equity security holder, or an insider of the

8 Debtor;

9 b. is not and was not, within 2 years of the Petition Date, a director, officer, or

10 employee of the Debtor;

11 c. does not have an interest materially adverse to the interests of the estate or

12 of any class of creditors or equity security holders, by reason of any direct or indirect relationship

13 to, connection with, or interest in, the Debtor or any other reason; and

14 d. is not a relative or employee of the OUST or a United States Bankruptcy

15 Court Judge.

16 V.

17 NOTICE OF THE APPLICATION IS SUFFICIENT

18 21. A notice advising creditors and other interested parties of the Trustee’s Application

19 to Employ Radbod, and summarizing the Application’s contents, has been filed and served in

20 accordance with Local Bankruptcy Rule 2014-1(b)(2).

21 WHEREFORE, the Trustee respectively requests authority to employ Radbod as set forth

22 herein, effective as of August 16, 2022, with compensation to be paid in such amount as the Court

23 may hereafter allow in accordance with the law and for such further and additional relief as the

24 Court deems just and proper.

25 DATED: August 31, 2022
26 HAMID R. RAFATJOO
Chapter 11 Trustee
27

6
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1 Presented by:

2 LEVENE, NEALE, BENDER, YOO
& GOLUBCHIK L.L.P.
3

4 By:/s/ Krikor J. Meshefejian
DAVID B. GOLUBCHIK
5 KRIKOR J. MESHEFEJIAN
6 JONATHAN D. GOTTLIEB
Attorneys for Hamid R. Rafatjoo
7 Chapter 11 Trustee

7
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1 DECLARATION OF RAYAN RADBOD

2 I, Rayan Radbod, declare as follows:

3 1. I am the Chief Executive Officer of Radbod and Associates Inc. (“Radbod”). I have

4 personal knowledge of the facts and stated herein, except where stated upon information and

5 belief, and as to such statements, I believe them to be true. I make this Declaration in support of

6 the application of Hamid R. Rafatjoo, as chapter 11 trustee (the “Trustee”) to employ Radbod as

7 the Trustee’s bookkeeper and for the purpose of providing professional services in connection

8 with an Employee Retention Tax Credit Study. Unless the context indicates otherwise,

9 capitalized terms herein shall have the meanings as defined in the Application.

10 2. Radbod’s proposed Engagement Agreement with the Trustee is attached as Exhibit

11 1 to this Application.

12 3. My professional biography is attached as Exhibit 2 to this Declaration.

13 4. All of the terms and conditions of the Trustee’s proposed retention of Radbod are

14 set forth in the Engagement Agreement.

15 5. In summary, Radbod will provide two types of services:

16 a. First, Radbod will provide monthly bookkeeping services to the Trustee as

17 set forth in the Engagement Agreement (“Service 1”). Among other things, Radbod

18 will reconcile the estate’s books and records, and issue statements of income and

19 expenses.

20 b. Second, Radbod will provide professional services regarding possible

21 employee retention tax credits for the payroll period beginning March 13, 2020

22 through and including June 30, 2021 (“Service 2”). In connection with Service 2,

23 Radbod will evaluate the estate’s qualification for employee retention tax credits,

24 including by determining whether the estate qualifies for such credits and the

25 applicable time period, review information provided by the Trustee to properly

26 identify and document impacted employees, calculate and document qualified

27 wages, review CARES Act provisions and employment tax benefits to help ensure

28 accuracy of reporting, assist the Trustee with compliance with all procedural

8
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1 requirements to claim any applicable credits, and providing reconciled data for

2 payroll tax returns.

3 6. Radbod has agreed to accept as compensation for its services such sums as may be

4 allowed by this Court in accordance with law, based upon the time spent and services rendered,

5 the results achieved, the difficulties encountered, the complexities involved, and other

6 appropriate factors.

7 7. Radbod will comply with the Guidelines for Reviewing Applications for

8 Compensation and Reimbursement of Expenses Filed Under 11 U.S.C. § 330, promulgated by

9 the U.S. Trustee Program and reprinted at 28 C.F.R. Part 58, Appendix A.

10 8. With respect to Service 1, Radbod has requested, and the Trustee has agreed to

11 provide from estate funds, subject to Bankruptcy Court approval, a retainer in the amount of

12 $20,000 (the “Service 1 Retainer”). Radbod will charge an hourly rate of $285 in connection

13 with Service 1, and Radbod will keep detailed time records of all services performed. Radbod’s

14 fees in connection with Service 1 shall be capped at $15,000 for each monthly closing process.

15 9. Furthermore, Radbod requests authority to draw down upon the Service 1 Retainer

16 to pay for all fees and costs incurred in connection with Service 1 on a monthly basis, with all

17 such fees and costs remaining subject to final approval of the Bankruptcy Court pursuant to a

18 final fee application. Additionally, Radbod requests authority to pay for any fees and costs

19 incurred in connection with Service 1 and in excess of the Service 1 Retainer, on a monthly,

20 interim basis, without further Court approval, provided that all such fees and costs shall remain

21 subject to final approval of the Bankruptcy Court pursuant to a final fee application. I respectfully

22 submit that such procedure will assist Radbod with its cash flow needs and that requiring Radbod

23 to submit interim fee applications prior to receiving payment or being able to apply the Service 1

24 Retainer would create an undue and unnecessary burden on Radbod, which is a small firm.

25 10. With respect to Service 2, Radbod has requested, and the Trustee has agreed to

26 provide from estate funds, subject to Bankruptcy Court approval, a flat fee of $8,500 for each

27 quarterly period for which Radbod conducts an employee retention tax creditors study as

28 provided in the Engagement Agreement, with 50% of the total flat fee due upon Bankruptcy Court

9
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1 approval of this Application, and 50% due prior to the filing of Form 941-X with the Internal

2 Revenue Service. The Trustee has submitted to Radbod a good faith deposit in the amount of

3 $4,250 which will be applied to the flat fee due under the terms of this Application. Any

4 additional services outside of the scope of Services 2, including any notices, letters, or query from

5 the Internal Revenue Service, will be charged at the hourly rate of $285.

6 11. Radbod has not received a lien or interest in property of the Debtor or third parties

7 with respect to its representation of the Trustee. No agreement exists for a division of fees

8 between Radbod and any other person or entity except as among the members/shareholders of

9 Radbod.

10 12. Except as otherwise set forth herein, no compensation will be paid by the Trustee

11 to Radbod except upon application to and approval by this Court after notice and a hearing

12 pursuant to sections 330 and 331 of the Bankruptcy Code, or as otherwise set forth in the

13 Application.

14 13. There is no agreement between the Trustee and Radbod regarding Radbod’s

15 employment in this case other than as expressed in the Application and the Engagement

16 Agreement.

17 14. To the best of my knowledge, Radbod and all persons associated with Radbod who

18 will render services in this matter are disinterested persons, do not hold or represent an interest

19 adverse to the estate, and do not have any connections with the Debtor, the creditors of the estate,

20 any other party in interest in this case, or each of their respective attorneys or accountants, the

21 OUST, or any person employed by the OUST. In the interests of full disclosure, the Trustee’s

22 financial advisor/investment banker Province, LLC (and, specifically, Paul Navid of Province,

23 LLC), recommended and referred Radbod/me to the Trustee as a professional capable of

24 providing the services requested by the Trustee.

25 15. To the best of my knowledge, Radbod:

26 a. is not and was not a creditor, an equity security holder, or an insider of the

27 Debtor;

10
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EXHIBIT "1"
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August 30th, 2022

Re: Bookkeeping Engagement Letter (Service I) and Employee Retention Tax Credit Study (Service II)

Service I
Radbod and Associates Inc (“We”) are pleased to submit this proposal to You (“Client” or “Company” or “You”), to
provide professional services regarding the monthly Bookkeeping service. This engagement will cover the bookkeeping
service for the 4 months beginning on September 2021 up to and including December 2021, as well as any additional
months you provide. This engagement letter and Conditions set forth an understanding of the nature and scope of the
services to be performed, the fees we will charge for the services, and outline the responsibilities of Client necessary to
ensure that our professional services are performed to achieve mutually agreed upon objectives. We appreciate the
opportunity of providing you a proposal for Bookkeeping services to ensure a complete understanding between us.

What We’ll Do
 Incorporating the transactions into client software, based on bank statements as well as credit card and
loan statements
 Reconciliation of book and closing the books for year end.
 Preparing and closing the books and issuing Statement of income and expenses and Statement of Position
for the Period(s) ending December 31, 2021 and additional period(s) requested.

What We Won’t Do
We will make no attempt to adjust the records to reflect generally accepted accounting principles (GAAP). We will make
no audit or other verification of the data you submit. We may provide reports which contain portions of financial
information; these reports are for internal management use only. We will not provide any financial statements (other
than those used for internal management purposes and subject to interpretation by your tax professional for tax
purposes) and will not perform any compilation, review or audit of any of the financial information. We do not at any
time provide legal services of any type. We have not been requested to discover errors, misrepresentations, fraud,
illegal acts, or theft, and therefore, have not included any procedures designed or intended to discover such acts, and
you agree we have no responsibility to do so.

What We Need from You
In order to complete the service, we will need to obtain information on a timely and periodic basis from your
organization. These items include access to the client accounting software, bank and credit card statements, supporting
documents, answers to any questions we might have, and any other information that we may require to complete the
work of this engagement. These items and any other items that we obtain from you will be based on information
provided by you and will be used without any further verification or investigation on our part.

Our Fee
Our fee for this service will be $285 an hour capped at $15,000 for each monthly closing process, in other words August
through December 2021 count as 5 months. A $20,000 retainer will be due before work commences and the remainder
of the fee will be collected upon completion of each month’s work. For the tax year 2022, we will start the bookkeeping
from January 2022 and the fee will remain the same however, we will discuss if there are any changes to our fee prior to
beginning work on the engagement.
19730 Ventura Blvd Suite 22 Phone: (747) 230-5911
Woodland Hills, CA 91364 Direct: (818) 668-7695
Rayan@Radbodtax.com Fax: (855) 299-3226
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Services outside the Scope of this Letter
You may request that we perform additional services at a future date not contemplated by this engagement letter. If this
occurs, we will communicate with you regarding the scope and estimated cost of these additional services.

We are pleased to have you as a client and hope this will begin a long and pleasant association. Please date and sign a
copy of this letter and return it to us to acknowledge your agreement with the terms of this engagement.

Service II
Radbod and Associates Inc (“We”) are pleased to submit this proposal to You (“Client” or “Company” or
“You”), to provide professional services regarding the Employee Retention Tax Credit Study (the “Credits” or
“Study”) for the Client’s operations. This engagement will cover the payroll period beginning March 13, 2020
– June 30, 2021. This engagement letter and the Conditions set forth an understanding of the nature and
scope of the services to be performed, the fees we will charge for the services, and outline the
responsibilities of Client necessary to ensure that our professional services are performed to achieve
mutually agreed upon objectives.

The Radbod and Associates Inc Advantage
Our Approach – Radbod and Associates Inc understands that all companies and accounting systems are different. As
such, prior to beginning a study, we review your Company’s available information and structure and tailor our studies
to the information available.

Quality Assurance – Our work papers are organized, indexed and secured. We’ve designed our deliverables and
workpapers to address many of the questions commonly asked during audit.

Efficiency and Timing – Our turnaround time for providing the required deliverables is usually within 10 business
days of receiving all the requested information.

Credit Maximization – We will check all quarters provided to determine eligibility based on other provisions available
for the ERC other than percentage of reduction in income and will keep you posted in order to maximize the ERC
credit available to you.

Scope of Tax Credit Services to Be Provided
We will provide services under this engagement which shall consist of evaluating the Company’s qualification for the
Employee Retention Credit that was part of Section 2301 of the CARES act which was enacted in March 2020 and the
Taxpayer Certainty and Disaster Tax Relief Act of 2020 enacted December 27, 2020.

Our services include:
 Determine if employer qualifies and for which periods
 Reviewing information to properly identify and document impacted employees
 Calculating and documenting qualified wages
 Reviewing other CARES Act provisions and employment tax benefits to help ensure no double-counting

19730 Ventura Blvd Suite 22 Phone: (747) 230-5911
Woodland Hills, CA 91364 Direct: (818) 668-7695
Rayan@Radbodtax.com Fax: (855) 299-3226
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 Assisting with the procedural requirements to claim the credit
 Provide reconciled data for payroll tax returns

The eligibility determination we provide based on the reduction of income as per IRS guidelines that will be used to
request the credit will be based solely on the information provided by you and/or your representative(s). We are
not engaged to prepare or review your financial statements.

Any ERC claim submitted on your federal employment returns is subject to regulatory review and approval. We
therefore cannot guarantee that the refund claim will be approved in full or part. Federal regulations are subject to
change, and any changes which occur after the delivery of our work product may affect the refund claim. We are not
obligated to communicate any changes to you or alter any prior work product delivered to you for any such changes.

As such, our fees related to the services are non-refundable and not dependent on the receipt of ERC refunds from
the IRS and under no circumstances will our fees be refunded once we have submitted our deliverables to you.

Information and Resources Required
The Client’s duties in connection with our tax credit services include providing Radbod and Associates Inc
with accurate and reliable requested information, data, documents and records, as necessary and in a timely
fashion. We will also need your cooperation by, among other things, providing timely decisions,
explanations, information, reviews and ready access to necessary employee’s and documentation so that
Radbod and Associates Inc can properly fulfill its responsibilities. Information requested and not received in
a timely manner may result in the increase of our fees and/or the removal of any free audit support that is
part of this engagement letter.

We handle all information you provide to us with the confidentiality required of us under professional
standards.

Client authorizes Radbod and Associates Inc to disclose Client’s information received or generated in
connection with services to our contractors, CPAs, enrolled agents, our affiliated firms, for the purpose of
rendering the service for which you have engaged our firm.

Radbod and Associates Inc will preserve the confidential nature of the information received from the
Client in accordance with Radbod and Associates Inc ‘s policies and procedures. Information received from
Client will be housed on secure servers.

Fees & Payment Schedule
Our fee for services is $8,500 per quarter determined by our review to be eligible to file for the ERC credit.
50% is due upon signing this retainer and the balance is due before filing of Form 941-X.

Any additional work out of scope for this engagement, including any notices, letters, or query from the IRS,
will be charged at the hourly rate of $285 per hour, as incurred.

Acceptance
This engagement letter constitutes the entire agreement between the Client and Radbod and Associates Inc with
respect to this engagement. This agreement will supersede all other oral and written representations,
understandings or agreements relating to this engagement, and may not be amended except by the mutual written
agreement between the Client and Radbod and Associates Inc.

If the terms of our engagement as outlined in this letter are acceptable, please sign and return this letter to
my attention at your earliest convenience. We are very pleased to work with you on this project and look
forward to a mutually beneficial outcome and relationship. If you have any questions or comments
regarding the terms of this engagement letter, please do not hesitate to call us.

Respectfully,

Radbod and Associates Inc

RESPONSE:
This letter correctly sets forth our understanding.

Acknowledged and agreed by:

Client:
Signature:
Name:
Title:
Date:

EXHIBIT "2"
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Background
Mr. Radbod is an Officer and CEO at Radbod and Associates Inc. Mr. Radbod is mainly
involved with entrepreneurs and companies that have U.S tax implications and assist with
various areas in tax and financial statement preparation for small to midsize companies.
Mr. Radbod has well over a decade of experience preparing books, preparing taxes for
corporations, partnerships, and high net worth individuals.

Professional and Industry Experience
Mr. Radbod has years of experience in both the private and public sector. He has served as
controller of Nyko Technologies Inc., one of the leaders in the gaming industry. He has also
Rayan Radbod worked as the internal accountant and assistant controller in Maria’s Italian Kitchen Inc.
with more than 10 locations and is proficient in all aspects of the books and records for the
restaurant industry. Mr. Radbod has an extensive amount experience defending and helping
Accountant and IRS Enrolled Agent
clients with the IRS as well as state and local taxing authorities and resolving issues with
Radbod and Associates Inc delinquent taxes and/or returns for corporations and partnerships.
19730 Ventura Blvd Suite 22
Woodland Hills, CA 91364
Direct: 818.668.7695 Mr. Radbod provides consulting and advisory as well as compliance services to a wide range
Office: 747.230.5911 of clients in many industries. Some of the clients he serves specialize in international import
Fax: 855.299.3226
Rayan@radbodtax.com and export as well as manufacturing and construction companies and technology
companies. His expertise extends to franchisees, including Subway, and online sale
retailers. He deals with high-net-worth individuals in the real estate and healthcare space.

Education and Certifications
 Bachelor of Science in Accountancy California State University of Northridge
 Internal Revenue Service Enrolled Agent
 Intuit ProAdvisor Online and Desktop
 Payroll Certified
Case 2:22-bk-11471-NB Doc 401 Filed 09/02/22 Entered 09/02/22 12:56:23 Desc
Main Document Page 19 of 20

1 PROOF OF SERVICE OF DOCUMENT
2 I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business
address is: 2818 La Cienega Avenue, Los Angeles, CA 90034.
3
A true and correct copy of the foregoing document entitled APPLICATION OF CHAPTER 11 TRUSTEE
4 TO EMPLOY RADBOD AND ASSOCIATES INC. AS BOOKKEEPER AND FOR THE PURPOSES OF
PREPARING AN EMPLOYEE RETENTION TAX CREDIT STUDY PURSUANT TO 11 U.S.C. §§ 327
5 AND 330; DECLARATION OF RAYAN RADBOD IN SUPPORT THEREOF will be served or was served
(a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner
6 stated below:

7 1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to
controlling General Orders and LBR, the foregoing document will be served by the court via NEF and
hyperlink to the document. On September 2, 2022, I checked the CM/ECF docket for this bankruptcy
8 case or adversary proceeding and determined that the following persons are on the Electronic Mail
Notice List to receive NEF transmission at the email addresses stated below:
9
 Michael Jay Berger michael.berger@bankruptcypower.com,
10 yathida.nipha@bankruptcypower.com;michael.berger@ecf.inforuptcy.com
 Shraddha Bharatia notices@becket-lee.com
11  Dustin P Branch branchd@ballardspahr.com,
carolod@ballardspahr.com;hubenb@ballardspahr.com
12  Ronald K Brown ron@rkbrownlaw.com
 Steve Burnell Steve.Burnell@gmlaw.com,
13 sburnell@ecf.courtdrive.com;sburnell@ecf.inforuptcy.com;cheryl.caldwell@gmlaw.com
 Steven P Chang heidi@spclawoffice.com,
14 schang@spclawoffice.com,assistant1@spclawoffice.com,attorney@spclawoffice.com;g9
806@notify.cincompass.com;changsr75251@notify.bestcase.com
15  Glen Dresser gombd@aol.com
 Alan W Forsley alan.forsley@flpllp.com, awf@fkllawfirm.com,awf@fl-
16 lawyers.net,addy.flores@flpllp.com
 Todd S Garan ch11ecf@aldridgepite.com,
17 TSG@ecf.inforuptcy.com;tgaran@aldridgepite.com
 David B Golubchik dbg@lnbyg.com, stephanie@lnbyb.com
18  Michael J Gomez mgomez@frandzel.com, dmoore@frandzel.com
 Jonathan Gottlieb jdg@lnbyg.com
19  Vanessa M Haberbush vhaberbush@lbinsolvency.com,
dhaberbush@lbinsolvency.com,ahaberbush@lbinsolvency.com,abostic@lbinsolvency.co
20 m,haberbush.assistant@gmail.com,jborin@lbinsolvency.com,lbogard@lbinsolvency.com
 Asa S Hami asa.hami@gmlaw.com,
21 ahami@ecf.courtdrive.com;patricia.dillamar@gmlaw.com;pdillamar@ecf.courtdrive.com
 Eric D. Houser scleere@houser-law.com
22  David S Kupetz David.Kupetz@lockelord.com, mylene.ruiz@lockelord.com
 Christopher J Langley chris@slclawoffice.com,
23 omar@slclawoffice.com;langleycr75251@notify.bestcase.com;ecf123@casedriver.com
 Dare Law dare.law@usdoj.gov, ron.maroko@usdoj.gov
24  Elan S Levey elan.levey@usdoj.gov, julie.morales@usdoj.gov
 Peter W Lianides plianides@wghlawyers.com,
25 jmartinez@wghlawyers.com;svillegas@wghlawyers.com
 Krikor J Meshefejian kjm@lnbyg.com
26  Hamid R Rafatjoo hrafatjoo@raineslaw.com, bclark@raineslaw.com
 Hamid R. Rafatjoo (TR) hrafatjoo@raineslaw.com
27  Victor A Sahn victor.sahn@gmlaw.com,
vsahn@ecf.courtdrive.com;pdillamar@ecf.courtdrive.com;patricia.dillamar@gmlaw.com,
28 Karen.Files@gmlaw.com

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.

June 2012 F 9013-3.1.PROOF.SERVICE
Case 2:22-bk-11471-NB Doc 401 Filed 09/02/22 Entered 09/02/22 12:56:23 Desc
Main Document Page 20 of 20

1  Zev Shechtman zshechtman@DanningGill.com,
danninggill@gmail.com;zshechtman@ecf.inforuptcy.com
2  Louis F Solimine Louis.Solimine@thompsonhine.com
 Laurie A Spindler Dora.Casiano-Perez@lgbs.com
3  United States Trustee (LA) ustpregion16.la.ecf@usdoj.gov
 Gerrick Warrington gwarrington@frandzel.com, sking@frandzel.com
4  Eric R Wilson kdwbankruptcydepartment@kelleydrye.com,
MVicinanza@ecf.inforuptcy.com
5
6 2. SERVED BY UNITED STATES MAIL: On September 2, 2022, I served the following persons and/or
entities at the last known addresses in this bankruptcy case or adversary proceeding by placing a true
7 and correct copy thereof in a sealed envelope in the United States mail, first class, postage prepaid, and
addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be
completed no later than 24 hours after the document is filed.
8
9 Cherry Man Industries Dare Law
2100 E. Grand Ave. Suite #600 Office of the United States Trustee
10 El Segundo, CA 90245 915 Wilshire Blvd., Suite 1850
Los Angeles, CA 90017
11
12
Service information continued on attached page
13
3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR
14 EMAIL (state method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR,
on September 2, 2022, I served the following persons and/or entities by personal delivery, overnight mail
15 service, or (for those who consented in writing to such service method), by facsimile transmission and/or
email as follows. Listing the judge here constitutes a declaration that personal delivery on, or overnight
16 mail to, the judge will be completed no later than 24 hours after the document is filed.

17 None.

18
I declare under penalty of perjury under the laws of the United States of America that the foregoing is
19 true and correct.

20 September 2, 2022 Lourdes Cruz /s/ Lourdes Cruz
Date Type Name Signature
21
22
23
24
25
26
27
28

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.

June 2012 F 9013-3.1.PROOF.SERVICE

File and source

File: 401-application-to-employ-radbod-ertc-study.pdf
Size: 2,244,170 bytes
SHA-256: b252351a85a6b3c6fa5d2fe80b76ecf0791ff7aff220007bb1383cc9c5d38aff
Our copy: 401-application-to-employ-radbod-ertc-study.pdf
Original: No public link identified.