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8737319.1
(1) may excuse compliance with subsection (a), (b), or (c) of this section if the interests of
creditors and, if the debtor is not insolvent, of equity security holders would be better served by
permitting a custodian to continue in possession, custody, or control of such property, and
(2) shall excuse compliance with subsections (a) and (b)(1) of this section if the custodian is an
assignee for the benefit of the debtor's creditors that was appointed or took possession more than
120 days before the date of the filing of the petition, unless compliance with such subsections is
necessary to prevent fraud or injustice.
As all parties will be better served by permitting the Receiver to continue in control of the
Property and to implement the Order Approving Sale, which in turn will begin the rehabilitation
of the Property, provide relief to tenants, and prevent further waste, FourLeaf and the Receiver
respectfully requests that it be excused from the provisions of 11 U.S.C. 搂543(a) and (b),
effective as of the Petition Date of December 15, 2025, and an order entered preventing the
return of the Property to Debtor and allowing Receiver to proceed with the sale of the Property
under the Order Approving Sale.
CERTILMAN BALIN ADLER & HYMAN, LLP
Attorneys for Plaintiff
FourLeaf Federal Credit Union f/k/a
Bethpage Federal Credit Union
By:
/S/Thomas J. Monroe
Thomas J. Monroe, Esq.
Dated: December 22, 2025
Case 25-23251-MEH Doc 18-20 Filed 12/22/25 Entered 12/22/25 20:08:18 Desc
Memorandum of Law Page 20 of 20
ANN public copy | complete ECF 18-20 | combined source PDF 475/478
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