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13839059.1 

 IN THE UNITED STATES BANKRUPTCY COURT FOR THE 

 EASTERN DISTRICT OF VIRGINIA 

 ALEXANDRIA DIVISION 

IN RE: ) 

) CASE NO. 16-10556-BFK 

TERENCE MICHAEL HYNES, ) 

KATHRYN WILSON HYNES, ) 

) Chapter 11 

Debtors. ) 

MOTION FOR ORDER REQUIRING BURTON J. HAYNES TO 

APPEAR AND BE EXAMINED PURSUANT TO BANKRUPTCY RULE 2004 

AND TO PRODUCE CERTAIN MATERIALS AT THE EXAMINATION 

The United States of America, on behalf of the IRS, moves for entry of an order 

pursuant to Fed. R. Bankr. P. 2004, directing Burton J. Haynes to appear for examination 

under oath and to produce certain documents. 

NOTICE OF OPPORTUNITY TO OBJECT 

Pursuant to Local Rule 2004-1, parties have 7 days from the date of service of this 

motion to object to the motion. 

MEMORANDUM 

Debtors filed a bankruptcy petition seeking relief under Chapter 11 on or about 

February 18, 2016. 

The Disclosure of Compensation filed with the Petition indicates that Haynes 

provided the $2,400 received by Debtor’s counsel and the $1,717.00 filing fee. These 

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amounts came “from money paid to Haynes by the Debtors.” ECF No. 1 at 13. 

According to Debtor’s Form 107 (Statement of Financial Affairs), within 1 year 

before this bankruptcy petition was filed, Debtors paid the Haynes $4,800 in “Legal fees in 

connection with IRS collection matters.” ECF No. 17, at 34. The dates of of these 

payments to Haynes are not disclosed. Id. 

At the 341 Meeting of Creditors, Debtor Terrence Hynes (who is an attorney) was 

not able to explain whether this money from Haynes was a gift or a loan, or whether it 

was Debtor’s own money that Haynes held in trust. Haynes is not listed as a creditor on 

Debtors’ schedules. 

Debtors filed a motion seeking to employ Haynes as tax counsel for the estate. ECF 

No. 27. Haynes’s declaration in support of the motion to employ does not specify in any 

detail his prior relationship with the Debtors except that he “represented the Debtors 

prior to the filing of their bankruptcy.” ECF No. 27-1. The United States, on behalf of the 

IRS, and the US Trustee have opposed the motion to employ Haynes. 

Accordingly, the United States requests that the Court order Haynes to be 

examined under oath about his financial transactions with Debtors, any money held or is 

holding for Debtors, any money he owed or owes Debtors, any money Debtors owe or 

owed him, the source of funds used to pay the expenses of filing this bankruptcy case, any 

claim he may have against the estate, and any agreements regarding money between 

himself and Debtors. 

In addition, the United States requests that this Court require Haynes to produce 

all documents evidencing any financial transactions or agreements between Haynes and 

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the Debtors, including but not limited to all documents relating to any money Haynes (or 

anyone on his behalf) received from Debtors (or anyone on their behalf) within one year 

of the bankruptcy petition, all documents relating to any money Debtors (or anyone on 

their behalf) received from Haynes (or anyone on his behalf) at any time, and the source 

of funds used to pay the expenses of filing this bankruptcy case. 

Dated: April 26, 2016 

CAROLINE D. CIRAOLO 

Acting Assistant Attorney General 

/s/ Boris Kukso 

BORIS KUKSO 

Trial Attorneys, Tax Division 

U.S. Department of Justice 

P.O. Box 310 

Washington, D.C. 20044 

202-353-1857 (v) 

202-307-0054 (f) 

Boris.Kukso@usdoj.gov 

Of Counsel: 

DANA J. BOENTE 

United States Attorney 

 

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CERTIFICATE OF SERVICE

I hereby certify that on April 26, 2016, a copy of foregoing MOTION FOR ORDER 

REQUIRING BURTON J. HAYNES TO APPEAR AND BE EXAMINED PURSUANT 

TO BANKRUPTCY RULE 2004 AND TO PRODUCE CERTAIN MATERIALS AT THE 

EXAMINATION has been sent by First Class US Mail to: 

Terence & Kathryn Hynes 

7004 Green Oak Drive 

Mc Lean, VA 22101-1551 

Debtors 

Brian Andrew Tucci 

7979 Old Georgetown Rd. 

Suite 750 

Bethesda, MD 20814 

Debtor’s Counsel

David E. Lynn 

15245 Shady Grove Road, 

Suite 465 North 

Rockville, MD 20850 

Debtor’s Counsel 

Burton J. Haynes, 

9273 Old Keene Mill Road, 

Burke, VA 22015 

Deponent 

Jack Frankel 

Office of the U.S. Trustee 

115 South Union Street, Ste. 210 

Alexandria, VA 22314 

US Trustee 

/s/ Boris Kukso 

BORIS KUKSO 

Trial Attorney 

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