Louis J. Ebert (Bar No. 17527)

Rosenberg Martin Greenberg, LLP

25 South Charles Street, 21st Floor

Baltimore, MD 21201

(410) 649-4995

Attorneys for RL BB ACQ III-MD SHP, LLC

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

In re: *

LAMEES ALROMANI * Case No. 16-13854

Debtor * (Chapter 7)

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

MOTION FOR 2004 EXAMINATION OF BANK OF AMERICA

RL BB ACQ III-MD SHP, LLC, assignee of RL BB Acquisition, LLC (“RL BB”),

creditor and party in interest, by its undersigned attorney, hereby files this Motion for the 2004

Examination of Bank of America (the “Motion”) pursuant to Rule 2004 of the Federal Rules of

Bankruptcy Procedure (the “Bankruptcy Rules”). In support, RL BB respectfully represents as

follows:

Jurisdiction and Venue

1. This Court has jurisdiction to consider this Motion under 28 U.S.C. §§ 157 and

1334. This is a core proceeding under 28 U.S.C. § 157(b). Venue is proper before this Court

under 28 U.S.C. §§ 1408 and 1409. The statutory predicate for the relief requested is Bankruptcy

Rule 2004.

Background

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2. On November 10, 2016 Lamees Alromani (the “Debtor”) filed a voluntary petition

under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”) commencing

the instant proceeding.

3. H. Jason Gold has been appointed the Chapter 7 Trustee of the Debtor’s estate.

4. RL BB holds a judgment against the Debtor, and others, in excess of three million

dollars which is recorded in the Fairfax Circuit Court as Judgment no. 520576. As such, RL BB

is both a creditor of the Debtor and a party in interest with standing to move under Bankruptcy

Rule 2004.

5. RL BB is currently investigating the Debtor’s financial and business affairs as

well as her entitlement to a discharge of the debt she owes to RL BB.

6. In the Debtor’s schedules [Dkt. 12] she indicates that she currently holds various

accounts with Bank of America (“BOA”).

Legal Standard and Argument

7. Bankruptcy Rule 2004 provides that, upon the motion of any party in interest, the

Court may authorize a party to examine any entity on issues relate to the acts, conduct, or

property or to the liabilities and financial condition of a debtor, or to any matter that may affect

the administration of a debtor’s estate, or to the debtor’s right to a discharge, and to any other

matter relevant to the case. Fed. R. Bankr. P. 2004 (emphasis added).

8. Courts in this district, among others, have “long held that the scope of an

examination under Bankruptcy Rule 2004 is extremely wide; some going as far as saying that

2004 allows fishing expeditions.” In re Nucletron Mfg. Corp., 1994 WL 16191611 at *2 (Bankr.

E.D.Va. 1994); In re Szadlowski, 198 B.R. 140, 141 (Bankr. D. Md. 1996); n re Valley Forge

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Plaza Associates, 109 B.R. 669, 674 (Bankr. E.D. Pa. 1990).

9. The purpose of a 2004 Examination is to aid in the discovery of assets and the

unearthing of frauds. In re GHR Energy Corp., 33 B.R. 451, 453 (Bankr. D. Mass 1983); 9

Collier on Bankruptcy P. 2004.02 (16th ed. 2015). The target of this inquiry can be any entity

“related to any matter which may affect the administration of the debtor’s estate.” Hope 7

Monroe St. L.P. v. Riaso, LLC, 743 F.3d 867, 874 (D.C. Cir. 2014).

10. At present, RL BB is investigating whether the Debtor has fully and accurately

revealed all of her assets and whether she is entitled to a discharge of the debt owed to RL BB.

Considering that the Debtor has a banking relationship with BOA, RL BB submits that cause

exists to authorize it to examine BOA in connection with this investigation. If the Motion is

granted, RL BB intends to proceed by first issuing a request for production of documents to BOA

and thereafter, if necessary, deposing BOA’s corporate designee.

11. The request for the production of documents and subsequent deposition, if

necessary, is proper and should be authorized by the Court.

12. This Motion need not be accompanied with a memorandum of points and

authorities pursuant to Local Bankruptcy Rule 9013-1 (G).

WHEREFORE, for the reasons set forth in this Motion, RL BB requests that this Court

enter an Order:

A. Directing BOA to timely produce the documents set forth as Exhibit A, within

fourteen (14) days after service of the Order granting this Motion and a subpoena for same;

B. Directing BOA, if and when requested, to appear for oral examination or

examinations, through its corporate designee, under oath in accordance with Bankruptcy Rule

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2004, at a mutually agreeable location in the Commonwealth of Virginia, on dates scheduled by

mutual agreement of the parties, or, failing that, on not less than fourteen (14) days’ notice given

by the Debtor; and

C. Granting such other and further relief as this case may require and the Court

deems just and appropriate.

Dated: February 15, 2017 /s/ Louis J. Ebert

Louis J. Ebert (Bar No. 17527)

Rosenberg Martin Greenberg, LLP

25 South Charles Street, 21st Floor

Baltimore, MD 21201

(410) 649-4995

Attorneys for RL BB ACQ III-MD SHP, LLC

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EXHIBIT A

Definitions

As used in this request, the following words shall be defined as follows:

1) “Document” includes, but is not limited to, originals where available, or otherwise

a carbon copy, xerox copy or other copy, including each non-identical copy (whether different

from the original because of marginal notes, or other material inserted or attached thereto, or

otherwise) of each item of correspondence, letters, electronic mail, memoranda, messages,

telephone bills, notes, offers, orders, confirmations, contracts, agreements, reports, punch sheets,

punch lists, agendas, cables, telegrams, diaries, appointment books, invoices, ledgers, returns,

accounts, checks, check stubs, drafts, statements, indexes, data sheets, data processing cards,

logs, worksheets, service orders, expense vouchers, maintenance records, inspection reports,

licenses, permits, settlement paperwork, printing, pictures, advertisements, slides, film,

microfilm, micro fiche and other written matter of every kind and character; notes, memoranda,

transcripts, recording tapes, recording disks or other records of oral communications; and graphs,

books, charts, tables, prospectuses, tabulations, worksheets, compilations, summaries, minutes,

lists, pamphlets, brochures, drawings, renderings, diagrams, sketches, etchings, tracings, plans,

blueprints, posters, periodicals, publications, bulletins, computer printouts, studies or other

papers in the possession, custody or control of Bank of America, or its agents, employees,

attorneys or representatives, including documents which were prepared by Bank of America’s

agents, employees, attorneys or representatives, which did not leave the custody of the person

preparing it.

2) “You” or “Your” refers to Bank of America, its agents, attorneys, employees,

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subsidiaries, joint venturers, partners, predecessors, successors and all other persons acting for,

purporting to act for, or subject to the control of Bank of America.

3) “And” or “Or” shall include the conjunctive as well as the disjunctive.

4) “Communications” include correspondence, discussions, telephone conversations

and all other forms of written or oral communication.

Documents to be Produced

Any and all documents in your possession, custody or control that relate or reflect or refer

to:

1. Accounts (including, but not limited to, copies of statements, items, memoranda,

evidence of wire transfers, debits, credits and cashier’s checks, and as to any checks of any kind,

copies of the front and back) maintained at you from and after January 1, 2009, by:

a. Ali Al-Attar and/or Lamees Al-Romani (hereafter collectively referred to

as “Judgment Debtors” or individually as “Judgment Debtor”).

b. Any individual or entity for which any Judgment Debtor has or had

signature authority).

c. Any individual or entity over which any Judgment Debtor exercises or

exercised control.

d. Any and all entities for which Judgment Debtor is or was an officer,

member, employee, or had a direct or indirect ownership interest in.

2. Loans made or held by you since January 1, 2009 (documents for this request shall

also include, but not be limited to: loan documents, credit memorandums, loan applications, tax

returns, financial statements and other papers reflecting the financial affairs of and assets owned

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by those individuals or entities listed in paragraph 2(a) through paragraph 2(d) below) to:

a. Any Judgment Debtor.

b. Any individual or entity for which any Judgment Debtor has or had

signature authority.

c. Any individual or entity over which any Judgment Debtor exercises or

exercised control.

d. Any and all entities for which any Judgment Debtor is or was an officer,

member, employee, or had a direct or indirect ownership interest in.

3. Personal financial statements and records (including but not limited to, copies of

tax returns, loan applications, etc.) for:

a. Any Judgment Debtor.

b. Any individual or entity for which any Judgment Debtor has or had

signature authority.

c. Any individual or entity over which any Judgment Debtor exercises or

exercised control.

d. Any and all entities for which any Judgment Debtor is or was an officer,

member, employee, or had a direct or indirect ownership interest in.

4. Lockboxes maintained by you for the benefit of:

a. Any Judgment Debtor.

b. Any individual or entity for which any Judgment Debtor has or had

signature authority.

c. Any individual or entity over which any Judgment Debtor exercises or

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exercised control.

d. Any and all entities for which any Judgment Debtor is or was an officer,

member, employee, or had a direct or indirect ownership interest in.

5. Any and all payments (including, but not limited to, copies of statements, items,

memoranda, evidence of wire transfers, debits, credits and cashier’s checks, and as to any checks

of any kind, copies of the front and back), transfers/sales or exchanges of funds or other

property/assets, since January 1, 2009, made between you and:

a. Any Judgment Debtor.

b. Any individual or entity for which any Judgment Debtor has or had

signature authority.

c. Any individual or entity over which any Judgment Debtor exercises or

exercised control.

d. Any and all entities for which any Judgment Debtor is or was an officer,

member, employee, or had a direct or indirect ownership interest in.

6. Any and all payments (including, but not limited to, copies of statements, items,

memoranda, evidence of wire transfers, debits, credits and cashier’s checks, and as to any checks

of any kind, copies of the front and back), transfers/sales or exchanges of funds or other

property/assets, since January 1, 2009, received by you from:

a. Any Judgment Debtor.

b. Any individual or entity for which any Judgment Debtor has or had

signature authority.

c. Any individual or entity over which any Judgment Debtor exercises or

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exercised control.

d. Any and all entities for which any Judgment Debtor is or was an officer,

member, employee, or had a direct or indirect ownership interest in.

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SERVICE LIST

Lamees Alromani

8901 Gallant Green Drive

McLean, VA 22102

H. Jason Gold

Nelson Mullins Riley & Scarborough LLP

101 Constitution Avenue, N.W., Suite 900

Washington, DC 20001

Office of the U.S. Trustee

600 East Main Street, Suite 301

Richmond, VA 23219

Richard Owen Bolger, Esq.

Bolger Law Firm, PLLC

10347 Democracy Lane

Fairfax, VA 22030

Bank of America

PO Box 26012

Greensboro, NC 27420

Citi

P.O. Box 6190

Sioux Falls, SD 57117

Bank of America

100 North Tryon Street

Suite 120

Charlotte, NC 28202

Bank of America

c/o CT Corporation System

4701 Cox Road, Suite 285

Glen Allen, VA 23060

4852-7094-2786, v. 1

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