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IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

(Alexandria Division) 

In re: ) 

 ) 

MOHAMED A. EL REFAIE ) 

 ) Case No. 20-12583KHK 

 Debtor. ) Chapter 11 

____________________________________) 

MOTION FOR RULE 2004 EXAMINATION 

 Comes now, H. Jason Gold, the Chapter 7 Trustee (“Trustee”), by and through undersigned 

counsel, pursuant to Bankruptcy Rule 2004(a), and hereby moves this Court for the entry of an 

Order directing Café Concepts LLC, Bank of America N.A., Wells Fargo N.A., and Radloff & 

Schmitz, PLLC to produce documents to the Trustee for inspection and copying, and for reasons 

states as follows: 

Background 

1. On November 23, 2020, Mohamed A. El Rafaei (“Debtor”) filed a voluntary 

petition for relief under Chapter 11 of Title 11 of the United States Bankruptcy Code (the 

“Bankruptcy Code”). 

2. On August 2, 2022, this Court entered an Order Approving Appointment of H. 

Jason Gold as Chapter 11 Trustee. 

3. On August 17, 2022, this Court entered an Order Granting a Motion to Convert 

Case to Chapter 7. H. Jason Gold was appointed Chapter 7 Trustee. 

4. The Trustee now is investigating the existence, nature and extent of assets, and 

whether there have been an avoidable transfers. 

Café Concepts LLC 

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5. The Debtor has testified that he is a member of Café Concepts LLC with a 50% 

ownership interest. 

6. Creditor Anis Rhamine, who is the other member of Café Concepts LLC, testified 

that the Debtor is a member of Café Concepts LLC, but amount of his ownership interest is 

unknown. 

7. Creditor Rhamine further testified that the Debtor invested that the Debtor invested 

$32,000 in Café Concepts LLC before declaring bankruptcy, and $196,261 of the Estate’s assets 

in Café Concepts LLC post-bankruptcy. 

8. Creditor Rhamine further testified that Café Concepts LLC owes Design 2 Build 

LLC, which the Debtor is the sole member of and which is the Debtor’s alter ego, an unquantified 

amount of money. That money is property of the Estate. 

9. The Debtor has testified that Café Concepts LLC’s lease has been terminated. 

10. To investigate the value of the Debtor’s interest in Café Concepts LLC and its 

assets, and whether there were any avoidable transfers to Café Concepts LLC, the Trustee asks 

that the Court order Café Concepts LLC to produce to the Trustee the following documents: 

a. Café Concepts LLC’s operating agreement; 

b. Café Concepts LLC’s monthly savings, checking, and/or credit card 

account statements from the date that Café Concepts LLC opened any 

accounts to the present; 

c. Any and all documents relating to Café Concepts LLC’s purchase of any 

equipment, supplies or materials, including but not limited to receipts, 

purchase orders, and/or invoices; 

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d. Any and all documents relating to Café Concepts LLC’s purchases of any 

services, including but not limited to contracts, invoices, estimates, and/or 

work orders; 

e. Any and all documents relating to rent payments made by or on behalf of 

Café Concepts LLC; 

f. Any and all documents relating to Café Concepts LLC’s lease or the 

termination thereof; 

g. Any and all documents related to or serving as the basis for Exhibits F and 

G that Rhamine testified about at the evidentiary hearing on the motion to 

appoint Chapter 11 Trustee on November 17, 2021; and 

h. Any and all documents relating to work performed by Design 2 Build, LLC 

for Café Concepts LLC. 

Bank of America, N.A.

11. The Debtor is the sole member of two entities called Design 2 Build LLC and 

Socialize America LLC. Those entities are the Debtor’s alter egos. 

12. The Debtor has continued to operate Design 2 Build LLC during his bankruptcy, 

and pay personal expenses from Design 2 Build LLC’s accounts. 

13. Socialize America, LLC is a shell entity that the Debtor used to open a bank account 

to conceal funds. The Debtor claims that he has not used the Socialize America, LLC account since 

declaring bankruptcy, but the Trustee would like to verify the same. 

14. The Debtor, Design 2 Build LLC and Socialize America LLC have or do maintain 

savings, checking, and/or credit card accounts at Bank of America. 

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15. Anis Rhamine testified that Café Concepts, LLC maintains its accounts at Bank of 

America, and that he maintains his personal accounts there. 

16. The Trustee would like to investigate whether the Debtor has used any accounts in 

the name of his wife, Omnia Moustafa, to conceal funds. 

17. The Trustee would like to investigate the nature and extent of the Debtor’s assets, 

whether the Debtor has concealed any assets, and whether the Debtor has made any post-petition 

avoidable transfers. 

18. Rhamine testified that he used the bank account for a business entity called District 

Cafes LLC to engage in transfers with the Debtor, including a voidable transfer in December 2019. 

19. Accordingly, the Trustee asks that the Court order Bank of America, N.A. to 

produce to the Trustee the following documents: 

a. Any and all monthly savings, checking, and/or credit card account 

statements from November 2019 to the present including check images for 

accounts in the name of any of the following entities or individuals: 

i. Omnia Moustafa; 

ii. Anis Rhamine a/k/a Anis Rhanime 

iii. Café Concepts, LLC; and/or 

iv. District Cafes LLC. 

b. Any and all monthly savings, checking, and/or credit card account 

statements from November 2015 to the present including check images for 

accounts in the name of any of the following entities or individuals: 

i. Mohamed A. El Refaie a/k/a Mohamed A. El Rafaei a/k/a Mohamed 

A Elrafaei; 

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ii. Design 2 Build LLC; and/or 

iii. Socialize America LLC. 

Wells Fargo, N.A. 

20. In the past, the Debtor has maintained checking, savings, and/or credit card 

accounts personally and/or for his various business entities at Wells Fargo, N.A. 

21. The Trustee would like to investigate whether the Debtor has made any postpetition avoidable transfers. 

22. Accordingly, the Trustee asks that the Court order Wells Fargo, N.A. to produce to 

the Trustee the following documents: 

a. Any and all monthly savings, checking, and/or credit card account 

statements from November 2019 to the present including check images for 

accounts in the name of Omnia Moustafa; and 

b. Any and all monthly savings, checking, and/or credit card account 

statements from November 2015 to the present including check images for 

accounts in the name of any of the following entities or individuals: 

i. Mohamed A. El Refaie a/k/a Mohamed A. El Rafaei a/k/a Mohamed 

A Elrafaei a/k/a; 

ii. Design 2 Build LLC; and 

iii. Socialize America LLC 

Radloff & Schmitz, PLLC 

23. Undersigned counsel received a tip that Radloff & Schmitz, PLLC, which is an 

accounting firm located at 10134 Colvin Run Road, Great Falls, Virginia 22066, was involved in 

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resolving some dispute involving the Debtor and the Debtor’s uncle, Said Shehata, who also was 

a party to an avoidable transfer. 

 24. The Trustee would like to investigate the validity of that tip and the dispute to see 

if there are additional assets or avoidable transfers that can be pursued. 

25. Accordingly, the Trustee asks that the Court order Radloff & Schmitz, PLLC to 

produce to the Trustee any and all documents relating to Said Shehata and/or Mohamed A. El 

Refaie a/k/a Mohamed A. El Rafaei a/k/a Mohamed A Elrafaei, Design 2 Build, LLC, and/or 

Socialize America, LLC. 

Conclusion 

26. For the reasons stated above, the Trustee requests an opportunity to examine the 

foregoing documents to: 

a. Determine whether there are avoidance actions which can be pursued for 

the benefit of the Estate; 

b. Determine whether there are assets of value that can be liquidated for the 

benefit of creditors; and 

c. Determine whether there is a basis to object to the claims of any creditors. 

WHEREFORE, the Chapter 7 Trustee, H. Jason Gold, respectfully requests that this Court 

enter an Order: 

a. Requiring the Café Concepts LLC, Radloff & Schmitz, PLLC, Bank of 

America, N.A., and Wells Fargo, N.A. to produce to the Trustee, for inspection and 

copying, within twenty-one (21) days from the entry of the Order granting this 

Motion, the documents listed above; and 

b. Granting such other and further relief as the nature of this case may require. 

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Respectfully submitted, 

/s/ Charles B. Peoples 

THOMAS, THOMAS & HAFER, LLP 

Charles B. Peoples, Esquire, VB No. 89981 

Thomas, Thomas & Hafer LLP 

1025 Connecticut Avenue, NW, Suite 608 

Washington, DC 20036 

Phone: (202) 945-9501 

Cell: (443) 907-6046 

Fax: (202) 945-9509 

cpeoples@tthlaw.com 

Counsel for Chapter 7 Trustee

 

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IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

(Alexandria Division) 

In re: ) 

 ) 

MOHAMED A. EL REFAIE ) 

 ) Case No. 20-12583KHK 

 Debtor. ) Chapter 11 

____________________________________) 

PROPOSED ORDER 

 HAVING CONSIDERED, H. Jason Gold, the Chapter 7 Trustee’s (“Trustee”) Motion for 

Rule 2004 Examination, IT IS HEREY ORDERED, that the Motion is GRANTED, and that the 

following entities shall produce the following documents to counsel for the Chapter 7 Trustee, H. 

Jason Gold, Charles B. Peoples, Esquire, Thomas, Thomas & Hafer, LLP, 1025 Connecticut Ave., 

NW, Ste. 608, Washington, DC 20036, cpeoples@tthlaw.com, 202-945-9501, within 21 days of 

the date of this Order the following documents: 

1. Café Concepts LLC shall produce to the Trustee the following documents: 

a. Café Concepts LLC’s operating agreement; 

b. Café Concepts LLC’s monthly savings, checking, and/or credit card account statements 

from the date that Café Concepts LLC opened any accounts to the present; 

c. Any and all documents relating to Café Concepts LLC’s purchase of any equipment, 

supplies or materials, including but not limited to receipts, purchase orders, and/or 

invoices; 

d. Any and all documents relating to Café Concepts LLC’s purchases of any services, 

including but not limited to contracts, invoices, estimates, and/or work orders; 

e. Any and all documents relating to rent payments made by or on behalf of Café Concepts 

LLC; 

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f. Any and all documents relating to Café Concepts LLC’s lease or the termination 

thereof; 

g. Any and all documents related to or serving as the basis for Exhibits F and G that 

Rhamine testified about at the evidentiary hearing on the motion to appoint Chapter 11 

Trustee on November 17, 2021; and 

h. Any and all documents relating to work performed by Design 2 Build, LLC for Café 

Concepts LLC. 

2. Bank of America, N.A. shall produce to the Trustee the following documents: 

a. Any and all monthly savings, checking, and/or credit card account statements from 

November 2019 to the present including check images for accounts in the name of any 

of the following entities or individuals: 

i. Omnia Moustafa; 

ii. Anis Rhamine a/k/a Anis Rhanime 

iii. Café Concepts, LLC; and/or 

iv. District Cafes LLC. 

b. Any and all monthly savings, checking, and/or credit card account statements from 

November 2015 to the present including check images for accounts in the name of any 

of the following entities or individuals: 

i. Mohamed A. El Refaie a/k/a Mohamed A. El Rafaei a/k/a Mohamed A Elrafaei; 

ii. Design 2 Build LLC; and/or 

iii. Socialize America LLC. 

3. Wells Fargo, N.A. shall produce to the Trustee the following documents: 

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a. Any and all monthly savings, checking, and/or credit card account statements from 

November 2019 to the present including check images for accounts in the name of 

Omnia Moustafa; and 

b. Any and all monthly savings, checking, and/or credit card account statements from 

November 2015 to the present including check images for accounts in the name of any 

of the following entities or individuals: 

i. Mohamed A. El Refaie a/k/a Mohamed A. El Rafaei a/k/a Mohamed A Elrafaei 

a/k/a; 

ii. Design 2 Build LLC; and 

iii. Socialize America LLC 

4. Radloff & Schmitz, PLLC shall produce to the Trustee any and all documents relating to Said 

Shehata and/or Mohamed A. El Refaie a/k/a Mohamed A. El Rafaei a/k/a Mohamed A Elrafaei, 

Design 2 Build, LLC, and/or Socialize America, LLC. 

_________ ____________________________________ 

Date The Honorable Klinette H. Kindred 

 United States Bankruptcy Judge 

 

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CERTIFICATE OF SERVICE 

 I DO HEREBY CERTIFY on this 8th day of December, 2022, that the foregoing Motion 

for Rule 2004 Examination and Proposed Order was served on the following via first class mail 

postage prepaid: 

Mohamed A. El Rafaei 

9203 Old Courthouse Rd. 

Vienna, VA 22182 

Debtor 

Jack Frankel 

Office of the U.S. Trustee 

1725 Duke Street, Suite 650 

Alexandria, VA 22314 

Counsel for the U.S. Trustee 

/s/ Charles B. Peoples 

THOMAS, THOMAS & HAFER, LLP 

Charles B. Peoples, Esquire, VB No. 89981 

6207917.1

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