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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

www.flsb.uscourts.gov

In re:

ALEJANDRO FABIAN SCOLNIK, 

 Debtor.

_______________________________/

Case No. 19-16856-RAM

Chapter 7

TRUSTEE’S OBJECTION TO DEBTOR’S CLAIMED 

EXEMPTIONS AND MOTION FOR TURNOVER

MARCIA T. DUNN, the successor Chapter 7 Trustee (the “Trustee”) of the bankruptcy 

estate of ALEJANDRO FABIAN SCOLNIK (the “Debtor”), by and through undersigned 

counsel, pursuant to Federal Rule of Bankruptcy Procedure 4003 and 11 U.S.C. §§ 522(b)(3)(A), 

541, 542, and 548(e), files this Objection to the Debtors’ Claimed Exemptions (the “Objection”) 

and Motion for Turnover (“Motion”), and in support states as follows: 

JURISDICTION

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

1334. This Motion is a core matter pursuant to 28 U.S.C. § 157(b)(2)(A), (E) & (O). Venue is 

proper in this District pursuant to 28 U.S.C. § 1409.

BACKGROUND

2. On May 23, 2019 (the “Petition Date”) ALEJANDRO FABIAN SCOLNIK (the 

“Debtor”), commenced the instant bankruptcy case with the filing of a voluntary petition under 

Chapter 11, Title 11 of the United States Bankruptcy Code.

3. On June 17, 2019, the Debtor filed a Motion to Dismiss Case [D.E. 20], and on 

July 1, 2019, the Court entered an Order Granting Motion to Dismiss Case with Prejudice for 

Two Years [D.E. 33].

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4. On August 12, 2019, the Debtor filed a Motion to Convert Chapter 11 to Chapter 

7 [D.E. 57].

5. On August 13, 2019, the Court entered an Order Vacating Order dismissing case 

[D.E. 59] and entered an Order Granting Motion to Convert Case to Chapter 7 [D.E. 60]. 

6. On August 13, 2019, the Court entered a Notice Appointing Ross R. Hartog as 

Chapter 7 Trustee [D.E. 63].

7. On August 16, 2019, the Court entered a Notice Appointing Marcia T. Dunn as 

Chapter 7 Successor Trustee of the Debtor’s bankruptcy estate (the “Estate”) [D.E. 67].

8. On December 17, 2019, the Debtor’s §341 Meeting of Creditors was held and 

concluded. 

9. The original deadline to file an objection to the Debtor’s claimed exemptions was 

January 16, 2020. 

10. Upon agreed motion and order [D.E. 175], the current deadline for the Trustee to 

file an objection to the Debtor’s claimed exemptions is April 15, 2020.1 This Objection and 

Motion are timely. 

11. On June 6, 2019, the Debtor filed his initial Schedules [D.E. 14]. On June 17, 

2019, the Debtor filed Amended Schedules [D.E. 22]. On November 25, 2019, the Debtor filed 

his Amended Schedules (the “Amended Schedules”) [D.E. 144]. There have been no further 

amendments. 

12. The Debtor’s Amended Schedule A [D.E. 144] values his home at $816,000.00 

(the “Real Property”). Debtor’s scheduled home is owned with Debtor’s estranged spouse, 

Glady E. Ulloa Scolnik (see Chapter 7 Case No. 19-25391-RAM pending before this Court). 

1 Undersigned counsel’s office reached out to Debtor’s counsel seeking an extension of this deadline prior to filing 

but has not yet received a reply.

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However, the Debtor does not claim ownership in any personal property located at the Real 

Property and testified as such.

13. Under Amended Schedule C [D.E. 144], the Debtor appears to claim the Real 

Property exempt in the “total amount allowed” pursuant to Fla. Const. art. X, § 4(a)(1) and Fla. 

Stat. Ann. §§ 222.01 and 222.02, and 11 U.S.C. § 522(b)(3)(B).

14. Under his Amended Schedules [D.E. 144] the Debtor disclosed and valued the 

following personal property under Amended Schedule A/B (the “Personal Property”) and 

claiming certain personal property exempt under Amended Schedule C [D.E. 144]: 

SCHEDULE 

A/B – LINE DESCRIPTION SCHEDULED VALUE

AMOUNT 

CLAIMED 

EXEMPT

3.1 2018 BMW K1600B (motorcycle) $15,945.00 $0.00

3.2-3.3 2017 Land Rover (vehicle) $0.00 and Fair 

Market Value

Not Claimed Exempt

6 Household goods and furnishings plus books $4,000.00 $0.00

11 Clothing (“everyday usual”) $50.00 $0.00

12 Jewelry $50.00 $0.00

16 Cash-on-Hand $50.00 Not Claimed Exempt

19 Business Interests $0.00 and Unknown Not Claimed Exempt

27 Franchises Unknown Not Claimed Exempt

30 Other Amounts Someone Owes You (“per 

settlement agreement”)

$600,000.00 Not Claimed Exempt

33 Claims Against Third Parties (“loan to Pablo 

Barreiro”)

$80,000.00 Not Claimed Exempt

TOTALS: $700,095.00 $0.00

15. The Trustee instructed Martin Claire & Co., LLC to appraise the items located at 

the Debtor’s Real Property and the Debtor’s rental apartment located at 400 Sunny Isles 

Boulevard, Apartment 117, Sunny Isles, FL (the “Apartment”). 

16. The personal property at the Real Property exceeded $20,000 and the personal 

property at the Apartment, which the Debtor claimed he owned, has an approximate value of 

$2,500.00.

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17. Further, the Debtor fails to disclose ownership and interests in several financial 

accounts. 

18. The Trustee continues to investigate the Debtor’s assets but seeks an order finding 

that the Debtor is only entitled to a personal property exemption in the amount of $1,000.00.

ARGUMENT

General Objections

19. The bankruptcy estate formed upon the filing of a Chapter 7 action comprises “all 

legal or equitable interests of the debtor in property as of the commencement of the case.” 11 

U.S.C. § 541(a)(1). The scope of the estate is broad and includes both tangible and intangible 

property. See United States v. Whiting Pools, Inc., 462 U.S. 198, 204–05 (1983).

20. The Trustee objects to the Debtor’s claimed exemption of all personal property, to 

the extent that the actual fair market value of said property as of the Petition Date, when 

combined with the Debtor’s other non-exempt assets, causes the Debtor to exceed the available 

$1,000.00 per person personal property exemption under Fla. Const. art. X, § 4(a)(2), or to the 

extent that any claimed property was converted from non-exempt assets in derogation of Fla. 

Stat. §§ 222.29 and 222.30, or any other applicable law. 

MOTION

21. As the personal property is claimed as exempt or is over-exempt, the Trustee 

seeks turnover of the of same pursuant to 11 U.S.C. § 542 (a), which states:

Except as provided in subsection (c) or (d) of this section, an entity, other 

than a custodian, in possession, custody, or control, during the case, of 

property that the trustee may use, sell, or lease under section 363 of this 

title, or that the debtor may exempt under section 522 of this title, shall 

deliver to the trustee, and account for, such property or the value of such 

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property, unless such property is of inconsequential value or benefit to the 

estate.

RESERVATION OF RIGHTS

22. The Trustee reserves the right to amend or supplement this filing at any time prior 

to or at hearing.

WHEREFORE, Marcia T. Dunn, as the duly appointed Chapter 7 Trustee of the 

bankruptcy estate of ALEJANDRO FABIAN SCOLNIK, respectfully requests this Honorable 

Court enter an Order: (1) sustaining the Objection and granting the Motion; (2) directing the 

Debtor to immediately turnover over to the Trustee the property listed herein; and (3) granting 

such other and further relief as the Court deems just and proper.

CERTIFICATE OF SERVICE

I CERTIFY that a true and correct copy of the foregoing was served by U.S. mail on this 

15th day of April, 2020, upon the Debtor and scheduled secured creditors:

Alejandro Fabian Scolnik

21200 NE 38 Avenue, #501

Aventura, FL 33180

Alejandro Fabian Scolnik

400 Sunny Isles Boulevard 

Apartment 117

Sunny Isles, FL

Bank of America 

450 American Street

Simi Valley, CA 93065

Biscayne Bank 

2601 S. Bayshore Drive

Suite 600

Coconut Grove, FL 33133

JPMorgan Chase

600 Community Drive 

Manhasset, NY 11030

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I CERTIFY that a true and correct copy of the foregoing was served via Notice of 

Electronic Filing (CM/ECF) on this 15th day of April, 2020, upon all registered users in this 

case. 

DUNN LAW, P.A.

Counsel for Marcia T. Dunn, Trustee

66 West Flagler Street, Suite 400

Miami, Florida 33130

Tel: 786-433-3866

Fax: 786-260-0269

Barry.Turner@dunnlawpa.com

By: /s/ Barry S. Turner

Barry S. Turner, Esq.

Florida Bar No. 85535 

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