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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

Previous Chapter 11

Chapter 7

CHAPTER 7 TRUSTEE’S MOTION TO COMPEL PRODUCTION 

OF DOCUMENTS FROM THE DEBTOR AND FOR SANCTIONS

MARCIA T. DUNN, as Chapter 7 Trustee (the “Trustee”) for the above-captioned 

bankruptcy estate (the “Estate”), by and through undersigned counsel, seeks entry of an order 

compelling ALEJANDRO FABIAN SCOLNIK (the “Debtor”) produce all documents responsive 

to the Trustee’s Rule 2004 document requests and for sanctions and in support thereof, 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). Venue is proper in this District 

pursuant to 28 U.S.C. § 1409.

BACKGROUND

2. On May 23, 2019 (the “Petition Date”), the Debtor commenced the instant 

bankruptcy case with the filing of a voluntary petition for relief 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. The Debtor’s 11 U.S.C. § 341 Meeting of Creditors was held and concluded as of 

December 18, 2019 [D.E. 153]. 

9. On October 7, 2019, the Trustee filed and served a Notice of Rule 2004 Examination 

Duces Tecum of Debtor [D.E. 110], thereby requesting information and documentation from the 

Debtor to be produced no later than November 11, 2019.

10. On October 22, 2019, the Trustee filed and served a Re-Notice of Rule 2004 

Examination Duces Tecum of Debtor [D.E. 110], thereby requesting information and 

documentation from the Debtor to be produced no later than November 12, 2019.

11. On November 5, 2019, the Trustee filed and served a Re-Notice of Rule 2004 

Examination Duces Tecum of Debtor [D.E. 135], thereby requesting information and 

documentation from the Debtor to be produced no later than November 12, 2019.

12. On November 18, 2019, the Debtor filed his Notice of Response to Request for 

Documents Attached to R2004 Exam of Debtor (ECF135) [D.E. 141].

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13. On December 9, 2019, by agreement with the Debtor, the Trustee filed and served 

a Re-Notice of Rule 2004 Examination Duces Tecum of Debtor [D.E. 148], thereby requesting 

information and documentation from the Debtor to be produced no later than December 13, 2019.

14. On December 9, 2019, by agreement with the Debtor, the Trustee filed and served 

a Re-Notice of Rule 2004 Examination Duces Tecum of Debtor [D.E. 163], thereby requesting 

information and documentation from the Debtor to be produced no later than January 9, 201.

15. On December 23, 2019, by agreement with the Debtor, the Trustee filed and served 

a Re-Notice of Rule 2004 Examination Duces Tecum of Debtor [D.E. 160], thereby requesting 

information and documentation from the Debtor to be produced no later than January 2, 2020.

16. On December 24, 2019, by agreement with the Debtor, the Trustee filed and served 

a Re-Notice of Rule 2004 Examination Duces Tecum of Debtor [D.E. 163], thereby requesting 

information and documentation from the Debtor to be produced no later than January 2, 2020.

17. On January 2, 2020, by agreement with the Debtor, the Trustee filed and served a 

Re-Notice of Rule 2004 Examination Duces Tecum of Debtor [D.E. 176], thereby requesting 

information and documentation from the Debtor to be produced no later than January 2, 2020.

18. On January 9, 2020, the Trustee took the Rule 2004 Examination of the Debtor (the 

“Examination”). 

19. At the Examination, the Debtor admitted that he had not produced all of the records 

in his care, custody or control. The Debtor further testified that he did not produce the following 

documents and would provide same to the Trustee:

a. The Debtor failed to produce the majority of his business records and indicated that 

such records were located at his business/former business premises. The Debtor 

agreed to produce such documentation and turn them over to the Trustee. 

b. The Debtor testified that he had a storage facility, possibly located at Biscayne 

Boulevard and N.E. 125th Street in Miami, that contained accounting and business 

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records. Further, the Debtor testified that the documents were destroyed in April 

2019 or May 2019 by the storage facility as a result of non-payment of rent. The 

Debtor agreed to produce information relating to the storage facility, proof that the 

Debtor no longer has access to the storage facility, and confirmation of the 

destruction of the contents therein. 

c. The Debtor agreed to turn over copies of each of his current passports, cover to 

cover including all pages, and to turnover his expired passports to the Trustee. 

d. The Debtor failed to turn over any documents relating to any motor vehicles. At 

the Examination, the Debtor testified that he owned, leased or controlled the 

following vehicles: (i) 2018 BMW Motorcycle K1600; (ii) 2017 Land Rover 

(Range Rover); (iii) 2014 Audi A4; (iv) 2017 Porsche Macan; (v) 2016 Bentley; 

(vi) 2014 Bentley; (vii) 2017 Land Rover (Range Rover); (viii) 2014 Jeep 

Wrangler; (ix) 2014 Audi R8; (x) 2014 Audi RS7; (xi) 2013 Tesla Model S; (xii) 

2013 Mercedes-Benz G63 AMG; and (xiii) Harley Davidson motorcycle. 

e. The Debtor failed to produce documents relating to a down payment in the amount 

of $30,000 to purchase/lease one of the Bentley vehicles. 

f. The Debtor failed to turn over any documents relating to any boats or watercraft 

including, but not limited to, documents relating to the following boats: (i) 2015 

41-foot Cigarette(s); (ii) 2015 33-foot Thunderbird; and (iii) 2015 41.2-foot Twin 

Hull. 

g. The Debtor failed to turn over an original promissory note and documents related 

to his loan to Mr. Pablo Barreiro.

h. The Debtor failed to turn over to the Trustee copies of insurance policies that he 

liquidated prior to or after the Petition Date including the date of liquidation and 

value received. 

i. The Debtor failed to produce by-laws for each of his entities, including but not 

limited to: (i) Piacere News & Café Corp.; (ii) Franchise USA Corp.; (iii) Godiva 

American, Corp.; (iv) Santa Fe Restaurant Group, LLC; (v) Santa Fe Café Naples, 

LLC; (vi) Brickell Restaurante, LLC; (vii) Latte S.I.; (viii) The Grand, LLC; (ix) 

C. Gables Restaurant Corp. 

j. Within six months prior to his bankruptcy filing, the Debtor withdrew 

approximately $550,000 in cash from his personal and business bank accounts. The 

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Debtor has failed to provide any documentation as to how such funds were 

employed. 

k. The Debtor failed to turn over documents for each of his entities, including but not 

limited to: (i) Piacere News & Café Corp.; (ii) Franchise USA Corp.; (iii) Godiva 

American, Corp.; (iv) Santa Fe Restaurant Group, LLC; (v) Santa Fe Café Naples, 

LLC; (vi) Brickell Restaurante, LLC; (vii) Latte S.I.; (viii) The Grand, LLC; (ix) 

C. Gables Restaurant Corp.

l. The Debtor failed to turn over the QuickBooks files for each of his entities, 

including but not limited to: (i) Piacere News & Café Corp.; (ii) Franchise USA 

Corp.; (iii) Godiva American, Corp.; (iv) Santa Fe Restaurant Group, LLC; (v) 

Santa Fe Café Naples, LLC; (vi) Brickell Restaurante, LLC; (vii) Latte S.I.; (viii) 

The Grand, LLC; (ix) C. Gables Restaurant Corp.

m. The Debtor failed to turn over his tax returns from 2014-2020 and the tax returns 

for each of his entities, including but not limited to: (i) Piacere News & Café Corp.; 

(ii) Franchise USA Corp.; (iii) Godiva American, Corp.; (iv) Santa Fe Restaurant 

Group, LLC; (v) Santa Fe Café Naples, LLC; (vi) Brickell Restaurante, LLC; (vii) 

Latte S.I.; (viii) The Grand, LLC; (ix) C. Gables Restaurant Corp. As of the filing 

of this motion, the Trustee is only in possession of the Debtor’s 2017 individual tax 

return. 

n. The Debtor failed to turn over documents relating to his ownership and/or sale in a 

Rolex Watch. 

20. On January 13, 2020, counsel for the Trustee provided Debtor’s counsel a letter 

outlining the Debtor’s deficient production and outlining the required production. Attached hereto 

as Exhibit 1 is a true and correct copy of the letter sent to Debtor’s counsel. The Trustee gave the 

Debtor through January 21, 2020 to produce the responsive documents. 

21. On January 22, 2020, counsel for the Trustee again conferred with Debtor’s counsel 

regarding the Debtor’s deficient production. 

22. As of the date of this motion, the Debtor has failed to produce any documents 

responsive to the requests in paragraph 19 supra. Further, the Debtor has to provide a reasonable 

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explanation as to why the Debtor is unable or unwilling to produce the requested information. 

23. The information and documentation sought by the Trustee is property of the Estate 

pursuant to 11 U.S.C. § 541, and subject to turnover pursuant to 11 U.S.C. § 542.

24. Moreover, 11 U.S.C. § 521(a)(3) requires a debtor to “... cooperate with the trustee 

as necessary to enable the trustee to perform the trustee’s duties under this title;” and 11 U.S.C. § 

521(a)(4) requires a debtor to “... surrender to the trustee all property of the estate and any recorded 

information, including books, documents, records, and papers, relating to property of the estate...”

25. The Debtor’s failure to turn over the information and documentation requested by 

the Trustee not only violates the Debtor’s duties under 11 U.S.C. §§ 521(a)(3) and (4), but is 

severely prejudicing the Trustee's administration of this Estate.

26. Further, Fed. R. Bankr. P. 2004 provides in relevant part:

(a) Examination on Motion. On motion of any party in interest, the court may order 

the examination of any entity. 

(b) Scope of Examination. The examination of an entity under this rule ... may 

relate only to the acts, conduct, or property or to the liabilities and financial 

condition of the debtor, or to any matter which may affect the administration of the 

debtor’s estate, or to the debtor’s right to a discharge. In ... a reorganization case 

under chapter 11 of the Code, ... the examination may also relate to the operation 

of any business and the desirability of its continuance, the source of any money or 

property acquired or to be acquired by the debtor for the purposes of consummating 

a plan and the consideration given or offered therefore, and any other matter 

relevant to the case or to the formulation of a plan. 

(c) Compelling Attendance and Production of Documentary Evidence. The 

attendance of an entity for examination and for the production of documents ... 

may be compelled as provided in Rule 9016 for the attendance of a witness at a 

hearing or trial. 

Fed. R. Bankr. P. 2004.

27. Fed. R. Bankr. P. 2004 allows the Trustee to go on a general fishing expedition so 

long as the information sought relates to “the acts, conduct, or property or to the liabilities and 

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financial condition of the debtor, or to any matter which may affect the administration of the 

debtor's estate....” In re MMH Auto. Group, LLC, 346 B.R. 229, 233 (Bankr. S.D. Fla. 2006) (citing 

In re Wilcher, 56 B.R. 428 (Bankr.N.D.Ill.1985)). 

28. The documents requested above are straightforward, and more importantly, 

squarely within the scope of Fed. R. Bankr. P. 2004. The Trustee requires such documents to 

administer the Debtor’s bankruptcy case. 

29. Local Rule 2004-1(B) provides that request for production of documents may be 

construed as request under Bankruptcy Rule 7034.

30. Local Rule 2004-1(D) states that “no subpoena shall be necessary to compel 

attendance of, or production of documents from, the debtor at an examination of the debtor.”

31. In addition to an order compelling the production of documents, the Debtor should 

be required to reimburse the Trustee for her reasonable attorneys’ fees and costs in connection 

with this motion pursuant to Fed. R. Civ. P. 37(a)(5)(A) (applicable pursuant to Fed. R. Bankr. P.

7037). The persistent disregard by the Debtor to his obligations under the rules make an award of 

attorney’s fees appropriate and just. Upon a finding of entitlement, Plaintiff will file an affidavit 

of attorneys’ fees and costs. 

32. Accordingly, the Trustee seeks entry of an order compelling the Debtor to produce 

all documents as listed above within ten (10) days of an order granting this motion. 

33. Pursuant to Local Rule 7026-1(F), undersigned counsel certifies that prior to the 

filing of this motion he made an effort to confer with the Debtor regarding the outstanding 

discovery issues described herein but was unable to resolve the matter without Court intervention. 

WHEREFORE, the Trustee respectfully requests this Honorable Court enter an order: (1) 

granting the Trustee’s Motion; (2) directing the Debtor to produce the requested information and 

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documentation sought by the Trustee pursuant to the Rule 2004 Examination within ten (10) days 

of an order; (3) entering sanctions in the form of attorney’s fees against the Debtor and (4) granting 

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

Respectfully submitted this 5th day of February, 2020.

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

CERTIFICATE OF SERVICE

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

Electronic Filing (CM/ECF) on this 5th day of February, 2020, upon all registered users in this 

case; and via first class U.S. mail upon the Debtor:

Alejandro Fabian Scolnik, Debtor

21200 Point Place #501

Aventura, FL 33180

Alejandro Fabian Scolnik, Debtor

400 Sunny Isles Blvd., #117

Sunny Isles Beach, FL 33160

By: /s/ Barry S. Turner

 Barry S. Turner, Esq.

 Florida Bar No. 85535

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