UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION 

In re: 

JUAN PABLO BRUZUAL, Case No.: 19-21823-BKC-JKO 

 Chapter 7 

Debtor. 

___________________________________/ 

RE-NOTICE OF TAKING RULE 2004 EXAMINATION DUCES TECUM 

(to change date and time) 

Kenneth A. Welt, Chapter 7 Trustee, by and through the undersigned counsel, gives 

notice that he shall examine Juan Pablo Bruzual, under oath on February 3, 2020, at 10:00 

a.m. at the Plantation office of Kozyak Tropin & Throckmorton LLP, 8201 Peters Road, 

Suite 1000, Office 26, Plantation, Florida 33324. The examination may continue from day to 

day until completed. 

 The examination is pursuant to FRBP 2004 and Local Rule 2004-1, and will be taken 

before an officer authorized to record the testimony. The scope of the examination shall be as 

described in FRBP 2004. Pursuant to Local Rule 2004-1 no order shall be necessary. 

 If the examinee requires an interpreter it is the examinee’s responsibility to engage the 

employment of such interpreter to be present at the examination. 

DUCES TECUM

The examinee is directed to deliver the following documents to counsel for the Trustee 

five (5) business days prior to the date of the examination: 

 SEE EXHIBIT “A” ATTACHED HERETO 

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DEFINITIONS OF TERMS

For purposes of the Notice of Rule 2004 Examination Duces Tecum, attached hereto, the 

following words shall have the meanings indicated below: 

1. “Copies” of documents includes, but is not limited to, duplicates or counterparts 

of any original produced from the same impression or process as the original by carbon or other 

chemical or substance or process; negative and positive film and prints of an original or copy of 

reproductions and facsimiles of an original or copy, whether or not the same size, produced by 

photographic, micro-photographic, photostatic, xerographic, electronic, computerized, or 

mechanized process, or by any other process, and enlargement and reductions thereof; and the 

data or other information comprising a record stored or transmitted as provided in the preceding 

definition of “Record,” and the visible data or other information generated or regenerated or 

transmitted by such information storage or retrieval or transmission system or device, if it is 

legible or can be made legible by enlargement or other process.

2. “Debtor” is intended to and shall mean the Debtor listed in the above styled case 

herein, in addition, his/her attorneys, accountants, agents, servants, associates, employees, 

representatives, investigators, and others who are or who have been in possession of or may have 

obtained information for or on behalf of him/her with respect to any matter referred to in the 

pleadings in the above styled case. 

3. “Document” includes each and every original and copy of any written, recorded, 

or graphic matters, however produced or reproduced and regardless of where located, including 

but not limited to any summary, schedule, memorandum, note, statement, letter, telegraph, inter 

or intra-office communication, report, diary, desk or pocket calendar or notebook, day book, 

appointment book, pamphlet, periodical, work sheet, list, graph, chart, index, tape, record, 

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drawing, partial or complete report of telephone or oral conversation, compilation, tabulation, 

computer-stored memory component or device, study, analysis, transcript, minutes, data sheet, 

data processing card or tape, phone-records, and all memorials of any conversations, meetings or 

conferences, by telephone or otherwise, and any other writing or recording in the possession, 

custody or control of Debtor, or his attorneys. The term “document” shall also include the files 

in which any documents are maintained, including file folders or file jackets, and adjacent or 

related exhibit folders in which any documents are filed or maintained. 

4. “Interest” shall be deemed to include corporation, limited partnership, general 

partnership, limited liability company, joint venture, limited liability partnership, professional 

association, or other entity, regardless of whether such Interest was ever formed, transacted or 

open for business, in which (a) you held or had the right to purchase or acquire an ownership 

interest, whole or fractional, (b) you provided consulting, investment, marketing or other advice, 

(c) you were an officer, director, shareholder, partner, consultant, investor, adviser, managing 

executive, managing agent, person in control, or (d) you considered becoming an owner, 

investor, partner, shareholder, director, officer, managing executive or agent, adviser, or 

consultant. 

5. “Materials” shall be deemed to include all documents, letters, memoranda, notes 

and any other written communication and written notes of all oral communications, whether in 

person or by telephone, and every record of every type, including but not limited to, information 

stored on any electromagnetic storage device, any written, printed, typed, recorded, or graphic 

matter, however produced or reproduced or stored, in the possession, custody or control of 

Debtor, all drafts, notes, or preparatory material concerned with said document, and every 

additional copy of such record or document where such copy contains any commentary, 

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notations, or other change whatsoever that does not appear on the original or other copy of the 

document produced. Also included in this definition is any summary of a document or 

documents called for hereafter. It is requested that all documents be produced in the manner 

they are kept in the ordinary course of business. 

6. “Petition Date” shall mean the date of filing of the original petition in the abovestyled case. 

7. “Record” includes but is not limited to each and every book of account and other 

books of every kind, journals, ledgers, statements, instruments, files, messages, writings of every 

kind, and other internal or other data and other information of every description made or received 

by you in the regular course of business or otherwise, regardless of the mode in which it is 

recorded; the original of any such record includes the data or other information comprising a 

record stored or transmitted in or by means of any electronic, computerized, mechanized, or 

other information storage or retrieval or transmission system or device which can upon request 

generate, regenerate, or transmit the precise data or other information comprising the record, and 

an original also includes the visible data or other information so generated, regenerated, or 

transmitted if it is legible or can be made legible by enlargement or other process. 

8. “You” or “Your” means the Deponent named herein above, including, but not 

limited to, his/her agents, employees or other servants, attorneys, representatives of any kind, and 

any other person or entity acting on behalf or for the benefit of Deponent. 

INSTRUCTIONS

In responding to the Notice of Rule 2004 Examination Duces Tecum, you are required to 

produce those materials within your custody or control, and in addition, those in the possession 

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of or obtainable by your attorneys, investigators, adjusters, insurance carriers, representatives, 

agents or anyone acting on your behalf or on their behalf. 

If, in responding to the Subpoena Duces Tecum, you withhold production of any 

document on the ground of a privilege not to disclose the document, please state with respect to 

each such document: (a) The type of document involved and a general description of the context 

of the document; (b) The name, business and residence addresses and telephone numbers, and 

any position of the individual from whom the document emanated; (c) The name, business, and 

residence address and telephone numbers and positions of each individual to whom the 

document or copy of the document was sent; (d) The privilege upon which Debtor, relies in 

withholding the document; (e) The facts upon which Debtor, relies on support of his claim that 

they were privileged to withhold the document or documents; and, (f) the names, business and 

residence address and telephone numbers, and positions or occupations of individuals known or 

believed by the Debtor, to have knowledge concerning the factual basis for the Debtor’s 

assertion of privilege with regard to the document. 

TIME LIMITATION

This request, in the form of a Notice of Rule 2004 Examination is a continuing one and 

if, after producing documents, should Debtor obtain or become aware of any further documents 

responsive to this request, it is requested that the undersigned attorney be contacted immediately 

and that Deponent produce such further documents at the offices of Rappaport Osborne & 

Rappaport PLLC, 1300 N. Federal Highway, Suite 203, Boca Raton, FL 33432. 

I HEREBY CERTIFY that a true copy of the foregoing was served electronically where 

available or by regular mail to all those enumerated herein below this January 21, 2020. 

I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court for the Southern District of Florida 

and I am in compliance with the additional qualifications to practice in this Court set forth in Local Rule 2090-1(A). 

Case 19-21823-JKO Doc 55 Filed 01/21/20 Page 5 of 8
 

 Rappaport Osborne & Rappaport, PLLC 

Counsel to Trustee 

1300 N. Federal Hwy Suite 203 

The Squires Buidling 

Boca Raton, FL 33432 

Telephone: (561) 368-2200 

Facsimile: (561) 338-0350 

By:________/s/_____ ____ 

 Leslie S. Osborne, TRUSTEE 

 FLORIDA BAR NO. 0823139 

 

SERVICE LIST 

 James B Miller bkcmiami@gmail.com 

 Office of the US Trustee USTPRegion21.MM.ECF@usdoj.gov 

 Kenneth A Welt fl10@ecfcbis.com; pacerfilings@gmail.com; kaw@trustesolutions.net; 

court@trusteeservices.biz

 Corali Lopez-Castro Clc@Kttlaw.Com 

South Palm Reporting Agency 

Case 19-21823-JKO Doc 55 Filed 01/21/20 Page 6 of 8
EXHIBIT A 

PRODUCING DOCUMENTS BY EMAIL OR FLASH DRIVE IS NOT PERMITTED 

UNLESS EXPRESS PERMISSION GIVEN BY TRUSTEE 

Please note that unless otherwise specified, all documents sought are for the period dating 2 

years prior to the petition date through to the present 

 

As to Deponent(s) individually 

 

1. A complete copy of all US individual Income Tax Returns; 

2. A complete copy of all personal financial statements or loan applications prepared by 

you or others on your behalf, whether for personal use, or issued to banks, other 

financial institutions, credit card issuers or third parties; 

3. All bank account statements, cancelled checks, etc. standing in your name, or jointly 

with another, or in the name of another, to which you may make deposits and take 

withdrawals, located anywhere in the world; 

4. All other monetary accounts standing in your name, jointly with another, or in the 

name of another, to which you have access to include: savings account, certificates of 

deposits, or other monetary instruments, located anywhere in the world; 

5. All brokerage statements standing in your name, jointly with another, or in the name 

of another in which you have an interest, located anywhere in the world; 

6. All insurance policies presently in force, including but not limited to the following; 

a. Life insurance, to include cash value or borrowings; 

b. Homeowner policies to include scheduled items; 

c. Automobile policies; 

d. Umbrella policies; 

e. Disability/income policies; 

f. Any insurance policy in which you have an interest of any nature, not identified 

above; 

g. Any document requesting a change in coverage for the above listed policies; 

7. Titles to all real property owned by you, or jointly with another, or in the name of 

another in which you may have an interest, located anywhere in the world; 

8. Titles or registrations for motor vehicles, aircraft, motorcycles, boats, golf carts, or 

any other such vehicle, whether titled to you individually, jointly, or in the name of 

another in which you may have an interest, located anywhere in the world; 

9. Copies of all trust documents in which you were the grantor or in which you may 

have some beneficial interest; 

10. Copies of all gift tax returns, IRS Form 706, which you may have filed or caused to 

be filed on your behalf, for any calendar year since 2008; 

11. All current promissory notes to which you are the maker; 

12. All current loan documents in which you are the obligor; 

13. A schedule of contingent assets that may exist as of the present date giving full 

particulars; 

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14. A schedule of contingent liabilities to which you may be exposed to as of the present 

date giving full particulars; 

15. All employment agreements to which you are party or in which you have been a 

party; 

16. All documents recording loans or notes receivable that are due to you as of the 

current date; 

17. All mortgages and mortgage notes to which you are a mortgagee, as of the current 

date; 

18. All documents evidencing transfer of real, intangible or personal property made by 

you to another that had a value in excess of $1,000; 

19. All stock certificates, certificates of membership, in any entity, corporation, limited 

company, partnership, joint venture in which you have an interest at the present date; 

20. Appraisals made of any real property or tangible personal property owned by you, 

jointly or with another in which you have an interest, located anywhere in the world; 

21. Any judgments or recorded claims filed against you as of the present date; 

22. Any and all Contracts for safe deposit boxes/vaults; 

23. Internal Revenue Service audit reports and related correspondence; 

24. Any retirement, pension, or profit sharing plans in which you are a party or have an 

interest in, including plan origination documents, statements evidence value, deposits 

and disbursements, and any documents evidencing the source of deposits. 

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