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UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

DIVISION: MIAMI

In re: Case No.19-18883-BKC-RAM

 Chapter 7

 VERNELL ROBINSON

 Debtor /

DEBTOR’S MOTION TO VACATE ORDER GRANTING TRUSTEE’S EMPLOYMENT 

OF MARTIN HANNAN AS SPECIAL COUNSEL FOR TRUSTEE

Debtor’s attorney moves as above titled pursuant to Federal Rule of Bankruptcy 

Procedure 9023 and would show your Honor. 

1. Debtor filed her petition on July 1, 2019.

2. Debtor first met with her attorney on June 24, 2019. Debtor’s wages were 

being garnished. Debtor’s daughter takes debtor’s grandchild as a dependent on 

daughter’s income tax return as such it debtor was not able to dissolve garnishment of her 

wages. Debtor literally does have her grandchild financially dependent on debtor.

3. With the need to stop garnishment of her wages the bankruptcy was quickly 

filed.

4. The bankruptcy schedules do not ask whether debtor has had an accident 

by which a claim for personal injury can be maintained. 

5. At the creditors meeting on August 06, 2019 the astute Barry E. Mukamal, 

Trustee asked debtor if she had been in any accident during the past years. Debtor said 

she had. She had an attorney but did not recollect his name. Debtor’s attorney was 

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instructed to obtain the name of the debtor’s accident attorney and forthwith provide the 

Trustee the name, telephone number. 

6. Debtor’s attorney did as instructed; the next day on August 7, 2019 the 

trustee was informed that Martin Hannan was debtor’s attorney for the injury. Address and 

telephone number were also provided. 

7. Shortly after August 7, 2019 L. Shoot went on his yearly extended August 

vacation. Returning to Miami in September 2019 it was surprising that the Trustee had not 

filed with this Court a Motion to employ attorney. Debtor’s attorney then contacted the 

office of Marin Hannan and was told that no bankruptcy trustee had contacted Martin 

Hannan. 

8. Debtor’s discharge was October 11, 2019. Prior to the discharge It appeared 

to debtor’s bankruptcy attorney the trustee had reviewed the dire financial finances of 

debtor and trustee concluded trustee would deem it a no asset case. 

9. After entry of debtor’s discharge, it was verily believed the Trustee had 

decided not to pursue any claim against debtor’s personal injury claim. Debtor literally 

lives paycheck to paycheck. Her dischargeable debt is less than $6,000.00. 

10. The trustee can legally be allowed to pursue the personal injury claim after 

debtor’s discharge which is not equitable. Debtor has now amended her schedules, listed 

the personal injury claim as an asset and changed all her exemptions from Florida State 

law to United States Exemptions 11 U.S.C. §522 (d).

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11. Rule 1009 allows debtor to amend her schedules at any time before the 

case is closed. Nor does the code or rules disallow a change of exemptions from state to 

federal. Debtor needs a fresh start and the limited money from a personal injury lawsuit 

scheduled at $10,000.00 is not yet a completed settlement. Debtor suffers with a

permanent limp not pain and suffering. 

12. Rule 4003(b) permits a trustee, or other party in interest, to file an objection 

to the list of property claimed as exempt within thirty days of its filing. The objector must 

then carry the burden of producing evidence that rebuts the presumption that the claimed 

exemption is valid. See Fed. R. Bankr.P. 4003(C); Fed.R.Evid. 301; accord Lampe v. 

Williamson (In re Lampe, 331 F.3d 750, 754 (10th Cir.2003) cited by In re Daly, 344 B.R. 

304, 308 (Bankr. M.D. Penn. 2012)

WHEREFORE it is respectfully prayed that the Order entered February 21, 2020 

(Doc 20) be vacated as debtor has a significant need for any monies her attorney Martin 

Hannan can receive for her benefit. 

I certify service by ECF e mail on the list of parties who receive e mail notice on February 

27, 2020

Barry E Mukamal, Trustee

Box 158

1 S.E. Third Ave. 

Miami, FL 33131

Assistant U.S. Trustee

Steven Schneiderman, Esq.

51 S.W. 1st Ave Room 1204

Miami, FL. 33130

Martin Hannan, Esq. info@martinhannanpa.com

“LS”

Lawrence Shoot

Fla. Bar# 112950

4830 S.W. 92 Ave.

Miami, FL. 33165

(305) 270-2110

lshoot@bellsouth.net

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