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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

www.flsb.uscourts.gov

In re:

PACIFICO SUR GROUP, LLC, 

 Debtor.

_________________________/

Case No. 19-22057-RAM

Chapter 7 (Involuntary)

Jointly Administered 

CHAPTER 7 TRUSTEE’S MOTION FOR TURNOVER OF 

DEBTORS’ FUNDS AT PNC BANK, N.A. 

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

bankruptcy estate (the “Estate”), by and through undersigned counsel, pursuant to 11 U.S.C. §§ 

541 and 542, files this Motion to for Turnover of Debtors’ Funds at PNC Bank, N.A. (the 

“Motion”), and in support thereof states as follows:

1. On September 10, 2019 (the “Petition Date”), in each respective case, an 

Involuntary Petition Against a Non-Individual was filed against PACIFICO SUR GROUP, LLC

(“Pacifico”) and CHILEAN FISHERIES GROUP, LLC (“Chilean”, together with Pacifico, the 

“Debtors”) commencing involuntary bankruptcy cases for each under Chapter 7, of Title 11 of the 

United States Code (the “Bankruptcy Code”) [Pacifico, D.E. 1; Chilean D.E. 1].

2. On January 29, 2020, Marcia T. Dunn was appointed as the Interim Chapter 7 

Trustee in each bankruptcy case [Pacifico, D.E. 74; Chilean D.E. 77].

3. On February 6, 2020, the Trustee served PNC Bank, N.A. (“PNC Bank”) with the 

Notice of Rule 2004 Examination Duces Tecum of PNC Bank, N.A. and Intent to Serve Subpoena 

[Pacifico, D.E. 86] and corresponding subpoena (the “Subpoena”). 

4. On February 20, 2020, an Order for Relief in Involuntary Case and Order Setting 

Deadline for Filing Schedules, Statements and Other Documents was entered in each case 

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[Pacifico, D.E. 126; Chilean D.E. 110] as a result of Pacifico and Chilean each filing a response 

consenting to relief under the Involuntary Petitions.

5. On February 27, 2020, Marcia T. Dunn was appointed as the Chapter 7 Trustee in 

each bankruptcy case [Pacifico, D.E. 133; Chilean D.E. 117].

6. Upon motion and order, the Pacifico and Chilean cases were jointly administered 

as of March 3, 2020 [Pacifico, D.E. 142].

7. A review of the Debtors’ bank statements responsive to the Subpoena evidence that 

a balance remains in the Debtors’ bank accounts at PNC Bank in the approximate amount of 

$2,500.00. Such funds are property of the Estate under 11 U.S.C. § 541.

8. Considering the status of this involuntary bankruptcy case and other potential holds 

on the funds, PNC Bank seeks an order from this Court directing and authorizing PNC Bank to

turn over the funds in the name of either of the Debtors to the Trustee.

9. Accordingly, the Trustee seeks turnover of the funds at PNC Bank pursuant to 11 

U.S.C. § 542. See generally, United States v. Whiting Pools, Inc., 462 U.S. 198, 103 S. Ct. 2309 

(1983) and United States v. Challenge Air International, Inc., 952 F.2d 384 (11th Cir. 1992).

10. The relief herein is without prejudice to any party claiming an interest in such funds. 

Any holds on Debtors’ bank accounts, including any garnishments, liens, attachments, or 

restraining notices to which the funds are subject, may attach with equal priority when the funds 

are turned over to the Trustee.

11. A proposed order is attached hereto as Exhibit 1. 

WHEREFORE, the Trustee respectfully requests that this Court enter an Order: (1) 

directing and authorizing PNC Bank, N.A. to turn over the funds to the Estate; and (2) granting 

any such additional relief as this Court deems just and proper.

Respectfully submitted this 26th day of May, 2020.

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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 by U.S. First Class 

Mail or Email, on May 26, 2020, upon the following:

PACIFICO SUR GROUP, LLC

20900 NE 30th Avenue

Suite 200-32

Aventura, FL 33180

CHILEAN FISHERIES GROUP, LLC

20900 NE 30th Avenue

Suite 200-32

Aventura, FL 33180

Justin J. Kontul, Esq.

jkontul@reedsmith.com

Amy Kerlin, Esq.

akerlin@reedsmith.com

Reed Smith LLP

Reed Smith Centre

225 Fifth Avenue 

Pittsburgh, PA 15222-2716

Attorneys for PNC Bank, N.A.

Flex Funding 

25 E. 86 St., Apt. 9F 

New York, NY 10028

Kash Capital 

475 Northern Blvd.

Flr 3, Suite 36 

Great Neck, NY 11021

Advantage Platform Services Inc. d/b/a 

Advantage Capital Funding 

104 E. 25 St.

New York, NY 10010

Green Capital Funding LLC 

116 Nassau St., Suite 804 

New York, NY 20038

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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 26th day of May, 2020, upon all registered users in this case. 

By: /s/ Barry S. Turner

 Barry S. Turner, Esq.

 Florida Bar No. 85535

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