UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA (Miami)

www.flsb.uscourts.gov

In re:

YONLESDY BORGES,

Debtor.

 /

Case No.: 19-18606-AJC

Chapter 7

DADECOUNTY FEDERALCREDITUNION,

Plaintiff,

vs. 

YONLESDY BORGES,

Defendant.

 /

Adv. Pro. No.: 20-01084-AJC

NOTICE OF FILING TRANSCRIPT OF 341 MEETING OF CREDITORS

Plaintiff, DADE COUNTY FEDERAL CREDIT UNION, by and through the undersigned

counsel, hereby gives notice of filing of the attached transcript of the Section 341 Meeting of

Creditors before Ross R. Hartog, one of the trustees in the United States Bankruptcy Court, in and

for the Southern District of Florida, at 51 SW 1st Ave., Miami, Miami-Dade County, Florida, which

meeting was conducted at or about 11:00 A.M. on July 31, 2019 in the above-referenced Chapter 7

Bankruptcy (In re: Yonlesdy Borges; Case No.: 19-18606-AJC). 

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 as set forth in Local Rule 2090-1(A).

SAPURSTEIN & BLOCH, P.A.

9700 SOUTH DIXIE HIGHWAY, SUITE 1000, MIAMI, FLORIDA 33156

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Notice of Filing Transcript of 341 Meeting of Creditors / Page 2

Case No. 19-18606-AJC / Adv. Pro. No. 20-01084-AJC

Respectfully submitted,

/s/ David R. Castellucci 

DAVID R. CASTELLUCCI, ESQ.

FBN: 116144

Sapurstein & Bloch, P.A.

Attorneys for Dade County Federal Credit Union

9700 South Dixie Highway, Suite 1000

Miami, FL 33156

Telephone: (305) 670-9500

Primary: dcastellucci@sblawfirmfl.com

Secondary: general@sblawfirmfl.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by

electronic means via CM/ECF and/or U.S. Mail on this 28th day of February 2020, to the 

interested parties listed below.

/s/ David R. Castellucci 

DAVID R. CASTELLUCCI, ESQ. 

SERVICE LIST:

Yonlesdy Borges, Debtor, 

22680 SW 108 Place, Miami, FL 33170

Timothy S. Kingcade, Esq., Attorney for Debtor, 

scanner@miamibankruptcy.com,

Ross R. Hartog, Trustee, 

P.O. Box 14306, Fort Lauderdale, FL 33301

Office of the U.S. Trustee, U.S. Trustee, 

51 S.W. 1st Ave., Suite 1204, Miami, FL 33130

N:\DOC\DADE COUNTY FED. C.U\728-VS. BORGES, YONLESDY CHAPTER 7 BANKRUPTCY 7\Adversary Proceeding\728 - Notice of Filing Transcript of 341 Meeting of Creditors.wpd

SAPURSTEIN & BLOCH, P.A.

9700 SOUTH DIXIE HIGHWAY, SUITE 1000, MIAMI, FLORIDA 33156

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1 (Pages 1 to 4)

Page 1

1 UNITED STATES BANKRUPTCY COURT

 SOUTHERN DISTRICT OF FLORIDA

2

3

4

IN RE: CASE NO. 19-18606-AJC

5

 YONLESDY BORGES,

6

 Debtor.

7 ________________________________/

8

9 341 MEETING OF CREDITORS

10 July 31, 2019

11 The above-entitled cause came on for a Section

12 341 Meeting of Creditors before ROSS R. HARTOG, one of the

13 trustees in the UNITED STATES BANKRUPTCY COURT, in and for

14 the SOUTHERN DISTRICT OF FLORIDA, at 51 SW 1st Ave.,

15 Miami, Miami-Dade County, Florida on July 31, 2019,

16 commencing at or about 11:00 a.m., and the following

17 proceedings were had.

18

19

20

21

22

23

24 Transcribed from a digital recording by:

 Cheryl L. Jenkins, RPR, RMR

25

Page 2

1

2 APPEARANCES:

3

 ROSS R. HARTOG, Trustee

4

5 KINGCADE & GARCIA, by

 TIMOTHY S. KINGCADE, Esquire

6 On behalf of the Debtor

7

 SAPURSTEIN & BLOCH, by

8 DAVID CASTELLUCCI, Esquire

 On behalf of Dade County Federal Credit Union

9

 ALSO PRESENT

10

 OSWALLDO SIERRA, Interrupter

11

 - - - - - - -

12

13

 WITNESS

14 Yonlesdy Borges Page

 Examination by Mr. Hartog 3,16

15 Examination by Mr. Castellucci 13

16

17

18

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22

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25

Page 3

1 MR. HARTOG: 19-18606, Yonlesdy Borges,

2 Borges.

3 You can just make your appearance on the

4 record.

5 All right. Mr. Sierra, please raise your

6 right hand.

7 Do you swear that you'll translated from

8 English to Spanish and from Spanish to English to the best

9 of your ability?

10 MR. SIERRA: Yes, I do.

11 (Thereupon, Mr. Sierra was duly sworn.)

12 MR. HARTOG: Sir, please raise your right

13 hand.

14 Do you swear the testimony you're about to

15 give will be the truth, the whole truth, and nothing but

16 the truth?

17 MR. BORGES: Yes.

18 Thereupon,

19 YONLESDY BORGES,

20 having been first duly sworn, was examined and testified

21 as follows:

22 EXAMINATION

23 BY MR. HARTOG:

24 Q. Please state your name.

25 A. Yonlesdy Borges.

Page 4

1 Q. Can you speak a little louder for me,

2 please, sir?

3 A. Yonlesdy Borges.

4 Q. And the address on 108th Place, that's on

5 your driver's license and bankruptcy petition, is that

6 your current address?

7 A. Yes.

8 MR. HARTOG: All right. I have verified the

9 identification of the debtor.

10 Debtor's counsel, make an appearance,

11 please.

12 MR. KINGCADE: Timothy S. Kingcade on behalf

13 of Borges.

14 MR. HARTOG: And we have some other visitors

15 here today. Make an appearance.

16 MR. CASTELLUCCI: David Castellucci on

17 behalf of Dade County Federal Credit Union.

18 MS. SERPO: And Louise Serpo (phonetic) with

19 Dade County Federal Credit Union.

20 MR. HARTOG: Okay.

21 BY MR. HARTOG:

22 Q. All right. So, are the bankruptcy documents

23 you filed with the Bankruptcy Court true and accurate to

24 the best of your knowledge?

25 A. Yes.

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Page 5

1 Q. Did you list all of your assets and all of

2 your liabilities?

3 A. Yes.

4 Q. Again, I need you to speak much louder, sir,

5 all right? This is being recorded, and we need to be able

6 to hear your voice.

7 Are there any changes you need to make to

8 any of your documents?

9 A. No.

10 Q. Thank you.

11 Did you read and sign the documents before

12 they were filed with the Court?

13 A. Yes.

14 Q. Have you filed bankruptcy before?

15 A. No.

16 Q. Are you married, divorced or single?

17 A. Married.

18 Q. Do you owe or pay anyone alimony or child

19 support?

20 A. No.

21 Q. Have you provided my office with a true and

22 correct copy of your 2018 income tax return?

23 A. Yes.

24 Q. All right. In the last five years have you

25 owned, purchased or sold any real estate?

Page 6

1 A. No.

2 Q. And are you still driving the Toyota Sienna?

3 A. Yes.

4 Q. And you're making your payments on the

5 Toyota?

6 A. Yes.

7 Q. All right. So tell me about the two

8 Maseratis, were they -- did you purchase them for your own

9 use, or somebody else's use?

10 A. For someone else, other people.

11 Q. All right. So the 2017 Maserati Levante,

12 all right, when did you purchase that vehicle?

13 A. I think it was in November of last year,

14 yes.

15 Q. November of 2018?

16 A. Yes.

17 Q. Okay. Did you put the money down?

18 A. No, I did not. The young man was the one

19 who put the down payment.

20 Q. Jose Rodriguez?

21 A. Jose Rodriguez, yes.

22 Q. Okay, and who is he?

23 A. I used to have before, I'm a barber, and he

24 needed that, so I lent him my credit for that purpose.

25 Q. Okay. Did you ever make any payments

Page 7

1 towards the 2017 Maserati?

2 A. No, he was the one who was in charge of all

3 that.

4 Q. Did you ever drive it?

5 A. No, never.

6 Q. And he has it now?

7 A. Yes.

8 Q. All right. Do you know his address, or his

9 contact information?

10 A. The only thing I have is his phone number.

11 I've been calling him. I have not been able to get in

12 touch with him. He has not called me back. So maybe he

13 went to Cuba.

14 Q. Okay. Can you provide me his phone number

15 right now?

16 A. Yes.

17 MR. HARTOG: He can put it on the record,

18 it's all right.

19 THE CLERK: Oh, okay.

20 MR. KINGCADE: I'll read it out.

21 MR. HARTOG: That's okay. If he's going to

22 write it down, it's fine.

23 MR. KINGCADE: Okay. Well, I'll read it to

24 everybody, 1-904-451-4756. There doesn't appear to be any

25 other information in the contact.

Page 8

1 MR. HARTOG: Okay.

2 MR. KINGCADE: I'll write it down.

3 BY MR. HARTOG:

4 Q. Do you think he's -- he's from Cuba, sir?

5 A. Yes, he's from Cuba. Excuse me, yes.

6 Q. All right. So you showed up to the

7 dealership with him the day that he purchased the car, and

8 you've never seen him or the car since?

9 A. Originally he would go to the barbershop to

10 get it cut, but after a while I've not seen him again.

11 Q. And this is the same gentleman that you

12 helped buy the 2016 Maserati Ghibli?

13 A. Yes, he bought both.

14 Q. Did he buy them both at the same time?

15 A. No, I think he bought one first, and then he

16 bought the other one, I believe it was in the same month.

17 It was for him and his wife, I believe.

18 Q. All right. Do you have any of the paperwork

19 concerning the purchase of the vehicles?

20 A. No, I have nothing like that.

21 Q. Okay. What dealer did he purchase these

22 from?

23 A. I think it was Ocean Mazda.

24 Q. Ocean Mazda?

25 A. Ocean Mazda.

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Page 9

1 Q. Do you remember where it's located, like,

2 where you went?

3 A. I think it's around Dadeland Mall, I

4 believe.

5 Q. And both the cars were purchased from the

6 same place?

7 A. Yes, yes.

8 Q. All right, and the explanation for the 2016

9 Maserati is the same, he wanted to buy the car, he used

10 your credit, but you never made any payments on it, you

11 didn't put any money down, you never drove it, is that

12 correct?

13 A. Yes, I did not provide any down payment.

14 (Inaudible conversation while the

15 interpreter was translating.)

16 MR. HARTOG: I mean, it's clearly the

17 refund, but I don't know how (inaudible) --

18 BY MR. HARTOG:

19 Q. All right. So other than the Toyota and the

20 two Maseratis, have you -- and I understand that it was

21 purchased, you know, with Mr. Rodriguez, but other than

22 those three vehicles, have you owned, purchased, or sold

23 any vehicles in the last five years?

24 A. No.

25 Q. All right. So, on your bankruptcy paperwork

Page 10

1 one of the questions it asks is how much -- or what kind

2 of jewelry you have.

3 A. Yes.

4 Q. All right, and you list $20 worth of

5 jewelry.

6 A. Yes, just a watch.

7 Q. But you owe Mayor's Jewelers $11,000. So

8 what did you purchase there?

9 A. That was a watch I bought at the beginning,

10 yes.

11 Q. And what happened to the watch?

12 A. I sold it because I felt (inaudible) my

13 daughter suffers from depression, so I lost my job, and I

14 had to dedicate some of my time for my daughter, and my

15 wife lost her job herself, and it went downhill.

16 Q. Yeah, but what happened to the watch?

17 A. I sold it.

18 Q. When did you sell it?

19 A. My daughter started falling, I think it was

20 October, maybe October or December.

21 Q. Of last year?

22 A. Yes.

23 Q. Who did you sell it to?

24 A. To a person that used to go to the

25 barbershop.

Page 11

1 Q. What's the person's name?

2 A. Well, just a normal client. This is not a

3 client of mine necessarily, he's just a person that used

4 to go to the barbershop.

5 Q. I understand. That wasn't my question. My

6 question was what was this person's name?

7 A. Well, he went there on a normal basis. I

8 told him, and so that he would go to the barbershop --

9 Q. Again for the second time, that's not the

10 question I asked.

11 I asked you what this person's name is.

12 A. I don't know his name. That was in December

13 of last year.

14 Q. Could you find out his name?

15 A. Yes, of course, I (inaudible) --

16 Q. All right. I'm going to put it on the list,

17 I need the name and contact information of the person you

18 sold the watch to.

19 How much did he pay you?

20 A. I sold it to him for about $5,000.

21 Q. Okay. What did you do with the money?

22 A. I spent it.

23 Q. On what?

24 A. I had not been working.

25 Q. Are you working?

Page 12

1 A. Yes, I'm working now.

2 Q. Were you working in December of last year

3 when you sold the watch?

4 A. There were a few days where I worked in

5 December. I worked very little at that time.

6 Q. And what did you purchase at El Dorado

7 Furniture?

8 A. I bought, it was some beds, mattresses.

9 Q. When did you do that?

10 A. I don't recall.

11 Q. Earlier this year?

12 A. Actually I think it was January of this

13 year.

14 Q. And what about Brandsmart, what did you

15 purchase there, a t.v., computer, refrigerator, what kind

16 of things did you buy?

17 A. Some earphones, an Apple computer, phone for

18 my daughter, two photographic cameras.

19 Q. So you work as a barber?

20 A. Yes.

21 Q. Do you rent a chair at a particular

22 barbershop, or do you work on your own? Do you just go to

23 people's houses? How does it work?

24 A. I use a chair at the barbershop, but the

25 barbershop is not mine.

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Page 13

1 Q. I understand, but what barbershop is it?

2 A. (Inaudible) Barbershop.

3 Q. Where is it located, the address, please?

4 A. 2072 Southwest 237th Street.

5 MR. HARTOG: (Cough.) Excuse me, sorry.

6 I have no further questions at the moment.

7 Counsel, do you have any questions?

8 MR. CASTELLUCCI: Yes, sir, I have a few

9 quick questions regarding the 2017 Maserati, and the loan

10 you had taken from Dade County Federal Credit Union. A

11 few of the questions were obviously already answered at

12 this meeting.

13 EXAMINATION

14 BY MR. CASTELLUCCI:

15 Q. Sir, when you took out the vehicle loan from

16 Ocean Mazda, your credit application indicated that you're

17 employed as president of YonyBC Corp. -- YonyBC Corp., and

18 your income was $10,000 a month, and that you're also the

19 barber, of course. Was this information accurate at the

20 time of the credit application?

21 A. They were the ones who filed out the

22 paperwork. I just went there with him. I presented my

23 credit, and the paperwork was done at the dealership.

24 Q. The Secretary of State indicates that in

25 February of 2019 YonyBC Corp. was dissolved, voluntarily

Page 14

1 dissolved.

2 A. I closed it because I had no -- I opened up

3 that corporation because I opened up a barbershop. Like I

4 said before, because of problems it went downhill.

5 Q. On your bankruptcy petition you indicate

6 that your income is $2,333, plus an additional 460 in food

7 stamps. Is that accurate?

8 A. Yes, right now, yes.

9 Q. Do you have any evidence to support the

10 income listed on your credit application with Ocean Mazda

11 when the vehicle was taken out? I heard that you had

12 filed a 2018 tax return.

13 A. No, like I said before, I did not do the

14 paperwork. The paperwork was done at the dealership.

15 Q. Did you make any payments on the vehicle, or

16 attempt to make any payments on the vehicle to Dade County

17 Federal Credit Union?

18 MR. KINGCADE: I'll just say it's asked and

19 answered.

20 THE WITNESS: No, it was him, I just left

21 the dealership and that was it.

22 BY MR. CASTELLUCCI:

23 Q. According to the credit union's records

24 there were three checks that you had called in and

25 authorized debits from three different bank accounts, one

Page 15

1 check in the amount of $6,000.

2 A. It was not me, no.

3 Q. May I show you the checks? They're listed

4 with your name on them.

5 A. A check?

6 Q. Yes, sir. One, which was issued on --

7 MR. KINGCADE: Are these three different

8 checks?

9 MR. CASTELLUCCI: Yes, sir.

10 BY MR. CASTELLUCCI:

11 Q. The first check --

12 MR. KINGCADE: Hold on.

13 MR. CASTELLUCCI: Yes, sir.

14 THE WITNESS: I have no bank account with

15 that bank. My bank is not that one.

16 BY MR. CASTELLUCCI:

17 Q. Well, there is three different checks from

18 three different banks.

19 A. Again, I only have one bank account, only

20 one bank.

21 Q. All three of these checks were returned from

22 the payment -- from the maker -- I mean from the payee

23 banks, the drawee bank's. One explanation was a warranty

24 breach, another was for "refer to maker", and the third

25 was flagged as altered, fictitious.

Page 16

1 A. Again, as I said before, I don't know about

2 that, I did not make these payments myself.

3 Q. You don't know much about those.

4 A. And less even with those banks. I don't

5 know what those banks are.

6 Q. And you had already answered that the

7 vehicle was taken out for someone else,

8 Mr. Jose Rodriguez?

9 A. Yes.

10 Q. And I was going to ask again where is

11 Mr. Jose Rodriguez. I understand you already answered.

12 A. Yes.

13 MR. CASTELLUCCI: Those are the only

14 questions I have, sir, at the moment.

15 EXAMINATION

16 BY MR. HARTOG:

17 Q. All right. Sir, did you read the bankruptcy

18 information sheet?

19 A. (No verbal response.)

20 MR. HARTOG: I need some information from

21 you, so I'm going to continue the meeting to August 28th

22 at 8:30 a.m. If you provide the information on this list,

23 you don't need to come back.

24 MR. KINGCADE: I'll review it with him, and

25 I'll confirm with you whether he needs to appear, all

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Page 17

1 right?

2 MR. HARTOG: Yeah, we'll let you know. If

3 we get the information we'll just --

4 MR. KINGCADE: Conclude.

5 MR. HARTOG: Yeah, we'll confirm.

6 MR. KINGCADE: Okay. Thank you.

7

8

9 (Thereupon, the 341 Meeting of Creditors was

10 adjourned.)

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Page 18

1

2 CERTIFICATION

3

4 STATE OF FLORIDA :

5 COUNTY OF MIAMI-DADE :

6

7 I, Cheryl L. Jenkins, RPR, RMR, Shorthand

8 Reporter and Notary Public in and for the State of Florida

9 at Large, do hereby certify that the foregoing Section 341

10 Meeting of Creditors was transcribed by me from a digital

11 recording made on the date and at the place as stated in

12 the caption hereto on page 1; that the foregoing

13 computer-aided transcription is a true record to the best

14 of my ability of said proceedings.

15 WITNESS my hand this 28th day of

16 August, 2019.

17

18

19 ______________________________

20 CHERYL L. JENKINS, RPR, RMR

21 Court Reporter and Notary Public

 in and for the State of Florida at Large

22 Commission #GG 138863

 December 27, 2021

23

24

25

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