UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

www.flsb.uscourts.gov 

In re: Chapter 7 

MP DIAGNOSTICS, INC., Case No.: 18-10450 -LMI 

MP DIAGNOSTICS, LTD., Jointly Administered 

 Debtors. 

______________________________________/ 

DREW M. DILLWORTH, as Chapter 7 

Trustee, 

 Plaintiff, 

v. 

GOLDEN PEAR FUNDING, LLC, a New 

York limited liability company, 

 Defendant. 

 / 

 

Adv. Pro. No. ___________ 

ADVERSARY COMPLAINT 

Plaintiff, Drew M. Dillworth, duly appointed, qualified, and acting chapter 7 bankruptcy 

trustee (“Trustee Dillworth”) for the chapter 7 bankruptcy estates of MP Diagnostics, Inc. 

(“MPDI”) and MP Diagnostics, Ltd. (“MPDL,” and jointly with MPDI, the “Debtor”), sues 

Defendant, Golden Pear Funding, LLC (“Defendant”), and states as follows: 

I. NATURE OF ACTION, PARTIES, JURISDICTION AND VENUE 

1. This adversary proceeding seeks to avoid and recover fraudulent transfers made 

by Debtors to Defendant, pursuant to sections 544, 548 and 550 of Title 11 of the United States 

Code, 11 U.S.C. §§ 101, et seq., (“Bankruptcy Code”), and applicable Florida law, and Rule 

7001 of the Federal Rules of Bankruptcy Procedure (“Bankruptcy Rules”). 

2. Plaintiff, Trustee Dillworth, is the duly appointed, qualified, and acting chapter 7 

trustee of Debtors’ bankruptcy estates created pursuant to section 541 of the Bankruptcy Code. 

Case 20-01068-LMI Doc 1 Filed 02/03/20 Page 1 of 20
3. Defendant is a New York limited liability company.

4. This Court has jurisdiction over the subject matter of this action pursuant to 

28 U.S.C. §§ 157(a) and (b) and 1334(b). 

5. Venue is proper in this district pursuant to 28 U.S.C. §§ 1408 and 1409. 

6. This is a core proceeding for which the Court is authorized to determine all 

matters regarding this case in accordance with 28 U.S.C. § 157(b)(2)(A), (B), (H), and (O). 

II. GENERAL ALLEGATIONS 

7. On January 12, 2018, MPDI filed a voluntary petition under chapter 11 of the 

Bankruptcy Code in the United States Bankruptcy Court for the Southern District of Florida 

(“Bankruptcy Court”), initiating the case styled In re MP Diagnostics, Inc., Case No. 18-10450-

LMI (“Main Case”). Thereafter, on February 4, 2018 (the “Petition Date”), MPDL filed a 

voluntary petition for relief under chapter 11 of the Bankruptcy Code in the Bankruptcy Court 

initiating the case styled In re MP Diagnostics, Ltd., Case No. 18-11342-LMI, which case is 

jointly administered with the Main Case. 

8. The Main Case was converted to one under Chapter 7 of the Bankruptcy Code by 

Order of the Court entered on March 15, 2015 [Main Case ECF No. 48]. Upon conversion, 

Trustee Dillworth was appointed as chapter 7 trustee of the Debtor’s bankruptcy estate [Main 

Case ECF No. 49]. 

9. Since the Petition Date, Trustee Dillworth has conducted an investigation into the 

Debtor’s pre-petition financial affairs to determine the cause of Debtor’s financial failure. 

Trustee Dillworth determined that, in part, a reason for the Debtor’s financial failure was the use 

of Debtor’s assets without receiving anything of value in return in the same or similar manner as 

occurred in Debtor’s financial dealings with Defendant. 

Case 20-01068-LMI Doc 1 Filed 02/03/20 Page 2 of 20
III. DEBTORS’ PREPETITION ACTIVITY 

10. MDPI is a Florida corporation. MDPL is a Florida limited liability company. 

MDPI is the general partner of MDPL. 

11. From inception through closing on the sale of the equity interests in Debtor on 

June 30, 2015, the equity interests of Debtor were owned and controlled by one or more of Jaime 

Pozo, Graciela Pozo, Yvette Almeida, and other members of the Pozo family (collectively, the 

“Pozo Family”). 

12. Debtor was originally organized by the members of the Pozo Family in 

approximately 2000. After their formation, Debtor provided medical diagnostic imaging 

services to the general public in South Florida. 

13. As of the summer of 2014, the Debtor was insolvent and not generally paying its 

debts as they came due. Debtor’s financial difficulties were related to reductions in 

reimbursement rates for Debtor’s services payable by health care insurers. These difficulties 

rendered the Debtor unable to invest in new equipment, pay rent to entities related to the Pozo 

Family, or pay salary to Debtor’s officers and directors. 

14. Rather than wind-down Debtor’s business and affairs, the Pozo family began an 

informal process of looking for a purchaser for the Debtor along with several other businesses 

owned by the Pozo Family, including Comprehensive Breast Centers, Ltd. and Flagler 

Diagnostics, Inc. (the “Non-Debtor Entities”). The Pozo Family did not hire a broker or 

investment banker to find a buyer for their equity interests in the Debtor because in their view 

the Debtor was not worth anything. To them, selling the equity in the Debtor was about getting 

out of the business before they lost everything. 

Case 20-01068-LMI Doc 1 Filed 02/03/20 Page 3 of 20
15. In August of 2014, the Pozo Family entered into an agreement to sell their 

ownership interests in Debtor and the Non-Debtor Entities (the “Sale Transaction”) to Alvaro 

Villegas Garcia (“Garcia”). 

16. At the time of the Sale Transaction, Garcia was a recent graduate of University of 

Miami with little, if any, experience operating a business like the Debtors. 

17. At no time did the Pozo Family conducted due diligence concerning Garcia’s 

fitness to take over the Debtor’s business operations. 

18. Apart from being an inexperienced recent college graduate, as of the summer of 

2014, Garcia was the subject of a final judgment in excess of $1.4 million in the District Court 

proceeding styled Liquid Capital Exchange, Inc. v. Alvaro Rauseo et al., 13-CV-20864-Williams 

(D. S.D. Fla.). 

19. The Sale Transaction was structured whereby Garcia would acquire ownership of 

the Debtor in consideration for Garcia causing Debtor to satisfy, at closing, all outstanding 

claims against the Debtor upon which the Pozo Family had issued guarantees of payment. 

20. In furtherance of the Sale Transaction, the Pozo Family installed Garcia as an 

officer and director of the Debtor shortly after executing the sale contract in August, 2014. 

21. Thereafter, Garcia opened new bank accounts for the Debtor and began solicited 

loans from various third parties under false pretenses. 

22. In particular, Garcia promised investors that the proceeds of the loans would be 

used to open new locations for the Debtor’s business. 

23. In return, Garcia promised investors a percentage of the net operating income 

from the new facility and annual interest on their loans to the Debtor. 

24. However, notwithstanding these promises, Garcia caused Debtor to use the 

proceeds of the investor loans to: (a) fund the guaranteed obligations at closing on the Sale 

Case 20-01068-LMI Doc 1 Filed 02/03/20 Page 4 of 20
Transaction on June 30, 2015; (b) pay the expenses of the Non-Debtor Entities and other nondebtor entities; and (c) pay the expenses of Garcia, his mother, Arlene Garcia, and the expenses 

of Ms. Garcia’s companies. 

25. Debtor honored none of the obligations due investors. 

26. At all relevant times, Debtor (i) did not generate operational revenue sufficient to 

pay their debts as those debts became due and (ii) were balance sheet insolvent. 

IV. THE TRANSFERS 

27. Trustee Dillworth has documentation that the Defendant received transfers 

totaling $212,380.98 in the four year period prior to the Petition Date (“Four-Year Transfers”), 

which also includes transfers made in the two-year period prior to the Petition Date (“Two-Year 

Transfers”) (the Two-Year Transfers and the Four-Year Transfers are collectively referred to as 

the “Transfers”), as further detailed in Exhibit A, that are avoidable and recoverable for the 

benefit of the bankruptcy estates. 

28. Trustee Dillworth is advised and believes that the Transfers were made to 

Defendant in violations of the parties’ contractual arrangements. 

29. Any conditions precedent to bringing this action have been performed, have 

occurred or have been waived. 

Case 20-01068-LMI Doc 1 Filed 02/03/20 Page 5 of 20
COUNT I 

AVOIDANCE OF FRAUDULENT 

TRANSFER PURSUANT TO BANKRUPTCY CODE § 548(a)(1)(A) 

30. Trustee Dillworth sues Defendant seeking to avoid the Transfers pursuant to 

sections 544 and 548(a)(1)(A) of the Bankruptcy Code. The allegations set forth in paragraphs 1 

through 29 are incorporated into Count I as if fully restated herein. 

31. MDPL made the Two-Year Transfers to Defendant within the two year period 

prior to the Petition Date. 

32. The Two-Year Transfers were a voluntary or involuntary transfer of an interest of 

MDPL in property. 

33. MDPL made the Two-Year Transfers to Defendant with the actual intent to 

hinder, delay or defraud an entity or individual to which or whom MDPL was or became, on or 

after the date that such Two-Year Transfers were made, indebted. 

WHEREFORE, Trustee Dillworth respectfully requests the Court to enter a judgment in 

favor of Trustee Dillworth and against Defendant as follows: 

A. Declaring the Two-Year Transfers to be a fraudulent transfer pursuant to 

Bankruptcy Code § 548(a)(1)(A); 

B. Avoiding the Two-Year Transfers as a fraudulent transfer pursuant to Bankruptcy 

Code § 548(a)(1)(A); 

C. Awarding to Trustee Dillworth, for the benefit of MPDL’s bankruptcy estate, preand post-judgment interest and costs; and 

D. Granting such other and further relief as may be equitable and just.

Case 20-01068-LMI Doc 1 Filed 02/03/20 Page 6 of 20
COUNT II 

AVOIDANCE OF FRAUDULENT 

TRANSFER PURSUANT TO BANKRUPTCY CODE § 548(a)(1)(B) 

 

34. Trustee Dillworth sues Defendant seeking to avoid the Transfers pursuant to 

sections 544 and 548(a)(1)(B) of the Bankruptcy Code. The allegations set forth in paragraphs 1 

through 29 are incorporated into Count II as if fully restated herein. 

35. MPDL made the Two-Year Transfers to Defendant within the two-year period 

prior to the Petition Date. 

36. The Two-Year Transfers were voluntary or involuntary transfers of an interest of 

MPDL in property. 

37. MPDL received less than reasonably equivalent value in exchange for the 

Transfers, and; 

a. MPDL was insolvent on the date that the transfer was made, or were rendered 

insolvent as a result of the Two-Year Transfers; 

b. MPDL was engaged in business or a transaction, or were about to engage in 

business or a transaction, for which any property remaining with MPDL was an 

unreasonably small capital; or 

c. MPDL intended to incur, or believed they would incur, debts that would be 

beyond their ability to pay as such debts matured. 

WHEREFORE, Trustee Dillworth respectfully requests the Court to enter a judgment in 

favor of Trustee Dillworth and against Defendant as follows: 

A. Declaring the Two-Year Transfers to be a fraudulent transfers pursuant to 

Bankruptcy Code § 548(a)(1)(B); 

B. Avoiding the Two-Year Transfers as a fraudulent transfers pursuant to 

Bankruptcy Code § 548(a)(1)(B); 

Case 20-01068-LMI Doc 1 Filed 02/03/20 Page 7 of 20
C. Awarding to Trustee Dillworth, for the benefit of MPDL’s bankruptcy estate, preand post-judgment interest and costs; and 

D. Granting such other and further relief as may be equitable and just. 

COUNT III 

AVOIDANCE OF FRAUDULENT TRANSFER PURSUANT TO 

 BANKRUPTCY CODE §544(b)(1) AND FLA. STAT. §§726.105(1)(A) AND 726.108(1)(A) 

38. Trustee Dillworth sues Defendant seeking to avoid the Transfers pursuant to 

section 544(b)(1) of the Bankruptcy Code and sections 726.105(1)(A) and 726.108(1)(A) of the 

Florida Statutes. The allegations set forth in paragraphs 1 through 29 are incorporated into 

Count III as if fully restated herein. 

39. MPDL made the Four-Year Transfers to Defendant within the four-year period 

prior to the Petition Date. 

40. The Four-Year Transfers were made with the actual intent to hinder, delay or 

defraud a creditor of MPDL. 

41. MPDL had at least one actual creditor as of the time of the Four-Year Transfers 

holding an unsecured claim which is allowable within the meaning of 11 U.S.C. § 544(b)(1), by 

whom the Four-Year Transfers were avoidable under applicable law, including Fla. Stat. §§ 

726.105(1)(a) and 726.108(1)(a). 

42. The Four-Year Transfers are avoidable pursuant to Bankruptcy Code § 544 and 

Fla. Stat. §§ 726.105(1)(a) and 726.108(1)(a). 

WHEREFORE, Trustee Dillworth respectfully requests the Court to enter a judgment in 

favor of Trustee Dillworth and against Defendant as follows: 

A. Declaring the Four-Year Transfers to be a fraudulent transfer pursuant to Fla. Stat. 

§ 726.105(1)(a); 

Case 20-01068-LMI Doc 1 Filed 02/03/20 Page 8 of 20
B. Avoiding the Four-Year Transfers as a fraudulent transfer pursuant to Fla. Stat. §§ 

726.105(1)(a) and 726.108(1)(a); 

C. Awarding to Trustee Dillworth, for the benefit of MPDL’s bankruptcy estate preand post-judgment interest and costs; and 

D. Granting such other and further relief as may be equitable and just.

COUNT IV 

 AVOIDANCE OF FRAUDULENT TRANSFER PURSUANT TO 

BANKRUPTCY CODE § 544(b)(1) AND FLA. STAT. §§ 726.105(1)(B) AND 726.108(1)(A) 

43. Trustee Dillworth sues Defendant seeking to avoid the Four-Year Transfers 

pursuant to section 544(b)(1) of the Bankruptcy Code and sections 726.105(1)(B) and 

726.108(1)(A) of the Florida Statutes. The allegations set forth in paragraphs 1 through 29 are 

incorporated into Count IV as if fully restated herein. 

44. MPDL made the Four-Year Transfers to Defendant within the four-year period 

prior to the Petition Date. 

45. MPDL received less than reasonably equivalent value in exchange for the FourYear Transfers; and 

a. MPDL was engaged or was about to engage in a business or a transaction for which 

the remaining assets of MPDL were unreasonably small in relation to its business or 

transaction; or 

b. MPDL intended to incur, or believed they would incur, debts that would be beyond 

MPDL’s ability to pay as they became due. 

46. MPDL had at least one actual creditor as of the time of the Four-Year Transfers 

holding an unsecured claim which is allowable within the meaning of 11 U.S.C. § 544(b)(1), by 

whom the Four-Year Transfers was avoidable under applicable law, including Fla. Stat. §§ 

726.105(1)(b) and 726.108(1)(a). 

Case 20-01068-LMI Doc 1 Filed 02/03/20 Page 9 of 20
47. The Four-Year Transfers are avoidable under Bankruptcy Code § 544 and Fla. 

Stat. § 726.105(1)(b) and 726.108(1)(a). 

WHEREFORE, Trustee Dillworth respectfully requests the Court to enter a judgment in 

favor of Trustee Dillworth and against Defendant as follows: 

 A. Declaring the Four-Year Transfers to be a fraudulent transfer pursuant to Fla. Stat. 

§ 726.105(1)(b); 

 B. Avoiding the Four-Year Transfers as a fraudulent transfer pursuant to Fla. Stat. §§ 

726.105(1)(b) and 726.108(1)(a); 

C. Awarding to Trustee Dillworth, for the benefit of MPDL’s bankruptcy estate preand post-judgment interest and costs; and 

 D. Granting such other and further relief as may be equitable and just.

COUNT V 

AVOIDANCE OF FRAUDULENT TRANSFERS PURSUANT TO 

BANKRUPTCY CODE § 544(b)(1) AND FLA. STAT. §§ 726.106(1) AND 726.108(1)(A) 

48. Trustee Dillworth sues Defendant seeking to avoid the Transfers pursuant to 

section 544(b)(1) of the Bankruptcy Code and sections 726.106(1) and 726.108(1)(A) of the 

Florida Statutes. The allegations set forth in paragraphs 1 through 29 are incorporated into 

Count V as if fully restated herein. 

49. MPDL made the Four-Year Transfers to Defendant within the four year period 

prior to the Petition Date. 

50. MPDL made the Four-Year Transfers without receiving reasonably equivalent 

value in exchange. 

51. MPDL was insolvent at the time of the Four-Year Transfers or became insolvent 

as a result of the Transfers. 

Case 20-01068-LMI Doc 1 Filed 02/03/20 Page 10 of 20
52. MPDL had at least one actual creditor as of the time of the Four-Year Transfers 

holding an unsecured claim which is allowable within the meaning of 11 U.S.C. § 544(b)(1), by 

whom the Four-Year Transfers was avoidable under applicable law, including Fla. Stat. §§ 

726.106(1) and 726.108(1)(a). 

53. The Four-Year Transfers are avoidable under Bankruptcy Code § 544 and Fla. 

Stat. §§ 726.106(1) and 726.108(1)(a). 

WHEREFORE, Trustee Dillworth respectfully requests the Court to enter a judgment in 

favor of Trustee Dillworth and against Defendant as follows: 

 A. Declaring the Four-Year Transfers to be fraudulent transfers pursuant to Fla. Stat. 

§ 726.106(1); 

 B. Avoiding the Four-Year Transfers as fraudulent transfer pursuant to Bankruptcy 

Fla. Stat. § 726.106(1) and 726.108(1)(a); 

C. Awarding to Trustee Dillworth, for the benefit of MPDL’s bankruptcy estate preand post-judgment interest and costs; and 

 D. Granting such other and further relief as may be just and proper. 

COUNT VI 

RECOVERY OF THE TRANSFERS PURSUANT TO BANKRUPTCY CODE § 550 

54. Trustee Dillworth sues Defendant seeking to recover the Transfers pursuant to 

section 550 of the Bankruptcy Code. The allegations set forth in paragraphs 1 through 29 are 

incorporated into Count VI as if fully restated herein. 

55. The Transfers are avoidable pursuant to Bankruptcy Code §§ 544 and 548, and 

Fla. Stat. §§ 726.105(1)(a), 726.105(1)(b) and/or 726.106(1) and § 726.108(1)(a). 

56. Defendant was the initial transferee or entity for whose benefit the Transfers were 

made under Bankruptcy Code § 550(a)(1). 

Case 20-01068-LMI Doc 1 Filed 02/03/20 Page 11 of 20
57. The Transfers, or the value of the Transfers, is recoverable by Trustee Dillworth, 

for the benefit of MPDL’s bankruptcy estate, from Defendant pursuant to section 550 of the 

Bankruptcy Code. 

WHEREFORE, Trustee Dillworth respectfully requests the Court to enter a judgment in 

favor of Trustee Dillworth and against Defendant as follows: 

A. Declaring Defendant the initial transferee or entity for whose benefit the Transfers 

were made under Bankruptcy Code § 550(a)(1); 

B. Directing Defendant to turn over to Trustee Dillworth, for the benefit of MPDL’s 

bankruptcy estate, the Transfers or the value of the Transfers, or awarding Trustee Dillworth, for 

the benefit of MPDL’s bankruptcy estate, money damages against Defendant in the amount of 

the Transfers, plus pre-and post-judgment interest and costs; and 

C. Granting such other and further relief as may be equitable and just. 

Respectfully submitted, 

 /s/ Kristopher E. Pearson, Esq. 

Kristopher E. Pearson 

Florida Bar No. 0016874 

kpearson@stearnsweaver.com

STEARNS WEAVER MILLER 

WEISSLER ALHADEFF & SITTERSON, P.A. 

Museum Tower, Suite 2200 

150 West Flagler Street 

Miami, Florida 33130 

Telephone: (305) 789-3200 

Facsimile: (305) 789-2688 

 COUNSEL FOR TRUSTEE DILLWORTH

Case 20-01068-LMI Doc 1 Filed 02/03/20 Page 12 of 20
EXHIBIT A 

Case 20-01068-LMI Doc 1 Filed 02/03/20 Page 13 of 20
STMNNS WMVTN MILLER

WTISSLEN ATHADETT & SITTTRSON, p.n.

Drew M. Dillworth

l50 West Flogler Streel, Suite 2200

Miomi, FL 33130

Direcl: (305) 789-3598

Fox: (305) 789-3395

Emoil : ddillworih@sleornsweover.com

JuIy 16,2019

Golden Pear Funding

c/o President

525 Washington Blvd.

Suite 2015

Jersey City, NJ 07310

Golden Pear Funding

c/o President

520 8th Avenue

Suite 1001

NewYork,NewYork 10018

Re MP Diagnostics, Inc., 1 8-14850-LMI

MP Diagnostics, Ltd., I 8-1 1342-LMI

To Whom It May Concern:

The above-referenced companies filed voluntary chapter 11 bankruptcy proceedings in

the Southem District of Florida on January 12, 2018, and February 4, 2018, respectively.

Thereafter the cases were consolidated for administative purposes and converted to chapter 7 on

March 15, 2018. Our client is the duly appointed, qualified, and acting chapter 7 bankruptcy

trustee administering the jointly administered estate.

The purpose of this letter is to inquire about a payments that debtors made to your

company in the total amount of $212.380.98 as follows:

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MIAMI FORT LAUDERDALE ' TAMPA ' TALLAHASSEE

Case 20-01068-LMI Doc 1 Filed 02/03/20 Page 14 of 20
July 16,2019

Page2

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STEARNS WT.EVTR MILLER WE ISSLER ALHADEFF & S ITTTRSON, P.N.

Case 20-01068-LMI Doc 1 Filed 02/03/20 Page 15 of 20
July 16,2019

Page 3

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STEARNS WEAVER MI ITT N WE ISSLE R ALHADEFF & SITTTRSON, p.n

Case 20-01068-LMI Doc 1 Filed 02/03/20 Page 16 of 20
July 16,2019

Page 4

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1,472.73

1,472.73

1,472.73

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1,472.73

STEARNS WEAVER MII-TENWTISSLER ATNAPTTT & SITTIRSON, rrn.

Case 20-01068-LMI Doc 1 Filed 02/03/20 Page 17 of 20
July 16,2019

Page 5

08/05/16

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Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

l22l Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

Golden Pear Funding

STERRNS WEAVER MIITTNWEISSLERALHADEFF & SITTTRSON. NE'

Case 20-01068-LMI Doc 1 Filed 02/03/20 Page 18 of 20
July 16,2019

Page 6

t0lt4lt6

t\ll7l16

10lt8lt6

Golden Pear Funding 1,472.73

Golden Pear Funding 1,472.73

Golden Pear Funding 299.70

Golden Pear Funding Total 212,380.98

We can find no documentation in the debtors' records that show the benefit received in exchange

for the payments listed above.

Based upon the information available to us, together with our understanding of the

nature of the financial affairs of the debtors during the applicable time period, it appears that

these transfers may be avoidable and recoverable under I I U.S.C. $$ 544, 547, 548, and/or 550.

Notwithstanding the foregoing, we understand that the debtors' records may not be

complete. Therefore, we are interested in receiving any documents that support any defense you

miglit have in the matter, such as contracts, invoices, agreements, payments, loans, or other

evi-dence of indebtedness to yoru company for the applicable time-period. We would need to

receive the documents explanation for these transfers and any related transactions from you on or

before August 30,2019. We are requesting a documented explanation so that we can more fully

evaluate the potential claims and any applicable defenses before commencing formal litigation.

Please contact me should you have any questions or Thank you.

M. DILLWORTH

#7555219 vl

Srre.nsS WEAVER MI LLE R WE ISSLE R ALHADEFF & S ITTI RS ON' I.8..

Case 20-01068-LMI Doc 1 Filed 02/03/20 Page 19 of 20
#8136774 v1 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

www.flsb.uscourts.gov 

In re: Chapter 7 

MP DIAGNOSTICS, INC., Case No.: 18-10450 -LMI 

MP DIAGNOSTICS, LTD., Jointly Administered 

 Debtors. 

______________________________________/ 

DREW M. DILLWORTH, as Chapter 7 

Trustee, 

 Plaintiff, 

v. 

GOLDEN PEAR FUNDING, LLC, a New 

York limited liability company, 

 Defendant. 

 / 

 

Adv. Pro. No. ___________ 

STATEMENT OF TRUSTEE DILLWORTH 

 I DREW M. DILLWORTH, ESQ., pursuant to 28 U.S.C. § 1746(2), under penalty of 

perjury and swear, as counsel to the Plaintiff/Chapter 7 Trustee, that at present, there are no 

available monies in the chapter 7 estate with which to pay the adversary filing fee in this matter. 

 However, upon recovery of free and clear funds said filing fee shall be paid over to the 

Clerk of this Court in this matter. 

 FURTHER AFFIANT SAYETH NAUGHT. 

Dated: February 3, 2020. 

/s/ Drew M. Dillworth 

Drew M. Dillworth, FBN 0167835 

ddillworth@stearnsweaver.com 

 

Case 20-01068-LMI Doc 1 Filed 02/03/20 Page 20 of 20