UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

www.flsb.uscourts.gov

In re: 

Case No. 19-23181-RAM

SANDRA ROJAS,

 Chapter 7

Debtor.

________________________________/

LGN INTERNATIONAL, LLC

Plaintiff, Adv. No._________________

vs.

SANDRA ROJAS, 

Defendant.

________________________________/

COMPLAINT

Creditor, LGN International, LLC (“Plaintiff”), through its undersigned counsel, sues 

Defendant, Sandra Rojas (“Defendant”), as follows:

PARTIES, JURISDICTION AND VENUE

1. The Court has jurisdiction in this proceeding pursuant to 28 U.S.C. §1334(b),

§157(b)(2)(I) and 11 U.S.C. §523(c), and Admin. Order 2012-25 of the United States District 

Court for the Southern District of Florida, referring bankruptcy matters to this court. 

2. This is a core proceeding.

2. Plaintiff is a creditor in this case.

3. Defendant is the debtor in this chapter 7 case and therefore venue is proper.

4. Debtor filed her chapter 7 petition on October 31, 2019 (the “Petition Date”).

5. Plaintiff is listed in Bankruptcy Schedule F as a creditor of Debtor holding an 

unsecured claim in the amount of $798,154.00 [Main Case ECF No. 8, page 22 of 50].

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6. On December 9, 2019, Plaintiff filed and served its original Notice of Taking Rule 

2004 Examination Duces Tecum on the Debtor scheduling the examination for December 29, 2019 

(the “First Examination Notice”) [Main Case ECF No. 24] and requesting documents be produced 

by December 20, 2019 (the “First Production Notice”) [Main Case ECF No. 25].

7. The Rule 2004 examination did not go forward on December 29, 2019 pursuant to 

the First Examination Notice nor did the Debtor produce any documents in response to the First 

Production Notice.

8. Plaintiff then re-noticed the Debtor’s Rule 2004 Examination for January 30, 2020 

[Main Case ECF No. 40], but this examination did not go forward on that date either [Main Case 

ECF No. 41].

9. Thereafter, Plaintiff filed and served its Second Re-Notice of Taking Rule 2004 

Examination Duces Tecum on the Debtor scheduling the examination for February 24, 2010 and 

requesting documents be produced by February 21, 2020 (the “Final Notice”) [Main Case ECF 

No. 49].

10. Debtor failed to produce any documents in response to the Final Notice prior to or 

at her examination, with the exception of her drivers’ license.

11. The only documents that were produced by the Debtor consist of her 2017 and 2018 

tax returns (despite being asked to produce her last 5 filed tax returns):

12. Debtor failed to produce any documents responsive to the following requests and 

testified that at her examination that either the documents do not exist or they were destroyed:

a. Copies of the account statements for all accounts listed in Your Bankruptcy 

Schedule F.

b. An itemized schedule of all real property which You have owned, directly or 

indirectly, or had an ownership interest, or beneficial interest, in the six (6) year 

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period up to and including the Petition Date, detailing the property address, the 

legal description, and Your interest therein.

c. For all properties described in Paragraph 3, copies of all documents reflecting Your 

ownership interest in said real property, including but not limited to deeds, sales 

contracts and mortgages and closing statements.

d. For all properties described in Paragraph 3 that were sold or transferred, either by 

You or to You, or by or to an entity in which you have or had any type of legal or 

beneficial interest or by or to any individual, before the Petition Date, an itemized 

schedule detailing when the real property was transferred or sold, contact 

information for the transferee, and the amount received for the transfer or sale and 

copies of all documents evidencing the transfer of the real property including deeds 

and sales contracts.

e. For all properties described in Paragraph 3, copies of all account statements 

reflecting the current loan balance of any and all mortgages or other liens secured 

by these properties, including by not limited to financial statements prepared by 

You or on Your behalf that were submitted and any other financial statements 

produced to mortgage holders.

f. For all properties described in Paragraph 3, copies of any or all insurance policies 

and/or binders covering the last four years up to and including the Petition Date.

g. All documents relating to or evidencing any and all contributions to any retirement 

plans during the four (4) years prior to the Petition Date thought the present.

h. Copies of any Documents that relate to any checking, savings, or other financial 

accounts; certificates of deposits; shares in credit unions, brokerage houses, and 

other similar institutions over which You have had signature authority (including, 

but not limited to, copies of statements, items, memoranda, evidence of wire 

transfers, debits, credits and cashier’s checks, and as to any checks of any kind, 

copies of the front and back) from and after October 1, 2015 to the present.

i. Copies of Your entire passport – all pages - not just the page with Your picture on 

it.

j. All insurance binders on any insurance policy obtained on Your personal property 

for the last four (4) years up to and including the Petition Date.

k. Credit card statements for each and every credit card in which You are listed as a 

signatory for the last four (4) years up to and including the Petition Date.

l. All charge account statements for every charge account listed on Schedule F of 

Your Petition for the last four (4) years up to and including the Petition Date.

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m. All account statements for every line of credit listed on Schedule F of Your Petition 

for the last four (4) years up to and including the Petition Date.

n. All financial statements, inventories, and schedules reflecting Your assets, 

liabilities, income and net worth, whether prepared by You or on Your behalf, for 

the last four (4) years up to and including the Petition Date.

o. All documents referring to, regarding, or reflecting the nature of the goods or 

services purchased or obtained with the credit cards and credit line debts incurred 

by You, including receipts, bills, checks, invoices, and any other documents 

identifying the goods or services purchased.

p. Any and all documents in Your possession or obtainable by You that relate to any 

business in which You have or had an interest for the four (4) year period up to and 

including the Petition Date.

q. Tax returns, financial statements, general ledgers, accounts receivable and payable 

reports for any business in which You have or had an interest for the four (4) year 

period up to and including the Petition Date.

r. A schedule of all personal property owned by You or in which You have had an 

interest of any kind (whether legal or beneficial or a combination thereof) at any 

time for the (4) years up to and including the Petition Date.

s. Copies or any rent rolls for any real property owned by You (either individually or 

with any other individual or entity) during the four (4) years prior to the Petition 

Date thought the present.

t. Copies of any leases for any real property owned by You (either individually or 

with any other individual or entity) during the four (4) years prior to the Petition 

Date thought the present.

u. Copies of any communications with any tenant(s) or lessee(s) of any real property 

owned by You (either individually or with any other individual or entity) during 

the four (4) years prior to the Petition Date thought the present.

v. All documents relating to Your transfer of any personal property to any family 

member of Yours during the four years prior to the Petition Date.

w. All documents relating to Your transfer of any personal property to an Insider as 

that term is defined in 11 U.S.C. § 101(31)(A) during the four years prior to the 

Petition Date.

x. All documents relating to Your transfer of any real property to an Insider as that 

term is defined in 11 U.S.C. § 101(31)(A) during the four years prior to the Petition 

Date.

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y. All documents relating to the businesses listed in item 27 of Your Statement of 

Financial Affairs.

z. All documents relating to any source of Your Income for the past four (4) years.

aa. All documents relating to any transfers, other than property transferred within the 

ordinary course Your financial affairs during the four (4) year period up to and 

including the Petition Date.

bb. Any and all Documents produced to the Chapter 7 trustee in this matter.

cc. Every personal financial statement that You prepared, delivered, or had delivered, 

to any person or entity at any time from and after October 1, 2015 to the present.

dd. Your personal income tax returns (U.S. and international) for the last five (5) years, 

including W-2 forms and 1099, as well as tangible and intangible property tax 

returns for the last five (5) years. 

ee. Your W-2 and/or 1099 forms and any other documents showing Your income for 

2019.

ff. Copies of any Documents that relate to any bank accounts not listed in Your 

Schedule B over which You have had signature authority (including, but not limited 

to, copies of statements, items, memoranda, evidence of wire transfers, debits, 

credits and cashier’s checks, and as to any checks of any kind, copies of the front 

and back) from and after October 1, 2015 to the present.

gg. Color photographs and an itemized schedule of all of Your household goods and 

furnishings.

hh. Color photographs and an itemized schedule of all personal property of Yours.

ii. All insurance binders on any insurance policy obtained on Your personal property 

for the last four (4) years up to and including the Petition Date.

jj. Any and all documents related to any vehicle(s) that You have used in the past four 

(4) years including but not limited to the vehicle(s) which you drive regularly or 

have driven regularly (more than 3 times a week), which establish the year, make 

and model of the vehicle(s), including but not limited to the title, registration, proof 

of insurance, loan statements and payoff amount for said vehicle loan, if any, as of 

the Petition Date and as of the date of Your 2004 Examination.

kk. Documentation reflecting or relating to your ownership in any other vehicle, for the 

four (4) year period leading up to and including the Petition Date.

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ll. A schedule of all personal property owned by You or in which You have had an 

interest of any kind (whether legal or beneficial or a combination thereof) at any 

time for the two year (2) year period up to and including the Petition Date.

COUNT II

[Objection to Discharge Pursuant to 11 U.S.C. § 727(a)(3)]

13. All allegations in paragraphs 1 through 12 are incorporated by reference in this 

count.

14. Debtor has failed to keep or preserve any recorded information, documents, records 

or papers, from which the Debtor’s business transactions might be ascertained.

15. Debtor’s failure to keep or preserve any recorded information, documents, records 

or papers was not justified under all of the circumstances of the case.

16. Accordingly, Debtor should be denied her discharge pursuant to 11 U.S.C. § 

727(a)(3).

WHEREFORE, Plaintiff seeks judgment in its favor and against Debtor, denying 

Debtor’s discharge pursuant to 11 U.S.C. § 727(a)(3), for costs of suit and for such other and 

further relief as the Court deems just and proper.

Dated: March 16, 2020 Respectfully Submitted,

LAW OFFICE OF MARK S. ROHER, P.A.

Counsel for Plaintiff

150 S. Pine Island Road, Suite 300

Fort Lauderdale, Florida 33314

Email: mroher@markroherlaw.com

Telephone: (954) 353-2200

Facsimile: (877) 654-0090

By: /s/ Mark S. Roher

Mark S. Roher

Florida Bar No. 178098

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