UNITED STATES BANKRUPTCY COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

(MIAMI, DIVISION)

In re: : CASE NO.: 21-20546-AJC

:

GINA E. HICKEY, : CHAPTER 7

:

Debtor. :

____________________________________/

TRUSTEE’S MOTION TO COMPEL THE DEBTOR TO COMPLY WITH SUBPOENA

DUCES TECUM AND FOR SANCTIONS

COMES NOW, Maria Yip, as the Chapter 7 Trustee of the case captioned above and files

this Motion to Compel the Debtor to Comply with Subpoena Duces Tecum and for Sanctions

(the “Motion”), and in support thereof would state as follows:

1. The Debtor filed a voluntary petition under Chapter 7 of the Bankruptcy Code on

November 2, 2021 (the “Petition Date”). 

2. The §341 Meeting of Creditors was held and concluded on February 1, 2022 (the

“§341 Meeting of Creditors”).

3. On February 8, 2022, the Trustee filed a Notice of Rule 2004 Examination Duces

Tecum of the Debtor [D.E. 35]. The Trustee properly served a subpoena upon the Debtor in 

accordance with the Federal Rules of Bankruptcy Procedure (the “Debtor’s Subpoena”). A copy 

of the Trustee’s Notice of Rule 2004 Examination Duces Tecum and corresponding request for 

production is attached herein as Exhibit 1. 

4. The Debtor appeared on February 23, 2022 for the Rule 2004 Examination (the

“Debtor’s Rule 2004 Examination”). However, the Debtor failed to produce all the documents 

responsive to the Subpoena. Specifically, the Debtor only produced statements for her JP 

Morgan Chase Bank Checking Account #-5953 (the “Debtor’s Bank Account”) and her personal 

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tax returns. In other words, the Debtor did not provide any documents in addition to the 

documents debtors regularly produce prior to their §341 Meeting of Creditors. 

5. As of the date of filing this motion, the Debtor has failed to produce any 

additional documents responsive to the Subpoena. Furthermore, the Debtor has failed to file a 

formal response to the Subpoena. 

6. On March 17, 2022, the Trustee filed a Notice of Rule 2004 Examination Duces 

Tecum of Michael T. Hickey (the Debtor’s ex-husband and business partner) [D.E. 38]. The 

Trustee properly served a subpoena upon Michael T. Hickey in accordance with the Federal 

Rules of Bankruptcy Procedure. 

7. Michael T. Hickey appeared on April 12, 2022 for the Rule 2004 Examination

(the “M. Hickey’s Rule 2004 Examination”). Michael T. Hickey failed to provide any 

documents responsive to his subpoena. 

The Business and Debtor’s Failure to Produce Documents

8. The Debtor and Michael T. Hickey co-owned and operated the business Haqshaq, 

LLC (the “Business”) as an after-care program. The Business is still active pursuant to the 

Florida public records and the Debtor is the Business’s sole authorized representative. As 

reflected in Exhibit 1 the Trustee requested documents regarding the Business including but not 

limited to statements for any bank accounts the Business had. 

9. At her Rule 2004 Examination the Debtor testified that she has not been affiliated

with the Business for years and that she signed a letter of agreement transferring her interest to 

Michel T Hickey (the Debtor has failed to produce the letter of agreement) and that she was not 

in possession of any of the documents related to the Business. 

10. At his Rule 2004 Examination, Michael T. Hickey testified that the Business had 

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a bank account at JP Morgan Chase Bank, that the Debtor was an authorized signor for the

account and that no steps were taken to remove the Debtor from the account.

11. The Debtor and Michael T. Hickey have not produced any bank statements for 

Business bank account. The Debtor and Michael T. Hickey testified that the Business account 

has been closed for years. However, based on a review of the Debtor’s Bank Account which 

shows transfers to and from what appears to be the Business bank account, the Business bank 

account was open until late 2021. The Business account may be still be open, however the 

Debtor and Michael T. Hickey refuse to confirm the status of the account and refused to produce 

the bank statements for the Business bank account. Furthermore, the Debtor failed to disclose the 

Business bank account in her Schedules and Statement of Financial Affairs. 

12. The Debtor transferred $36,450.00 to Michael T. Hickey from February 12, 2020 

to July 28, 2021. The Debtor has failed to produce any documents that would justify the 

transfers. 

13. The documents requested by the Trustee are relevant to the key issues in this case, 

and are necessary for the Trustee to ascertain the Debtor’s assets, financial condition or business 

transactions. The Trustee cannot evaluate the Debtor’s claimed exemptions or whether discharge 

is appropriate in this case without these documents. Furthermore, the Trustee cannot discharge 

her duties without said documents. 

14. The Trustee is requesting an Order of this Court compelling the Debtor to respond 

to the Trustee’s Subpoena, provide the requested documents, and file a formal response to the 

Subpoena within five (5) days of the entry of an order granting this Motion. Federal Rule of Civil 

Procedure 37(a)(3)(B)(iv) and (a)(4), as made applicable by Bankruptcy Rule 7037, empowers a 

party to move to compel any other party to produce documents.

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15. The Trustee also requests that the Court assess $1,000.00 in sanctions against the 

Debtor for the reasonable attorney’s fees and costs that the Debtor is requiring the Estate to incur 

merely to obtain the Debtor’s compliance with her obligations under the Bankruptcy Code. 

Specifically, the Trustee has been requesting the documents since February 8, 2022, when the 

Subpoena was served upon the Debtor. The Trustee seeks such sanctions pursuant to 11 U.S.C. 

§105, as well as the inherent jurisdiction and power of the Court.

WHEREFORE, Maria Yip, Trustee requests for the entry of an Order: (i) GRANTING 

the instant Motion; (ii) compelling the Debtor to comply with the Trustee’s Subpoena duces 

tecum by providing the documents requested in the enclosed Exhibit 1 within five (5) days of the 

date of any Order granting this Motion; (iii) ordering that the Court award $1,000.00 in 

attorney’s fees and costs against the Debtor for necessitating the filing of this Motion pursuant to 

11 U.S.C. §105 and the inherent jurisdiction of the Court; (iv) Ordering the Debtor to file a 

formal response to the Trustee’s Subpoena Duces Tecum; and (v) any such additional relief as 

this Court deems Just and Proper.

Dated: April 14, 2022. 

ROBERT A. ANGUEIRA, P.A.

16 S.W. 1st Avenue 

Miami, Florida 33130

Tel. (305) 263-3328

e-mail robert@rabankruptcy.com 

By /s/ Robert A. Angueira

 ROBERT A. ANGUEIRA, ESQ.

 Florida Bar No. 0833241

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CERTIFICATE OF SERVICE

I CERTIFY that a true and correct copy of the foregoing was served by U.S. mail on this 

14

th day of April, 2022, to the Debtor. 

I CERTIFY that a true and correct copy of the foregoing was served via the Notice of 

Electronic Filing on this 14

th day of April, 2022, to:

• Robert A Angueira rangueir@bellsouth.net, 

yanay@rabankruptcy.com;lillian@rabankruptcy.com;richard@rabankruptcy.com

• Robert A Angueira robert@rabankruptcy.com, 

yanay@rabankruptcy.com;lillian@rabankruptcy.com;richard@rabankruptcy.com

• Don D. G. James donjamespa@aol.com

• Office of the US Trustee USTPRegion21.MM.ECF@usdoj.gov

• Maria Yip trustee@yipcpa.com, 

mmy@trustesolutions.net;cmmy11@trustesolutions.net

ROBERT A. ANGUEIRA, P.A.

16 S.W. 1st Avenue 

Miami, Florida 33130

Tel. (305) 263-3328

e-mail robert@rabankruptcy.com 

By /s/ Robert A. Angueira

 ROBERT A. ANGUEIRA, ESQ.

 Florida Bar No. 0833241

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