UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

In re: CASE NO: 21-11790-BKC-AJC

 Chapter 7

XIMELL LUCIA GUTIERREZ 

SSN: XXX-XX-3827

 Debtor. / 

TRUSTEE’S MOTION TO COMPEL 

TURNOVER OF NON-EXEMPT PROPERTY

Joel L. Tabas, as Chapter 7 Trustee of the Bankruptcy Estate of Ximell Lucia Gutierrez

(the “Trustee”), through counsel and pursuant to 11 U.S.C. §§ 541 and 542 of the Bankruptcy 

Code, files this Motion to Compel Debtor to Turnover Non-Exempt Property (the “Motion”), 

and in support thereof, states as follows:

1. This case commenced with the filing of a voluntary Chapter 7 Petition by the 

Debtor, Ximell Lucia Gutierrez on February 25, 2021. Joel L. Tabas is the duly appointed 

Chapter 7 Trustee.

2. The Debtor’s Schedule “B” lists a variety of personal property including, but not 

limited to, (a) 2008 Honda Civic SI with a scheduled value of $3,500.00 (the “Honda”); (b) 

2014 Honda Accord with a scheduled value of $0.00 and an NADA retail value of $14,075.001

(the “Accord”); (c) 2018 Lexus IS with a scheduled value of $29,550.002; (d) a Bob-Cat Mower 

Model 942297 with an Unknown scheduled value (the “Bobcat”); (e) various household 

goods, furnishings and electronics with a collective scheduled value of $1,479.993(the 

“HHG”); (f) various clothing with a scheduled value of $240.00 (the “Clothing”); (g) various 

1 The Debtor asserts “bare legal title interest of the vehicle.”

2 The Debtor owns the vehicle jointly with a third party. There is a lien on this vehicle in the 

amount of $27,088.00. 

3 There is a lien on the HHG in the amount of $1,063.32.

Case 21-11790-AJC Doc 38 Filed 07/12/21 Page 1 of 3
CASE NO. 21-11790-BKC-AJC

2

jewelry with a scheduled value of $45.00 (the “Jewelry”); (h) cash with a scheduled value of 

$134.89 (the “Cash”); (i) Regions checking account #2238 with a scheduled value of $388.84 

(the “Regions Account”); (j) a Capital One bank account ending in #7015 (the “Capital One 

Account”). Items (a) through (j) shall collectively be referred to as the “Scheduled Property.” 

In addition, the Debtor may receive a Federal Income Tax Refund for the period through the 

Petition Date (the “Refund”). The Scheduled Property and the Refund shall be collectively 

referred to as the (“Property”).

3. The Debtor claimed a portion of the Property as exempt.

4. Based on a review of the documents provided and other salient information, 

the Trustee asserts that a portion of the Property may be undervalued.

5. The Debtor disputes certain aspects of the Trustee’s analysis.

6. The Trustee has been attempting to negotiate a global settlement with the 

Debtor for the valuation and repurchase of their non-exempt interest in the Scheduled 

Personal Property.

7. The Debtor has been unresponsive to the Trustee’s proposal.

8. The Debtor’s non-exempt interest in the Property is property of the estate 

pursuant to 11 U.S.C. §541 and subject to turnover.

9. The Debtor’s failure to either: (a) repurchase her non-exempt interest in the 

Property; or (b) turn over her non-exempt interest in the Property to the Trustee is prejudicing 

the Trustee’s administration of this Estate. 

10. Accordingly, the Trustee seeks entry of an order compelling the Debtor to 

either: (a) immediately enter into a stipulation with the Trustee for the valuation and 

repurchase her non-exempt interest in the Property; or (b) immediately turn over the nonexempt portion of the Property to the Trustee. 

Case 21-11790-AJC Doc 38 Filed 07/12/21 Page 2 of 3
CASE NO. 21-11790-BKC-AJC

3

WHEREFORE, Joel L. Tabas, as Chapter 7 Trustee of the Bankruptcy Estate of Ximell 

Lucia Gutierrez, respectfully requests this Honorable Court enter an Order: (1) granting the 

instant Motion; (2) directing the Debtor to either: (a) immediately enter into a stipulation with 

the Trustee for the valuation and repurchase her non-exempt interest in the Property; or (b) 

immediately turn over the non-exempt portion of the Property to the Trustee; and (3) granting 

such other and further relief as this Court deems just and proper.

CERTIFICATE OF SERVICE

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

July 12, 2021, to the parties who are currently on the list to receive e-mail notice/service for 

this case, and via U.S. Mail to the following:

Ximell Lucia Gutierrez

4050 NW 135 St., # 9-16 

Opa Locka, FL 33054

Respectfully submitted,

/s/ Joel L. Tabas

Joel L. Tabas

Florida Bar No. 516902

Tabas & Soloff, P.A.

Attorneys for the Chapter 7 Trustee

Ingraham Building

25 SE 2nd Ave, Suite 248 

Miami, FL 33131

Telephone: (305) 375-8171

Facsimile: (305) 381-7708

Email: jtabas@tabassoloff.com

Case 21-11790-AJC Doc 38 Filed 07/12/21 Page 3 of 3