TABAS & SOLOFF, P.A. · INGRAHAM BUILDING, 25 SOUTHEAST SECOND AVENUE, SUITE 248, MIAMI, FLORIDA 33131 ∙ (305) 375-8171

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

In re: CASE NO.: 20-17609-BKC-AJC

Chapter 7

RAPHAELLA MARIE KOLBJORNS

FERNANDEZ

SSN: XXX-XX-1097

SERGIO L. FERNANDEZ

SSN: XXX-XX-5037

Debtors. /

NOTICE OF TAKING RULE 2004 EXAMINATION DUCES TECUM

TO: Raphaella Marie Kolbjorns Fernandez 

c/o Alyx Cassel

6586 Hypoluxo Road, Suite 350 

Lake Worth, FL 33467

PLEASE TAKE NOTICE that the undersigned attorney will take the Rule 2004 

Examination of:

NAME: Raphaella Marie Kolbjorns Fernandez 

DATE: September 29, 2020

TIME: 10:00 a.m.

PLACE: Tabas & Soloff, P.A.

Ingraham Building

25 SE 2nd Ave, Suite 248 

Miami, FL 33131

The examination may continue from day to day until completed. If the examinee 

receives this notice less than 14 days prior to the scheduled examination date, the 

examination will be rescheduled upon timely request to a mutually agreeable time.

The examination is pursuant to Bankruptcy Rule 2004 and Local Rule 2004-1, and will 

be taken before an officer authorized to record the testimony. The scope of the examination 

shall be as described in Bankruptcy Rule 2004. Pursuant to Local Rule 2004-1 no order shall 

be necessary.

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TABAS & SOLOFF, P.A. · INGRAHAM BUILDING, 25 SOUTHEAST SECOND AVENUE, SUITE 248, MIAMI, FLORIDA 33131 ∙ (305) 375-8171

The examinee is further requested to produce all of the documents listed on 

Schedule AA@ on or before September 24, 2020, by 5:00 p.m. to the address of the 

attorney listed below.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on September 15, 2020, a true and correct copy of the 

foregoing was served via electronic transmission to the parties who are currently on the list 

to receive e-mail notice/service for this case, and via U.S. Mail to:

Raphaella Marie Kolbjorns Fernandez

1950 W. 54 Street, Apt. 107 

Hialeah, FL 33012

Sergio L Fernandez

1950 W. 54 Street, Apt. 107 

Hialeah, FL 33012

Respectfully submitted,

/s/ Joel L. Tabas

Joel L. Tabas

Fla. Bar No. 516902

Tabas & Soloff, P.A.

Attorneys for Trustee, Joel L. Tabas

25 SE 2nd Ave, Suite 248 

Miami, FL 33131

Telephone: (305) 375-8171

Facsimile: (305) 381-7708

E-mail: jtabas@tabassoloff.com

INTERESTED PARTIES SHOULD CONTACT THE ATTORNEY FOR THE 

TRUSTEE IN ORDER TO CONFIRM THE DATE AND TIME OF THE DEPOSITION

EXAMINEE IS RESPONSIBLE FOR PROVIDING CERTIFIED TRANSLATOR IF NEEDED

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TABAS & SOLOFF, P.A. · INGRAHAM BUILDING, 25 SOUTHEAST SECOND AVENUE, SUITE 248, MIAMI, FLORIDA 33131 ∙ (305) 375-8171

SCHEDULE AA@

DEFINITIONS:

For purposes of responding to duces tecum request for deposition, the following 

definitions shall apply:

1. “Debtor," AYou@ or AYour@ means Raphaella Marie Kolbjorns Fernandez and 

Sergio L Fernandez and his/her agents, attorneys, accountants and representatives.

1. APetition Date@ means July 13, 2020.

2. APetition@ means the voluntary bankruptcy petition filed on July 13, 2020, which 

commenced this case.

3. "Document" or "documents" as used herein shall mean the original and any 

copy, regardless of its origin and location, of all writings of any kind whatsoever including, but 

not limited to, all abstracts, accounting journals, accounting ledgers, advertisements, 

affidavits, agendas, agreements or proposed agreements, analyses, appointment books, 

appraisals, articles of incorporation, balance sheets, bank checks, bank deposit or withdrawal 

slips, bank credit or debit memoranda, bank statements, blue prints, books, books of account, 

budgets, bulletins, bylaws, canceled checks, charts, checks, codes, communications, 

communications with government bodies, computer data or printouts, conferences, contracts, 

correspondence, data processing cards, data sheets, desk calendars, details, diagrams, 

diaries, disks or data compilations from which information can be obtained or translated, 

drafts, drawings, electromagnetic tapes, files, films, financial calculations, financial 

projections, financial statements, graphs, handwritten notes or comments however produced 

or reproduced, indexes, insertions, instructions, internal accounting records, interoffice 

communications, invoices, ledgers, letters, lists, logbooks, manuals, memoranda, microfilm, 

minutes of meetings, motion pictures, newspaper or magazine articles, networks, 

nonconforming copies which contain deletions, notations or records of meetings, notes, 

notices of wire transfer of funds, outlines, pamphlets, papers, passbooks, periodicals, 

photocopies, photographs, pictures, plans, preliminary drafts, press releases, proposals, 

publications, punch cards, raw and refined data, receipts, recommendations, records, records 

of conferences or conversations or meetings, records of payment, reports, resolutions, results 

of investigations, schedules, schematics, sepia, shipping papers, slides, specifications, 

speeches, statements of account, studies, summaries, surveys, tape recordings, tax returns, 

telegrams, telephone logs and records, telephone and other conversations or 

communications, teletypes, telexes, transcripts, transcripts of tape recordings, video tapes, 

voice records, vouchers, work papers, worksheets, written notations, and any and all digital 

or analog electronic files whether on- or off-site, including Adeleted@ files and file fragments, 

store in machine-readable format on magnetic, optical or other storage media, including the 

hard drives or floppy disks and their backup media (e.g., other hard drives, backup tapes, 

floppies, JAZ cartridges, CD-ROMS=s) or otherwise, whether such files have been reduced to 

paper printouts or not. This includes but is not limited to E-mails, both sent and received, 

whether internally or externally; all word-processed files, including drafts and revisions; all 

spreadsheets, including drafts and revisions; all databases; all CAD (computer aided design) 

files, including drafts and revision; all presentation data or slide shows produced by 

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TABAS & SOLOFF, P.A. · INGRAHAM BUILDING, 25 SOUTHEAST SECOND AVENUE, SUITE 248, MIAMI, FLORIDA 33131 ∙ (305) 375-8171

presentation software (such as Microsoft Power Point); all graphs, charts and other data 

produced by project management software (such as Microsoft Project); all data generated by 

calendaring, task management and Personal Information Management (PIM) software (such 

as Microsoft Outlook or Lotus Notes); all data created with the use of Personal Data 

Assistants (PDA=s), such as Palm Pilot, HP Jornada, Cassiopeia or other Windows CE-based 

or Pocket PC devices; all data created with the use of document management software; all 

data created with the use of paper and electronic mail logging and routing software; all 

Internet and Web-browser-generated history files, caches and Acookies@ files and all backup 

storage media, and any and all other papers similar to any of the foregoing. Any document 

containing thereon or attached thereto any alterations, comments, notes or other material not 

included in the copies or originals or referred to in the preceding definition shall be deemed a 

separate document within said definition. Any document shall include all exhibits, schedules 

or other writings affected by or referenced in any such document or other writings necessary 

to complete the information contained therein or make it not misleading.

4. "And" and "or" as used herein are terms of inclusion and not of exclusion, and 

shall be construed either disjunctively or conjunctively as necessary to bring within the scope 

of the request for production of documents any document or information that might otherwise 

be construed to be outside its scope.

5. AInterest@ as used herein includes, but is not limited to, a sole or aggregation of 

rights, privileges, and powers to hold, possess, control, influence, exclude, or benefit from. It 

includes any legally recognized right conferred upon an owner, shareholder, director, partner, 

limited partner, or by any other interest, legal or equitable, which allows the holder to control 

or otherwise influence or benefit from an entity or real or personal property.

6. "Any" means one or more.

7. "Describe," "discuss," "analyze," "describing," "discussion," or "analyzing," 

mean any document or otherwise that, in whole or in part, characterizes, delineates, 

explicates, deliberates, evaluates, appraises, assesses or provides a general explanation of 

the specified subject.

8. "Person" means any natural person, corporation, partnership, company, sole 

proprietorship, association, institute, joint venture, firm, governmental body, or other legal 

entity, whether privately or publicly owned or controlled, for profit or not-for-profit, or partially 

or fully government owned or controlled.

9. "Relate to" and "relating to" mean to make a statement about, refer to, discuss, 

describe, reflect, contain, comprise, identify, or in any way to pertain to, in whole or in part, or 

otherwise to be used, considered, or reviewed in any way in connection with, the specified 

subject. Thus, documents that "relate to" a subject also include those which were specifically 

rejected and those which were not relied or acted upon.

10. The singular form of a noun or pronoun shall be considered to include within 

its meaning the plural form of the noun or pronoun, and vice versa. The masculine form of a 

noun or pronoun shall be considered to include within its meaning the feminine form of the 

noun or pronoun, and vice versa.

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TABAS & SOLOFF, P.A. · INGRAHAM BUILDING, 25 SOUTHEAST SECOND AVENUE, SUITE 248, MIAMI, FLORIDA 33131 ∙ (305) 375-8171

11. Regardless of the tense employed, all verbs shall be read as applying to the 

past, present and future as is necessary to make any paragraph more, rather than less, 

inclusive.

12. "Year" means calendar year.

13. Unless otherwise provided, the applicable scope of time is from January 1, 

2010 to the present.

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TABAS & SOLOFF, P.A. · INGRAHAM BUILDING, 25 SOUTHEAST SECOND AVENUE, SUITE 248, MIAMI, FLORIDA 33131 ∙ (305) 375-8171

SCHEDULE AA@

PLEASE PROVIDE COPIES OF THE FOLLOWING:

1. Bank statements and cancelled checks for each account in which You have an 

interest or have had an interest for the twelve (12) month period up to and including the 

Petition Date, including but not limited to any account(s) listed on Your Schedule B.

1. Petition Date mortgage statement secured by the real property listed on Your 

Schedule A.

2. With respect to the sale of this property located at 11267 SW 234 TER please 

provide the closing statement and documentation relating to the disposition of any funds 

received from the sale, including but not limited to bank statements and cancelled checks.

The Trustee reserves the right to request additional documents as its investigation 

continues, as the Examination proceeds, as additional issues are uncovered, and as 

clarifications are required.

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