UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

www.flsb.uscourts.gov

IN RE: CASE NO.: 21-18647-LMI

ERICH GONZALEZ, Chapter 7

Debtor./

TRUSTEE’S MOTION TO COMPEL 

Ross R. Hartog, Chapter 7 Trustee, moves to compel turnover of non-exempt assets. In 

support of the Motion, the Trustee states as follows: 

1. Erich Gonzalez (“Debtor”) filed a voluntary petition for relief under Chapter 7 on

September 3, 2021 [ECF 1]. Thereafter, Ross R. Hartog (“Trustee”) was appointed to serve as 

the Chapter 7 Trustee.

2. The Trustee has reviewed the Debtor’s schedules, as well as documents and 

photographs provided by the Debtor, and has prepared a liquidation analysis, which details the 

total non-exempt property of the Debtor. Attached hereto as Exhibit “A” is a copy of the 

Trustee’s liquidation analysis.

3. The Trustee asserts the estate’s interest in the non-exempt property, net of all 

claimed exemptions, equal to $5,423.20.

4. On January 5, 2022, the Trustee advised the Debtor that he possessed non-exempt 

property and the Trustee also proposed a possible settlement to provide a means for the Debtor to 

purchase the non-exempt equity in, and preserve, the assets.

5. The Trustee has made attempts to get this matter resolved prior to the filing of this 

Motion, but to date a settlement has not been reached. 

Case 21-18647-LMI Doc 30 Filed 04/20/22 Page 1 of 3
6. The Trustee is concerned that assets may be depleted to the detriment of the 

creditors of this estate.

7. The Trustee also notes that by failing to respond to any inquiries regarding the 

non-exempt assets, the Debtor is failing to comply with the obligations imposed by Section 521 

of the Bankruptcy Code.

WHEREFORE, the Trustee respectfully requests entry of an order (a) granting the 

Motion, (b) compelling the Debtor to immediately turnover the non-exempt property, per the 

attached liquidation analysis, and (c) granting any further relief as this Court may deem fair and 

just.

CERTIFICATE OF SERVICE

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

20, 2022, via (1) email through the Court’s BNC; and (2) U.S. Regular Mail to: Robert 

Sanchez, Esq, 355 W 49 St., Hialeah, FL 33012; and Erich Gonzalez, 2572 W 72nd Place, 

Hialeah, FL 33016-6507.

/s/ Ross R. Hartog

Ross R. Hartog, Trustee

P.O. BOX 14306 

Fort Lauderdale, FL 33302

Tel: (954) 767-0030

EM: trustee@mrthlaw.com

Case 21-18647-LMI Doc 30 Filed 04/20/22 Page 2 of 3
Erich Gonzalez Mtg Seq: 70

21-18647-LMI DOF: 9/3/21

Real Property:

Real Estate: 2572 W 72 PLACE Scheduled Value $258,774.00 $0.00

Lien(s) $91,799.45

Exemptions $258,774.00

Personal Property:

Cash $20.00

CHASE #0672 @ 1/2 INT $6.15

BOA #0752 $30.53

Furniture, Electronics, Books, Pictures, etc.

Based on Size; Location; Zillow Home Search; 

and Miami-Dade Property Appraiser's Website $2,500.00

Clothes $60.00

Jewelry NONE

2007 CHRYSLER 300 NADA $4,300.00

Estate's Interest in 2021 Tax Refund (Estimate) $506.52

Based on 2020 T.R. , less any EIC, Child Tax 

Credit or Recovery Rebate $756.00

Estate's Portion 67%

Security Deposit(s) UNKNOWN

Total Personal Property $7,423.20

Less Personal Property Exemptions Fla Const art X 4(a)(2) -$1,000.00

Motor Vehicle Exemption Fla. Stat. Ann. 222.25(1) -$1,000.00

Wild Card Exemption Fla. Stat. Ann. 222.25(4) $0.00

Total Over-Exempt $5,423.20

Exhibit "A"

Case 21-18647-LMI Doc 30 Filed 04/20/22 Page 3 of 3