1 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

www.flsb.uscourts.gov

In re: Case No.: 22-12790-EPK 

 Chapter 7 

EXCELL AUTO GROUP, INC., 

 Debtor. 

_________________________________/ 

TRUSTEE’S EXEPEDITED MOTION COMPEL SCOTT ZANKL, IN HIS CAPACITY 

AS CORPORATE REPRESENTATIVE OF DEBTOR, TO APPEAR FOR RULE 2004 

EXAMINATION 

EXIGENT CIRCUMSTANCES: The facts and circumstances in this case are 

complex because of the various corporate structures of the Debtor and various 

related Debtor entities. The Trustee has received numerous allegations of fraud 

and/or gross mismanagement of the Debtor and related entities. These allegations 

have continued to increase since the beginning of the bankruptcy filing. The 

Trustee has recovered sufficient books and records to commence the Rule 2004 

examination of Scott Zankl, in his corporate capacity. However, the Debtor and 

Scott Zankl, through its counsel, Harry Winderman, has threatened to indefinitely 

delay the Rule 2004 examination until such time that Scott Zankl has received 

enough books and records for Scott Zankl to feel it appropriate to sit for the Rule 

2004 examination. The Trustee has set Scott Zankl’s Rule 2004 Examination, as 

representative for the Debtor, for June 6, 2022, at 9:30 am via Zoom. The Trustee 

requests a hearing on or about June 1, 2022 so that Counsel for the Trustee does not 

waste time and estate money preparing for a Rule 2004 examination if Scott Zankl’s 

attempt to indefinitely delay Scott Zankl’s deposition is successful. 

 Nicole Testa Mehdipour (“Trustee”), Chapter 7 Trustee for the estate of Excell Auto 

Group, Inc., by and through undersigned counsel, moves the Court pursuant Rule 2004(c) to 

Compel Scott Zankl, in his capacity as corporate representative of Debtor, to Appear for Rule 2004 

Examination and states as follows: 

I. Jurisdiction and Venue 

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 1 of 30
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1. This Court has jurisdiction to consider this Motion pursuant to 28 U.S.C. §§ 157 

and 1334. This matter is a core proceeding under 28 U.S.C. § 157(b)(2). Venue is proper in this 

Court under 28 U.S.C. § 1408 and 1409. 

II. Summary of Relief Sought and Summary of Grounds

2. The Trustee seeks to compel the attendance of Scott Zankl, as corporate 

representative of the Debtor, to appear for a Rule 2004 Examination on June 6, 2022, at 9:30 a.m. 

by Zoom. 

3. Fed. R. Bank. P. 2004(c) authorizes the attendance of an entity for examination and 

for the production of documents or electronically stored information in the same manner as 

provided in Fed. R. Bankr. P. 9016. 

4. The Trustee, through undersigned counsel, counsel for the Debtor, and Scott Zankl 

coordinated the date and time for the Rule 2004 Examination. 

5. However, subsequent to the coordination, Debtor’s counsel, Harry Winderman, 

stated that absent Scott Zankl being provided sufficient records by the Trustee or Moshe Farache, 

then Mr. Winderman would be filing a motion for protective order. See exchange of emails as 

composite Exhibit A attached and incorporated herein. 

6. The threatened delay of the Debtor’s Rule 2004 Examination until such time as the 

Trustee turns over documents to the principal and/or obtains records from third parties is not 

grounds to delay Mr. Zankl’s Rule 2004 Examination. 

7. The Trustee, her counsel, Mr. Winderman and Mr. Wernick, participated in a meet 

and confer. Mr. Winderman, who is currently on vacation has stated that he will be filing the 

Motion for Protective Order upon his return from vacation, which would not allow this Court to 

rule on the Motion for Protective Order until after the currently agreed upon examination date. 

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 2 of 30
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8. The Trustee has received and reviewed numerous allegations of fraud and gross 

mismanagement involving the Debtor and two related entities—Karma of Broward, Inc. and 

Karma of Palm Beach, Inc. Scott Zankl was the controlling principal of all three entities and 

involved in other related entities. The Trustee needs to understand the interrelationship between 

the entities to determine the best way to analyze the potential issues and causes of action. The 

Trustee asserts that it is likely that a Rule 2004 examination, in this case, will take place over 

multiple days. However, the Trustee also asserts that she has sufficient documentation to allow 

her to complete a full day of questions of Mr. Zankl. 

9. The Trustee will be prejudiced by delaying a Rule 2004 Examination1

 to a time in 

which Mr. Zankl has determined, apparently in his discretion, that the Trustee has obtained and 

Mr. Zankl as been provided, sufficient documentation so Mr. Zankl can feel comfortable in 

answering the Trustee’s questions. The Trustee anticipates numerous creditors will be seeking to 

take the Mr. Zankl’s deposition. Therefore, these creditors will be prejudiced as well. 

10. For the reasons set forth below, Mr. Zankl’s request is not being made in good faith 

and is part of a pattern of delay, false statements, and obfuscation of Mr. Zankl’s responsibilities 

in this bankruptcy proceeding whether by maliciousness or gross incompetence. 

11. Based upon the Trustee’s needs for the Rule 2004 Examination testimony and the 

imminent threat of a motion for protective order, the Trustee was compelled to file this Motion. 

III. Background 

12. On April 8, 2022, Excell Auto Group, Inc. (the “Debtor”) commenced this case by 

filing a voluntary petition for relief under chapter 7 of the Bankruptcy Code. [ECF #1]. Only the 

1

 On May 4, 2022, Scott Zankl sat for a limited agreed upon Rule 2004 Examination. [ECF #61]. The agreed upon 

Rule 2004 Examination involved 3 specific vehicles: one of the vehicles is titled in the name of Kristen Zankl and 

another vehicle was titled in the name of the father of Scott’s Zankl’s son’s college roommate. Therefore, the Rule 

2004 Examination was taken at the request of Scott Zankl and for the benefit of his wife and their son’s friend. 

Counsel for Mr. Zankl did not want to wait until the 341 meeting to address the issues at that time. The Trustee 

accommodated Mr. Zankl’s request. 

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 3 of 30
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petition was filed. On April 14, 2022, the Debtor filed an amended petition signed by Scott Zankl 

as General Manager of the Debtor. [ECF #14]. On April 18, 2022, the Debtor filed its first Initial 

Schedules and Statement of Financial Affairs. [ECF #36]. On May 12, 2022, the Debtor filed its 

Amended Schedules A, B, E, F, Statement of Financial Affairs [ECF #78]. 

13. One of the most basic obligations of any debtor is to list the totality of its creditors. 

The Debtor failed to attach a list of creditors along with the voluntary petition [ECF #1] and the 

amended voluntary petition [ECF #14]. Further, in the initial schedules and the amended schedules 

the Debtor lists one secured creditor, Auto Wholesale of Boca Raton. A simple review of public 

records—in particular, the Florida Secured Transaction Registry—list 22 entries of secured 

creditors. The secured creditors comprise various floor plan lenders, Merchant Cash Advance 

Companies, and an entry for Franklin Capital Group, LLC, which under document number 

202106787470 lists Scott Zankl and Kristen Zankl as secured creditors. A copy of the UCC filing 

of Franklin Capital Group, LLC. is attached as Exhibit B. By the time that the Debtor filed its 

amended schedules, numerous creditors had actually filed notices of appearances. For instance, on 

April 14, 2022, Bradley Shraiberg, Esq. had filed a Notice of Appearance on behalf of Franklin 

Capital Funding, LLC. [ECF # 17 ]. A simple review of the public records for Palm Beach 

County demonstrates that on July 27, 2021, Richard Applegate filed a lawsuit naming the Debtor. 

A copy of the Final Judgment is attached as Exhibit C. Richard Applegate had obtained a Final 

Judgement in the amount of $414,848.44. The Debtor does list the lawsuit and that Mr. Applegate 

garnished the accounts of Excell, but fails to schedule Richard Applegate as a creditor. On April 

18, 2022, Zach B. Shelomith, Esq. filed a Notice of appearance on behalf of Woodside Credit, 

LLC which is not listed by the Debtor as a creditor. [ECF #37]. 

14. On April 15, 2022, the Trustee frustrated with the Debtor’s lack of progress on 

completing schedules and providing books and records, filed Trustee’s Emergency Motion for 

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 4 of 30
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Turnover of All Assets, Including Books, Records, and Electronically Stored Information of the 

Debtor, From the Debtor, Including Through its Principals Scott Zankl and Kristen Zankl [ECF # 

19]. [the “Turnover Motion”] After the filing, throughout the weekend, the Trustee, her counsel 

and the Debtor and its counsel, negotiated an agreement on terms of the Turnover Motion. 

15. On April 18, 2022, this Court entered its Agreed Order Granting Trustee’s 

Emergency Motion for Turnover of All Assets, including Books, Records, and Electronically Stored 

Information of the Debtor, From Debtor, Including Through its Principals Scott Zankl and Kristen 

Zankl [ECF #34]. 

16. The Debtor began cooperating with the Trustee and her counsel. The Trustee was 

able to recover assets, books, records, and most electronically stored information. Further, Scott 

Zankl with his attorney, Harry Winderman, spent many hours over the span of days speaking to 

the Trustee and Trustee’s counsel and financial advisors. Moreover, Mr. Zankl, spent additional 

time, with the written permission of Mr. Winderman, speaking to the Trustee and Trustee’s counsel 

and financial advisors without the presence of Mr. Winderman. The Trustee is perplexed by Mr. 

Zankl’ s apparent refusal to answer questions under oath. 

17. On April 18, 2022, the Debtor filed its first Initial Schedules and Statement of 

Financial Affairs. [ECF #36]. On April 19, 2022, the Debtor filed its Notice of Compliance with 

Requirements for Amending Creditor Information. [ECF #41] and added a creditors’ matrix. On 

May 12, 2022, the Debtor filed its Amended Schedules A, B, E, F, and Statement of Financial 

Affairs [ECF #78]. The Debtor’s schedules, including amendments to schedules, are incomplete, 

false and/or misleading. 

18. For instance, the Debtor fails to list any bank accounts on Question 3 of Schedule 

B; states that the Debtor had no closed bank accounts in the one year prior to the filing of the 

Bankruptcy; lists zero gross revenues for the Debtor in 2022 on the Statement of Financial Affairs; 

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 5 of 30
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lists no licenses on question 62 of the Schedule B; states that it was not holding property for another 

on question 21 of the Statement of Financial Affairs; states that the Debtor has an interest in Excell 

Auto Sport and Service, Inc. and Excell Auto Finance, LLC. on Question 25 of Schedule B; and 

lists no transfers outside the ordinary course of business in the 2 years prior to the filing of the 

bankruptcy in the Statement of Financial Affairs. 

19. The Debtor was formed on February 2, 2009. On the petition date, the Debtor was 

a Florida licensed Vehicle Independent Dealer. The Debtor was the tenant in leased space located 

at 1001 Clint Moore Road, Boca Raton (“Leased Premises”). Karma of Palm Beach, owned by 

one or more of the principals of the Debtor, operated out of the Lease Premises. The Trustee has 

not received a lease or sublease for Karma of Palm Beach. Karma of Palm Beach had vehicles, 

books and records, and other items of personal property stored at the Leased Premises. When the 

Trustee took over the location, there was little to no separation of the Debtor and Karma of Palm 

Beach entities. The Trustee took possession of various vehicles, for which she has now filed a 

notice of abandonment. Most of the vehicles were physically located at the Excell location. 

20. On December 10, 2021, Scott Zankl signed a document signing over 8 Karma brand 

vehicles from Excell Auto Group, Inc. to Karma of Palm Beach, Inc. A copy of the vehicle 

transfer document is attached at Exhibit D. 

21. Based upon the books and records and bank statements recovered by the Trustee, 

the Trustee has identified at least three bank accounts at Chase, 2 bank accounts at Bank United, 

one bank account at Iberia, and one bank account at Level One Bank. Just in the three Chase Bank 

Accounts, the Debtor made deposits totaling over $19,450,000.00 in February of 2022 and March 

of 2022 alone. Therefore, the statements in Schedule B and in the Statement of Financial Affairs 

indicating that the Debtor had no bank accounts, closed no bank accounts, and had no gross 

revenue for 2022 was false and/or misleading. 

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 6 of 30
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22. Further, the Debtor provided no evidence to the Trustee that the Debtor actually 

owned an interest in Excell Auto Sport and Service, Inc. or Excell Auto Finance, LLC. Instead, it 

appears that one or more of the Debtor’s principals has or had an interest in each entity. 

23. As the 341 meeting was approaching, the Debtor, through its counsel, threatened to 

file a Motion for Protective Order unless Scott Zankl had “access to his records and electronic files 

at the 341” thereby attempting to delay the 341 meeting. A copy of the chain of emails regarding 

the 341 meeting on May 11, 2022, through May 12, 2022, are attached as Exhibit E. Because the 

341 meeting was going to be held via Zoom, the Trustee gave Scott Zankl the option of testifying 

from the “Karma of Broward location, in front of his computer, to answer questions, the Trustee 

has no objection as long he identifies the document(s) he is reviewing.” Otherwise, Scott Zankl 

could answer questions the best could, identify the documents that would assist him in answering 

questions along with identifying the last known location. However, given the opportunity to testify 

with his documents, he chose not to do so as set forth in the May 12, 2022, email from Debtor’s 

counsel. A copy of the 341 transcript is ordered and will be filed with the Court upon receipt. 

24. At the 341 meeting, Scott Zankl repeatedly testified that he could not answer 

questions because he did not have the documents in his possession. The Trustee asserts that Scott 

Zankl stated he was unable to answer questions when it would be clear that referring to a specific 

document was not actually necessary. 

25. The Trustee, through counsel, negotiated a date and beginning time for the Rule 

2004 examination which would be via Zoon on June 6, 2022, commencing at 9:30 am. The 

Trustee requested an earlier date and time, but due to the travel schedule of Debtor’s counsel and 

a scheduling conflict, June 6, 2022, was agreed upon. The Trustee is unwilling to wait any longer 

to take the Debtor’s Rule 2004 examination, the demands of Scott Zankl are inappropriate, and 

appear to be a disingenuous delay tactic. 

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 7 of 30
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IV. Legal Basis for Relief 

26. A Rule 2004 examination is substantially broader in scope than other rules of 

procedure in other litigation. Fed. R. Bankr. P. 2004. 

27. As the Honorable Judge Laurel M. Isicoff stated regarding the scope of Rule 2004 

examinations: 

The Trustee must administer the assets of this estate including the 

resolution of all litigation matters. Universal may have information 

that is relevant to the relief the Trustee seeks in this adversary 

proceeding or with respect to the assets of the debtor generally. 

Indeed, contrary to assertions by Universal and Hessein, Rule 2004 

does allow the Trustee to go on a general fishing expedition so long 

as the information sought relates to “the acts, conduct, or property 

or to the liabilities and financial condition of the debtor, or to any 

matter which may affect the administration of the debtor's estate....” 

See In re Wilcher, 56 B.R. 428 (Bankr. N.D.Ill. 1985). 

In re MMH Automotive Group, LLC, 346 B.R. 229, 233 (Bankr. S.D.Fla. 2006) (emphasis added). 

28. Further, the Debtor has an obligation to “cooperate with the trustee as necessary to 

enable the trustee to perform his duties” and “surrender ... all books, documents, records, and 

papers, relating to property of the estate.” 11 U.S.C. § 521(a)(3) and (4). 

29. The Trustee’s duties include collecting and liquidating all asset of the estate, 11 

U.S.C. § 704(a)(1), and investigating the financial condition of the Debtor. 11 U.S.C. § 704(a)(3). 

30. Part of the Debtor’s duty, through its principal, is to appear at a duly scheduled Rule 

2004 examination. There is nothing in the Bankruptcy Code or the Bankruptcy Rules which allows 

a principal of a Debtor to dictate to the Trustee what documents the Trustee must have before the 

principal will sit for a Rule 2004 examination. Further, there is nothing in the Bankruptcy Code 

or the Bankruptcy Rules that would allow for the principal of the Debtor to delay sitting for a Rule 

2004 examination until the principal obtains documents from third parties to allow the witness to 

“study” or “prepare” for the examination by the Trustee. 

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 8 of 30
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V. Conclusion 

31. The Rule 2004 examination should not be rescheduled absent written consent of 

the Trustee regardless of any scheduling issues of the Debtor, Scott Zankl or Debtor’s counsel. 

32. The Trustee requests sanctions in the form of attorneys’ fees and costs for bringing 

this Motion pursuant to Fed. Civ. P. 45, incorporated into Fed. R. Bank. P. 9016. 

WHEREFORE, the Trustee requests the entry of an Order as follows: (i) Scott Zankl be 

ordered to testify at a Rule 2004 Examination of the Debtor on June 6, 2022 at 9:30 am via Zoom; 

(ii) the Rule 2004 examination should not be permitted to be rescheduled absent written consent 

of the Trustee regardless of any scheduling issues of the Debtor, Scott Zankl or Debtor’s counsel; 

(iii) the Trustee be awarded attorneys’ fees and costs as sanctions; and (iv) the Court award any 

further relief the Court deems just and proper. 

Respectfully submitted this 24th day of May 2022. 

FURR AND COHEN, P.A. 

One Boca Place, Suite 419A 

2255 Glades Road 

Boca Raton, FL 33431 

Telephone: (561) 395-0500 

Facsimile: (561) 338-7532 

BY: /s/ Alan R. Crane 

 Special Counsel for Trustee 

Alan R. Crane, Esq. 

Florida Bar No.: 0963836 

 E-mail: acrane@furrcohen.com 

-andLAW OFFICE OF 

NICOLE TESTA MEHDIPOUR, P.A. 

Counsel for Chapter 7 Trustee 

6278 N. Federal Highway, Suite 408 

Fort Lauderdale, FL 33308 

Tel: (954) 858-5880 Fax: (954) 208-0888 

By: /s/ Nicole Testa Mehdipour 

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 9 of 30
10 

Nicole Testa Mehdipour 

Florida Bar No. 177271 

Nicole.Mehdipour@ntmlawfirm.com 

CERTIFICATE OF SERVICE

 I HEREBY CERTIFY that true copy of the foregoing has been served in the manner indicated this 24th day 

of May 2022, on the parties listed below. 

BY: /s/ Alan R. Crane 

Alan R. Crane, Esq. 

Served via Notice of Electronic Filing: All creditors registered with CM/ECF to receive electronic notice in this 

case. 

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 10 of 30
From: Harry Winderman

To: Alan Crane; James R. Liebler; Aaron Wernick; David Softness; "jmcoleman@seyfarth.com"

Cc: Jason Rigoli

Subject: Re: Excell Auto Group

Date: Thursday, May 19, 2022 1:01:53 PM

Attachments: image001.png

There is no competing claim for the camaro. The fact that you do not know this confirms my

belief that the 2004 is premature.

Sent via the Samsung Galaxy S22 Ultra 5G, an AT&T 5G smartphone

Get Outlook for Android

From: Alan Crane <acrane@furrcohen.com>

Sent: Thursday, May 19, 2022 6:54:06 PM

To: James R. Liebler <JRLII@lgplaw.com>; Harry Winderman <hw@whcfla.com>; Aaron Wernick

<awernick@wernicklaw.com>; David Softness <david@softnesslaw.com>;

'jmcoleman@seyfarth.com' <jmcoleman@seyfarth.com>

Cc: Jason Rigoli <jrigoli@furrcohen.com>

Subject: Excell Auto Group

CAUTION: This email originated from outside of your organization.

All

The trustee has filed a notice of abandonment of certain vehicles in her possession. The trustee

takes the position that the vehicles are overly burdensome to the estate and the bankruptcy estate

will have no further interest in the vehicles. However, we understand that there are competing

claims to the vehicles. The trustee will not release any of the vehicles listed in her notice of

abandonment absent a court order providing an appropriate authorization. 

For most of you, I have communicated this position separately. Please note that the only opposition

that the trustee would have is if the motion and notice of hearing are not properly served giving

notice to all potential effected parties.

Please let me know if you have any questions.

Alan

Alan R. Crane

Attorney At Law

Furr Cohen

2255 Glades Road, Suite 419A

Boca Raton, Florida 33431

Telephone: (561) 395-0500

(;+,%,7$ Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 11 of 30
Facsimile: (561) 338-7532

Email: ACrane@furrcohen.com

******PLEASE NOTE CHANGE IN SUITE NO.

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 12 of 30
From: Harry Winderman

To: Alan Crane; Nicole Testa Mehdipour, Esquire

Subject: Fwd: Ch-7 22-12790-EPK Notice of Filing EXCELL Auto Group,

Date: Wednesday, May 18, 2022 10:22:45 AM

Next will be our demand. There is no purpose served by your limiting access to records that FVP and other creditors will gain access. We will be filing a

request for copies.

We are also preparing our motion for protective order and this request to issue subpoena will strengthen our position. The trustee is much better served by

permitting Scott and his prior staff to have access to all bank records and the accounting software and video.

Please reconsider.

Sent via the Samsung Galaxy S22 Ultra 5G, an AT&T 5G smartphone

Get Outlook for Android

From: FLSB_ECF_Notification@flsb.uscourts.gov <FLSB_ECF_Notification@flsb.uscourts.gov>

Sent: Wednesday, May 18, 2022, 3:50 PM

To: Courtmail@flsb.uscourts.gov <Courtmail@flsb.uscourts.gov>

Subject: Ch-7 22-12790-EPK Notice of Filing EXCELL Auto Group,

***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case

(including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the

filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if

the referenced document is a transcript, the free copy and 30-page limit do not apply.

U.S. Bankruptcy Court

Southern District of Florida

Notice of Electronic Filing 

The following transaction was received from David R. Softness entered on 5/18/2022 at 9:49 AM EDT and filed on 5/18/2022 

Case Name: EXCELL Auto Group, Inc.

Case Number: 22-12790-EPK

Document Number: 83

Docket Text:

Notice of Filing Intent to Serve Subpoena on Trustee, Filed by Creditor FVP Investments, LLC, a Delaware limited liability company. (Softness, David)

The following document(s) are associated with this transaction:

Document description:Main Document 

Original filename:Notice of Intent to Serve Subpoena w Subpoena.pdf 

Electronic document Stamp:

[STAMP bkecfStamp_ID=1068065210 [Date=5/18/2022] [FileNumber=54537546- 

0] [62ab0a6637c18f0b61d7f9f382ef2b35b87c34768596e5c74bf97689b1a2e09eef 

47885f3e0eba6ebc1721ed8ff6f7ff07f21abf2057052795f282dc46656944]] 

22-12790-EPK Notice will be electronically mailed to: 

Joaquin J Alemany on behalf of Creditor Shrayber Land, Inc. 

joaquin.alemany@hklaw.com, jose.casal@hklaw.com 

Zachary J Bancroft on behalf of Creditor BAL INVESTMENTS, LLC 

zbancroft@bakerdonelson.com, sdenny@bakerdonelson.com,bkcts@bakerdonelson.com 

Eyal Berger, Esq. on behalf of Creditor Milco Atwater, LLC 

eyal.berger@akerman.com, jeanette.martinezgoldberg@akerman.com 

Eyal Berger, Esq. on behalf of Creditor Edward Brown 

eyal.berger@akerman.com, jeanette.martinezgoldberg@akerman.com 

Eyal Berger, Esq. on behalf of Creditor John Wittig 

eyal.berger@akerman.com, jeanette.martinezgoldberg@akerman.com 

Eyal Berger, Esq. on behalf of Creditor Philip T. Gori 

eyal.berger@akerman.com, jeanette.martinezgoldberg@akerman.com 

Stephen C Breuer on behalf of Creditor David Amsel 

stephen@breuer.law, genna@breuer.law,stephen@ecf.courtdrive.com 

Alan R Crane on behalf of Trustee Nicole Testa Mehdipour 

acrane@furrcohen.com, rrivera@furrcohen.com;ltitus@furrcohen.com;staff1@furrcohen.com 

Mitchell A Dinkin, Esq. on behalf of Creditor Savannah Row Development Company, LLC 

mdinkin@madlegal.net, lucyd@madlegal.net 

Dana L Kaplan on behalf of Creditor Graves Directional Drilling Inc. a/k/a Graves Directional Inc. 

dana@kelleylawoffice.com,

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 13 of 30
cassandra@kelleylawoffice.com;debbie@kelleylawoffice.com;craig@kelleylawoffice.com;kelleycr75945@notify.bestcase.com;scott@kelleylawoffice.com

Dana L Kaplan on behalf of Creditor Steven Graves 

dana@kelleylawoffice.com,

cassandra@kelleylawoffice.com;debbie@kelleylawoffice.com;craig@kelleylawoffice.com;kelleycr75945@notify.bestcase.com;scott@kelleylawoffice.com

Mark A Levy, Esq on behalf of Creditor Chad Zakin 

mark.levy@brinkleymorgan.com, sandra.gonzalez@brinkleymorgan.com;brinkleymorganecf@gmail.com 

James Randolph Liebler on behalf of Creditor Westlake Services, LLC 

jrlii@lgplaw.com, mkv@lgplaw.com 

Nathan G Mancuso on behalf of Creditor Excell Auto Sport and Service, Inc. 

ngm@mancuso-law.com 

David B Marks on behalf of Creditor Millco Atwater, LLC 

brett.marks@akerman.com, charlene.cerda@akerman.com 

David B Marks on behalf of Creditor Edward Brown 

brett.marks@akerman.com, charlene.cerda@akerman.com 

David B Marks on behalf of Creditor John Wittig 

brett.marks@akerman.com, charlene.cerda@akerman.com 

David B Marks on behalf of Creditor Philip T. Gori 

brett.marks@akerman.com, charlene.cerda@akerman.com 

Nicole Testa Mehdipour 

Trustee@ntmlawfirm.com, TRUSTEE_CMECF_Service@ntmlawfirm.com;FL80@ecfcbis.com;ntm@trustesolutions.net;BCasey@ntmlawfirm.com 

Nicole Testa Mehdipour on behalf of Trustee Nicole Testa Mehdipour 

nicolem@ntmlawfirm.com,

cm_ecf_service@ntmlawfirm.com;atty_mehdipour@bluestylus.com;cmecfservice@gmail.com;mehdipournr85783@notify.bestcase.com 

Nicole Testa Mehdipour on behalf of Trustee Nicole Testa Mehdipour 

Trustee@ntmlawfirm.com, TRUSTEE_CMECF_Service@ntmlawfirm.com;FL80@ecfcbis.com;ntm@trustesolutions.net;BCasey@ntmlawfirm.com 

James B Miller on behalf of Creditor 1001 Clint Moore, LLC 

bkcmiami@gmail.com 

James B Miller on behalf of Creditor Auto Wholesale of Boca, LLC 

bkcmiami@gmail.com 

James B Miller on behalf of Creditor MMS Ultimate Services, Inc. 

bkcmiami@gmail.com 

James B Miller on behalf of Creditor Moshe Farache 

bkcmiami@gmail.com 

James C. Moon, Esq on behalf of Creditor Chapford Credit Opportunities Fund LP 

jmoon@melandbudwick.com,

ltannenbaum@melandbudwick.com;mrbnefs@yahoo.com;jmoon@ecf.courtdrive.com;ltannenbaum@ecf.courtdrive.com;phornia@ecf.courtdrive.com 

James C. Moon, Esq on behalf of Creditor Chapford Specialty Finance LLC 

jmoon@melandbudwick.com,

ltannenbaum@melandbudwick.com;mrbnefs@yahoo.com;jmoon@ecf.courtdrive.com;ltannenbaum@ecf.courtdrive.com;phornia@ecf.courtdrive.com 

Office of the US Trustee 

USTPRegion21.MM.ECF@usdoj.gov 

John E Page on behalf of Creditor Johnie Floyd Weems, III 

jpage@slp.law, dwoodall@slp.law;pmouton@slp.law;pmouton@ecf.courtdrive.com;jpage@ecf.courtdrive.com 

Eric S Pendergraft on behalf of Creditor Johnie Floyd Weems, III 

ependergraft@slp.law, dwoodall@slp.law;dlocascio@slp.law;bshraibergecfmail@gmail.com;pmouton@slp.law 

Hampton Peterson, Esq on behalf of Creditor Palm Beach County Tax Collector 

legalservices@PBCTax.com 

Jordan L Rappaport, Esq on behalf of Creditor Andrew Greenberg 

office@rorlawfirm.com, 1678370420@filings.docketbird.com 

Jordan L Rappaport, Esq on behalf of Creditor Richard Applegate 

office@rorlawfirm.com, 1678370420@filings.docketbird.com 

Jordan L Rappaport, Esq on behalf of Creditor Richard Greenberg 

office@rorlawfirm.com, 1678370420@filings.docketbird.com 

Jordan L Rappaport, Esq on behalf of Interested Party Stefano Riga 

office@rorlawfirm.com, 1678370420@filings.docketbird.com 

Jordan L Rappaport, Esq on behalf of Interested Party Tarek Aboualazzm 

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 14 of 30
office@rorlawfirm.com, 1678370420@filings.docketbird.com 

David A Ray on behalf of Trustee Nicole Testa Mehdipour 

dray@draypa.com, sramirez.dar@gmail.com,cm_ecf_service@ntmlawfirm.com 

Ivan J Reich, Esq on behalf of Creditor DCG 2008 Irrevocable Wealth Trust 

ireich@nasonyeager.com, msmith@nasonyeager.com 

Jason S Rigoli, Esq. on behalf of Trustee Nicole Testa Mehdipour 

jrigoli@furrcohen.com, rrivera@furrcohen.com;staff1@furrcohen.com 

Harry J Ross, Esq on behalf of Interested Party Alexey Alekseyevich Gorodova 

hross@hjrlaw.com, jerri@hjrlaw.com 

Harry J Ross, Esq on behalf of Interested Party Svetlana Petrovna Gorodova 

hross@hjrlaw.com, jerri@hjrlaw.com 

John D. Segaul on behalf of Creditor Tim Olesijuk 

john@segaul.com, court@segaulstoll.com;melissa@segaul.com;segaullawfirmpa@jubileebk.net 

Zach B Shelomith on behalf of Creditor Woodside Credit, LLC 

zbs@lss.law, info@lss.law;zshelomith@ecf.inforuptcy.com 

Bradley S Shraiberg on behalf of Creditor Franklin Capital Funding, LLC 

bss@slp.law, dwoodall@slp.law;dwoodall@ecf.courtdrive.com;pmouton@slp.law 

Eric J Silver on behalf of Creditor BENIDT INVESTMENTS/SLINGER, LLC 

esilver@stearnsweaver.com, jless@stearnsweaver.com;fsanchez@stearnsweaver.com;cgraver@stearnsweaver.com;mfernandez@stearnsweaver.com 

David R. Softness on behalf of Creditor FVP Investments, LLC, a Delaware limited liability company 

david@softnesslaw.com 

David R. Softness on behalf of Creditor FVP Opportunity Fund III, LP 

david@softnesslaw.com 

David R. Softness on behalf of Creditor FVP Servicing, LLC a Delaware limited liability company 

david@softnesslaw.com 

Peter D Spindel on behalf of Creditor Tulocay Farm, Inc. 

peterspindel@gmail.com, peterspindelcmecf@gmail.com 

Mark E Steiner on behalf of Creditor Westlake Services, LLC 

MES@lgplaw.com, pm@lgplaw.com 

Aaron A Wernick on behalf of Interested Party Kristen Zankl 

awernick@wernicklaw.com, awernick@ecf.courtdrive.com;crubin@wernicklaw.com;dkariotis@wernicklaw.com;mlaverriere@wernicklaw.com 

Aaron A Wernick on behalf of Interested Party Scott Zankl 

awernick@wernicklaw.com, awernick@ecf.courtdrive.com;crubin@wernicklaw.com;dkariotis@wernicklaw.com;mlaverriere@wernicklaw.com 

Paul E Wilson on behalf of Creditor Daimler Trust 

pwilson@paulwilsonesq.com 

Paul E Wilson on behalf of Creditor Mercedes Benz Financial Services USA, LLC. 

pwilson@paulwilsonesq.com 

Harry Winderman on behalf of Debtor EXCELL Auto Group, Inc. 

harry4334@hotmail.com, lynoramae@gmail.com,lm@whcfla.com,filings@whcfla.com 

Thomas G Zeichman on behalf of Creditor Prestige Luxury Cars, LLC 

tzeichman@bmulaw.com, G67999@notify.cincompass.com 

22-12790-EPK Notice will not be electronically mailed to: 

Ally Bank Lease Trust - Assignor to Vehicle Asset Universal Leasing Trust (a.k.a. "VAULT TRUST", or "V.A.U.L. Trust", or "VAULT", or

"V.A.U.L.T."), c/o AIS Port 

4515 N Santa Fe Ave. Dept. APS 

Oklahoma City, OK 73118 

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 15 of 30
From: Harry Winderman

To: Nicole Testa Mehdipour, Esquire

Cc: Alan Crane; Jason Rigoli

Subject: Re: Excell auto

Date: Tuesday, May 17, 2022 5:07:22 PM

Attachments: image001.png

The work in revising schedules is a direct offshoot of farache effectively destroying an

opportunity to fully and completely prepare schedules.

We will see if the court let's you stand in the way of access to records that were not available

to my client under the exigent circumstances. Further you gave Scott access to records when

you thought it was to your advantage. 

Sent via the Samsung Galaxy S22 Ultra 5G, an AT&T 5G smartphone

Get Outlook for Android

From: Nicole Testa Mehdipour, Esquire <nicolem@ntmlawfirm.com>

Sent: Tuesday, May 17, 2022 11:02:28 PM

To: Harry Winderman <hw@whcfla.com>

Cc: Alan Crane <acrane@furrcohen.com>; Jason Rigoli <jrigoli@furrcohen.com>

Subject: Re: Excell auto

CAUTION: This email originated from outside of your organization.

Harry,

I look forward to reading your motion and replying. You continue to attempt to shift the

debtor’s burden to me as trustee. You should have advised your client that once a trustee takes

possession she has zero obligation to turn over the debtor’s books and records. You did not

and that is why you are in this predicament. Your failure to plan and properly advise the

debtor is not going to become my emergency or issue. 

I also note that you have still failed to comply with the Debtor’s duties in making timely

amendments as you repeatedly file Schedule A/B answering NO as to whether the debtor has

any bank accounts.

Nicole Testa Mehdipour

Law Office of Nicole Testa Mehdipour, PA

(954) 858-5880 ext. 101

Sent from my iPhone 

On May 17, 2022, at 4:55 PM, Harry Winderman <hw@whcfla.com> wrote:

You can be assured that the Trustee's failure to turn over information in her

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 16 of 30
possession will be featured prominently in our motion. Due process demands that

you understand the extenuating circumstances but you refuse to do so.

I will explain in our motion. Moshe took the records and intimated the staff to

leave. If you think the lack of access to accounting records was my client's fault

then you have not been fully informed. Further the trustee has done nothing to go

after farache. 

Please extend the same courtesy my client has shown the trustee.

Sent via the Samsung Galaxy S22 Ultra 5G, an AT&T 5G smartphone

Get Outlook for Android

From: Alan Crane <acrane@furrcohen.com>

Sent: Tuesday, May 17, 2022 9:41:03 PM

To: Harry Winderman <hw@whcfla.com>

Cc: Jason Rigoli <jrigoli@furrcohen.com>; Nicole Mehdipour (Other)

<nicolem@ntmlawfirm.com>

Subject: RE: Excell auto

CAUTION: This email originated from outside of your organization.

Mr. Winderman,

As stated, the Rule 2004 examination will be filed and set as agreed. Your client does

not get to conduct discovery in advance of the Rule 2004 examination. Your client

should have provided you with sufficient documentation to be able to accurately

complete the schedules, answer questions at the 341 meeting and attend the Rule

2004 examination. Your client’s obvious failure to due the required due diligence

before filing the bankruptcy will not prejudice the trustee or the creditors in taking the

Rule 2004 examination. I will remind you that we want to take the Rule 2004

examination earlier than is currently scheduled. The only reason why we are agreeing

to a delay is due to your vacation schedule. If the Debtor seeks a protective order

based upon the grounds provided to the Trustee in the email correspondence we will

seek to compel and sanctions.

Alan

Alan R. Crane

Attorney At Law

Furr Cohen

2255 Glades Road, Suite 419A

Boca Raton, Florida 33431

Telephone: (561) 395-0500

Facsimile: (561) 338-7532

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 17 of 30
Email: ACrane@furrcohen.com

******PLEASE NOTE CHANGE IN SUITE NO.

From: Harry Winderman <hw@whcfla.com> 

Sent: Tuesday, May 17, 2022 3:06 PM

To: Alan Crane <acrane@furrcohen.com>

Cc: Jason Rigoli <jrigoli@furrcohen.com>; Nicole Mehdipour (Other)

<nicolem@ntmlawfirm.com>

Subject: Re: Excell auto

You missed the point. My client and I need adequate information. He will not be

ambushed. Please change the date.

Sent via the Samsung Galaxy S22 Ultra 5G, an AT&T 5G smartphone

Get Outlook for Android

From: Alan Crane <acrane@furrcohen.com>

Sent: Tuesday, May 17, 2022 8:37:47 PM

To: Harry Winderman <hw@whcfla.com>

Cc: Jason Rigoli <jrigoli@furrcohen.com>; Nicole Mehdipour (Other)

<nicolem@ntmlawfirm.com>

Subject: FW: Excell auto

CAUTION: This email originated from outside of your organization.

Harry,

We have cleared June 6th beginning at 9:30 am for Mr. Zankl’s Rule 2004 Examination. 

We will have sufficient documentation to adequately examine Mr. Zankl. Further, it is

not up to Mr. Zankl to decide whether the trustee has sufficient documentation. I find

it curious as to why you would think it appropriate for Mr. Zankle to seek discovery at

this point. 

Alan

Alan R. Crane

Attorney At Law

Furr Cohen

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 18 of 30
2255 Glades Road, Suite 419A

Boca Raton, Florida 33431

Telephone: (561) 395-0500

Facsimile: (561) 338-7532

Email: ACrane@furrcohen.com

******PLEASE NOTE CHANGE IN SUITE NO.

From: Harry Winderman <hw@whcfla.com> 

Sent: Tuesday, May 17, 2022 2:07 PM

To: Alan Crane <acrane@furrcohen.com>; Nicole Testa Mehdipour, Esquire

<nicolem@ntmlawfirm.com>

Cc: Henry B. Handler <hbh@whcfla.com>; William Cornwell <wjc@whcfla.com>

Subject: Excell auto

Greetings

Have you had any success in obtaining access to the accounting software and the video

feed? Although i anticipated that excell would have access to these records and bank

account records for excell and the two karmas this has not happened. Further the 341

made it clear that farache stole accounting files and has information that excell is not in

a position to refute. Until we gain access to all of this information it is premature to

schedule any 2004 exam. 

I would very much appreciate your assistance in obtaining the above information.

Sent via the Samsung Galaxy S22 Ultra 5G, an AT&T 5G smartphone

Get Outlook for Android

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 19 of 30
5/22/22, 8:49 AM Search Results Detail

https://www.floridaucc.com/uccweb/SearchResultsDetail.aspx?sst=&sov=0&sot=Filed Compact Debtor Name List&st=excell+auto+group&fn=&rn=484... 1/1

Search Results Detail

Detail Record For: 202106787470

Status Date Filed Expires Filings Completed

Thru Summary For Filing

FILED 04/15/2021 04/15/2026 05/18/2022 202106787470

Filing Events Events Filed: 7

View Filing History

Secured Parties Current Secured Parties: 1

Name & Address

FRANKLIN CAPITAL GROUP, LLC

32300 NORTHWESTERN HWY. FARMINGTON HILLS MI 48334

Debtor Parties Current Debtor Parties: 1

Name & Address

EXCELL AUTO GROUP, INC.

1001 CLINTMOORE ROAD #101 BOCA RATON FL 33487

Document Images Pages in all forms/attachments: 10

Document Number Type Filing Date Pages

202106787470 UCC1 04/15/2021 3

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 20 of 30 (;+,%,7%
Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 21 of 30
Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 22 of 30
Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 23 of 30



	

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&9)*#*5% Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 26 of 30
From: Harry Winderman

To: Alan Crane; Aaron Wernick

Cc: Nicole Mehdipour (Other); Jason Rigoli

Subject: RE: Excell Auto Group

Date: Thursday, May 12, 2022 10:44:23 AM

Attachments: image001.png

We have chosen to have scott in our offices tomorrow without documents. The 341

will need to be either completed or continued at 2:30 tomorrow so that I can attend

my granddaughter’s deposition.

Harry Winderman, Esq.

WEISS, HANDLER & CORNWELL, P.A.

2255 Glades Road, Suite 205E

Boca Raton, Florida 33431

(561) 997-9995 (Boca)

(561) 997-5280 (Fax)

HW@whcfla.com

CONFIDENTIALITY NOTICE: The information contained in this E-mail message

is attorney privileged and confidential information intended only for the use of

the individual(s) named above. If the reader of this message is not the intended

recipient, you are hereby notified that any dissemination, distribution or copy

of this communication is strictly prohibited. If you have received this

communication in error, please contact the sender by reply E-mail and destroy

all copies of the original message. Thank you.

CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S.

Treasury Department Regulations, we are now required to advise you that,

unless otherwise expressly indicated, any federal tax advice contained in this

communication, including any attachments, is not intended or written by us to

be used, and cannot be used, by anyone for the purpose of avoiding federal tax

penalties that may be imposed by the federal government or for promoting,

marketing or recommending to another party any tax-related matters addressed

herein.

From: Alan Crane <acrane@furrcohen.com> 

Sent: Wednesday, May 11, 2022 6:27 PM

To: Harry Winderman <hw@whcfla.com>; Aaron Wernick <awernick@wernicklaw.com>

Cc: Nicole Mehdipour (Other) <nicolem@ntmlawfirm.com>; Jason Rigoli <jrigoli@furrcohen.com>

Subject: RE: Excell Auto Group

CAUTION: This email originated from outside of your organization.

Harry and Aaron,

(;+,%,7( Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 27 of 30
Usually a debtor does not have documents, other than the schedules and related filed documents, at

a 341 meeting. If Scott wants to be at Karma of Broward and, in front of his computer, to answer

questions, the Trustee has no objection as long as he identifies the document(s) he is reviewing. 

Alternately, or in addition to, if Scott is asked a question and does not know the answer because a

document is not in his possession, then he can just identify the document, to the best of his ability,

and the last place he saw the document. Everything else will wait until the Rule 2004 examination.

No one is looking for Scott to guess at answers. 

Please let me know if you have any questions. 

Alan

Alan R. Crane

Attorney At Law

Furr Cohen

2255 Glades Road, Suite 419A

Boca Raton, Florida 33431

Telephone: (561) 395-0500

Facsimile: (561) 338-7532

Email: ACrane@furrcohen.com

******PLEASE NOTE CHANGE IN SUITE NO.

From: Harry Winderman <hw@whcfla.com> 

Sent: Wednesday, May 11, 2022 1:25 PM

To: Alan Crane <acrane@furrcohen.com>; Aaron Wernick <awernick@wernicklaw.com>

Cc: Nicole Mehdipour (Other) <nicolem@ntmlawfirm.com>; Jason Rigoli <jrigoli@furrcohen.com>

Subject: RE: Excell Auto Group

Let us be clear, you have all of our records. We do not have in our possession,

custody or control the Blue Cross, the Copier contracts or life insurance information.

Scott has provided to the Trustee the insurance agent’s contact information and he

has requested the information without response. We have sought access to Excell’s

files in your possession without receiving a response.

We have worked cooperatively and spent hours going over records to correct the

claims for vehicles and your belief of commingling of businesses that have impeded

the restructuring of Karma PB and Broward.

You have scheduled a very long 341 meeting and apparently intend to take sworn

testimony from Scott without giving him access to records and his electronic files.

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 28 of 30
In addition, you want to take an additional 2004 which I again assume you will want to

do without scott having access to the files and his electronic records.

You have learned how productive scott can be when given access to the records in

that the Trustee abandoned the Karmas and Mokes.

You have been advised that the vehicles in Mr. Farache’s possession are not owned

by Excell and are therefore not estate assets yet you have refused to abandon any

claim against him and will therefore permit questions at the 341 that have nothing to

do with the estate.

Unless Scott can have access to his records and electronic files at the 341, I will

move for a protective order and a delay in taking the 341.

Please let me know your position immediately.

Harry Winderman, Esq.

WEISS, HANDLER & CORNWELL, P.A.

2255 Glades Road, Suite 205E

Boca Raton, Florida 33431

(561) 997-9995 (Boca)

(561) 997-5280 (Fax)

HW@whcfla.com

CONFIDENTIALITY NOTICE: The information contained in this E-mail message

is attorney privileged and confidential information intended only for the use of

the individual(s) named above. If the reader of this message is not the intended

recipient, you are hereby notified that any dissemination, distribution or copy

of this communication is strictly prohibited. If you have received this

communication in error, please contact the sender by reply E-mail and destroy

all copies of the original message. Thank you.

CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S.

Treasury Department Regulations, we are now required to advise you that,

unless otherwise expressly indicated, any federal tax advice contained in this

communication, including any attachments, is not intended or written by us to

be used, and cannot be used, by anyone for the purpose of avoiding federal tax

penalties that may be imposed by the federal government or for promoting,

marketing or recommending to another party any tax-related matters addressed

herein.

From: Alan Crane <acrane@furrcohen.com> 

Sent: Wednesday, May 11, 2022 12:26 PM

To: Harry Winderman <hw@whcfla.com>; Aaron Wernick <awernick@wernicklaw.com>

Cc: Nicole Mehdipour (Other) <nicolem@ntmlawfirm.com>; Jason Rigoli <jrigoli@furrcohen.com>

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 29 of 30
Subject: Excell Auto Group

CAUTION: This email originated from outside of your organization.

Harry,

The following documents and information are missing and needs to be resolved by noon tomorrow. 

The photo identification of the corporate representative must be sent directly to Ms. Mehdipour.

The required signed ID verification form must be sent directly to Ms. Mehdipour.

The Blue Cross Blue Shield policy – health insurance should be sent to both me and Ms. Mehdipour.

The life insurance policies where Excell is either the owner or beneficiary should be sent to both me

and Ms. Mehdipour.

The lease agreements with Konica Minolta for copiers/printers should be sent to both me and Ms.

Mehdipour.

All of the above have been requested repeatedly. The identification documents are required in all

cases. To be clear, the failure to provide the documents by noon tomorrow will be treated as

violation of the Turnover Over order.

Alan

Alan R. Crane

Attorney At Law

Furr Cohen

2255 Glades Road, Suite 419A

Boca Raton, Florida 33431

Telephone: (561) 395-0500

Facsimile: (561) 338-7532

Email: ACrane@furrcohen.com

******PLEASE NOTE CHANGE IN SUITE NO.

Case 22-12790-EPK Doc 105 Filed 05/24/22 Page 30 of 30