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UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

www.flsb.uscourts.gov 

In re: Chapter 7 

 

EXCELL AUTO GROUP, INC., Case No. 22-12790-EPK

 

 

 Debtor. 

_________________________________/ 

NOTICE OF RULE 2004 EXAMINATION DUCES TECUM 

(Via Remote Video Conference) 

Chapford Specialty Finance LLC and Chapford Credit Opportunities Fund LP 

(collectively, “Chapford”), by and through undersigned counsel, pursuant to Federal Bankruptcy 

Rule 2004 and Local Rule 2004-1, gives notice of the examination of KRISTEN NOEL ZANKL 

under oath on Wednesday, July 6, 2022 at 10:00 a.m. (EDT) via Veritext Legal Solutions Remote 

Video Conference, upon oral examination, before a Notary Public or other officer authorized by 

law to administer oaths. 

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. Note: Any parties planning on 

attending should contact our office prior to the examination to ensure that the examination has 

not been rescheduled to another date.

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

recorded by stenographic means before a court reporter or any officer duly authorized by law to 

administer oaths and record testimony via video conferencing call platform. The scope of the 

examination shall be as described in Bankruptcy Rule 2004. 

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NOTICE IS FURTHER GIVEN that the undersigned reserves the right to conduct this 

examination utilizing the secure web-based deposition option afforded by Veritext or in the 

alternative video teleconferencing (VTC) services offered by Veritext (“Web Deposition”) or 

telephonically only to provide remote access for those parties wishing to participate in the 

examination via the internet and/or telephone. Also, take notice that the court reporter may also be 

remote via one of the options above for the purposes of reporting the proceeding and may or may 

not be in the presence of the examinee. Please contact the noticing attorney at least five (5) calendar 

days prior to the examination to advise that it is your desire to appear via this remote participating 

means so that the necessary credentials, call-in numbers, testing and information, if necessary, can 

be provided to you prior to the examination. In addition, we reserve the right to utilize instant 

visual display technology such that the court reporter’s writing of the proceeding will be displayed 

simultaneously to their writing of same on one’s laptop, desktop, iPad, tablet or other type of 

display device connected to the court reporter. 

Court reporting and video services will be provided by Veritext. 

Pursuant to Local Rule 2004-1 no order shall be necessary. 

The Examinee is further directed to produce pursuant to Local Rule 2004-1(D), as provided 

under Fed. R. Civ. P. 45(a)(1)(C), as adopted by Fed. R. Bankr. P. 9016, all of the documents 

described on Exhibit A for inspection and copying to undersigned counsel on or before June 24, 

2022 at 5:00 p.m. (EDT). 

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 

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CERTIFICATE OF SERVICE 

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

June 8, 2022, via the Court’s Notice of Electronic Filing upon Registered Users listed on the 

attached Exhibit 1 and served via Regular U.S. Mail upon the parties listed on the Manual 

Notice List. 

By: /s/James C. Moon

James C. Moon, Esq. 

Florida Bar No. 938211 

jmoon@melandbudwick.com 

MELAND BUDWICK, P.A. 

3200 Southeast Financial Center 

200 South Biscayne Blvd. 

Miami, Florida 33131 

Telephone: (305) 358-6363 

Facsimile: (305) 358-1221 

Counsel Chapford Specialty Finance LLC 

Chapford Credit Opportunities Fund LP 

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EXHIBIT A 

DEFINITIONS 

1. “Bankruptcy Case” shall mean the bankruptcy case filed pursuant to chapter 7 of 

the United States Bankruptcy Code by EXCELL AUTO GROUP, INC., Case No. 22-12790-EPK 

pending in the Southern District of Florida, West Palm Beach Division. 

2. “Chapford” shall mean Chapford Specialty Finance LLC and Chapford Credit 

Opportunities Fund LP, collectively. 

3. “Communication” means any oral or written statement, dialogue, colloquy, 

discussion or conversation, and also means any transfer of thoughts or ideas between persons by 

means of documents and includes any transfer of data from one location to another by electronic 

or similar means. 

4. “Control” means in your possession, custody or control or under your direction, 

and includes in the possession, custody or control of those under the direction of you or your 

employees, subordinates, counsel, accountant, consultant, expert, parent or affiliated corporation, 

and any person purporting to act on your behalf. 

5. “Debtor” shall include EXCELL AUTO GROUP, INC., and/or any person acting 

on behalf of the Debtor, and any principal, attorney, paralegal, or other person or entity, currently 

or formerly employed by, retained by or affiliated with Debtor who performed services in 

connection with the Debtor’s bankruptcy case. 

6. “Document(s)” or “Writing(s)” shall be deemed to include every record of every 

type, and is used in the broadest sense and includes any medium upon which intelligence or 

information can be recorded and further includes, but is not limited to, all originals, nonidentical 

copies and drafts of the following items, whether printed, handwritten, typed, recorded, or stored 

on any electromagnetic storage device, or reproduced by hand, including without limitation 

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correspondence, memoranda, invoices, receipts, records, ledger cards or other accounting records, 

voucher, check, shop order, diary, calendar, instruction, summaries of personal conversations or 

interviews, minutes or records of meetings or conferences, transcripts, opinions or reports of 

consultants, projections, drafts, contracts, agreements, confirmations, statistical statements, 

studies, telegrams, telexes, books, notes, reports, logs, diaries, tape recordings, video cassettes and 

data compilations from which information can be obtained, charts, photographs, notebooks, 

drawings, plans, printed materials of any kind, charts and interoffice communications, and any 

other writing of whatever description, including but not limited to any information contained in 

any computer, or represented by a computer program, signed or unsigned, regardless of whether 

approved, signed, sent, received, redrafted, or executed, study, work paper, handwritten note, draft, 

demand, chart, paper, print, laboratory record, drawing sketch, diagram, form, graph, index, list, 

tape, photograph, microfilm, data sheet, data processing card, or any other written, recorded, 

transcribed, punched, taped, filmed, or graphic matter, however produced and reproduced. 

7. “Evidencing” means having a tendency to show, prove or disprove. 

8. “KPB” shall mean Karma of Palm Beach, Inc. d/b/a Karma Palm Beach. 

9. “Including” shall mean including but not limited to. 

10. “Materials” shall mean all “Documents”, “Writings”, “Agreements”, and 

“Communications” as those terms are defined herein. 

11. “McLaren” shall mean that certain 2014 McLaren P1, VIN: 

SBM12ABA2EW000085. 

12. “Person” refers to any natural person, individual, proprietorship, partnership, 

corporation, association, organization, joint venture, business trust or other business enterprise, 

governmental body or agency, or governmental, public, legal or business entity, or group of natural 

persons or other entities whether sui juris or otherwise. 

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13. “Related to” or “relating to” shall mean directly or indirectly, refer to, reflect, 

describe, pertain to, arise out of or in connection with, or in any way legally, logically, or factually 

be connected with the matter discussed. 

14. “Representative” means any and all agents, employees, servants, officers, directors, 

attorneys, or other persons acting or purporting to act on behalf of the person in question. 

15. “Trustee” means Nicole Testa Mehdipour, solely in her capacity as chapter 7 trustee 

of the estate of the Debtor. 

16. “Vehicle” shall mean the 2019 Lamborghini Aventador, VIN: 

ZHWUM6ZD5KLA08766. 

17. The words “and” and “or” as used herein shall be construed either disjunctively or 

conjunctively as required by the context to bring within the scope of these requests any answer 

that might be deemed outside their scope by another construction. 

18. “You” and “your” refers to the Person (as defined herein) to whom this request is 

addressed, including his/her/its employees, agents, servants, subsidiaries, parent company, 

affiliated company, and other persons acting or purporting to act on your behalf, including your 

Representative (as defined below). 

INSTRUCTIONS 

19. This request incorporates by reference and is governed by Bankruptcy Rules 7030 

and 7034 and the Local Rule 2004-1. 

20. You are to furnish all information available to you, your accountants, agents or 

other representatives and employees, or any information subject to your custody or control, in 

answering the document requests herein. 

21. Unless otherwise agreed, all documents produced shall be originals and in the form 

that they are maintained in the ordinary course of business. 

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22. All references to any Person (as defined below) includes his/her/its employees, 

agents, servants, subsidiaries, parent company, affiliated company and any other person or entity 

or Representative (as defined below) acting or purporting to act on behalf or under his/her control. 

23. As used herein, the singular shall include the plural, the plural shall include the 

singular, the past tense shall include the present and the present tense shall include the past, so as 

to bring into the scope of definitions and document requests all matters which by any other 

construction would fall outside their scope. 

24. These requests encompass all documents in the responding party’s custody, 

possession or control, whether or not such documents were prepared by or for such responding 

party. Where knowledge, information or documents in the responding party’s possession, custody 

or control are requested or inquired of, such request or inquiry includes knowledge, information 

or documents in the possession, custody or control of each of responding party’s employees, 

agents, accountants, attorneys, auditors, representatives and any other individuals or entities from 

whom the responding party could obtain documents. 

25. If any information required to be produced in response to any request is withheld 

because you claim such information is privileged or is contained in a privileged document, please 

respond as fully as otherwise possible with all nonprivileged documents in whole or part and 

identify the following with respect to each such document: 

(a) the nature of the privilege which is being claimed; 

(b) the type of document; 

(c) the general subject matter of the document; 

(d) the date of the document; 

(e) the author of the document; 

(f) the addressee of the document; and 

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(g) where not apparent, the relationship of the author to the addressee. 

26. If any document to be produced has been destroyed or is otherwise incapable of 

production, state: (a) the date, place and means of the destruction; (b) the name and address of 

each person deciding upon, participating in and having knowledge of the destruction; (c) the reason 

for the destruction; and (d) if not destroyed, the reason why the document is incapable of 

production. 

27. When producing the documents, please keep all documents segregated by the file 

in which the documents are contained and indicate the name of the file in which the documents 

are contained and the name of the documents being produced. 

28. When producing the required documents, please produce all other documents that 

are clipped, stapled or otherwise attached to any requested document. 

29. In the event such file(s) or document(s) has (have) been removed, either for the 

purpose of this action or for some other purpose, please state the name and address of the person 

who removed the file, the title of the file and each subfile, if any, maintained within the file, and 

the present location of the file. 

30. This request is continuing and any document obtained or located subsequent to the 

production which would have been produced had it been available or its existence known at the 

time is to be supplied forthwith. 

RELEVANT TIME PERIOD 

Unless otherwise indicated, the time period relevant to these requests is January 1, 2021, 

to the present. 

DOCUMENT REQUESTS 

1. All documents or communications in your possession, custody or control related to 

the Vehicle or the McLaren. 

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2. All documents or communications in your possession, custody or control between 

you, your agents, employees or representatives and any non-debtor third party in which the Vehicle 

or the McLaren is mentioned or referenced, including without limitation any documents or 

communications related to the purchase, sale, lease, transfer, transport or storage of the Vehicle or 

the McLaren. 

3. All documents or communications in your possession, custody or control between 

you, your agents, employees or representatives and Mauricio Gaudino, Johanna Gaudino and/or 

any agent, employee or representative of DEALER WHOLESALE GROUP LLC regarding the 

Vehicle. 

4. All documents or communications in your possession, custody or control between 

you, your agents, employees or representatives and any agent, employee or representative of 

LUXURY AUTO COLLECTION EAST and/ or LUXURY AUTO COLLECTION LLC 

regarding the Vehicle. 

5. All documents or communications in your possession, custody or control between 

you, your agents, employees or representatives and any agent, employee or representative of 

LUXURY LEASE PARTNERS LLC regarding the Vehicle or the McLaren. 

6. All documents or communications in your possession, custody or control between 

you, your agents, employees or representatives any agent, employee or representative of AUTO 

WHOLESALE OF BOCA, LLC, including without limitation Moshe Farache, regarding the 

Vehicle or the McLaren. 

 

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Electronic Mail Notice List

The following is the list of parties who are currently on the list to receive email notice/service 

for this case. 

 Joaquin J Alemany joaquin.alemany@hklaw.com, jose.casal@hklaw.com 

 Paul A Avron pavron@bergersingerman.com, 

efile@bergersingerman.com;efile@ecf.inforuptcy.com;mmorgan@bergersingerman.com 

 Zachary J Bancroft zbancroft@bakerdonelson.com, 

sdenny@bakerdonelson.com,bkcts@bakerdonelson.com 

 Eyal Berger eyal.berger@akerman.com, jeanette.martinezgoldberg@akerman.com 

 Stephen C Breuer stephen@breuer.law, 

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

 Alan R Crane acrane@furrcohen.com, 

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

 Mitchell A Dinkin mdinkin@madlegal.net, lucyd@madlegal.net 

 G Steven Fender steven.fender@fender-law.com, simone@fenderbollingpaiva.com 

 Travis A Harvey tharvey@bakerdonelson.com 

 Dana L Kaplan dana@kelleylawoffice.com, 

cassandra@kelleylawoffice.com;debbie@kelleylawoffice.com;craig@kelleylawoffice.co

m;kelleycr75945@notify.bestcase.com;scott@kelleylawoffice.com 

 Mark A Levy mark.levy@brinkleymorgan.com, 

sandra.gonzalez@brinkleymorgan.com;brinkleymorganecf@gmail.com 

 James Randolph Liebler jrlii@lgplaw.com, mkv@lgplaw.com 

 Nathan G Mancuso ngm@mancuso-law.com 

 David B Marks brett.marks@akerman.com, charlene.cerda@akerman.com 

 Nicole Testa Mehdipour nicolem@ntmlawfirm.com, 

cm_ecf_service@ntmlawfirm.com;atty_mehdipour@bluestylus.com;cmecfservice@gmai

l.com;mehdipournr85783@notify.bestcase.com 

 Nicole Testa Mehdipour Trustee@ntmlawfirm.com, 

TRUSTEE_CMECF_Service@ntmlawfirm.com;FL80@ecfcbis.com;ntm@trustesolution

s.net;BCasey@ntmlawfirm.com 

 James B Miller bkcmiami@gmail.com 

 James C. Moon jmoon@melandbudwick.com, 

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

nnenbaum@ecf.courtdrive.com;phornia@ecf.courtdrive.com 

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

 John E Page jpage@slp.law, 

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

e.com 

 Eric S Pendergraft ependergraft@slp.law, 

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

Exhibit 1

Case 22-12790-EPK Doc 149 Filed 06/08/22 Page 10 of 11
 Hampton Peterson legalservices@PBCTax.com 

 Jordan L Rappaport office@rorlawfirm.com, 1678370420@filings.docketbird.com 

 David A Ray dray@draypa.com, 

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

 Ivan J Reich ireich@nasonyeager.com, msmith@nasonyeager.com 

 Jason S Rigoli jrigoli@furrcohen.com, rrivera@furrcohen.com;staff1@furrcohen.com 

 Harry J Ross hross@hjrlaw.com, jerri@hjrlaw.com 

 John D. Segaul john@segaul.com, 

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

 Zach B Shelomith zbs@lss.law, info@lss.law;zshelomith@ecf.inforuptcy.com 

 Bradley S Shraiberg bss@slp.law, 

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

 Eric J Silver esilver@stearnsweaver.com, 

jless@stearnsweaver.com;fsanchez@stearnsweaver.com;cgraver@stearnsweaver.com;mf

ernandez@stearnsweaver.com 

 David R. Softness david@softnesslaw.com 

 Christian Somodevilla cs@lss.law, info@lss.law;cs@ecf.courtdrive.com 

 Peter D Spindel peterspindel@gmail.com, peterspindelcmecf@gmail.com 

 Mark E Steiner MES@lgplaw.com, pm@lgplaw.com 

 Aaron A Wernick awernick@wernicklaw.com, 

awernick@ecf.courtdrive.com;crubin@wernicklaw.com;dkariotis@wernicklaw.com;mla

verriere@wernicklaw.com 

 Paul E Wilson pwilson@paulwilsonesq.com 

 Harry Winderman harry4334@hotmail.com, 

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

 Thomas G Zeichman tzeichman@bmulaw.com, G67999@notify.cincompass.com 

Manual Notice List 

The following is the list of parties who are not on the list to receive email notice/service for this 

case (who therefore require manual noticing/service). 

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 

Scott Zankl 

16937 Pierre Circle 

Delray Beach, FL 33446 

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