UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

www.flsb.uscourts.gov 

In re: 

ROBERT W. SZOSTAK 

 Debtor. 

Chapter 7 

Case No. 22-11098-MAM 

 / 

SIXTH AGREED EX PARTE MOTION TO EXTEND TIME TO OBJECT 

TO DISCHARGEABILITY OF DEBT PURSUANT TO 11 U.S.C. § 523 AND 

TO DISCHARGE PURSUANT TO 11 U.S.C. § 727 

 Creditors, MicroBilt Corporation and Princeton Alternative Funding, LLC 

(together, the “Creditors”), through undersigned counsel, pursuant to 11 U.S.C. § 523 and 11 

U.S.C. § 727, with the consent of the Debtor, respectfully requests entry of a sixth agreed ex parte

order permitting an additional thirty (30) days in which to object to dischargeability of debt 

pursuant to 11 U.S.C. § 523 and/or for objection to discharge pursuant to 11 U.S.C. § 727, 

Bankruptcy Rules 4004 and 4007, and Local Rule 9013-1(C)(1) and 9013-1(C)(6), and in support 

thereof, states: 

1. The original deadline to commence an adversary proceeding to object to debtors’ 

discharge or the dischargeability of any debt was June 27, 2022, which was extended to July 27, 

2022; again to August 31, 2022; again to September 30, 2022; again to October 31, 2022; again to 

January 5, 2023, pursuant to the Court’s entry of Orders [ECF Nos. 48, 53, 56, and 63] granting 

the Agreed Ex Parte Motion to Extend Time to Object to Dischargeability of Debt Pursuant to 11 

U.S.C. § 523 and to Discharge Pursuant to 11 U.S.C. § 727 (the “First Agreed Motion”) [ECF No. 

47]; the Second Agreed Ex Parte Motion to Extend Time to Object to Dischargeability of Debt 

Pursuant to 11 U.S.C. § 523 and to Discharge Pursuant to 11 U.S.C. § 727 (the “Second Agreed 

Case 22-11098-MAM Doc 75 Filed 12/14/22 Page 1 of 8
Motion”) [ECF No. 51]; the Third Agreed Ex Parte Motion to Extend Time to Object to 

Dischargeability of Debt Pursuant to 11 U.S.C. § 523 and to Discharge Pursuant to 11 U.S.C. 

§ 727 (the “Third Agreed Motion”) [ECF No. 55]; the Fourth Agreed Ex Parte Motion to Extend 

Time to Object to Dischargeability of Debt Pursuant to 11 U.S.C. § 523 and to Discharge Pursuant 

to 11 U.S.C. § 727 (the “Fourth Agreed Motion”) [ECF No. 61]; and, following a hearing on 

November 8, 2022, the Fifth Agreed Ex Parte Motion to Extend Time to Object to Dischargeability 

of Debt Pursuant to 11 U.S.C. § 523 and to Discharge Pursuant to 11 U.S.C. § 727 (the “Fifth 

Agreed Motion”) [ECF No. 66] respectively. 

2. As explained in the First Agreed Motion, Second Agreed Motion, Third Agreed 

Motion, Fourth Agreed Motion, and Fifth Agreed Motion Creditors filed a Notice of Rule 2004 

Examination [ECF No. 44] (the “2004 Notice”) seeking production of documents and examination 

of the Debtor, to which the Debtor raised informal objections and which objections have been 

resolved by the parties pursuant to an agreement limiting the scope of the examination given that 

“Creditors”/Interested Parties have been granted stay relief by agreement under the “Pending 

Proceedings” doctrine. Such agreement is reflected in an agreed motion for protective order 

limiting the scope of the Rule 2004 examination (the “Motion for Protective Order”) [ECF No. 

58]. The Motion for Protective Order was granted on September 12, 2022 (the “Protective Order”) 

[Doc. No. 59]. With the Protective Order now in place, the parties have been working to finalize 

an agreed timeline for completing the limited 2004 Exam and production of documents. 

3. Despite the parties’ best efforts to work to timely complete the limited 2004 Exam 

and production of documents, such efforts have been significantly hampered by forces beyond the 

parties’ immediate control. Since the inception of this bankruptcy case, counsel for the Debtor has 

changed law firms twice: from McLaughlin Stern to Lubell Rosen, LLC; and then from Lubell 

Case 22-11098-MAM Doc 75 Filed 12/14/22 Page 2 of 8
Rosen, LLC to counsel’s current law firm of Rappaport Osborne & Rappaport, PLLC. These 

moves have created delays in the ability for counsel to complete production of documents, which 

production is necessary prior to completing the limited 2004 Exam of the Debtor. Specifically, in 

addition to the expected logistical delay of changing law firms, counsel’s immediate past law firm 

has placed a hold on the documents responsive to the 2004 Exam and refused to make these 

available to the Debtor’s counsel, such that counsel to the Debtor has been unable to provide any 

documentation to Creditors’ counsel. The parties continue to work amicably together to resolve 

this delay, but are unlikely to do so ahead of the current deadlines. 

4. In consideration of the parties’ further cooperate efforts, Debtor has agreed to the 

extension of the 523 and 727 deadlines as requested by the Creditors. 

5. Creditors, with the consent of the Debtor, respectfully request an extension of thirty 

(30) days, or until February 6, 2023, to object to the Debtor’s discharge and/or to the 

dischargeability of any debt for the reasons enumerated above. 

6. The Debtor and his counsel have agreed to the requested relief pursuant to Local 

Rule 9013-1(C)(6). 

7. A proposed agreed ex parte order granting the relief requested is attached as 

required by Local Rule 5005-1(G)(1)(a). 

WHEREFORE, Creditors respectfully request entry of an Agreed Ex Parte Order

extending the deadlines for the filing of a complaint objecting to the dischargeability of certain 

debt pursuant to 11 U.S.C. § 523 and for filing a complaint objecting to debtor’s discharge pursuant 

to 11 U.S.C. § 727, for an additional thirty (30) days, or until February 6, 2023, and for such other 

relief as this Court deems appropriate.

Dated: December 14, 2022 Respectfully submitted, 

Case 22-11098-MAM Doc 75 Filed 12/14/22 Page 3 of 8
/s/ Alexis A. Leventhal 

Alexis A. Leventhal (Fla. Bar No. 108064) 

Reed Smith LLP 

225 Fifth Avenue, Suite 1200 

Pittsburgh, PA 15222 

Telephone: (412) 288-3131 

Facsimile: (412) 288-3063 

Email: aleventhal@reedsmith.com 

Counsel for MicroBilt Corporation and 

Princeton Alternative Funding, LLC

Case 22-11098-MAM Doc 75 Filed 12/14/22 Page 4 of 8
CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on December 14, 2022, a copy of the foregoing was 

electronically filed with the Court using the CM/ECF system, which sent notification to all 

parties of interest who are participating in the CM/ECF system, and by First Class U.S. mail 

to all parties on the attached mailing service list. 

/s/ Alexis A. Leventhal 

Alexis A. Leventhal 

First Class U.S. Mailing List: 

Robert W. Szostak 

3191 S Dixie Hwy, Apt 515 

West Palm Beach, FL 33405-1596 

Case 22-11098-MAM Doc 75 Filed 12/14/22 Page 5 of 8
EXHIBIT A 

Case 22-11098-MAM Doc 75 Filed 12/14/22 Page 6 of 8
[PROPOSED ORDER] 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

www.flsb.uscourts.gov 

In re: 

ROBERT W. SZOSTAK, 

Debtor. 

Case No. 22-11098-MAM 

Chapter 7 

/ 

SIXTH AGREED ORDER GRANTING CREDITOR MICROBILT CORPORATION 

AND PRINCETON ALTERNATIVE FUNDING, LLC’S SIXTH AGREED EX PARTE

MOTION TO EXTEND TIME TO OBJECT TO DISCHARGEABILITY OF DEBT 

PURSUANT TO 11 U.S.C. § 523 AND TO DISCHARGE PURSUANT TO 11 U.S.C. § 727 

[ECF NO. ] 

THIS MATTER came before the Court, ex parte, without a hearing, upon the Sixth Agreed 

Ex Parte Motion to Extend Time to Object to Dischargeability Pursuant to 11 U.S.C. § 523 and 

Discharge Pursuant to 11 U.S.C. § 727 [ECF No. ] (the “Motion”) filed by Creditors MicroBilt 

Case 22-11098-MAM Doc 75 Filed 12/14/22 Page 7 of 8
- 2 -

Corporation and Princeton Alternative Funding, LLC (together, the “Creditors”) and the Court, 

having considered the Motion, noting that the Debtor has agreed to the requested relief, it is hereby 

ORDERED: 

1. The Motion is Granted.

2. The time within which Creditors may file a complaint objecting the dischargeability

of certain debt pursuant to 11 U.S.C. § 523, and/or for objecting to Debtors’ discharge pursuant to 

11 U.S.C. § 727, is hereby extended to February 6, 2023. 

### 

Submitted by: 

Alexis A. Leventhal (Fla. Bar No. 108064) 

Reed Smith LLP 

225 Fifth Avenue, Suite 1200 

Pittsburgh, PA 15222 

Telephone: (412) 288-3131 

Facsimile: (412) 288-3063 

Email: aleventhal@reedsmith.com 

Attorney Leventhal is directed to serve a copy of this order on all interested parties within three

(3) days of entry and to file a certificate of service thereon.

Case 22-11098-MAM Doc 75 Filed 12/14/22 Page 8 of 8