UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

www.flsb.uscourts.gov 

In re: 

 Case No. 21-21790-LMI 

IVAN POLLS, 

 Chapter 7 

 Debtor. 

 / 

NOTICE OF BANKRUPTCY RULE 2004 

EXAMINATION DUCES TECUM OF DEBTOR 

 Soneet Kapila, the Chapter 7 Trustee (“Trustee Kapila”) of the bankruptcy estate of Ivan 

Polls (“Debtor”), by and through undersigned counsel, will examine the following person under 

oath via ZOOM platform, at the date and time indicated below: 

EXAMINEE DATE AND TIME 

Ivan Polls March 8, 2022 at 10:00 a.m. 

 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 Examinee is required to produce the documents requested on Schedule A on or 

before 4:00 p.m., March 1, 2022 at STEARNS WEAVER MILLER WEISSLER ALHADEFF &

SITTERSON, P.A., 150 West Flagler Street, Suite 2200, Miami, FL 33130. 

The examination is pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure 

and Local Rule 2004-1, and will be taken before an officer authorized to record the testimony, 

which will be recorded stenographically. The scope of the examination shall be as described in 

Bankruptcy Rule 2004. Pursuant to Local Rule 2004-1, no order shall be necessary. If the 

Examinee requires an interpreter, it is the Examinee’s responsibility to engage the employment 

of such interpreter to be present at the examination. 

 

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Dated: February 16, 2022. 

Respectfully submitted, 

/s/ Eric J. Silver 

 ERIC J. SILVER 

 Florida Bar Number 057262 

 esilver@stearnsweaver.com 

 STEARNS WEAVER MILLER 

 WEISSLER ALHADEFF & SITTERSON, P.A. 

 Museum Tower Building, Suite 2200 

 150 West Flagler Street 

 Miami, Florida 33130 

 Telephone: (305) 789-3200 

 Facsimile: (305) 789-2688 

 Counsel to Trustee Kapila 

cc: OUELLETTE & MAULDIN, Court Reporters 

1550 Madruga Ave. 

Suite 333-Kendar Building 

Coral Gables, FL 33146 

 

INTERESTED PARTIES SHOULD CONTACT THE ATTORNEY 

FOR TRUSTEE YIP IN ORDER TO CONFIRM THE DATE AND 

TIME OF THE EXAMINATION. 

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SERVICE LIST 

Case No.: 21-21790-LMI 

United States Bankruptcy Court, Southern District of Florida 

The following parties are registered to receive Notice of Electronic Filing and should have been 

served through CM/ECF. 

 Soneet Kapila 

 trustee@kapilaco.com, 

ecf.alert+Kapila@titlexi.com

Trustee 

Office of the US Trustee 

USTPRegion21.MM.ECF@usdoj.gov

Robert Sanchez 

court@bankruptcyclinic.com, 

r51375@notify.bestcase.com

Counsel for Debtor 

 

The following parties were served via First Class Mail. 

Ivan Polls 

6465 W 12th Avenue 

Hialeah, FL 33012-6446

 

 

 

 

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SCHEDULE “A” 

DEFINITIONS 

1. “Bankruptcy Case” means this Chapter 7 bankruptcy case styled In re Ivan Polls, 

Case No. 21-21790-LMI. 

2. “Bankruptcy Code” means the United States Bankruptcy Code, 11 U.S.C. §§ 101 

et seq., as amended. 

3. “Bankruptcy Court” means the United States Bankruptcy Court for the Southern 

District of Florida. 

4. “Communications” means any transmittal of information by any means or any 

response thereto by any means. 

5. “Concerning” means, directly or indirectly, in whole or in part, containing, 

constituting, contradicting, controverting, corroborating, demonstrating, describing, discussing, 

disputing, embodying, evidencing, identifying, memorializing, mentioning, pertaining to, 

proving, rebutting, recording, refuting, referring to, reflecting, relating to, showing, 

substantiating, summarizing, supporting, arising out of or in connection with, or in any way 

legally, logically, or factually connected with. 

6. “Debtor” means Ivan Polls. 

7. “Document” means any writing, recording, electronically stored information, 

photograph, or other tangible or intangible thing from which information may be obtained or 

derived, including, without limitation: original or exact copies of any tangible written, typed, 

printed, electronic, photographed, or other form of recorded or graphic matter of every kind or 

description, however produced or reproduced, whether mechanically or electronically recorded, 

draft, final, original, reproduction, signed or unsigned, regardless of whether approved, signed, 

sent, received, redrafted, or executed, and whether handwritten, typed, printed, photostatted, 

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duplicated, carbon or otherwise copied or produced in any other manner whatsoever. Without 

limiting the generality of the foregoing, “document” shall include communications, 

correspondence, letters, telegrams, telexes, mailgrams, e-mails, text messages, instant messaging 

records or logs, calendars, diaries, memoranda (including interoffice memoranda, intraoffice 

memoranda, memoranda for files, and memoranda of telephone, meeting, or other 

conversations), notes or notations, minutes, booklets, books, drawings, graphs, charts, telephone 

records, telephone messages, voicemail messages, video cassettes, electronic tapes, microfilms, 

discs or other recordings, computer programs, printouts, data cards, studies, analysis and other 

data compilations from which information can be obtained. Copies of documents which are not 

identical duplications of the original, or which contain additions to or deletions from the 

originals, or copies of documents which are identical duplications of the originals if the originals 

are not available, shall be considered to be separate documents. The term also refers to and 

includes all metadata associated with the subject document. 

8. “Person” means the singular or plural natural person, corporation, partnership, 

association, organization, government (including all instrumentalities, officers, agents, and 

subdivisions thereof), and all other business, legal, or artificial entities. 

9. “Petition Date” means December 16, 2021. 

10. “Request” means a request contained in the SPECIFIC REQUESTS section, infra. 

11. “You” or “Your” means Debtor. 

INSTRUCTIONS 

1. The documents covered by the Requests include all documents in your 

possession, custody, or control, regardless of whether such documents or materials are possessed 

directly by you or your professionals, advisors, directors, officers, partners, associates, 

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subsidiaries, affiliates, successors, accountants, investigators, managers, members, shareholders, 

representatives, employees, attorneys, agents, third party cloud providers, and any other persons 

or entities acting on your behalf or under your control. 

2. Each Request shall be deemed to be continuing in nature. If at any time 

additional documents come into your possession, custody, or control or are brought to your 

attention, prompt supplementation of your response to the Requests is required. 

3. Documents shall be produced in the manner in which they are maintained in the 

usual course of the business. The documents shall be organized and labeled to correspond with 

the categories in the Requests. Each Request for a document shall be deemed to include a 

request for any and all file folders within which the document was contained, transmittal sheets, 

cover letters, exhibits, enclosures, or attachments to the document, in addition to the document 

itself. 

4. Documents shall be produced in such fashion as to identify the department, 

branch, or office in which they were located and, where applicable, the natural person in whose 

possession it was found and the business address of each document’s custodian(s). Each page 

produced in response to these Requests shall be stamped with a unique prefix, or otherwise 

identified, such that the source of each page or document produced is apparent. At a minimum, 

the entity producing the document shall be apparent. 

5. As to any document requested but withheld based on your assertion of any 

privilege or immunity, please set forth: (i) the title of the document; (ii) the type of document 

(e.g., letter, note, memorandum, etc.); (iii) the date of the document; (iv) the subject matter of the 

document; (v) the identities of all persons who authored the document, or assisted in its 

preparation, or in whose name the document was prepared; (vi) the identities of all persons to 

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whom the document was addressed; (vii) the identities of all other persons to whom the 

document was sent, or who received, have seen, have had possession or custody of, or have had 

disclosed to them the contents of, the document or any copies thereof; and (viii) sufficient 

information regarding the grounds for withholding the document to explain the claim of privilege 

or immunity. 

6. If any document requested herein has been destroyed or lost, provide in lieu of the 

true and correct copy thereof a description of the document so lost or destroyed, together with 

the following information: (i) the date of the document; (ii) a brief description of the document; 

(iii) the author of the document; (iv) the date upon which the document was destroyed or lost; 

and (v) a brief statement regarding the manner in which the document was lost or destroyed. 

7. Documents attached to each other shall not be separated. 

8. Any word written herein in the singular shall be construed as plural or vice versa 

as necessary in order to bring within the scope of the Request all documents that might otherwise 

be construed to be outside its scope. 

9. The terms “and” as well as “or” shall be construed disjunctively or conjunctively 

as necessary to bring within the scope of the Request all documents that might otherwise be 

construed to be outside its scope. 

10. The terms “all” and “each” shall be construed as “all and each.” 

11. If any copy of any document for which production is sought, whether a draft or a 

final version, is not identical to any other copy thereof, by reason of alterations, notes, 

comments, initials, underscoring, indication of routing or other material contained thereon or 

attached thereto, such non-identical copy shall be produced separately. 

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12. If you consider any term in any Request to be vague or capable of more than one 

meaning, identify the meaning you are ascribing to such term, then respond to the Request as 

construed with such word given such meaning. 

13. Each Request shall be construed independently. No Request should be construed 

by reference to any other Request for the purpose of limiting the scope of response to such 

Request unless stated otherwise. 

RELEVANT TIME PERIOD

Unless otherwise stated, the “Relevant Time Period” for the Requests is December 2017 

through the Petition Date. 

ELECTRONICALLY STORED INFORMATION 

The Requests call for the production of electronically stored information (“ESI”) and ESI 

shall be produced in native form. In searching for electronic documents responsive to these 

Requests, you shall search for all such electronic documents regardless of the form in which the 

document exists or the location in which it is stored. Among other places, you shall search for 

electronic documents stored on all servers, networks, hard drives, desktop computers, notebook 

computers, personal digital devices, all back-up storage tapes, and with any third party cloud 

providers. 

SPECIFIC REQUESTS 

Please produce the following documents for the Relevant Time Period: 

1. Your Federal Income Tax returns for the past three calendar years. 

2. All bank statements, canceled checks (and related items including a computer 

generated check registers), wire transfer details, and related items. 

3. Any financial statements You issued to any person. 

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4. Lease agreements. 

5. Automobile titles. 

6. Patents, trademarks, or other intellectual property. 

7. Closing statements for the purchase or sale of any real estate. 

8. Insurance policies. 

9. Appraisals for any asset You own or owned. 

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