UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

IN RE:

VICTOR R. GABUARDI, CASE NO. 21-21148-BKC-LMI

Debtor. CHAPTER 7

_________________________________/

CREDITORS, TREVOR TAYLOR, ANA CORDERO

AND PATRICIO CORDERO’S THIRD AGREED EX PARTE

MOTION TO ENLARGE THE TIME TO FILE OBJECTIONS TO GLOBAL 

DISCHARGE AND DISCHARGEABILITY OF THE CREDITORS’ SPECIFIC DEBTS 

Creditors, Trevor Taylor, Ana Cordero, and Patricio Cordero (“TCC Creditors”) file their 

third agreed ex parte motion pursuant to Fed.R.Bankr.P. 4004(b), 4007(c) and 9006(b) and Local 

Rule 9013-1(C)(1) and (6) to enlarge the time for the TCC Creditors to file a complaint objecting

to Debtor’s discharge and/or the dischargeability of specific debts owed to the TCC Creditors, 

("Agreed Motion for Enlargement"). 

SUMMARY OF RELIEF SOUGHT

1. The Agreed Motion for Enlargement includes an approximately 120-day 

enlargement period with the agreement of the Debtor to enable the TCC Creditors to work with 

the Trustee to review and consider additional document production from the Debtor, as well as 

certain third party document production being requested by the Trustee. 

2. This ongoing discovery effort follows the TCC Creditors’ recent Rule 2004 

Examination Duces Tecum of the Debtor, which raised various issues and included the Debtor’s 

invocation of his 5th amendment rights in respect to the Debtor’s schedules listing debts owed to 

the TCC Creditors and other notable issues being reviewed by the TCC Creditors and the Trustee. 

3. The basis for this agreed 120-day extension is the Debtor’s acknowledgment that 

the discovery sought is being handled by a third party (the Trustee) (ECF Nos. 30 and 33) and 

much of the document production sought will be provided by other third parties such as insurance 

companies, cell phone carriers, etc., which the timing of such production is beyond the direct 

control of the TCC Creditors, the Trustee and the Debtor. 

Case 21-21148-LMI Doc 44 Filed 07/11/22 Page 1 of 6
RELEVANT BACKGROUND

3. On November 24, 2021 (the “Petition Date”) the Debtor commenced this case by 

filing a voluntary Chapter 7 petition under the Bankruptcy Code. Mr. Drew M. Dillworth was 

appointed as the Chapter 7 Trustee. 

4. The Debtor listed the TCC Creditors on his bankruptcy schedules on account of 

certain pending litigation. 

3. By prior order of this Court, the current deadline for the TCC Creditors to file a 

complaint objecting to the Debtor’s discharge or as to the dischargeability of specific debts owed 

to the TCC Creditors is July 29, 2022 (ECF No. 25). 

5. On April 8, 2022, the TCC Creditors took the Rule 2004 Examination Duces Tecum 

of the Debtor (ECF No. 22). During the examination, the Debtor confirmed he owed debts to the 

TCC Creditors as listed in the Debtor’s initial schedules. The Debtor admitted he established a 

company that received some of the TCC Creditors’ monies on their home construction projects via 

the project contractor and sub-contractor. The Debtor attested he was without any knowledge if 

his own company had any employees, did any work, or had any invoices for any such work, for 

which the Debtor apparently was asked by a third party individual to open up this company to 

receive and kick back monies from construction projects, including on home construction projects 

funded by the TCC Creditors who were among the victimized homeowners. The Debtor then 

invoked his 5

th Amendment right against self-incrimination when asked to describe the basis and 

amount of such debts. 

6. Following up on the Debtor’s examination, the Debtor agreed to provide certain 

additional categories of documents that were discussed during the Rule 2004 examination and 

recognized the TCC Creditors would need to request, obtain and review certain third party 

document production. The Debtor has provided certain additional documents while others remain 

outstanding, which some of the supplemental documents contradict the Debtor’s testimony under 

oath. However, the Debtor then also removed the TCC Creditors as being owed any debt on the 

Debtor’s amended schedules (ECF No. 27). 

Case 21-21148-LMI Doc 44 Filed 07/11/22 Page 2 of 6
7. Because of the TCC Creditors’ updated procedural status in this bankruptcy case, 

the TCC Creditors then conferred with the Trustee on a backstop agreement to support the 

bankruptcy estate’s efforts to obtain the outstanding discovery including those from third parties 

which may impact the potential administration of the estate and the Debtor’s ability to discharge 

some, all or none of his debts. 

8. On May 19, 2022, the Trustee filed his motion to approve an agreement with the 

TCC Creditors to backstop the estate’s coordinated discovery efforts (ECF NO. 30), and such 

motion was approved by the Bankruptcy Court on June 17, 2022 (ECF No. 35). The TCC Creditors 

have conferred with the Trustee as to certain third party discovery requests, and the Trustee is in 

the process of issuing such third party production requests (See, e.g., ECF Nos. 39-42). 

9. The TCC Creditors believe that such third party discovery efforts could take 60-90 

days to be addressed and have documents produced by such third parties, and additional discovery 

may be needed from those parties or other third parties. And some time will be needed for review 

of the documents and to confer with the Trustee and potentially the Debtor regarding same. 

RELIEF REQUESTED

10. Undersigned counsel has spoken to counsel for the Debtor and has been advised 

that the Debtor has agreed to extend the deadline for the TCC Creditors to consider filing a 

complaint objecting to the Debtor’s discharge and/or the dischargeability of specific debts owed 

to the TCC Creditors for approximately 120 days until and through November 30, 2022, and 

consents to the form of order attached as Exhibit A. 

11. As such, this Agreed Motion for Extension is being sought on an ex parte basis 

pursuant to Local Rule 9013-1(C)(1) and (6), and the deadlines under Rule 4004 (b) and 4007(c)

may be extended under Rule 9006(b), as this Agreed Motion for Enlargement is being filed prior 

to such deadlines.

Case 21-21148-LMI Doc 44 Filed 07/11/22 Page 3 of 6
WHEREFORE, the TCC Creditors request this Court to (i) enter an order substantially in 

the form attached hereto as Exhibit A extending the deadline for the TCC Creditors to consider 

filing a complaint objecting to the Debtor’s discharge or the dischargeability of specific debts owed 

to the TCC Creditors until and through November 30, 2022; and (ii) grant such other and further 

relief as this Court deems just and proper. 

KOZYAK TROPIN & THROCKMORTON, L.L.P

Counsel for TCC Creditors, Trevor Taylor, Ana 

Cordero, and Patricio Cordero

2525 Ponce De Leon, 9th Floor

Miami, Florida 33134

Tel: (305) 372-1800

Fax: (305) 372-3508

E-Mail: das@kttlaw.com

By: /s/ David A. Samole___

 David A. Samole

 Florida Bar No. 582761

 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on July 11, 2022, I electronically filed the Agreed Motion for 

Extension with the Clerk of the Court using CM/ECF, that the Motion is being served this day via 

transmission of Notice of Electronic Filing generated by CM/ECF on all counsel of record 

(including Debtor’s counsel) or pro se parties who are authorized to receive electronically Notices 

of Electronic Filing in this bankruptcy case.

 By: /s/ David A. Samole

 David A. Samole

Case 21-21148-LMI Doc 44 Filed 07/11/22 Page 4 of 6
EXHIBIT “A”

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

IN RE:

VICTOR R. GABUARDI, CASE NO. 21-21148-BKC-LMI

Debtor. CHAPTER 7

_________________________________/

AGREED ORDER GRANTING

CREDITORS, TREVOR TAYLOR,

ANA CORDERO AND PATRICIO CORDERO’S

THIRD AGREED EX PARTE MOTION TO ENLARGE

THE TIME TO FILE OBJECTIONS TO GLOBAL DISCHARGE AND 

DISCHARGEABILITY OF THE CREDITORS’ SPECIFIC DEBTS (ECF NO. XX)

On July 11, 2022, Creditors, Trevor Taylor, Ana Cordero, and Patricio Cordero (“TCC 

Creditors”) filed their third agreed ex parte motion pursuant to Fed.R.Bankr.P. 4004(b), 4007(c) 

Case 21-21148-LMI Doc 44 Filed 07/11/22 Page 5 of 6
and 9006(b) and Local Rule 9013-1(C)(1) and (6) to enlarge the time for the TCC Creditors to file 

a complaint objecting to Debtor’s discharge and/or the dischargeability of specific debts owed to 

the TCC Creditors ("Agreed Motion for Enlargement"). The Debtor agrees to the timely relief 

being sought in the Agreed Motion for Enlargement, and this form of Order. Therefore, it is –

ORDERED as follows:

1. The Agreed Motion for Enlargement is GRANTED.

2. The deadline for the TCC Creditors to file a complaint objecting to the 

Debtor’s discharge or the dischargeability of specific debts owed to the TCC Creditors is 

extended through November 30, 2022.

3. This Order is without prejudice to further requests for extension upon 

good cause being shown by the TCC Creditors.

 ###

Submitted by: David A. Samole, Esq.

Kozyak Tropin & Throckmorton, L.L.P.

2525 Ponce De Leon, 9th Floor

Miami, Florida 33134

Telephone: 305-372-1800

Facsimile: 305-372-3508

E-mail: das@kttlaw.com

Copies furnished to:

David A. Samole, Esq.

[Attorney Samole is directed to serve copies of this order on all interested parties and to file a 

certificate of service]

Case 21-21148-LMI Doc 44 Filed 07/11/22 Page 6 of 6