DITECH FINANCIAL LLC VS UV CITE LLC ET AL, 2019-016785-CA-01, Doc-36-Answer (Fla. 11th Cir. Ct. Jul. 16, 2019) (2024)

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`Wi,hou,
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`Wi,hou,
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`Wi,hou,
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`Wi,hou,
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`Knowledge.
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`Knowledge.
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`Knowledge.
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`Knowledge.
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` Denied.
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`Without
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`Knowledge.
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` Denied.
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`Wi,roo,
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`Krowledge.
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`Krowledge.
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`Krowledge.
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`Krowledge.
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`Krowledge.
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`Krowledge.
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`Krowledge.
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`Wi,roo,
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`Wi,roo,
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`Wi,roo,
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`Wi,roo,
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`Wi,roo,
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`Wi,roo,
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`FIRST AFFIRMATIVE DEFENSE
`
`PLAINTIFF IS STATUTORILY BARRED FROM TAKING
`
`ANY ACTION AGAINST THE DEFENDANT PURSUANT TO 11 U.S.C. §727
`
`
`
`
`The Plain,i
`is barred
`from pursuing this action
`
`l8.
`
`pursuant
`
`
`
`
`
`to Ll U.S.C. §727.
`
`19.
`
`On September 9, 2009,
`
`
`the Defendant was granted a
`
`
`Bankruptcy Discharge pursuant
`
`to ll U.S.C. §727.
`
`
`
`
`
`20.
`
`
`
`The Bankruptcy Discharge prohibits any attempt
`
`to
`
`
`
`
`collect from the Defendant a debt that has been
`
`
`
`
`discharged. Specifically,
`
`
`
`
`the Dlainti” is
`
`
`
`
`
`
`
`
`prohibited from contacting the Defendant by mail,
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`phone, or o therwise,
`
`to
`
` file a lawsuit,
`
`or to take
`
`
`
`

`

`any action to collect
`
`a discharged debt
`
`
`from the
`
`
`
`A copy 0? the
`
`
`3ankr
`
` Defendant.
`
`
` at
`
`tached hereto as
`
` De
`fendant's
`
`Discharge is
`
`thcy
` Exhibit
`
`"1."
`
`SECOND AFFIRMATIVE DEFENSE
`
`PLAINTIFF IS STATUTORILY BARRED FROM FILING THIS
`
`ACTION AGAINST THE DEFENDANT PURSUANT TO 11 U.S.C. §362
`
`21.
`
`22.
`
`
`
`
`
`
`is statJtorily barred :rom bringing
`The Plainti
`
`this action pursuant
`
`to 11 U.S.C. §362.
`
`
`
`
`On February 24, 2018 the Defendant filed a petition
`
`
`
`
`
`:or relie: under Chapter 13 of the United States
`
`
`
`
`
`
`Bankruptcy Code.
`
`
`
`
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`The Plainti” received notice of this bankruptcy
`
`23.
`
`proceeding.
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`
`
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`A copy of the NOtice o: Rankruptcy
`
`
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`mailed to the Plainti
`is at
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`
`
`
`
`tached hereto as
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`
`
` Defendant's
`
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`Exhibit
`
`"2."
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that on July 16,
`
`
`
`the
`copy on
`joregoing was
`
` furnished
`
`2019 a
`
`true and correct
`
`{allinan
`
` Diamond
`
`to Phelan
`
`
`& Jones, PLLC, 1501
`
`FLService@Phelan
`
`{allinan.com Via the
`
`Clerk's e-service document delivery system.
`
`Mark S.
`Steinberg P.A.
`
`
`
`9100 South
`Dadeland Sou‘evard
`Suite 1607
`
`Miami, Flo
`
`Telephone.
`
`rida 33156
`(305) 67 —00 5
`
`§305) 67 —00 7
`Facfimile
`g?
`
`
`Respect:fully submitted by:
`
`f
`
`
`
`
`

`

`EXHIBIT " l "
`
`

`

`Form canas (enema)
`
`
`
`A. day Cristal
`United States Bankruptcy Judge
`
`United States Bankruptcy Court
`Southern District of Florida
`‘
`www.flsb.uscou_rts.gov
`
`Case Number: 09—20424—AJC
`
`Chapter: 7
`
`In re: *
`
`Susan Giro
`aka Susan Giro—Veiazquez
`1614 SE 16th St.
`Homestead. FL 33035
`
`Last four digits 9! SSNiiTiN 0r Campiete EEN:—
`
`DISCHARGE OF DEBTOR(S)
`
`it appearing that the debtor is entitled to a discharge,
`
`IT is ORDERED:
`
`“(Eire d)ebtor is granted a discharge under section 727 of titte 11. United States Code, (the Bankruptcy
`
`ode .
`
`SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION.
`
`Copies to: All Parties of record
`
`‘ Set forth all names. including trade names. used by the debtar(s) within the test 8 years. Forjoint debtors, set forth the last four digits of both
`social—security numbers or individual taxpayer—identification numbers (tTlN) or complete employer tax—identification numbers (EIN).
`
`Page 1 of2
`
`049355
`
`35311049404015
`
`

`

`EXPLANATION OF BANKRUPTCY DISCHARGE
`‘ IN A CHAPTER '7 CASE
`
`This court order grants a discharge to the pe1s0n(s) named as the debtor(s). It1s not a dismissal of the case and
`it does not determine how much money, if any, the trustee will pay to creditors
`
`Eli
`
`I'
`
`[III
`
`ill!
`
`12 ”.1
`
`The discharge prohibits any attempt to collect firom the debtor(s) a debt that has been discharged. F111 example,
`a creditor'is not permitted to contact a debtor by mail, phone, or otherwise to tile 01' continue a lawsuit, to attach
`wages or other property, or to take any other action to collect a discharged debt from the debtor(s). [In a case
`involving community property: There are also special rules that piotect ce1lair1 community ptoperty owned by the
`debtor‘s spouse, even if that spouse did not fiie a bankruptcy case ] A creditor who violates this o1der can be 1'equi1ed
`to pay damages and attorney'5 fees to the debtor.
`
`However, a creditor may have the right to enforce a valid lien, such as a mortgage 01' security intelest, against
`the debtor(s)' property after the bankruptcy, if that lien was not avoided or eliminated1n the bankruptcy case. Also, a
`debtor may voluntarily pay any debt that has been discharged.
`
`W T
`
`he chapter 7 discharge order eliminates a debtor's iegai obligation to pay a debt that is discharged. Most, but
`not all, types of debts are discharged if the debt existed on the date the bankmptcy case was filed. (If this case was
`begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts
`cured when the bankruptcy case was converted.)
`
`Winged.
`
`Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are:
`
`a. Debts for most taxes;
`b. Debts incurred to pay nondischargeable taxes;
`
`0. Debts that are domestic support obligations;
`
`d. Debts for most student ioans;
`
`e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations;
`
`f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft
`while intoxicated;
`
`3. Some debts which were not properly iisted bv the debtor;
`
`h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not
`discharged;
`
`i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in
`compliance with the Bankruptcy Code requirements for reaffirmation of debts; and
`
`j. Debts owed to certain pension, profit sharing, stock bonus, other retirement pians, 01 to the Tluift Savings
`Plan for federal employees for certain types of loans from these plans
`
`This information is oniy a general summary of the bankruptcy discharge. There are exceptions to these
`general rules. Because the law is complicated, you maywant to consult an attorney to determine the exact
`effect of the discharge in this case.
`
`# # 111‘
`
`Page 2 of 2
`
`049355
`
`35311049404015
`
`

`

`cemzs (9/19/08)
`
`
`
`A. Jay Cristal
`United States Bankruptcy Judge
`
`
`United States Bankruptcy Court
`Southern District of Florida
`www.flsb.uscourts.gov
`
`Case Number: 09—»20424—AJC
`
`Chapter: 7
`
`In re;
`
`(Debtor(s) name(s} used by the debtor(s) in the last 8 years, including married, maiden, and trade)
`
`Susan Giro
`aka Susan Ghee-Velazquez
`1614 SE 16th St.
`Homestead, FL 33035
`
`SSN:—
`
`FINAL DEGREE
`
`The trustee, Drew M Dillworth, having filed a final report that the estate has been fuiiy administered. is
`discharged and the case is ctosect.
`
`033277
`
`36909033310012
`
`

`

`EXHIBIT "2 "
`
`

`

`r
`Cast , 18nl§2131~thii
`
`{Dec 13
`
`Filed 03i81i18
`
`Pa .e 1 of 5
`
`.
`In re;
`Susan Giro
`Debtor
`
`United States Bankruptcy Court
`Southern District of Florida
`
`Y
`,
`CERTlFlCATE 0F NOTICE
`
`Case Nos 18n12131nLMI
`Chapter 13
`
`District/vff: 113C—1
`
`User: rodriguez
`Form ID: 3091
`
`Page 1 of 2
`Total Noticed: 26
`
`Date Rcvd: Feb 27, 2018
`
`was sent t3 the follvwing persons/ent
`
`
`
`ies by the Bankruptcy Noticing Center on
`
`Notice by first class mai
`Mar 01, 20l8.
`db
`tr
`94413689
`94413699
`94413700
`94413704
`94413703
`94413707
`94413708
`
`
`Apartment 506,
`Mfami, FL 33156-8305
`7270 S:W~ 89 Street,
`+susan Giro,
`
`FOB 279806, Miramar, FL 3302779806
`www.ch13miam .com,
`+Nancy k. Neidich,
`San Francisco, CA 94104—0720
`+Affiru lnc.,
`POB 720,
`
`Sioux Fa ls, SD 57117-5097
`+F' st National Credit Card,
`FOR 5097,
`
`
`‘st National Credit Card/Legacy,
`+
`500 East 60th St North,
`Sioux Falls, SD 57104—0478
`+PayPal Credit,
`105658, Atlanta, GA 30348-5658
`PO
`+Payoff lnc.,
`3200 Park Center Dr,
`Costa Mesa, CA 92626—1979
`+Visa Dept Store National Bank,
`Attn: Bankruptcy,
`PCB 8053,
`+Visa Dept Store National Bank,
`POE 8218,
`Mason, OH 45040—8218
`
`Mason, OH 45040u8053
`
`
`
`Notice by electronic trans
`sion was sent to tie fol owing persons/entities by tie Bankruptcy Noticing Center.
`
`
`E-mail/TexL: cmecf1000@gmail.com Feb 20 2018 00:58:59
`Mark S. Steinberg, Esq,
`aty
`9100 South Dadeland Blvd.,
`Suite 1607, Miami, FL
`33156
`Ell: FLDEPREV:COM Feb 28 2018 05:48:00
`Florida Department of Revenue,
`
`'sion,
`Bankruptcy Di
`1 llhassee, FL
`3231476618
`+E-mail/Text: UST.Region21.MM:ECF@usdoj:gov Feb 28 2018 00:59:25
`51 S.W. 1st Ave.,
`Suite 1204,
`Miami, FL 331307161
`+E/l: RMSC:COM Feb 28 2018 05:48:00
`Synchrony Bank,
`PO Box 41021,
`Norfolk, VA 23541—1021
`+E-mail/Text: backoffice@affirm:com Feb 28 2018 01:00:13
`FL 7,
`San Francisco, CA 9410773618
`+F/l: CAPTTALONE:COM Feb 28 2018 05:48:00
`Salt Lake Cit_, UT 8413070281
`+ED1: CAPITALONE.COM Feb 28 2018 05:48:00
`Attn: General Correspondence/Bankruptcy,
`
`+3DI: MERRICABANK.COM Feb 28 2018 05:48:00
`Old Bethpage, NY 11804-9001
`+EDl: WFNNB.COM Feb 28 2018 05:48:00
`Columbus, OH 43218u2125
`+3DI: WFNNB.COM Feb 28 2018 05:48:00
`'
`DISCOVER.COM Feb 28 2018 05:48 00
`
`
`
`iington, DE 19850
`TSCOVER.COM Feb 28
`
`
`18 05 48:00
`Discover FinanCiai SeIVices,
`D
`
`
`
`PCB 6668,
`
`Office of the US Trustee,
`
`c/o PRA Receivables Management, LLC,
`
`Affirm lnc:,
`
`633 Folsom St,
`
`Capital One,
`
`PCB 30281,
`
`Capital One,
`Salt Lake City, UT 84130u0285
`PCB 30285,
`Cardworks/CW Nexus,
`PCB 9201,
`
`Comenity Bank,
`
`Attn: Bankruptcy,
`
`POE 182125,
`
`POB 182789,
`Comenity Bank,
`Discover Financial Ser'ices,
`
`Columbus, OH 4321_—2789
`PO
`1531
`
`
`
`
`
`
`
`
`smg
`
`ust
`
`cr
`
`91413690
`
`94113692
`
`91413691
`
`9/113653
`
`91/13694
`
`9/113695
`9#11697
`
`9&113696
`
`
` 91413702
`
`94(13705
`
`91413706
`
` 1b.com Feb 28 2018 00:59:51
`
`Ste 300,
`
`‘ancisco, CA 9410572985
`+ED1: MERRTCKBANK.COM Feb 28 2018 05:48:00
`Dallas, TX 75266—07‘2
`+E/l: RMSC:COM Feb 28 2018 05:48:00
`Orlando, FL 32896—5060
`+ED1: RMSC.COM Feb 28 2018 05:48:00
`
`Synchrony Bank,
`
`Synchrony Bank,
`
`Merrick Bank,
`
`POB 660702,
`
`
`
`Lending Club Corp.,
`
`71 Stevenson St,
`
`Attn: Bankruth”,
`
`POB 965060,
`
`PCB 965015,
`
`Orlando, FD 32896—5015
`TOTAL- 17
`
` O
`
`NONL
`
`***** BYPASSED RECIPIENTS *****
`
`1
`Addresses marked ’+’ were corrected by inserting the ZIP or replacing an incorrect ZIP.
`USPS regulations require that automationucompatible mail
`isplay the correct ZIP.
`m
`.__
`
`iransmission times for electronic delivery are Eastern Time zone.
`
`1, Joseph S eetjens, declare under the penalty ofgerjury that l have sent the attached document to the above listed entities in the manner
`shown, an prepared the Certificate of Notice an that it is true and correct to the best of my information and belief
`
`Meeting ol'Creditor Notices only (Official Form 309): Pursuant to Fed. R. Bank. P. 21ll32(a)( 1), a notice containing the com fete Social
`Security Number (SSN) of the dehtor(s) was fumished to all parties listed. This official court copy contains the redacted S ‘N as required
`by the Bankruptcy rules and the Judiciary“ privacy policies.
`
`Date: Mar (ll , 2018
`
`Signature:
`
`.I’s/Jose 3}] S eet'ens
`
`CMIECF NOTlCl-Z 0F ELECTRONlC FILING
`
`

`

`(A x) r
`CT”? , 18«12131~L?‘fl§
`
`{1306 13
`
`Fiied 03ffili’18
`
`Pa 9 Z G? 5
`
`User: rodrlguez
`Form ID: 3091
`
`Date Rcvd:
`
`The f
`syste
`
`. L
`
`.
`
`.
`
`':e through the court’s CM
`‘ r"ie: were sent h
`
`at the address(es) Listed below:
`.zrg, Erq
`on behalf of Debtor Susan Giro cmecf1000@gmail~cvm,
`fy.bes:
`s
`
`ecfZOchleiami~com
`Nancy K~ Neidich
`CB
`.
`. mi.com,
`Offrce of the US Trustee
`U TPRegion21.MM.ECF@usdoj.gov
`
`(Email
`
`Tflmn?
`
`

`

`r
`CF23 , 18«12131~LMl
`
`{DOC 13
`
`Filed 03i81i18
`
`Pa re 3 (El 5
`
`Susan Giro
`FirstName
`
`Middle Name
`
`LastName
`
`Debtor 2
`(Spouse, :ffiring)
`
`F
`
`tName
`
`Middle Name
`
`Last Name
`
`Social Security number or lTlN _
`
`Social Security number or lTlN
`
`18—12131—LlVll
`
`United States Bankruptcy Court Southern District of Florida
`Case number:
`
`Date case filed for chapter 13 2/24118
`
`Notice of Chapter 13 Bankruptcy Case
`
`For the debtors listed above, a case has been filed under chapter 13 of the Bankruptcy Code.
`This notice has important information about the case for creditors, debtors, and trustees, including information about
`the meeting of creditors and deadlines. Read both pages carefully.
`The filing of the case imposed an automatic stay against most collection activities. This means that creditors generally may not take action to collect debts
`from the debtors, the debtors' property, and certain codebtors. For example, while the stay is in effect. creditors cannot sue, garnish wages, assert a
`deficiency, repossess property, or otherwise try to collect from the debtors. Creditors cannot demand repayment from debtors by mail, phone, or
`otherwise. Creditors who violate the stay can be required to pay actual and punitive damages and attorney's fees. Under certain circ*mstances. the stay
`may be limited to 30 days or not exist at all, although debtors can ask the court to extend or impose a stay.
`Confirmation of a chapter 13 plan may result in a discharge. Creditors who assert that the debtors are not entitled to a discharge under it U.S.C. §
`1328(t) must file a motion objecting to discharge in the bankruptcy clerk's office within the deadline specified in this notice. Creditors who want to have
`their debt excepted from discharge may be required to file a complaint in the bankruptcy clerk's office by the same deadline. (See boxes 8 and 12 below
`for more information.)
`You may want to consult an attorney to protect your rights. The bankruptcy clerk's office staff cannot give legal advice.
`To help creditors correctly identify debtors, debtors must submit full Social Security or individual Taxpayer identification Numbers, which may
`appear on a version of this notice. However, the full numbers must not appear on any document filed with the court.
`Do not file this notice with any proof of claim or other filing in the case. Do not include more than the last four digits of a Social Security or
`individual Taxpayer identification Number in any document, including attachments, that you file with the court.
`WARNING TO DEBTOR: Debtors must commence plan payments within 30 days of filing the chapter 13 petition or conversion to chapter 13.
`Without further notice or hearing the court may dismiss your case for failure to timely pay filing fee installments, failure to appear at the
`meeting of creditors or failure to be current with plan payments at the time of the meeting of creditors, and for failure to file a pro-bankruptcy
`certification of credit counseling or file wage documentation. The case may also be dismissed or converted at the scheduled confirmation
`hearing ifthe court denies confirmation of the pending plan under 11 U.S.C. § 1325 and denies a request made for additional time for filing
`another lan or a modification of a tan.
`
`1.. Debtor's Full Name
`
`About Debtor 1:
`Susan Giro
`
`About Debtor 2:
`
`.
`2. All Other Names Used
`in the Last 8 Years
`
`3. Address
`
`Debtor's Attorney
`.
`A
`(or Pro oe Debtor)
`Name and address
`
`Bankruptcy Trustee
`Name and address
`
`G ~vr
`fk s
`”0
`e azquez
`3 use“
`7270 SW. 89 Street
`Apartment 506
`Miami, FL 33155
`
`Mark 3- Steinberg Esq
`9100 South Dadeland Ellvd.
`Suite 1607’
`Miami, FL 33156
`
`Nancy K. Neidich
`vvwwch13miamicom
`POB 279806
`Miramar, FL 33027
`
`Contact phone soswer‘r—oms
`
`Contact phone 954-443~4402
`
`
`
`Bankruptcy Clerk's
`US Bankruptcy Court
`-
`-
`..
`.
`301 North Miami Avenue] Room150
`Divrswnal Office Where
`M-
`' FL 33128
`Assigned Judge is
`Farm,
`Chambered
`Documents filed conventionally in paper may be filed at any bankruptcy clerk's office location.
`Documents may be viewed in electronic format via CM/ECF at any clerk's office public terminal
`(at no charge for viewing) or via PACER on the internet accessible at wwwpaceizgov (charges
`will apply). Case filing and unexpired deadline dates can be obtained by calling the Voice Case
`information System toll-free at (866) 222—8029. As mandated by the Department of Homeland
`Security, ALL visitors (except minors accompanied by an adult) to any federal building or
`courthouse, must present a current, valid, government issued photo identification (eg. drivers'
`license, state identification card. passport, or immigration card.)
`
`“MEETENG OF CREDiTORS**
`
`Hours open 8:30 am. - 4:00 pm.
`.
`_
`Contact phone (305) 714 1800
`
`Note: The clerk's office is closed on all legal
`holidays.
`
`Clerk of Court: Josegh Falzone
`Dated: 2/271‘18
`
`Debtors must attend the meeting to be A 'l 5 2018 t 10 30 AM
`questioned under oath. in a joint case,
`on
`a
`E
`both spouses must be present with
`5
`- required original government-issued
`photo identification and proof of social The ”‘89th may be continued'or adjoumed
`security nun1ber<orifapplicablexTax
`to a later date. if so, the date Will be on the
`lD). Creditors may attend, but are not
`court docket.
`required to do so.
`
`_
`** LQCATlON.
`
`Claude Pepper Federal Bldg, 51 SW
`First Ave Room 102 Miami FL 33130
`’
`’
`
`Local Form 309! USBC SDFl. (*I‘I‘17)
`
`Notice of Chapter 13 Bankruptcy Case
`
`For more information, see page 2
`page i
`
`

`

`r
`CF23 , 18«12131~Ll‘i’ll
`
`{DOC 13
`
`Filed 03ifili18
`
`Pa is 4 of 5
`
`Debtor Susan Giro
`
`Case number 18—12131-LME
`
`Filing deadline: 5/4/18
`
`Deadline to file a complaint to challenge
`3- Deadlines
`The bankruptcy clerk's office dischargeability of certain debts:
`must receive these
`documents and any required
`glingfllee WV??? followiiitg t
`ea mes'
`.
`ii ”19.3 9 er 0
`the court orjudge is not
`sufficient.
`
`You must file:
`°
`a motion ifyou assert that the debtors are
`not entitled to receive a discharge under
`U g (t
`q 1228(1) or
`' " r
`‘
`“
`a complaint if you want to have a particular
`debt excepted from discharge under
`ll U.S.C. § 523(a‘)(2) or (4‘).
`
`ii
`
`
`
`Deadline for all creditors to file a proof of claim
`(except governmental units):
`Deadline for governmental units to file a proof of
`claim:
`
`Filing deadline: 5/7/13
`
`Filing deadline: 8’23!”
`
`When Filin Proofs 0f
`Deadlines for Filing Proof of Claim:
`Qlélflli if the dabtar lS “Qt
`A proof of claim is a signed statement describing a creditor's claim. A proof of claim form may be obtained at
`represented by an attorneyi
`vwvwflsbuscouitsgov or any bankruptcy clerk’s office. if you do not file a proof of claim by the deadline. you
`you must serve copies of the
`might not be paid on your claim. To be paid, you must file a proof of claim even if your claim is listed in the
`proof of claim including all
`schedules that the debtorfiled. if this is a converted case proofs of claim filed under the initial chapter shall be
`deemed filed and need not be refiled.
`‘
`EttgcRgfinEegrli—toieéidggfgr' Via Secured creditors retain rights in their collateral regardless of whether they file a proof of claim. Filing a proof of
`i
`,
`.
`claim submits the creditor to the jurisdiction of the bankruptcy court, with consequences a lawyer can explain.
`3OQ2"1(E). Claims may be
`For example, a secured creditor who files a proof of claim may surrender important nonmonetary rights,
`delivered or mailed to the
`including the right to a jury trial.
`clerk's office. Creditors with
`internet access have the
`option to uqe the electronic
`.
`.
`.
`claims filing program on the
`court website at
`
`Filing Deadline for a Creditor with a Foreign Address: The deadlines for filing proofs of claim in this notice
`apply to all creditors. if you are a creditor receiving a notice mailed to a foreign address, you may file a motion
`asking the court to extend the deadline to file a proof of claim. See also box 10 below.
`
`VWV‘N-fle-“SCOVHS' 0" to
`Eleptmmcally file a proof Of
`Clalm.
`
`Deadline to Object to Exemptions:
`The law permits debtors to keep certain property as exempt. Fully
`exempt property will not be sold and distributed to creditors.
`Debtors must file a list of property claimed as exempt. if you
`believe that the law does not authorize an exemption that the
`debtors claim, you may file an objection.
`
`The bankruptcy clerk’s office must receive the objection by
`the deadline to object to exemptions.
`
`Filing deadline:
`
`30 days after the
`conclusion of the
`meeting of creditors, or
`within 30 days of any
`amendment to the list
`of supplemental
`schedules, unless as
`otherwise provided
`under Bankruptcy Rule
`1019(2)(B) and Local
`Rule 4003—103) for
`converted cases.
`
`_ Filing of Plan and Hearing
`on Confirmation
`
`A copy of the debtor’s filed plan is enclosed. The hearing on confirmation will be held on:
`5/3/18 at 01:30 PM, at c. Clyde Atkins us. Courthouse, 301 North Miami Avenue, Courtroom 3, Miami, Fl.
`33128
`
`Deadline to Object to
`Confirmation
`
`At the confirmation hearing on the plan, the court will consider all timely objections to confirmation and any filed
`motions to dismiss or convert the case. Except for objections to confirmation based on valuation of collateral in
`the plan or objections to attorney fee claims, objections to confirmation of the plan must be in writing and
`filed no later than 14 days prior to the date first scheduled for hearing on confirmation, see Local Rule
`3015-3(B)(1).
`
`Attorne Fee Claims
`
`Attorne fee anlications and ob'ections to attorne fees shall be heard at the confirmation hearinn.
`
`10. Creditors with a Foreign
`Address
`
`Consult an attorney familiar with United States bankruptcy law if you have any questions about your rights in
`this case.
`
`_ Filing a Chapter 13
`Bankruptcy Case
`
`_ Discharge of Debts
`
`Chapter 13 allows an individual with regular income and debts below a specified amount to adjust debts
`according to a plan. A plan is not effective unless the court confirms it. You may object to confirmation of the
`plan and appear at the confirmation hearing. A copy of the plan is included with this notice and the confimation
`hearing will be held on the date shown in box 9 of this notice. The debtor will remain in possession of the
`-roert 'and ma continue to coerate the business, if an , unless the court orders otherwise.
`
`Confirmation of a chapter 13 plan may result in a discharge of debts, which may include all or part of a debt.
`However, unless the court orders otherwise, the debts will not be discharged until all payments under the plan
`are made. A discharge means that creditors may never try to collect the debt from the debtors personally except
`as provided in the plan. if you want to have a particular debt excepted from discharge under 11 U.S.C. §
`523(a)(2) or (4), you must file a complaint and pay the filing fee in the bankruptcy clerk's office by the deadline.
`If you believe that the debtors are not entitled to a discharge of any of their debts under 11 U.S.C. § 13286), you
`must file a motion. See box 8 for deadlines. The discharge will not be issued until the Official Bankruptcy Form
`"Certification About a Financial Management Course" is filed by the debtor (unless the course provider filed a
`certificate of comletion of the financial manaement course on behalf of the debtor),
`
`. Optic“ to Receive Notices
`ServedbytheClerkby
`Email lnstead of by U S
`Mail
`_ Translating Services;
`
`1) EBN program open to all parties. Register at the 5th website ebnuscourtsgov OR 2) DeBhl program open
`0
`e ors on y.
`egis or y ring wr
`e
`or 0
`cu , oca
`orm e ors
`edues o
`eceive
`tdbt
`l
`R
`t
`b fl
`thth Cl
`k fC rtL
`lF
`"D bt
`' R
`tt R
`Electronically Under DeBN Program". There is no charge for either option. See also Local Rule 9036-1(B) and
`(3’
`Language interpretation of the meeting of creditors will be provided to the debtor at no cost, upon request to the
`trustee, through a telephone interpreter sen/ice. Persons with communications disabilities should contact the
`U.S. Trustee's office to arran _e fortranslatin services at the meetin of creditors.
`
`

`

`r
`C33 , 18«12131~L?\fli
`
`{306 133 Wed 03i81i18
`
`Loca! Form 309! USBC SDFL
`
`Notice 43f Chapter 13 Bankruptcy Case
`
`