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IN THE UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

In Re: Vanessa Chiu Bankruptcy No.: 21-21661-RAM

Chapter 13

Debtor(s).

______________________________/

ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR CONTEMPT 

AND COMPENSATORY AND PUNITIVE SANCTIONS FOR NON-COMPLIANCE 

WITH COURT ORDER AGAINST MEMORIAL HEALTHCARE SYSTEM

This action having come before this Court on May 17, 2022, at 9:00 AM upon the 

Debtor’s Motion for Contempt and Compensatory and Punitive Sanctions for Non-Compliance 

with Court Order Against Memorial Healthcare System (herein “Creditor”) [ECF#48; herein 

“Motion”], and the Court having heard the unopposed argument of Debtor’s counsel, 

IT IS ORDERED AND ADJUDGED as follows: 

1. The Motion is GRANTED in part and DENIED in part. 

2. The Court scheduled this hearing for 9:00 AM and at the initial uncontested motion 

calendar that was called by the Chapter 13 Trustee, Mr. Frank Rainer, General Counsel 

Robert A. Mark, Judge

_____________________________________________________________________________ United States Bankruptcy Court

ORDERED in the Southern District of Florida on May 18, 2022.

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for the Creditor, initially appeared and the matter was marked to be recalled for the 

Court. Upon the subsequently calling of the case by the Court, Mr. Rainer was not 

present. The Court waited until the end of the motion calendar to call the matter, but Mr. 

Rainer was still not present. 

3. Creditor is hereby held in contempt for failure to comply with Court Order [ECF#31]

which required the Creditor to pay $2,714.15 to the Debtor’s counsel. 

4. The Debtor’s counsel is awarded the $684.00 for the filing and serving of the underlying 

Motion [ECF#48] and is further awarded an additional three (3) hours of time at $425.00 

an hour for $1,275.00 for the preparation, attendance, and waiting for this matter to be 

recalled totaling $1,959.00 as compensatory damages. 

5. Creditor is directed to pay the original amount of $2,714.15 plus the $1,959.00 for a total 

of $4,673.15 payable to Jose A. Blanco, P.A., operating account, addressed to: 

Jose A. Blanco, P.A.

102 E 49th ST, 

Hialeah, FL 33013

6. Said total amount shall be paid by May 27, 2022.

7. Punitive damages sought in the Motion are hereby denied without prejudice to seek 

reconsideration. 

# # #

Attorney Jose A. Blanco, Esq. is hereby directed to serve a copy of this order upon all interested parties.

Respectfully Submitted By: 

Jose A. Blanco, Esq. FBN: 062449

Jose A. Blanco, P.A.

Attorney for Debtor(s)

102 E 49th ST

Hialeah, FL 33013,

Tel. (305) 349-3463

Fax: (786) 567-5057

jose@blancopa.com 

Case 1:22-cv-21673-DPG Document 1 Entered on FLSD Docket 06/01/2022 Page 5 of 7
IN THE UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

In Re: Vanessa Chiu Bankruptcy No.: 21-21661-RAM

Chapter 13

Debtor(s).

______________________________/

ORDER GRANTING MOTION FOR CONTEMPT AND SANCTIONS FOR 

VIOLATIONS OF THE AUTOMATIC STAY PURSUANT TO 11 U.S.C. SECTIONS 

105(A) AND 362(K) AGAINST MEMORIAL HEALTHCARE SYSTEM

This action having come before this Court on March 8, 2022, at 9:00 AM upon the 

Debtor’s Motion for Contempt and Sanctions Against Memorial Healthcare System [ECF#24; 

herein “Motion”], noting that service upon Memorial Healthcare System (herein “Creditor”) was 

proper, and the Court having heard the unopposed argument of Debtor’s counsel, 

IT IS ORDERED AND ADJUDGED as follows: 

1. The Motion is GRANTED. 

2. The Court finds that the Creditor violated the Automatic Stay by continuing post-petition 

collection efforts against the Debtor. 

Robert A. Mark, Judge

_____________________________________________________________________________ United States Bankruptcy Court

ORDERED in the Southern District of Florida on March 9, 2022.

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3. The Creditor shall cease all communication and collection efforts with the Debtor.

4. For the presentment and prosecution of the Motion, the Creditor shall pay the Debtor’s 

reasonable and fully earned attorney’s fees of $2,677.50 as well as actual costs of $36.65 

for a total sanction of $2,714.15. 

5. The Creditor shall make payment addressed to Jose A. Blanco, P.A., operating account, 

and directly payable to Debtor’s attorney’s firm at: 

Jose A. Blanco, P.A.

102 E 49th ST

Hialeah, FL 33013

6. Payment shall be received by the Debtor’s attorney within 21 days of the entry of this 

instant Order. 

7. The failure to cease communication and collection efforts or the failure to timely pay the 

above-ordered sanction, may lead to the imposition of further sanctions and potentially 

punitive sanctions. 

8. The Court shall retain jurisdiction of this Order to enforce the terms of this Order. 

# # #

Attorney Jose A. Blanco, Esq. is hereby directed to serve a copy of this order upon all interested parties.

Respectfully Submitted By: 

Jose A. Blanco, Esq. FBN: 062449

Jose A. Blanco, P.A.

Attorney for Debtor(s)

102 E 49th ST

Hialeah, FL 33013,

Tel. (305) 349-3463

Fax: (786) 567-5057

jose@blancopa.com 

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