UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

Miami Division

IN RE: CASE NO. 19-17664-LMI

TIMOTHY E. SALLY CHAPTER 13

SSN: XXX-XX-6751

Debtor.

_________________/

AMERICAN INVESTMENT SERVICES, LLP.

OBJECTION TO CONFIRMATION OF DEBTOR’S

CHAPTER 13 PLAN 

AMERICAN INVESTMENT SERVICES, LLP. (“Secured Creditor”) by and through 

undersigned counsel, files this Objection to confirmation of Debtor’s Chapter 13 Plan, and in 

support thereof states as follows:

1. On June 10, 2019, Timothy E. Sally (“Debtor”) commenced this bankruptcy 

case by filing a petition for relief under Chapter 13.

2. The Secured Creditor holds a security interest in Debtor’s real property located 

at 1841 N.W. 67th Street, Miami, FL 33147 (the “Property”), by virtue of a 

Mortgage which is recorded in Official Records Book 25199 Page 1653 in the 

official records of Miami Dade County, Florida and re-recorded on January 31, 

2018, in Official Records Book 30848 Page 266, in the Public Records of Miami 

Dade County, Florida. 

3. The Secured Creditor will be filing a Proof of Claim.

4. Debtor’s Chapter 13 Plan (the “Plan”) seeks to modify Secured Creditor’s rights

under the subject loan documents. The Plan provides for Secured Creditor’s claim 

under the cramdown provisions.

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OBJECTION TO CRAMDOWN TREATMENT

5. Debtor’s proposed Plan seeks to modify Secured Creditor’s right under the 

subject loan documents. 

6. Debtor’s Plan is not confirmable until such time as the Debtor’s Motion to Value 

and Determine Secured Status of Lien on Real Property [DE 26] is resolved.

7. Secured Creditor not only disputes the Debtor’s contention that the fair market 

value of the Property is $105,000.00, but also objects to the proposed treatment of 

its security interest.

8. Secured Creditor objects to the proposed cramdown treatment reflected in the 

Plan. Secured creditor disputes the value proposed by the Debtor and requests an 

opportunity to conduct its own evaluation and appraisal of the Property. Secured 

Creditor requests that the Debtor produce a copy of the good faith appraisal 

exhibiting that the subject property is valued at the amount as alleged by the 

Debtor.

RESERVATION OF RIGHTS

9. The Plan fails to provide for Secured Creditor’s prepetition arrearages and fails 

to accurately state the correct total secured claim amount. Therefore, the Plan is 

not in compliance with requirements of 11 U.S.C. §1322(b)(3) and 11 U.S.C 

§1325(a)(5) and cannot be confirmed.

10. The Secured Creditor objects to the Plan and to any plan which proposes to 

pay anything less than the anticipated pre-petition arrearage over the life of the 

plan.

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11. The Secured creditor reserves the right to supplement this Objection at or prior 

to any hearings scheduled for confirmation.

12. The Secured Creditor has incurred additional attorney’s fees and costs and 

requests same for having to file this objection.

WHEREFORE, Secured Creditor respectfully requests the entry of an Order 

which denies confirmation of the Plan unless such plan is amended to overcome 

the objections of Secured Creditor as stated herein.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the Objection to confirmation of 

Debtors’ Chapter 13 Plan was served electronically or by mail on Nancy Neidich, Trustee, 

P.O. Box 279806, Miramar, FL 33027 and Maria Alvarez, Esq., Legal Services of Greater 

Miami, Inc., 4343 West Flagler Street #100, Miami, FL 33134 on August 28, 2019.

Respectfully Submitted,

SABRINA CHASSAGNE, P.A.

Attorney for Secured Creditor

 justice.one@earthlink.net

The White Building

Suite 208

One N.E. 2nd Avenue

Miami, FL 33132

Phone (305) 358-0005

By: s/Sabrina Chassagne

 Sabrina Chassagne

 Fla Bar No. 60682

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