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 UNITED STATES BANKRUPTCY COURT, SOUTHERN DISTRICT OF FLORIDA

www.flsb.uscourts.gov

CHAPTER 13 PLAN (Individual Adjustment of Debts)

■

Original Plan 

Amended Plan (Indicate 1st, 2nd, etc. Amended, if applicable)

1st Modified Plan (Indicate 1st, 2nd, etc. Modified, if applicable)

DEBTOR: Raymond Aviles, Jr. JOINT DEBTOR: CASE NO.: 19-17540-LMI

SS#: xxx-xx- 6251 SS#: xxx-xxI. NOTICES 

To Debtors: Plans that do not comply with local rules and judicial rulings may not be confirmable. All plans, amended plans 

and modified plans shall be served upon all creditors and a certificate of service filed with the Clerk pursuant to 

Local Rules 2002-1 (C)(5), 3015-1(B)(2), and 3015-2. Debtor(s) must commence plan payments within 30 days of 

filing the chapter 13 petition or within 30 days of entry of the order converting the case to chapter 13. 

 To Creditors: Your rights may be affected by this plan. You must file a timely proof of claim in order to be paid. Your claim may 

be reduced, modified or eliminated. 

 To All Parties: The plan contains no nonstandard provisions other than those set out in paragraph VIII. Debtor(s) must check one 

box on each line listed below in this section to state whether the plan includes any of the following:

The valuation of a secured claim, set out in Section III, which may result in a 

partial payment or no payment at all to the secured creditor Included ■ Not included

Avoidance of a judicial lien or nonpossessory, nonpurchase-money security interest, set 

out in Section III Included ■ Not included

Nonstandard provisions, set out in Section VIII Included ■ Not included

II. PLAN PAYMENTS, LENGTH OF PLAN AND DEBTOR(S)' ATTORNEY'S FEE

A. MONTHLY PLAN PAYMENT: This Plan pays for the benefit of the creditors the amounts listed below, including trustee's 

fees of 10%, beginning 30 days from the filing/conversion date. In the event the trustee does not retain the full 10%, any unused 

amount will be paid to unsecured nonpriority creditors pro-rata under the plan:

1. $1,689.14 for months 1 to 12 ;

2. $2,176.08 for months 13 to 60 ;

B. DEBTOR(S)' ATTORNEY'S FEE: NONE PRO BONO

Total Fees: $6775.00 Total Paid: $3975.00 Balance Due: $2800.00 

Payable $233.33 /month (Months 1 to 12 )

Allowed fees under LR 2016-l(B)(2) are itemized below:

$3500.00 Base Fee, $150.00 Base Costs, $2500.0 MMM, $100.00 MMM Costs+ $500.00 Motion to Modify + $25.00 Motion to Mod 

Costs =$6,775.00

Applications for compensation must be filed for all fees over and above the Court's Guidelines for Compensation.

III. TREATMENT OF SECURED CLAIMS

A. SECURED CLAIMS: NONE

[Retain Liens pursuant to 11 U.S.C. §1325 (a)(5)] Mortgage(s)/Lien on Real or Personal Property:

1. Creditor: US Bank, NA

 Address: c/o NewRez d/b/a 

Shellpoint Mortgage 

Servicing 

POB 10826 

Greenville, SC 29603

Last 4 Digits of 

Account No.: 9366

Arrearage/ Payoff on Petition Date

MMM Adequate Protection $1,685.00 /month (Months 1 to 12 )

MMM Adequate Protection $133.46 /month (Months 13 to 42 )

MMM TPP Temporary Payment $1,825.01 /month (Months 13 to 60 )

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Debtor(s): Raymond Aviles, Jr. Case number: 19-17540-LMI

Other: MMM Adequate Protection $1,685.00 x 12 = $20,220.00; TPP Starting July 1, 2020-$1,825.01 x 48 =$87,600.48

■ Real Property

■ Principal Residence

Other Real Property

Address of Collateral:

7960 SW 196 Terrace, Miami, FL 33189

Check one below for Real Property:

■ Escrow is included in the regular payments

The debtor(s) will pay taxes insurance directly

Personal Property/Vehicle 

Description of Collateral:

B. VALUATION OF COLLATERAL: ■ NONE

C. LIEN AVOIDANCE ■ NONE

D. SURRENDER OF COLLATERAL: Secured claims filed by any creditor granted stay relief in this section shall not receive a 

distribution fom the Chapter 13 Trustee.

NONE

The debtor(s) elect to surrender to each creditor listed below the collateral that secures the creditor’s claim. The debtor(s) 

request that upon confirmation of this plan the automatic stay be terminated in rem as to the debtor(s) and in rem and in 

personam as to any codebtor(s) as to these creditors.

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Other:

Name of Creditor Last 4 Digits of Account No. Description of Collateral (Address, Vehicle, etc.)

1. Wells Fargo Dealer Svc 3410 2012 Toyota Tacoma 

E. DIRECT PAYMENTS: Secured claims filed by any creditor granted stay relief in this section shall not receive a distribution 

fom the Chapter 13 Trustee.

NONE

The debtor(s) elect to make payments directly to each secured creditor listed below. The debtor(s) request that upon 

confirmation of this plan the automatic stay be terminated in rem as to the debtor(s) and in rem and in personam as to any 

codebtor(s) as to these creditors. Nothing herein is intended to terminate or abrogate the debtor(s)' state law contract rights. 

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Name of Creditor Last 4 Digits of Account No. Description of Collateral (Address, Vehicle, etc.)

1. Saga Bay property Owner's 

Association Inc.

3321 7960 SW 196 Terrace

IV. TREATMENT OF FEES AND PRIORITY CLAIMS [as defined in 11 U.S.C. §507 and 11 U.S.C. § 1322(a)(4)]

A. ADMINISTRATIVE FEES OTHER THAN DEBTORS(S)' ATTORNEY'S FEE: ■ NONE

B. INTERNAL REVENUE SERVICE: ■ NONE

C. DOMESTIC SUPPORT OBLIGATION(S): ■ NONE

D. OTHER: ■ NONE

V. TREATMENT OF UNSECURED NONPRIORITY CREDITORS

Pay $133.46 /month (Months 43 to 60 )

Pro rata dividend will be calculated by the Trustee upon review of filed claims after bar date.

B. ■ If checked, the Debtor(s) will amend/modify to pay 100% to all allowed unsecured nonpriority claims.

C. SEPARATELY CLASSIFIED: ■ NONE

*Debtor(s) certify the separate classification(s) of the claim(s) listed above will not prejudice other unsecured nonpriority 

creditors pursuant to 11 U.S.C. § 1322.

VI. EXECUTORY CONTRACTS AND UNEXPIRED LEASES: Secured claims filed by any creditor/lessor granted stay relief in this 

section shall not receive a distribution from the Chapter 13 Trustee.

■ NONE

VII. INCOME TAX RETURNS AND REFUNDS: ■ NONE

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Debtor(s): Raymond Aviles, Jr. Case number: 19-17540-LMI

VIII. NON-STANDARD PLAN PROVISIONS ■ NONE

/s Raymond Aviles Jr. Debtor

Raymond Aviles, Jr. Date

June 29, 2020

Attorney with permission to sign on 

Debtor(s)' behalf

/s Christina A. Fiallo, Esq. 

Date

June 29, 2020

Joint Debtor

Date

PROPERTY OF THE ESTATE WILL VEST IN THE DEBTOR(S) UPON PLAN CONFIRMATION. 

 

I declare that the foregoing chapter 13 plan is true and correct under penalty of perjury. 

By filing this document, the Attorney for Debtor(s) or Debtor(s), if not represented by counsel, certifies that the wording and

order of the provisions in this Chapter 13 plan are identical to those contained in Local Form Chapter 13 Plan and the plan 

contains no nonstandard provisions other than those set out in paragraph VIII.

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