UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

In re: 

 Case No.: 19-14839-AJC 

GOOD SHEPHERD CHUCH, 

INC., 

 Debtor. / Chapter 11 

CITY FIRST MORTGAGE'S MOTION FOR PROSPECTIVE RELIEF FROM 

STAY AND FOR SANCTIONS FOR BAD FAITH FILING 

EXPEDITED RELIEF REQUESTED – THIS NEWLY FORMED DEBTOR 

ACQUIRED VIA QUIT CLAIM DEED TITLE TO PROPERTIES FROM NEW 

BEGINNINGS CHUCH AFTER ITS FOURTH BANKRUPTCY CASE WAS 

DISMISSED WITH PREJUDICE FOR BAD FAITH FILING – THIS FILING IS 

THE FIFTH FILING TO HAVE IMPAIRED SECURED LENDER’S LAWFUL 

ENFORCEMENT RIGHTS 

Secured Lender, City First Mortgage (“City First”), moves for entry of an Order 

granting it prospective stay relief pursuant to 11 U.S.C. 363(d)(4) and awarding sanctions 

for bad faith filing and an abuse of the bankruptcy process pursuant to Rule 11 and states: 

FOUR EARLIER FILINGS BY NEW BEGINNINGS 

1. Good Shepherd Church, Inc. via quit claim deed dated November 6, 2018 

from serial-filer former Debtor, New Beginnings of South Florida, Inc. (“New 

Beginnings”) assumed ownership of two properties subject to City First final judgment and 

lis pendens. 

2. On August 7, 2012, New Beginnings filed its first case no. 12-28972-LMI. 

This case was dismissed for failure to file an attorney representation on August 21, 2012. 

3. On April 22, 2015, New Beginnings filed its second case no. 15-17283-

LMI. This case was dismissed for failure to file schedules. 

4. On December 29, 2015, the Circuit Court for Miami-Dade County, case no. 

14-002715-CA-01, entered the Final Judgment of Foreclosure in the amount of 

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$201,161.64 in favor of City First and against the then owner of the subject property New 

Beginnings relating to two properties located at 13454 and 13485 Alexandria Drive, Opa 

Locka, Florida 33054. A copy of the final judgment is Exhibit A. The foreclosure sale 

was set for February 11, 2016. 

5. On February 10, 2016, New Beginnings filed its third case no. 16-11907-

RAM. This stopped the first foreclosure sale. On February 15, 2017, the Bankruptcy Court 

entered an Order confirming the Debtor’s Amended Plan (DE #148). Section 3(b) of the 

Plan required New Beginnings to make monthly payments including interest on City First’s 

$234,000 allowed secured claim, and provided that in the event of default City First was 

entitled to reset the foreclosure sale of the property upon 21 days written notice without 

relief from stay. 

6. A little more than a year after confirmation, New Beginnings defaulted 

under the confirmed plan by failing to make the May, June, July, August or September 

2018 monthly payments. City First then filed a motion in the foreclosure case to reset the 

foreclosure sale, City First v New Beginnings, case no. 2014-002715-CA-13. The 

foreclosure sale was reset for January 7, 2019. 

7. On or about November 6, 2018, New Beginnings assigned by quit claim 

deed to the current debtor, Good Shephard. Despite having assigned the interest in the 

properties, on January 4, 2019, New Beginnings filed, improperly pro se, a fourth 

bankruptcy case no. 19-10138-LMI that stopped for a second time the foreclosure sale. 

8. At no time during the evidentiary hearing on the motion to dismiss the New 

Beginnings fourth bankruptcy case, did the representatives of New Beginnings disclose to 

the Court that it had quit claimed the real properties to Good Shephard. 

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9. After an evidentiary hearing on the Order to Show Cause, the Bankruptcy 

Court entered the Order Dismissing Case With Prejudice for Three Years dated February 

8, 2019. A copy of that Order is Exhibit B. 

10. After dismissal for bad faith, City First reset the foreclosure sale for a third 

time for April 15, 2019. This sale was canceled a third time by the current bad faith filing 

now by the Debtor by virtue of a quit claim deed from New Beginnings that is of no force 

and effect as it is filed after the lis pendens and final judgment filed in the foreclosure 

action. 

11. Moreover, Good Shepard just like its predecessor filed this petition 

knowing that an entity even a non-profit one is prohibited from representing itself. In fact 

this was one of the reasons Judge Isicoff dismissed the last filing of New Beginnings for 

bad faith. 

RELIEF REQUESTED 

12. This fifth bankruptcy case involving the same properties, again pro se with 

full knowledge an entity cannot file without an attorney, was filed in bad faith solely to 

hinder City First’s enforcement rights will be the subject of another motion by City First. 

In fact this filing is an egregious flouting of the Bankruptcy Code and the Bankruptcy Court 

given that there is an existing Order dismissing the previous case for bad faith. 

13. Accordingly, City First requests not only this case be dismissed for bad faith 

but that the Court grant City First prospective relief from the automatic stay for a period 

of 3 years pursuant to 11 U.S.C. § 362(d)(4) in recordable form that will prevent any 

additional bankruptcies filing from any entity affecting title to the properties described in 

the Final Judgment attached as Exhibit A. Because Chief Judge Isicoff previously 

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conducted an evidentiary hearing on this very issue, City First respectfully suggests this 

Chapter 11 case be reassigned. 

14. Prospective relief from stay is necessary under these egregious 

circumstances to permit City First to enforce its lawful lien rights against a serial filing and 

new debtor syndrome. The abuse of the bankruptcy process is precisely what § 362(d)(4) 

is intended to prevent. City First request an Order enjoining any party with any subordinate 

interest in the properties described in the Final Judgment from filing any bankruptcy for 

three years. 

15. There is no prospect for a reorganization in that the last reorganization with 

the same properties and same revenues went into default within a year of confirmation. 

16. Given the egregious circumstances evidencing bad faith and a clear intent 

to abuse the bankruptcy process, City First requests that the Court award sanctions 

including attorneys’ fees and costs in bringing this motion. 

WHEREFORE City First moves for entry of an Order (i) granting this Motion and 

affording prospective stay relief enjoining any party including the Debtor or other entity 

claiming a subordinate interest in the properties from filing a bankruptcy for three years; 

(ii) directing the Miami-Dade Clerk of Courts to disregard any attempt by the Debtor or 

such third party from attempting to use the automatic stay to stop a reset foreclosure sale 

of the properties; (iii) awarding City First sanctions for bad faith filing and abuse of the 

bankruptcy process including reasonable attorney’s fees and (iv) granting such other and 

further relief as is just. 

 I CERTIFY that a copy the above was served via ECF on all registered users 

entitled to such notice and by US Mail to the Debtor 14500 NE 6th Avenue, North Miami 

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FL 33161 on April 30, 2019. 

 AM LAW 

Counsel for City First Mortgage 

7385 SW 87th Avenue, Suite 100 

Miami, FL 33173 

PH: 305.441.9530 

gmm@amlaw-miami.com

By:/s/ Gary Murphree 

Gary M. Murphree, Esq. 

FBN: 996475 

 

 

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Exhibit A Page 1 of 3

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Exhibit B Page 1 of 5

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Exhibit B Page 2 of 5

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Exhibit B Page 3 of 5

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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

In re: 

New Beginnings of South Florida, Inc.,

 Debtor.

______________________________/

CASE NO. 19-10138-BKC-LMI

Chapter 11

ORDER DISMISSING CASE WITH PREJUDICE FOR THREE YEARS

This matter came before the Court on February 6, 2019 on its Order to Show 

Cause Why Case Should Not Be Dismissed With Prejudice For 3 Years (ECF #15) (the 

“Show Cause Order”). The Debtor, New Beginnings of South Florida, Inc., filed a 

Chapter 11 petition on January 4, 2019, pro se. Because the Debtor failed to obtain an 

attorney within the deadline set by the Court,1the case was to be dismissed with a 

standard prejudice period of 180 days.

2 After reviewing the docket, however, and noting 

1 See Local Rule 9010−1(B)(1).

2 Corporations must be represented by counsel in court proceedings. See Osborn v. Bank of U.S., 22 U.S. 

738, 830 (1824). Accordingly, pro se corporate bankruptcy petitions are not permitted.

ORDERED in the Southern District of Florida on February 7, 2019.

Laurel M. Isicoff

Chief United States Bankruptcy Judge

_____________________________________________________________________________

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Exhibit C Page 1 of 2

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that this case was the Debtor’s fourth bankruptcy case the Court determined that it was 

appropriate to issue the Show Cause Order. 

At the hearing the Court heard argument from two non-attorney corporate 

representatives of the Debtor, counsel for City First Mortgage Corp, counsel for 2009 

TLC, LLC, counsel for Gloria Betancourt, As Trustee Of The Gloria Betancourt 

Revocable Trust Dated March 1, 2011, as Assignee of Rogelio Betancourt, and the 

United States Trustee.

For the reasons stated on the record, 

it is ORDERED and ADJUDGED:

1. This case is DISMISSED with prejudice. The Debtor may not file bankruptcy 

in any district in the United States for a period of three years from the date of 

this Order.

2. The Court will reserve jurisdiction to rule on any (a) motions for sanctions 

filed pursuant to Fed.R.Bankr.P. 9011 and (b) motions for prospective stay 

relief. Any such motions must be filed within 14 days from the entry of this 

Order. 

3. Because this bankruptcy case has been dismissed, the automatic stay is no 

longer in effect.

###

The Clerk of the Court shall furnish copies to all creditors and interested parties 

listed on the matrix.

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Exhibit C Page 2 of 2

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