16-43665B2

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

IN RE: 

CASE NO.: 19-18996-AJC 

MARIA M VALLEJO 

 AKA MARIA MERCEDES VALLEJO TAMAYO 

 CHAPTER: 13 

 Debtor(s). 

 / 

SECURED CREDITOR’S MOTION FOR 

PRECONFIRMATION DISBURSEMENT

SELECT PORTFOLIO SERVICING, INC., SERVICER FOR , U.S. BANK, N.A., 

SUCCESSOR TRUSTEE TO LASALLE BANK NATIONAL ASSOCIATION, ON BEHALF 

OF THE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I TRUST 2006-

HE6, ASSET-BACKED CERTIFICATES SERIES 2006-HE6 (“U.S. Bank”) pursuant to 11 

U.S.C. §361, seeks Adequate Protection for its secured claim seeking that the Chapter 13 

Trustee disburse all funds currently being held for Claim #3 and states: 

1. U.S. Bank holds a security interest in the subject property located at 18181 NE 

31 CT Apt. 1610, Aventura, FL 33160 (“Property”) by virtue of a note and mortgage recorded 

on April 06, 2006 in Official Records Book 24400 at Page 0891-914 of the public records of 

Miami-Dade County, Florida. 

2. On February 22, 2019, Debtor’s previous bankruptcy case (17-25418-LMI) was 

dismissed after failure to pay the trustee as required. 

3. On July 5, 2019, Maria M. Vallejo (“Debtor”) filed Chapter 13 bankruptcy again. 

4. On August 7, 2019, U.S. Bank filed its Proof of Claim 3 with a secured 

amount of $372,958.53 and arrearage of $60,119.96 with $1,466.40 as the monthly payment. 

Case 19-18996-AJC Doc 66 Filed 03/03/20 Page 1 of 4
16-43665B2

5. In this case, the Trustee has filed more than six Notice of Deficiencies for 

Confirmation, thereby continuing the confirmation several times. 

6. We are now almost eight months since the filing of the petition and the Plan has 

yet to be confirmed and payments disbursed to creditors. 

7. The value of the property, pursuant to Debtor’s schedules is $ $246,595.00, while 

the secured amount due as of filing is $372,958.53. 

8. On August 30, 2019, an Order Continuing Confirmation Hearing, Trustee’s 

Objection to Exemptions and Making all Debtor Payments Non-Refundable (the “Order”) was 

entered [D.E. 35]. The Order states ¶4, “as a condition for the continued confirmation hearing 

and delay of payments to creditors, all payments held by the Chapter 13 Trustee shall be nonrefundable and held in trust for the secured creditors as adequate protection, and in trust for 

priority and administrative creditors.” 

9. Based on the excessive delay and draining of U.S. Bank by Debtor through two 

years of bankruptcy filings, many plans that still do not properly treat U.S. Bank, dismissals 

and reinstatements and expensive carrying costs tantamount nothing more than Creditor abuse, 

U.S. Bank is entitled to immediate vesting of all amounts held by Debtor’s counsel and/or the 

Trustee to be turned over to it based on Creditor’s Proof of Claim amount. 

10. Since the Order [DE35] states the plan payments are non-refundable, the Trustee 

should disburse the funds now and not wait until the plan is confirmed. 

11. U.S. Bank requests immediate disbursement of all amounts currently held by the 

Chapter 13 Trustee. 

12. U.S. Bank seeks Debtor immediately to amend its plan to pay U.S. Bank through 

the Plan for regular and ongoing monthly mortgage payments or surrender the property 

accordingly. 

Case 19-18996-AJC Doc 66 Filed 03/03/20 Page 2 of 4
16-43665B2

WHEREFORE, U.S. Bank moves this Honorable Court to enter an Order (i) granting this 

Motion, (ii) requiring Debtor to amend the Chapter 13 Plan within 15-days, (iii) directing the 

Chapter 13 Trustee to immediately disburse all pre-confirmation payments currently held for 

Claim 3 to U.S. Bank, (iv) vesting ownership in U.S. Bank of payments made to the Trustee on 

U.S. Bank’s claim and (v) for any further relief as is just and equitable. 

 Respectfully submitted, 

 /s/ BRIAN L. ROSALER 

BRIAN L. ROSALER 

Florida Bar No.: 0174882 

POPKIN & ROSALER, P.A. 

Attorney for Secured Creditor 

1701 West Hillsboro Boulevard, Ste 400 

Deerfield Beach, FL 33442 

Telephone: (954) 360-9030 

Facsimile: (954) 420-5187 

Email: bankruptcy@popkinrosaler.com 

I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court 

for the SOUTHERN District of Florida, and I am in compliance with the additional qualifications 

to practice in this Court set forth in the Local Rules, and that a true and correct copy of the 

foregoing was provided via electronic and/or Regular U.S. Mail to the parties listed on the below 

service list, this 3 day of March , 2020. 

 /s/ BRIAN L. ROSALER 

BRIAN L. ROSALER 

Florida Bar No.: 0174882 

POPKIN & ROSALER, P.A. 

Attorney for Secured Creditor 

1701 West Hillsboro Boulevard, Ste 400 

Deerfield Beach, FL 33442 

Telephone: (954) 360-9030 

Facsimile: (954) 420-5187 

Email: bankruptcy@popkinrosaler.com 

Case 19-18996-AJC Doc 66 Filed 03/03/20 Page 3 of 4
16-43665B2

SERVICE LIST 

Maria M Vallejo 

18181 NE 31 CT Apt. 1610 

North Miami Beach, FL 33160 

Michael Marcer 

3850 Bird Road, Penthouse I 

Coral Gables, FL 33146 

Trustee 

Nancy K. Neidich 

POB 279806 

Miramar, FL 33027 

U.S. Trustee 

Office of the US Trustee 

51 S.W. 1st Ave. Suite 1204 

Miami, FL 33130 

Case 19-18996-AJC Doc 66 Filed 03/03/20 Page 4 of 4