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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI-DADE DIVISION

www.flsb.uscourts.gov

IN RE:

YUNEIVIS RIVAS

Debtors

 /

Case No.: 19-17426-RAM

Chapter 7

ORDER GRANTING MOTION FOR RELIEF FROM THE AUTOMATIC STAY BY 

PNC BANK, N.A. (VEHICLE) [ECF_20]

THIS MATTER came before the Court upon the Motion for Relief from the Automatic 

Stay by PNC BANK, N.A. (“PNC”) (“Motion”) relating to the 2016 Mercedes Benz GLE 350, 

4JGDA5HB6GA689771, [ECF 20], and the Debtor having signed a Consent and the Trustee 

advising of no objection, and Movant by submitting this form of order having represented that 

the motion was served on all parties required by Local Rule 9013-1(D), that the 14-day response 

time provided by that rule has expired, that no one has filed, or served on the movant, a response 

to the motion. The Court notes that the form of order was attached as an exhibit to the Motion; 

ORDERED in the Southern District of Florida on August 22, 2019.

Robert A. Mark, Judge

United States Bankruptcy Court

_____________________________________________________________________________

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and the Court having reviewed the Court file and the Motion for Stay Relief, and being otherwise 

fully advised in the premises, hereby:

ORDERS AND ADJUDGES that:

1. The Motion for Relief from the Automatic Stay (Vehicle) by PNC relating to a

2016 Mercedes Benz GLE 350 (the “Collateral”) [ECF 20] is hereby Granted.

2. PNC holds a security interest in the Debtor’s 2016 Mercedes Benz GLE 350, and 

any insurance proceeds related thereto, VIN # 4JGDA5HB6GA689771 pursuant to the Retail 

Installment Sale Contract dated December 27, 2018 and placement of the lien on the state title 

records. 

3. As of June 28, 2019 the Debtor, is indebted to PNC in the amount of $47,766.41

principal balance, plus interest at the contract rate, together with advances, costs, and attorney’s 

fees advanced by PNC, pursuant to the Retail Installment Sale Contract. 

4. The Debtor and any party in possession of the vehicle shall surrender and 

turnover to PNC all of its interest in the Collateral and insurance coverage, claims and/or 

proceeds in the collateral more specifically described as: 2016 Mercedes Benz GLE 350, VIN: 

4JGDA5HB6GA689771 and any insurance proceeds related thereto, and shall provide copies of 

the insurance policy & claims within 14 days hereof. 

5. This Order is entered for the purpose of allowing Movant to pursue and enforce 

its in rem state law rights and remedies against the Collateral and insurance proceeds, if any, 

including but not limited to, recovery and sale of the Collateral, as appropriate and Movant shall 

not seek in personam relief against the Debtor, unless this case is dismissed or by seeking other 

relief in this Court. 

6. PNC may contact the Debtor to determine the vehicle location and/or party in 

possession.

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7. The Court retains jurisdiction to enforce the provisions of this Order.

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Submitted by:

ARTHUR C. NEIWIRTH, ESQ.

Quintairos, Prieto, Wood & Boyer, P.A.

Attorneys for PNC BANK, N.A.

One East Broward Blvd., Suite 1200

Ft. Lauderdale, FL 33301

(954) 523-7008 PHONE

(954) 523-7009 FAX

aneiwirth@qpwblaw.com

Copies furnished to:

(Atty A. Neiwirth is directed to serve copies of this Order on all parties listed and file a 

certificate of service.)

SERVICE LIST

CM/ECF

Arthur C. Neiwirth, Esq. aneiwirthcourt@qpwblaw.com

Attorney for PNC Bank, National Association

Robert Sanchez, Esq. court@bankruptcyclinic.com

Attorney for Debtor

Drew M Dillworth

ddillworth@swmwas.com, ddillworth@ecf.axosfs.com;marocha@stearnsweaver.com

Office of the US Trustee

USTPRegion21.MM.ECF@usdoj.gov

Ashley Prager Popowitz on behalf of Creditor Nationstar Mortgage LLC d/b/a Mr. Cooper

Ashley.popowitz@mccalla.com, flbkecf@mccalla.com

All other parties on the Clerk’s CM/ECF mailing list

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By U.S. First Class Mail:

Exeter Finance LLC, c/o AIS Portfolio Services, LP

4515 N Santa Fe Ave. Dept. APS 

Oklahoma City, OK 73118 

Synchrony Bank

PRA Receivables Management, LLC 

PO Box 41021 

Norfolk, VA 23541 

Yuneivis Rivas a/k/a Yuneivis Rivas Cardenas

3576 W. 74th Place

Hialeah, FL 33018-1718

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