UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

IN RE:

MARY Z MIRIAN,

Debtor.

______________________________________/ 

Case No.19-21621-AJC

Chapter 13

HSBC BANK USA, N.A.'S

OBJECTION TO CONFIRMATION OF DEBTOR’S CHAPTER 13 PLAN

HSBC BANK USA, N.A. ("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 August 29, 2019, Mary Z. Mirian (“Debtor”) commenced this bankruptcy case 

by filing a petition for relief under Chapter 13 of the United States Bankruptcy Code [D.E. #1].

2. Secured Creditor holds a security interest in Debtor's real property located at 2750 

Northeast 183 Street, Aventura, FL 33160 (the “Property”), by virtue of a Mortgage which is 

recorded in Official Records Book 24091, at Page 2082, of the Public Records of Miami-Dade 

County, Florida. The Mortgage secures a Note in the amount of $80,000.00. 

3. Secured Creditor intends to file a Proof of claim in this case, in the approximate 

principal balance amount of $72,047.75 with arrears in the amount of $75,414.20.

4. According to the Chapter 13 Plan [D.E. #15] (the “Plan”), Debtor proposes to 

pursue a loan modification agreement. 

5. Debtor's proposed Plan requests Mortgage Modification Mediation and contains 

the requisite language concerning the Court's Mortgage Modification Mediation Program. 

However, to date, Debtor has not filed a Motion for Referral to Mortgage Modification 

Case 19-21621-AJC Doc 24 Filed 09/18/19 Page 1 of 4
Mediation nor has Debtor applied directly for loan modification review with Secured Creditor. 

Debtor cannot modify the subject loan documents solely through Plan treatment.

6. The Plan fails to include the Chapter 13 Plan MMM Language pursuant to the 

Mortgage Modification Mediation Program Procedures. Secured Creditor objects to the Plan and 

to any plan which fails to include the appropriate MMM Plan Language. 

7. Pursuant to the MMM Program Procedures and the Plan, Debtor is required to pay 

“no less than 31% of Debtor’s gross incomes as a good faith adequate protection payment to the 

Lender” or the regular monthly mortgage payment, whichever is the lesser. The gross income 

stated on Debtor’s schedules is $4,437.00 [D.E. #18]. Debtor is currently paying $648.00 for 

monthly Homeowner Association dues associated with the property. The adequate protection 

payment which is due on the subject Mortgage is $987.16, which is the regular monthly 

mortgage payment and the less of the 31% of Debtor’s gross income minus the Homeowner 

Association dues. Debtor is paying less than the required payment. The Adequate Protection 

payment requirement is a threshold issue for participation in the mediation process. Secured 

Creditor objects to any Adequate Protection payment that is less than the requisite amount.

8. Debtor’s Plan was filed in bad faith as Debtor’s plan was not in compliance with 

MMM requirements at the time of filing and continues to be deficient.

9. In the event that mediation is unsuccessful, or Debtor fails to seek a referral to the 

mediation program, then the Plan should be amended to provide for the regular monthly payment 

of $987.16 which is due on the subject Mortgage, together with a cure of the prepetition arrears. 

Furthermore, the monthly payment is subject to periodic adjustments for escrow and/or for 

variable interest rates and, therefore, must be amended during the pendency of the plan in 

accordance with the loan documents. 

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10. The pre-petition arrearage due Secured Creditor is $75,414.20. Creditor requests 

that the Plan be amended to provide for these arrearages through plan payments of up to 60 

months. 

11. Secured Creditor hereby reserves the right to supplement this Objection at or prior 

to the hearing.

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.

Respectfully Submitted:

/s/ Jennifer Laufgas

Jennifer Laufgas, Bar No.56181

Attorney for Secured Creditor

Aldridge Pite, LLP 

Fifteen Piedmont Center

3575 Piedmont Road, N.E., Suite 500

Atlanta, GA 30305

Phone: (404) 994-7400

Fax: (888) 873-6147

Email: Jlaufgas@aldridgepite.com

Case 19-21621-AJC Doc 24 Filed 09/18/19 Page 3 of 4
CERTIFICATE OF SERVICE

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

Confirmation was served electronically or via U.S. Mail, first-class postage prepaid, to: 

DEBTOR

Mary Z Mirian

2750 NE 183 Street Apt 1811

North Miami Beach, FL 33160

DEBTOR’S ATTORNEY 

Carolina A Lombardi

Legal Services of Greater Miami, Inc.

4343 West Flagler Street #100

Miami, FL 33134

CLombardi@legalservicesmiami.org

TRUSTEE

(via electronic notice)

Nancy K. Neidich

www.ch13miami.com

POB 279806

Miramar, FL 33027

e2c8f01@ch13miami.com

UNITED STATES TRUSTEE

(via electronic notice)

Office of the US Trustee 

51 S.W. 1st Ave., Suite 1204

Miami, FL 33130

USTPRegion21.MM.ECF@usdoj.gov

Dated: September 18, 2019

/s/ Jennifer Laufgas

Jennifer Laufgas, Bar No.56181

Attorney for Secured Creditor

Aldridge Pite, LLP 

Fifteen Piedmont Center

3575 Piedmont Road, N.E., Suite 500

Atlanta, GA 30305

Phone: (404) 994-7400

Fax: (888) 873-6147

Email: Jlaufgas@aldridgepite.com

Case 19-21621-AJC Doc 24 Filed 09/18/19 Page 4 of 4