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ORDERED in the Southern District of Florida on N ~f 11"1.b.V~_ I '11 U/ 9 

~-~-

United States Bankruptcy Court 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

www.flsb.uscourts.gov 

In re: MARIO L. SORROCHE MORENO, Case No.: 19-17620-RAM 

Debtor. I Chapter 13 

ORDER GRANTING IN PART AND DENYING IN PART 

MOTION FOR PARTIAL RECONSIDERATION OF (PARTIAL RELIEF 

FROM) ORDER GRANTING DEBTOR'S EXPEDITED MOTION FOR 

CONTEMPT, FOR SANCTIONS AGAINST SENNA LENDERS CORP., 

FOR DETERMINATION THAT THE MATTERS EMBRACED IN THE 

EVIDENTIARY HEARING ORDER AND OTHER DESIGNATED FACTS 

BE TAKEN AS ESTABLISHED AS THE DEBTOR CLAIMS, AND FOR 

FINAL SUMMARY JUDGMENT lECF#587AND FROM THE FINAL 

JUDGMENT AGAINST CREDITOR SENNA LENDING CORP. lECF#64l 4JA. 

AND MOTION TO SET ASIDE FINDINGS OR AMEND FINDINGS IN 

SAID ORDER, AND/OR MAKE ADDITIONAL FINDINGS[ECF#65] a,rJt> f?l:f.~~ 

p, .. .s,,,,-fl.J- [Jer.d :~ 

THIS CA~fi 1.115i3Jbefore the court atsU 20 t JI, 0R hhc 26'k daJ lJf 

bJgzrcrnber QQ19, 1~ SENNA LENDERS CORP.'s ("SENNA's") Motion for Partial 

Reconsideration of (Partial Relief from) Order Granting Debtor's Expedited Motion 

for Contempt, for Sanctions Against Senna Lenders Corp., for Determination that 

the Matters Embraced in the Evidentiary Hearing Order and Other Designated 

Facts be Taken as Established as the Debtor Claims, and for Final Summary 

Case 19-17620-RAM Doc 82 Filed 11/14/19 Page 1 of 3
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Judgment [ECF#58] and from the Final Judgment Against Creditor Senna Lending 

Corp. [ECF#64], and Motion to Set Aside Findings or Amend Findings in Said 

Order, and/or Make Additional Findings [ECF#65] ("the Motion for Partial 

Reconsideration")., ~md based on 0-l9 FQSQr:o,8•6ti~ '{Jt:>V\ k i}--9r trJ .Meitl tHI\ 

W '4rrovP S..\-ipJRttl>'\ +~ ~ r::J.,e. ~,~r a111~$e~~ /A-,~ (orJ·; 

1t is ORDERED that: . 

1. The Motion for Partial Reconsideration [ECF#65] 1s GRANTED IN 

PART and DENIED IN PART; 

2. Pursuant to the terms of the Stipulation on Creditor's Motion for Partial 

Reconsideration [ECF#80], and the Agreed Motion to Approve Stipulation 

[ECF#81], the court --

a. Leaves in place its previous award of attorney's fees to the Debtor of 

$9,320.35; 

b. Awards additional attorney's fees to Debtor of $2,125; 

c. Reduces its previous award of punitive damages against SENNA from 

$18,640.70 to $500.00; and 

d. Amends or supplements its previous findings, and FINDS that: * 

1. Senna knew that the 2012 Volvo 780 was titled under the 

Debtor's name jointly with the non-debtor entity that had not 

filed a bankruptcy when it repossessed the 2012 Volvo 780; 

11. Senna's Initial Counsel, PAUL EDWARD WILSON, JR., 

refused to return the 2012 Volvo 780 after demand to return 

was made by phone call on July 8, 2019, and email on July 8, 

2019; 

111. PAUL EDWARD WILSON, JR., and not SENNA, refused to 

return the vehicle upon various demands by Debtor's 

attorneys; 

Case 19-17620-RAM Doc 82 Filed 11/14/19 Page 2 of 3
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1v. The conduct of the Creditor was sufficiently egreg10us to 

warrant punitive damages to deter SENNA's behavior; and 

v. But for PAUL EDWARD WILSON, JR.,'s egregiously bad (and 

wrong) counsel, advice, and instruction, SENNA would never 

have repossessed the vehicle post-petition or refused even one 

demand for its return. 

3. A separate Agreed Amended Final Judgment in Debtor's favor and 

against SENNA in the amount of $11,945.35 will be entered simultaneously 

herewith; and 

4. A separate Order Approving the Stipulation on Creditor's Motion for 

Partial Reconsideration will be entered simultaneously here'Yith. .f\ J . } 

5. ~ NO\J-,;.f~ '21)1 2-611 "'-.tcY?~J 611 ~ Mo~ol\ /'or ,.,0r~ 

~ c~~~tt~f#'\[~c.p.,t,~sJ i~ ca"' ctf1## 

SUBMITTED BY: James Schwitalla, Esquire 

The Bankruptcy Law Offices of James Schwitalla, P.A. 

12954 SW 133 Court, Miami, FL 33186 

Phone: 305.278.0811, Fax: 305.278.0812 

jws@MiamiBKC.net 

Case 19-17620-RAM Doc 82 Filed 11/14/19 Page 3 of 3