Revised Ralph L. Sanders Case 19-bk-24331-PDR 

Dear Honorable Judge Peter D. Russin 

U.S. BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DMSION 

UNITED STATES BANKRUPTCY COURT I MAY O 6 2021 1 

United States Courthouse 299 E. Broward Blvd. 

Courtroom: 301 / Chambers: Room 303 

Fort Lauderdale, FL 33301 

Bankruptcy Case 19-bk-24331-PDR 

FILED ::P:Z:RECEIVED 

Date: May 2, 2021 

DEBTOR'S EMERGENCY MOTION FOR VIOLATION OF 

AUTOMATIC STAY AND CREDITOR(S) MISCONDUCT AGAINST 

DEFENDANTS Bank New York Mellon, Specialized Loan 

Servicing. and Wells Fargo (per payoff offer that I accepted) 

Comes now the Debtor Ralph L Sanders at this moment files this 

Motion of Violation of Automatic Stay, Creditors Misconduct 

1. Plaintiff filed his Chapter 13 case on Date filed: 10/25/2019: 

(Doc# 1) Plan confirmed: 05/21/2020 (Doc# 75) 

2 The real property at issue in this Motion is located at 561 SW 

AVE., Plantation, Fl. 33317 

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3. May of 2004, the plaintiff purchased a home at 561 SW 60th 

Ave., Plantation, Fl. 33317 with Chase mortgage; the closing 

statement had a Buyers Title Insurance, which is design to protect the 

owners' investment from defects uncovered. The house defects 

include anywhere from unknown liens to physical defects such as lot 

line/setback issues seen with a survey. The buyers' title insurance 

protects the home up to the value of the mortgage, which was 

$292,000. The name of the insurance company is Lawyer's Title. The 

policy is still valid, and the homeowner has not committed any acts 

that would invalidate the policy. 

4. April 2005, the Debtor refinanced his home with Wells Fargo 

The mortgage contract stated that I had purchased a Lenders Title 

Insurance for the protection of Wells Fargo issues. I am the owner of 

the Lenders Title Insurance policy. The payout of the Lenders Title 

Insurance is $313,000 

5. Both the buyers' title insurance policy and the lenders' title 

insurance policy cover the same areas of damages depending on the 

policy options. 

6. Both Title Insurance Policies for the life of the owner 

7. Both Title Insurance Policies were purchased by the Debtor 

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8. Both Title Insurance Policies are the property of the Debtor 

I. BASIS OF EMERGENCY 

This Motion seeks emergency relief 

1. Debtor is enjoined by the automatic stay from creditor attempts 

to collect a debt, including having monies withheld to reimburse pay back 

the debt from payments due to Debtor without any prior authorization. 

2. The filing of a bankruptcy petition effectuates automatic stay of 

all proceedings against the Debtor effective the Date the petition is filed, 

and actions are taken in violation of the stay are void, even if there is no 

actual notice of the stay. (Personalized Air Conditioning, Inc. v. C.M. 

Systems of Pinellas, 522 So.2d. 465 Fla.App. 4 Dist, 1988) 

3. The total value of the Debtor's insurance assets tied to his 

home is $1,345,000 dollars. 

4. The $313,000 is being held by one of the defendants instead of 

by the Trustee. 

The Debtor's Insurance policies are critical to the Debtor's 

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reorganization as it is the Debtor's only asset of significant value. The 

replacement home to be constructed to have equity and designed for the 

future family with external in-law quarters 

The Debtor seeks entry on an order, pursuant to 11 U.S.C. §§ 362(a), 

(k), and 105(a), and Federal Rules of Bankruptcy Procedure 9020 and 

9014, holding the Defendants in civil contempt and award appropriate 

sanctions, including actual and punitive damages, due to the Defendants' 

violations of the automatic stay. 

11 U.S.C. §§ 362(a) prohibits "any act to obtain possession of the 

estate or of property from the estate or to exercise control over property of 

the estate," and §I05(a) allows "[t]he courts [to] issue any order, process, 

or judgment that is necessary or appropriate to carry out the provisions of 

this title." The Eleventh Circuit Court of Appeals has held that bankruptcy 

courts may impose sanctions for violations of the automatic stay by their 

statutory civil contempt powers under section 105(a), which sanctions may 

include monetary and injunctive-type relief if warranted under the 

circumstances. Jove Eng'g, Inc., v. IRS, 92 F.3d 1539, 1554 (11 th Cir. 1996) 

("Therefore, we conclude §105(a) grants courts independent statutory 

powers to award monetary and other forms of relief for automatic stay 

violations to the extent such awards are 'necessary or appropriate' to carry 

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out the provisions of the Bankruptcy Code."). 

The actions of the Defendants are intended to obtain possession of 

Debtor's Insurance Policies 

Damages may be awarded for a violation of the automatic stay when 

the violation is "willful." Id at 1555. A violation of the automatic stay is "willful 

if the violator (1) knew of the automatic stay and (2) intentionally committed 

the violative act, regardless whether the violator specifically intended to 

violate the stay." Id. In the present case, all Defendants are aware of the 

automatic stay 

In the present case, punitive damages are also appropriate. ''To 

recover punitive damages, the defendant must have acted with actual 

knowledge that he was violating the federally protected right or with reckless 

disregard of whether he was doing so." In re WVF Acquisition, LLC, 420 B.R. 

902, 914 (Bankr. S.D. Fla. 2009) citing In re Wagner, 74 B.R. 898, 903-04 

(Bankr. E.D. Pa. 1987). 

Decisions awarding punitive damages typically consider the following 

factors: (1) the nature of the violator's conduct; (2) the nature and extent of 

the harm to the Debtor; (3) the violator's abilityto pay; (4) the motives of the 

violator; and (5) any provocation by the Debtor. Id. In the present case, the 

violator's conduct is intended to misappropriate the Debtor's only valuable 

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assets. These actions, if allowed to continue, will make reorganization of the 

Debtor impossible and will further deprive every other creditor in this case 

of any recovery whatsoever. The only current harm to the Debtor is having 

to spend already limited resources on filing this Motion. If this conduct is 

allowed to continue, the harm to the Debtor is immense as it will lose the 

only valuable assets that it has, the reorganization will become impossible, 

and every other creditor, in this case, will be deprived of a recovery. The 

motive of the violators is to illegally bypass the Bankruptcy Court to keep 

hidden assets from the Debtor. These actions have been wholly 

unprovoked by the Debtor, and in fact, the Debtor has been trying to stave 

off these actions during the pendency of the bankruptcy proceedings. Under 

these circumstances, an award of punitive damages is appropriate. 

Summary 

The Debtor's insurance policies are its only valuable asset, and 

retaining ownership and clear title to the property is necessary to ensure 

that creditors of the estate obtain a recovery on their claims. The 

Defendants' actions in attempting to misappropriate the assets of the 

Debtor are clear violations of the automatic stay that should not be 

tolerated by the Court. For the reasons stated in this Motion, the 

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Defendants should be found to be in civil contempt, and sanctionsshould 

be awarded including an award of punitive damages. 

WHEREFORE, the Debtor respectfully requests that the Court enter an 

order (1) finding that the Defendants are in violation of the automatic stay; 

(2) awarding appropriate sanctions, including the Court (a) ordering 

injunctive relief preventing any further actions to pursue an assignment of 

theDebtor's intellectual property, (b) awarding actual damages including 

sleep fees for bringing this Motion, and (c) awarding punitive damages; and 

(3) granting such other and further relief as theCourt deems just and proper. 

PROSE 

Ralph Levi Sanders 

561 SW 60th ave 

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