{2271/000/00494788} 1 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

In re: 

Paul Wigoda, Case No. 19-22567-AJC 

 Debtor. Chapter 11 

___________________________________/ 

DEBTOR’S MOTION FOR APPROVAL OF SETTLEMENT 

ANY INTERESTED PARTY WHO FAILS TO FILE AND SERVE A WRITTEN 

RESPONSE TO THIS MOTION WITHIN 21 DAYS AFTER THE DATE OF SERVICE 

STATED IN THIS MOTION SHALL, PURSUANT TO LOCAL RULE 9013-1(D), BE 

DEEMED TO HAVE CONSENTED TO THE ENTRY OF AN ORDER IN THE FORM 

ATTACHED TO THIS MOTION. ANY SCHEDULED HEARING MAY THEN BE 

CANCELED. 

Paul Wigoda (the “Debtor”), by and through his undersigned counsel and pursuant to Fed. 

R. Bankr. P. 9019 and Local Rule 9013-1(D)(3)(b), requests the entry of an order authorizing the 

compromise and settlement of controversies between the Debtor and Michael Dezer a/k/a Michel 

Dezertov (“Dezer”). In support, the Debtor states as follows: 

BACKGROUND 

1. On or about November 11, 2016, Dezer loaned the Debtor $350,000.00 (the 

“Loan”). In connection with the Loan, the Debtor executed a promissory note in favor of Dezer 

(the “Note”) and 1555 North Federal, LLC (the “Mortgagor”)1 delivered to Dezer a mortgage (the 

“Mortgage”) granting Dezer a security interest in real property located at 1555 North Federal 

Highway, Ft. Lauderdale, Florida 33304 (the “Collateral”). The Note and the Mortgage are 

collectively referred to as the “Loan Documents.” 

1

 The Mortgagor is owned by P.W. Family Limited Partnership. The Debtor is the 97% owner of P.W. Family Limited 

Partnership and the 100% owner and president of its general partner, P.W. Management Company. 

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2. Pursuant to the Loan Documents, the Debtor was required to make a payment of all 

principal and interest due under the Note on January 10, 2017. 

3. On June 30, 2018, the Debtor and Dezer entered into a forbearance agreement 

thereby extending the maturity date to September 9, 2019. Within the forbearance agreement, the 

Debtor and the Mortgagor reaffirmed the validity, binding effect and enforceability of the Loan 

Documents and that the Mortgage continued to encumber the Collateral. However, based upon 

alleged representations by the Debtor to Dezer, Dezer did not record the Mortgage in the Official 

Records of Broward County, Florida. 

4. On or about October 30, 2018, and allegedly without notice to Dezer, the Debtor 

caused the Mortgagor to sell the Collateral for a purchase price of $2,900,000.00. In conjunction 

with the sale of the Collateral, neither the Debtor nor the Mortgagor paid any monies to Dezer 

from the disposition of the Collateral. 

5. The Debtor failed to pay Dezer all principal and interest by September 9, 2019, as 

contemplated by the forbearance agreement. 

6. On September 20, 2019 (the “Petition Date”), the Debtor filed a voluntary petition 

for relief under chapter 11 of the Bankruptcy Code. The Debtor is operating its business and 

managing its assets as a debtor in possession. No trustee, examiner, or statutory committee has 

been appointed. 

7. As of the Petition Date, the Debtor is indebted to Dezer in the amount of 

$309,000.00 (the “Principal Sum”), exclusive of attorneys’ fees, costs, and other expenses payable 

under the Loan Documents. 

8. Dezer has asserted that his debt is non-dischargeable pursuant to 11 U.S.C. § 

523(a)(2). 

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9. The Debtor and Dezer have informally exchanged information concerning the 

potential claims held by Dezer and the Debtor’s defenses to those claims. 

10. The Debtor and Dezer have engaged in good faith settlement negotiations and have 

reached mutually agreeable settlement terms. 

11. Through this motion, the Debtor seeks approval of a settlement whereby the Debtor 

furnishes a settlement payment in an eventual chapter 11 plan of reorganization to be filed with 

the Court in exchange for mutual releases by and between the Debtor and Dezer as set forth in the 

Settlement Agreement attached as Exhibit A (the “Settlement Agreement”). More specifically, 

the Settlement Agreement provides that: (i) regardless whether a chapter 11 plan of reorganization 

is confirmed, the case is dismissed, or the case is converted to chapter 7, the Debtor’s debt owed 

to Dezer, including any payments under the Settlement Agreement, shall constitute, without the 

need for filing an adversary proceeding, a debt that is not discharged in this case pursuant to 11 

U.S.C. § 523(a)(2), (ii) the Debtor shall pay Dezer monthly interest only payments for a period of 

sixty months in the amount of $1,258.90, which is the Principal Sum amortized over five years at 

an interest rate of 5% per annum, and (iii) the Debtor shall pay Dezer a balloon payment of 

$309,000.00 on the final month of the sixty month period. 

BASIS FOR RELIEF REQUESTED 

12. Through this motion, the Debtor seeks approval of the Settlement Agreement 

pursuant to Fed. R. Bankr. P. 9019. 

13. Rule 9019 a provides that, after notice and hearing, the bankruptcy court may 

approve a proposed compromise. Fed. R. Bankr. P. 9019(a). The decision of whether a 

compromise should be accepted or rejected lies within the sound discretion of the bankruptcy 

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court. In re Arrow Air, Inc., 85 B.R. 886, 890-91 (Bankr. S.D. Fla. 1988); In re Air Safety Int’l, 

L.C., 336 B.R. 843, 852 (S.D. Fla. 2005). 

14. In considering proposed settlements, the bankruptcy court must determine whether 

a proposed settlement is fair and equitable. In re Chira, 367 B.R. 888, 896 & n.10 (S.D. Fla. 

2007); In re Air Safety Int’l, 336 B.R. at 859. Further, the bankruptcy court must evaluate whether 

the compromise falls below the “lowest point in the range of reasonableness.” In re S & I

Investments, 421 B.R. 569, 583 (Bankr. S.D. Fla. 2009) (citing In re Bicoastal Corp., 164 B.R. 

1009, 1016 (Bankr. M.D. Fla. 1993)) (ruling that the bankruptcy court should approve a settlement 

or compromise “unless the proposed settlement falls below the lowest point in the range of 

reasonableness”); In re Arrow Air, Inc., 85 B.R. at 886. 

15. The Eleventh Circuit, in In re Justice Oaks 11, Ltd., 898 F.2d 1544, 1549 (11th Cir. 

1990), cert. denied, 498 U.S. 959 (1990), sets forth the following four factors to assist bankruptcy 

courts in determining whether to approve a settlement or compromise: 

(a) The probability of success in the future; 

(b) The difficulties, if any, to be encountered in the matter of collection; 

(c) The complexity of the litigation involved and the expense, inconvenience, and 

delay necessarily attending it; and 

(d) The paramount interest of the creditors and proper deference to their reasonable 

views in the premises. 

16. The proposed Settlement Agreement between the Debtor and Dezer satisfies the In 

re Justice Oaks factors as follows: 

(a) Probability of Success in Litigation: While the Debtor believes that he has strong 

defenses to Dezer’s claim of non-dischargeability pursuant to 11 U.S.C. § 

523(a)(2), the Debtor recognizes and appreciates that litigation is uncertain and that 

Dezer is willing, and has the resources, to pursue said litigation if necessary. Dezer 

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contends that he would be successful in excepting the Loan from discharge due to 

the representations alleged above. 

(b) Difficulties to be Encountered in the Matter of Collection: Not applicable from the 

Debtor’s perspective. 

(c) Complexity, Expense, and Delay Associated with the Litigation: Part of Dezer’s 

claim is that the Debtor made certain representations to Dezer in order to delay the 

recording of the Mortgage against the Collateral, which permitted the Debtor to 

cause the sale of the Collateral without satisfying the Mortgage. The Debtor 

fundamentally disagrees and disputes that he ever made such representations. 

While the Debtor maintains that Dezer’s claim fails, litigating this dispute further 

would nonetheless result in protracted litigation that would significantly increase 

the estate’s administrative liability for legal fees and expenses as well as delay the 

Debtor proposing and confirming a chapter 11 plan of reorganization and obtaining 

a discharge. Dezer’s position is that he would be successful in excepting the Loan 

from the Debtor’s discharge pursuant to 11 U.S.C. § 523(a)(2) and is prepared to 

press this claim against the Debtor. 

(d) Paramount Interest of Creditors and Proper Deference to Their Reasonable Views 

in the Premises: Because this motion is filed and served on negative notice, all 

creditors will have an opportunity to review the Settlement Agreement as well as 

an opportunity to accept or object to the terms. 

17. Applying the foregoing, the Debtor believes that the Settlement Agreement satisfies 

the four factors set forth in In re Justice Oaks and the requirements of Fed. R. Bankr. P. 9019. 

Although the Debtor believes he would succeed in his defenses against Dezer, the immediate 

benefits of the Settlement Agreement outweigh the risk, expense and delay associated with 

defending a complaint to determine the non-dischargeability of Dezer’s debt. As demonstrated in 

the foregoing analysis, the Debtor respectfully submits that the Settlement Agreement falls well 

above “lowest point in the range of reasonableness” and that the Court should approve the 

Settlement Agreement. 

WHEREFORE, the Debtor respectfully requests that this Court enter an order 

substantially in the form attached hereto as Exhibit B: (i) granting this motion; (ii) approving the 

Settlement Agreement between the Debtor and Dezer; (iii) retaining jurisdiction to enforce the 

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terms of the Settlement Agreement; and (iv) granting such other and further relief as the Court 

deems just and proper. 

Dated April 8, 2020. 

Respectfully Submitted, 

SHRAIBERG, LANDAU & PAGE, P.A. 

Attorneys for Debtor 

2385 NW Executive Center Drive, #300 

Boca Raton, Florida 33431 

Telephone: 561-443-0800 

Facsimile: 561-998-0047 

Email: bss@slp.law 

Email: jlanphear@slp.law 

 By: /s/ Bradley S. Shraiberg 

 Bradley S. Shraiberg 

 Florida Bar No. 121622 

 Joshua B. Lanphear 

 Florida Bar No. 125421 

ATTORNEY CERTIFICATION 

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 Local Rule 2090-1(A). 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a true and correct copy of the foregoing was served by notice 

of electronic filing via CM/ECF to all parties registered to receive such notice in this case on this 

the 8th day of April, 2020. 

 /s/ Bradley S. Shraiberg 

 

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EXHIBIT A 

 

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SETTLEMENT AGREEMENT 

 THIS SETTLEMENT AGREEMENT (the “Agreement”) is effective as of the date of the 

last signature below (“Effective Date”), provided that it is approved by the Bankruptcy Court 

(defined below), and is made by and among Michael Dezer a/k/a Michael Dezertov (“Lender”) 

and Paul Wigoda (the “Debtor”). Lender and Debtor are referred to below individually as “Party” 

or collectively as the “Parties.” 

 WHEREAS, Lender and Debtor are parties to a certain loan (the “Loan”) extended by the 

Lender to Debtor on November 11, 2016 in the principal amount of $350,000.00; 

 WHEREAS, in connection with the Loan, Debtor made and executed that certain 

Promissory Note (the “Note”) in favor of Lender dated November 11, 2016, and 1555 North 

Federal, LLC (“Mortgagor”) delivered a mortgage (the “Mortgage”)

1

 granting Lender a security 

interest in real property located at 1555 North Federal Highway, Fort Lauderdale, Florida (the 

“Collateral”); 

 WHEREAS, pursuant to the Loan Documents, Debtor was required to make a payment of 

all principal and interest due under the Note on January 10, 2017 (the “First Maturity Payment”); 

 WHEREAS, on June 30, 2018, the Parties entered into the Forbearance Agreement on June 

30, 2018 extending the First Maturity Payment to September 9, 2019; 

 WHEREAS, within the Forbearance Agreement, Debtor and Mortgagor reaffirmed the 

validity, binding effect and enforceability of each of the Loan Documents and that the line of the 

Mortgage is valid and encumbers the Collateral; 

WHEREAS, within to the Forbearance Agreement, Debtor and Mortgagor agreed to 

diligently sell the Collateral and inform Lender of all offers on the Collateral; 

 WHEREAS, on or around October 30, 2018, Debtor caused the Mortgagor to sell the 

Collateral by Warranty Deed for a purchase price of $2,900,000.00; 

 WHEREAS, in conjunction with the sale of the Collateral, neither Debtor nor the 

Mortgagor paid any monies to Lender from the disposition of the Collateral; 

 WHEREAS, Debtor failed to make the required September 9, 2019 payment to Lender as 

contemplated by the Forbearance Agreement; 

WHEREAS, on September 20, 2019, Debtor filed a voluntary petition under Chapter 11 of 

Title 11 of the United States Code ("Bankruptcy Code") initiating the bankruptcy case styled In re 

Paul Wigoda, Case No.: 19-22567-AJC (“Wigoda Bankruptcy Case”) in the Bankruptcy Court for 

the Southern District of Florida (“Bankruptcy Court”); 

 WHEREAS, Lender has identified certain claims that he may hold against Debtor that may 

be brought within the Wigoda Bankruptcy Case; 

1

 The Note and Mortgage are collectively known herein as the “Loan Documents”. 

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 WHEREAS, Lender has asserted that his debt nondischargeble pursuant to 11 U.S.C. § 

523(a)(2); 

 WHEREAS, as of September 20, 2019, Debtor is indebted to Lender in the amount of 

$309,000.00 (“Principal Sum”), exclusive of attorneys’ fees, costs, and other expenses payable 

under the Loan Documents; 

WHEREAS, the Parties have informally exchanged information concerning the claims 

held by the Lender and Debtor’s defenses to those claims; 

WHEREAS, the Parties have engaged in good faith settlement negotiations and have 

reached mutually agreeable settlement terms, which are set forth in this Agreement; and, 

NOW THEREFORE, in consideration of the foregoing and the mutual promises, 

undertakings and agreements contained herein, subject to Bankruptcy Court approval, the Parties 

agree as follows: 

1. Incorporation of Recitals. The foregoing recitals are true and correct and 

incorporated herein by reference. 

2. Settlement Payment. Debtor agrees to make the following payments to Lender 

through a plan of reorganization filed in the Wigoda Bankruptcy Case, with said payments to 

commence on the 1st day of the 1st month following confirmation of said plan of reorganization: 

Debtor shall pay to Lender monthly interest only payments for a period of sixty (60) months in the 

amount of $1,258.90 (collectively, the “Monthly Payments”), which is the Principal Sum 

amortized over five (5) years at an interest rate of 5% per annum, with a balloon payment of 

$309,000.00 due on the final month of the sixty (60) month period (the “Balloon Payment”; the 

Monthly Payments and Balloon Payment shall be known herein as the “Settlement Payments”). 

Regardless whether a Chapter 11 Plan is confirmed in the Wigoda Bankruptcy Case, the Wigoda 

Bankruptcy case is dismissed, or the Wigoda Bankruptcy Case is converted to Chapter 7 of Title 

11 of the Bankruptcy Code, the Settlement Payments shall constitute, without the need for filing 

an adversary proceeding, a debt that is not discharged in the Wigoda Bankruptcy Case pursuant to 

11 U.S.C. § 523(a)(2). All payments under this Agreement shall be made by (i) delivering a check 

or money order made payable to Lender to: Michael Dezer, c/o Lawrence Pecan, Esq., 18001 

Collins Avenue, 31st Floor, Sunny Isles Beach, Florida 33160. Debtor is permitted to prepay the 

Settlement Payments in part or in full without penalty. 

3. Claim. Debtor agrees that Lender shall have a claim in the Wigoda Bankruptcy 

Case in the amount of $309,000.00. 

4. Excepted from Discharge: Lender’s claim shall be excepted from discharge 

pursuant to 11 U.S.C. § 523(a)(2) in the Wigoda Bankruptcy case. 

5. Release of Lender. To induce Lender to enter into this Agreement, Debtor, for 

himself, the Debtor’s bankruptcy estate as stated within the Wigoda Bankruptcy Estate, and each 

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of his agents, attorneys, employees, shareholders, affiliates, successors, predecessors, heirs, 

personal representatives and assigns, release Lender, and each of their respective predecessors, 

successors, assigns, officers, directors, shareholders, partners, employees, agents, affiliates, 

parents, divisions, and attorneys (collectively, the “Released Parties”), jointly and severally, from 

any and all claims, counterclaims, demands, damages, debts, agreements, covenants, suits, 

contracts, obligations, liabilities, accounts, offsets, rights, actions and causes of action for 

contribution and indemnity, whether arising at law or in equity (including without limitation, 

claims of fraud, duress, mistake, tortious interference, usury, or control), whether presently 

possessed or possessed in the future, whether known or unknown, whether liability be direct or 

indirect, liquidated or unliquidated, whether presently accrued or to accrue hereafter, whether 

absolute or contingent, foreseen or unforeseen, and whether or not asserted, for or because of or 

as a result of any act, omission, communication, transaction, occurrence, representation, promise, 

damage, breach of contract, fraud, violation of any statute or law, commission of any tort, or any 

other matter whatsoever or thing done, omitted or suffered to be done by Released Parties, which 

has occurred in whole or in part, or was initiated at any time from the beginning of time up to and 

immediately preceding the moment of the execution of this Agreement. Debtor agrees that the 

foregoing release and waiver is intended to be as broad and inclusive as permitted by the laws of 

the State of Florida. This release shall survive dismissal or conversion of the Wigoda Bankruptcy 

Case. 

6. Release of Debtor. Except for Lender’s rights as stated in this Agreement and 

provided that Debtor performs all acts and makes all payments in the full amount, on or before the 

dates specified and in the form required herein, Lender shall, following the passage of ninety-one 

(91) days from the date of the last payment due as described above, release all claims against 

Debtor relating to the Loan Documents. 

7. Bankruptcy Court Approval Required. This Agreement is subject to and 

conditioned upon the entry of a final, non-appealable order by the Bankruptcy Court approving 

the Agreement. Pending such approval, the Parties agree to extend the date that Lender must object 

to the dischargeability of claims pursuant to 11 U.S.C. § 523 or the entry of a discharge in the 

Wigoda Bankruptcy Case pursuant to 11 U.S.C. § 727 (the “Bankruptcy Deadline Extension”). If 

the Bankruptcy Court does not approve this Agreement, then the general Bankruptcy Deadline 

Extension shall automatically, without further written agreement or pleading, be set as the 60th

calendar date after the date of such order denying approval of this Agreement. In such event, 

Lender may file a motion to formally set the deadline by Court Order in the Wigoda Bankruptcy 

Case. Notwithstanding the foregoing tolling provisions, Lender shall from time to time extend the 

date for objecting to discharge or dischargeability. 

8. Default. In the event Debtor fails to remit the Settlement Payments to Lender on 

or before the applicable date stated herein, or any other default or breach of this Agreement shall 

occur hereunder including the disgorgement or return of any or all of the Settlement Payments, or 

any portion thereof, Lender shall immediately notify Debtor in writing of said default or breach 

(the “Default Notification”). Debtor shall have seven (7) days from receipt of said Default 

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Notification to cure the default or breach. In the event that Debtor fails to cure the default or 

breach within seven (7) days of receipt of the Default Notification, Lender shall be entitled to any 

and all remedies at law or in equity hereunder or under any documents executed in connection 

with the Loan Documents or this Agreement. In the event Debtor fails to cure the default or breach 

within seven (7) days of receipt of the Default Notification, this Agreement shall survive except 

Lender’s release of Debtor or the Mortgagor. Any Default Notification shall be sent via email to 

Debtor at pwigoda@drwigoda.com with a carbon copy to Debtor’s counsel, Bradley S. Shraiberg 

at bss@slp.law and Joshua Lanphear at jlanphear@slp.law. 

9. Interpretation. Lender and Debtor each represent and warrant to each other that (i) 

they have had sufficient time to review this Agreement and consult with counsel of their choice, 

(ii) they have received such advice as they deem necessary as to their legal rights under, and the 

validity and enforceability of, this Agreement, and (iii) they fully understand the content and legal 

effect of this Agreement. Moreover, the principle of construing a document most strictly against 

its drafter shall not apply with respect to the interpretation of this Agreement. No representations 

have been made by any party regarding the taxability of all or any portion of this Agreement. 

10. Entire Agreement. This Agreement (including any exhibits hereto) constitutes the 

entire agreement and contract between Lender and Debtor pertaining to the subject matter hereof. 

This Agreement supersedes all prior or contemporaneous agreements, representations or 

negotiations between Lender and Debtor hereto, and cannot be modified or amended except in 

writing executed by Lender and Debtor. 

11. Severability. In the event that any one or more of the provisions of this Agreement 

is held void, voidable, invalid, illegal, or unenforceable for any reason, then said provision shall 

be deemed to be severed and removed from this Agreement and the remainder of this Agreement 

shall remain in full force and effect as if said provision had never been contained herein. 

12. Governing Law. This Agreement shall in all respects be construed in accordance 

with and governed by the laws of the State of Florida, without regard to conflict-of-law rules. 

13. Attorneys’ Fees. In the event that Lender or Debtor brings any litigation involving 

or arising out of this Agreement, then the prevailing party shall be entitled to recover its reasonable 

attorneys’ fees and costs, including appellate fees. 

14. Binding Effect and Cooperation. This Agreement shall be binding upon and inure 

to the benefit of the parties hereto and their respective legal representatives, successors and assigns. 

The parties hereby agree to cooperate in executing any further documentation that might be 

necessary to effectuate this Agreement. 

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15. Paragraph Headings. Headings used in this Agreement are for reference purposes 

only and shall not be deemed to have any substantive effect. 

16. Counterparts. This Agreement may be executed in counterparts, including by 

facsimile, all of which together shall constitute one and the same instrument. 

17. No Joint Venture. Nothing contained in this Agreement shall be deemed or 

construed by the parties hereto or by any third party to create the relationship of principal and 

agent, partners, joint venturers, or of any association whatsoever between Lender, the Mortgagor, 

and Debtor other than the arms-length relationship of creditor and debtors. 

18. Joint Drafting. This Agreement shall be deemed to have been jointly drafted by the 

Parties, and in construing and interpreting this Agreement, no provisions shall be construed and 

interpreted for or against any of the Parties because such provisions or any other provision of the 

Agreement as a whole is purportedly prepared or requested by such party. 

19. Final Expression. This Agreement is intended by the parties as a final expression 

of their agreement with respect to the subject matter hereof and as a complete and exclusive 

statement of the terms and conditions thereof, superseding and replacing all prior negotiations 

between the parties hereto, or any of them, whether written or oral. Any provision of this 

Agreement may be changed, waived or terminated only by written instrument signed by the party 

against whom the change, waiver, or termination is sought to be enforced. Each of the parties to 

this Agreement acknowledges that no other party, or agent or attorney of any other party has made 

any promise, representation, or warranty whatsoever, express or implied, not contained herein 

concerning the subject matter hereof, to induce the other party to execute this Agreement or any 

of the other documents referred to herein, and each party acknowledges that he, she or it has not 

executed this Agreement or such other documents in reliance upon any such promise, 

representation or warranty not contained herein. No representations have been made by either 

party regarding the taxability of all or any portion of this Agreement. The parties have had the 

opportunity to seek independent advice regarding the tax consequences of this Agreement and 

accept responsibility for satisfaction of any tax obligations that may result from this Agreement. 

The parties to this Agreement acknowledge that all of the terms of this Agreement were negotiated 

at arm’s length and that this Agreement and all documents executed in connection with it were 

prepared and executed without undue influence of any kind exerted by any party upon any other 

party. 

20. Time is of the essence of each provision of this Agreement. 

21. Jury Trial Waiver. LENDER AND DEBTOR HEREBY KNOWINGLY, 

VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EACH MAY HAVE TO 

TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING 

OUT OF, UNDER OR IN CONNECTION WITH THE LOAN DOCUMENTS, THIS 

AGREEMENT AND ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN 

CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, 

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EXHIBIT B 

 

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UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

In re: 

Paul Wigoda, Case No. 19-22567-AJC 

 Debtor. Chapter 11 

___________________________________/ 

ORDER GRANTING DEBTOR’S 

MOTION FOR APPROVAL OF SETTLEMENT 

 This matter came before the Court upon the Debtor’s Motion for Approval of Settlement 

[ECF No. ____] (the “Motion”) filed by Paul Wigoda (the “Debtor”). Through the Motion, the 

Debtor requests that the Court approve the terms of the Settlement Agreement between the Debtor 

and Michael Dezer a/k/a Michel Dezertov (“Dezer”). The Court has reviewed the Motion and the 

Settlement Agreement attached as Exhibit A to the Motion and has determined that good cause 

exists for granting the relief requested in the Motion. Accordingly, for the foregoing reasons and 

being otherwise advised in the premises, the Court ORDERS and ADJUDGES as follows: 

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1. The Motion is GRANTED. 

2. The Settlement Agreement attached as Exhibit A to the Motion is APPROVED in 

its entirety. 

3. The Debtor’s debt owed to Dezer, including any payments under the Settlement 

Agreement attached as Exhibit A to the Motion, is not discharged pursuant to 11 U.S.C. § 

523(a)(2). 

4. The terms and conditions of the Settlement Agreement are incorporated by 

reference into this Order. 

5. The Court retains jurisdiction over the parties, subject matter, interpretation, 

effectuation, and enforcement of the terms of the Settlement Agreement. 

### 

Submitted by: 

Bradley S. Shraiberg, Esq. 

SHRAIBERG, LANDAU & PAGE, P.A.

Attorneys for the Debtor 

2385 NW Executive Center Drive, Suite 300 

Boca Raton, Florida 33431 

Telephone: 561-443-0800 

Facsimile: 561-998-0047 

Email: bss@slp.law 

Bradley S. Shraiberg, Esq. is directed to serve copies of this Order upon all parties in interest and 

to file a certificate of service with the Court. 

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