UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

I hereby certify that a true and correct copy of the foregoing was served through ECF on the debtor’s attorney or by U.S. First Class 

pre-paid Mail on the pro se debtor on the same day filed with the Court.

Submitted by:

NANCY K. NEIDICH, ESQ, STANDING CHAPTER 13 TRUSTEE

P.O. BOX 279806, MIRAMAR, FL 33027, (954) 443-4402

RE: GERARDO ARIAS CASE NUMBER: 19-26046-AJC

TRUSTEE'S NOTICE OF DEFICIENCY FOR CONFIRMATION AND RECOMMENDATION

The Trustee reviewed this case and found the following deficiencies remain unresolved from the Trustee’s letter 

requesting documents and prior deficiencies and thus objects as follows (If this case is dismissed, this 

deficiency is an objection to reinstatement until all documents are received or all issues are addressed): 

WRITTEN RESPONSE TO ISSUES RAISED AND/OR DOCUMENTS REQUESTED MUST BE 

RECEIVED BY 5PM AT LEAST FIFTEEN DAYS (NOT INCLUDING HOLIDAYS) PRIOR TO THE 

CONFIRMATION HEARING TO AVOID DISMISSAL. Please note documents that were not timely 

filed/received by the trustee may not be considered as there is not sufficient time for an additional review of this 

case. Call the Trustee's case administration department prior to “re-sending” documents. The Trustee 

reserves the right to raise additional objections UNTIL all documents are timely provided to the Trustee and 

reviewed for possible issues raised and additional documents needed. 

The debtor or debtor’s attorney must appear at the confirmation hearing even if they pre-hear with the 

Trustee. The debtor may be dismissed for failure to fund the plan if they are delinquent in payments. 

The Court may dismiss this case if no one appears to represent the debtor at the confirmation hearing.

IMPORTANT NOTICE: IF THE DEBTOR(S) OBJECTS TO THE TRUSTEE'S RECOMMENDATION, THE 

DEBTOR'S ATTORNEY MUST CONTACT THE TRUSTEE'S OFFICE AND SPEAK TO AN ATTORNEY 

BEFORE 2PM THE LAST BUSINESS DAY PRIOR TO THE CONFIRMATION HEARING TO SEEK A 

RESOLUTION OR THE RECOMMENDATION WILL BE DEEMED UNCONTESTED BY THE DEBTOR. 

===============================================================================

Recommendation for November 16, 2021 hearing. All amendments and documents for the November 16, 

2021 hearing were due as of October 29, 2021. (Call the Trustee's case administration department prior to 

"re-sending" documents)

If Counsel for the Debtor(s) appears at confirmation, confirms service, and agrees on the record:

Continue to 12/21:

Due on or before 5pm on 12/3: 1) Amend plan to correct inconsistency with Section I and IX, 2) Amend plan 

to fund months 1-23, 3) Address feasibility issue, 4) Address inconsistency in plan with cure of HOA and strip 

off, 5) Provide agreement between debtor and ex-wife regarding alimony-trustee has only received letter of 

former spouse stating an agreement was made between debtor and spouse. 

Trustee objects to retaining non-homestead property (8233) without sufficient rental income to maintain the nonhomestead property, pursuant to trustee’s review the Debtor receives income of $900.00 and mortgage expense is 

approximately $851.09 pursuant to POC No. 26 not including homeowners association payment in plan 

Case 19-26046-AJC Doc 198 Filed 11/09/21 Page 1 of 1