UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

www.flsb.uscourts.gov

In re:

Mario L Sorroche Moreno Case No. 19-17620-RAM

Debtor. Chapter 13

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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

(This Order cancels the Evidentiary Hearing set for October 11, 2019 at 10:00AM)

This action having come before this Court on September 26, 2019 at 2:30 PM upon the 

Debtor’s Expedited Motion for Contempt, for Sanctions Against Senna Lenders Corp. (herein 

“Creditor”), 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 (herein “Motion for Contempt, Sanctions, and Final Judgment”) [DE #51]:

IT IS ORDERED AND ADJUDGED as follows:

1. The Motion for Contempt, Sanctions, and Final Judgment is GRANTED.

ORDERED in the Southern District of Florida on September 30, 2019.

Robert A. Mark, Judge

United States Bankruptcy Court

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2. The Court’s findings on the record are hereby incorporated into this Order Granting the 

Motion for Contempt, Sanctions, and Final Judgment. 

3. The Court finds that the matters embraced in the Evidentiary Hearing Order at ECF#35

and other designated facts are taken as established as the Debtor claims, that the Requests 

for Admissions are all deemed admitted, and that any defenses of the Creditor are 

stricken as to issues of willfulness and damages. 

4. The Court finds that the Creditor willfully violated the Automatic Stay under 11 USC § 

362(k) by repossessing the Debtor’s 2012 Volvo Truck (herein “Vehicle”) with prior 

knowledge of the bankruptcy and furthermore refusing to return the Vehicle upon various 

demands by the Debtor’s attorneys.

5. The Court finds that the Attorney’s Updated Fees and Costs Affidavit found at ECF#52 

are reasonable and are approved for a total amount of $9,320.35. 

6. The Court also finds that the conduct of the Creditor was sufficiently egregious to 

warrant punitive damages in an amount twice that of the reasonable attorney’s fees and 

costs for $18,640.70 to deter the Creditor’s behavior. 

7. The Court will enter a separate monetary Final Judgement for a total amount of 

$27,961.05 pursuant to these findings. 

8. The Court instructs Debtor’s counsel to provide additional notice of this Order via First 

Class US Mail to the Principal and Registered Agent for Senna Lenders at: 

Sergio G. Bertisch,

President & R.A.

651 NE 191 Terrace,

Miami, FL 33179

9. The Court shall retain jurisdiction of this Order to enforce the terms of this Order. 

# # #

Attorney Jose A. Blanco, Esq. is hereby directed to serve a copy of this order upon all interested parties.

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Respectfully Submitted By: 

ROBERT SANCHEZ, P.A.

Attorney for Debtor 

355 W 49th Street

Hialeah, FL 33013

Tel. (305) 687-8008

By:/s/Jose A. Blanco _________________

Jose A. Blanco, Esq., FBN#062449

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