ALAW FILE NO. 19-024775 

 IN THE UNITED STATES BANKRUPTCY COURT 

 FOR THE SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

IN RE: 

PAULINE BROWN 

 

 CASE NO.: 19-22944-JKO 

 CHAPTER: 13 

Debtor. 

__________________________/ 

RESPONSE TO OBJECTION TO CLAIM NO. 12 

COMES NOW MEB Loan Trust IV (the “Creditor”), by and through the undersigned 

counsel, and hereby files this Response to Objection to Claim No. 12 (the “Response”); and in 

support, respectfully alleges the following:

1. The Creditor is mortgagee for a loan on property owned by Debtor, located at 5901 

NW 14th PL., Sunrise, FL 33313.

2. The Creditor affirms a timely Proof of Claim [Claim 12-1] was filed on January 

3, 2020 in the total debt amount of $88,346.07, a secured arrearage amount of $12,297.90, and 

an ongoing, post-petition amount of $805.99.

3. On January 21, 2020, the Debtor filed an Objection to Claim No. 12-1 (DE 39)

(the “Objection”) and in such Objection, Debtor’s basis for objection is that the regular monthly 

mortgage payment should be $351.00 and not $805.99 as listed on Claim 12-1.

4. The Creditor’s Proof of Claim should be allowed to stand as filed since the Proof

of Claim reflects the true and correct status of the loan as of the date of the filing of the petition.

5. The original loan terms remain in effect; Claim 12-1 is prima facie evidence of 

the Debt as of the date of the Bankruptcy Petition, and the Debtor presents no evidence to rebut 

the prima facie effect of Claim 12-1.

6. Based on the foregoing, the Proof of Claim should be allowed as filed and the 

Debtor should be required to pay the arrearage through the Chapter 13 Plan. 

7. This matter has been scheduled for hearing on March 2, 2020 at 1:00 P.M. 

Case 19-22944-PGH Doc 46 Filed 02/05/20 Page 1 of 3
ALAW FILE NO. 19-024775 

8. The Creditor reserves the right to supplement and/or amend this Response in 

the future.

WHEREFORE, MEB Loan Trust IV, respectfully requests that this Court enter an Order 

Denying Debtor’s Objection to Claim 12, and awarding any and all other relief this Court deems 

just and appropriate. 

/s/ Ella Roberts 

Ella Roberts, Esq. 

FBN 0075943 

813-221-4743 

Albertelli Law 

Attorney for Secured Creditor 

PO Box 23028 

Tampa, FL 33623 

Facsimile: (813) 221-9171 

bkfl@albertellilaw.com 

 

 

Case 19-22944-PGH Doc 46 Filed 02/05/20 Page 2 of 3
ALAW FILE NO. 19-024775 

CERTIFICATE OF SERVICE 

 I HEREBY CERTIFY that a true and correct copy of the foregoing Response to Objection 

to Claim No. 12, was provided via electronic and/or regular U.S. Mail to the parties on the attached 

service list, this 5th day of February, 2020.

SERVICE LIST 

Debtor

Pauline Brown 

5901 NW 14 Pl 

Sunrise, FL 33313 

Debtor’s Attorney

Conwade D. Lewis, Esq. 

3500 N State Rd 7 Ste#440 

Lauderdale Lakes, FL 33319 

Trustee

Robin R Weiner 

www.ch13weiner.com 

POB 559007 

Fort Lauderdale, FL 33355 

U.S. Trustee

Office of the US Trustee 

51 S.W. 1st Ave. 

Suite 1204 

Miami, FL 33130 

/s/ Ella Roberts 

Ella Roberts, Esq. 

FBN 0075943 

813-221-4743 

Albertelli Law 

Attorney for Secured Creditor 

PO Box 23028 

Tampa, FL 33623 

Facsimile: (813) 221-9171 

bkfl@albertellilaw.com

Case 19-22944-PGH Doc 46 Filed 02/05/20 Page 3 of 3