IN THE UNITED STATES BANKRUPTCY COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

In re:

SOLANGEL M BELLO CASE NO. 19-20216-AJC

AKA SOLANGEL D BELLO CHAPTER 13

AKA SOLANGEL MERECDES BELLO

AKA SOLANGEL BELLO

Debtor.

_______________________________/

MOTION FOR ORDER CONFIRMING THE AUTOMATIC STAY IS NOT IN EFFECT

ANY INTERESTED PARTY WHO FAILS TO FILE AND SERVE A WRITTEN 

RESPONSE TO THIS MOTION WITHIN TWENTY-ONE (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. 

Specialized Loan Servicing LLC, as servicing agent for MEB Loan Trust IV, U.S. Bank 

National Association, not in its individual capacity but solely as trustee (“Movant”), respectfully 

requests an Order Confirming the Automatic Stay is not in Effect as to Movant, pursuant to 11 

U.S.C. §362(j), and states:

1. On April 10, 2006, the Debtor, executed a promissory note in favor of Bank of 

America, NA and a mortgage securing payment of the promissory note regarding the following 

property: 

ALL THAT CERTAIN LAND IN MIAMI-DADE COUNTY, FLORIDA, TO-WIT:

LOT(S) 12, BLOCK 6 OF PRIMAVERA ADDITION 1 AS RECORDED IN PLAT BOOK 

154, PAGE 20, ET SEQ., OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, 

FLORIDA.

SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS, COVENANTS, OIL, 

GAS OR MINERAL RIGHTS OF RECORD, IF ANY. 

AKA 1624 NW 77th Path, Miami Lakes, FL 33016 (“Property”).

Case 19-20216-AJC Doc 98 Filed 10/13/20 Page 1 of 3
2. In the Second Modified Plan (Doc. No. 84), the Debtors list the property in the Plan 

and note that payments will be made directly outside of the Plan beginning in Month 8.

3. Paragraph 5 of the Order Granting Motion to Modify Plan (Doc. No. 92) provides 

for in rem relief to secured creditors for which the confirmed plan does not include payments. 

4. Pursuant to 11 U.S.C. §1327(b), the Property vested in the Debtor upon 

confirmation, which removed it from the estate. 

5. 11 U.S.C. §362(c)(1) states: 

(c) Except as provided in subsections (d), (e), (f), and (h) of this section—

(1) the stay of an act against property of the estate under subsection (a) of 

this section continues until such property is no longer property of the estate;

6. 11 U.S.C. §362(j) states: 

(j) On request of a party in interest, the court shall issue an order under 

subsection (c) confirming that the automatic stay has been terminated.

7. Accordingly, Movant seeks an order confirming that the automatic stay is not in 

effect as to its interest in the Property, as the Plan includes payments for Months 1 through 7 and 

then directly outside of the Plan in Month 8.

WHEREFORE, Movant, respectfully requests the Court enter an order confirming the 

termination of the automatic stay as to Movant and granting such other relief that the Court may 

deem just and proper.

/s/ Gavin N. Stewart

Gavin N. Stewart, Esquire

Florida Bar Number 52899

P.O. Box 5703

Clearwater, FL 33758

P: (727) 565-2653

F: (727) 213-9022

E: bk@stewartlegalgroup.com

Counsel for Movant 

Case 19-20216-AJC Doc 98 Filed 10/13/20 Page 2 of 3
CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was served by CM/ECF notice 

and first-class mail this 13th day of October 2020.

/s/ Gavin N. Stewart

Gavin N. Stewart, Esquire

Florida Bar Number 52899

VIA FIRST CLASS MAIL

Solangel M Bello

16424 NW 77th Path

Miami Lakes, FL 33016

VIA CM/ECF NOTICE

Timothy S Kingcade, Esq

1370 Coral Way

Miami, FL 33145

Nancy K. Neidich

POB 279806

Miramar, FL 33027

Office of the US Trustee

51 S.W. 1st Ave.

Suite 1204

Miami, FL 33130

Case 19-20216-AJC Doc 98 Filed 10/13/20 Page 3 of 3