UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

IN RE: CASE No. 19-23064-BKC-JKO

Chapter 13

KISHMA GUMBS

Debtor 

________________________________/

MOTION TO MODIFY TERMS AND INTEREST RATE OF THE SECURED CLAIM OF ALLY 

BANK TREATED IN PLAN PUSUANT TO §1322 (b)(2) and 

Certificate of Service of the Motion and the Court Generated Notice of Hearing

COME NOW the Debtor, Kishman Gumbs, and hereby file this Motion to Modify Terms and 

Interest Rate on Secured Claim of Ally Bank, Claim No.: 7 (“Ally Bank”) Treated in Plan Pursuant to 

§1322 (b)(2) and in support thereof state as follows:

1. The Debtor filed for Chapter 13 protection on September 30, 2019 to reorganize their debt. 

2. That set forth in the Debtor’s schedule is a 2013 Mitsubishi Lancer, Vin 

#JA32U2FU2DU016863 with 60,000 miles valued by NADA $7,625.00 and valued by Ally 

Bank as per Proof of Claim No.: 7.

3. That Ally Bank holds a purchase-money security interest through a financing statement in 

Debtor’s 2013 Mitsubishi Lander in the amount of $3,156.18 bearing interest at the rate of 

13.25% (“Secured Claim”).

4. That at the time of filing for Chapter 13 protection, the prime interest rate was 5.00% and the 

Debtor seeks to modify the interest rate on the Secured Debt, under §1322 (b)(2), to 6.00% 

thereby including a 1.00% risk adjustment and modify the terms of the Secured Debt to 

provide for its cure over the life of the Plan.

WHEREFORE the Debtor respectfully request this Honorable Court enter an order 

A) Approving the modification of the terms of the Secured Debt of Ally Bank to the 60 month 

Plan term;

B) Approving the modification of the interest rate of the Aly Bank’s Secured Debt to 6.00%;

C) Setting forth that any claim filed by or on behalf of Ally Bank shall be deemed amended 

accordingly.

D) Approving attorney fees and cost of $525.00 for representation involved with this motion

I 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)

Case 19-23064-PGH Doc 28 Filed 01/31/20 Page 1 of 2
Respectfully submitted,

Miller & Funcia, P.A.

9555 N. Kendall Drive, Suite 211

Miami, Florida 33176

Phone: 305-274-2922

Fax: 305-722-3656

millerandfunciapa@gmail.com

/s/________________________

Jose P. Funcia, Esq. FBN 0698210

CERTIFICATE OF SERVICE AND COMPLIANCE WITH LOCAL RULE 9073-1(D)

I certify that a true copy of the foregoing motion, and a true copy of the Notice of Hearing of the 

foregoing motion, subsequently generated by the court after the filing of the foregoing motion, will be 

served on January 31, 2020 as follows:

Electronically

Jose P Funcia on behalf of Debtor Kishma P Gumbs

millerfunciaecf2@gmail.com,, millerandfunciapa@ecf.inforuptcy.com

Ida Moghimi Kian on behalf of Creditor FLAGSTAR BANK, FSB

southerndistrict@shdlegalgroup.com

Office of the US Trustee

USTPRegion21.MM.ECF@usdoj.gov

Robin R Weiner

ecf@ch13weiner.com;ecf2@ch13weiner.com

Via First Class Mail

Ally Bank

P. O. Box 130424

Roseville, MN 55113-0004

VIA Certified Mail

Ally Bank

C/O Jeffrey J. Brown, CEO

200 West Civic Centre Drive

Sandy, UT 84070

Certified No.: 7019 0700 0001 6507 1143

Respectfully submitted,

Miller & Funcia, P.A.

9555 N. Kendall Drive, Suite 211

Miami, Florida 33176

Phone: 305-274-2922

Fax: 305-722-3656

millerandfunciapa@gmail.com

/s/________________________

Jose P. Funcia, Esq. FBN 0698210

Case 19-23064-PGH Doc 28 Filed 01/31/20 Page 2 of 2