1

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISON

www.flsb.uscourts.gov

GLORIA JEAN OUSLEY BELLAMY, Case No. 19-26594-EPK

Debtor. Chapter 13

__________________________________/

DEBTOR’S MOTION FOR THE IMPOSITION OF 

SANCTIONS AND AN AWARD OF DAMAGES, PUNITIVE DAMAGES, 

ATTORNEYS’ FEES AND COSTS AGAINST STRATEGIC LINK 

CONSULTING, LP FOR WILLFUL VIOLATIONS OF THE AUTOMATIC STAY

Debtor, Gloria Jean Ousley Bellamy (“Debtor”), by and through her undersigned counsel

who is making a limited appearance in this case for the sole purpose of filing and prosecuting this 

motion, and pursuant to 11 U.S.C. §§ 105(a) and 362(k)(1), files this Motion for the Imposition of 

Sanctions and an Award of Damages, Punitive Damages, Attorneys’ Fees and Costs Against 

Strategic Link Consulting, LP (“Strategic”) for its repeated willfully violations of the automatic 

stay, as follows:

Preliminary Statement

On April 21, 2020, undersigned telephoned MaxLend’s customer service number and 

spoke with an individual who informed him that she is actually employed by Strategic and 

provided the name of the customer service manager (name Nia Hodo) who is in charge of the 

MaxLend account and her phone number with an Atlanta, GA area code [678] and whose email 

address is nhodo@slchq.com. 

Nia Hodo’s name was previously provided to undersigned on April 8, 2020 during another 

phone call with who undersigned believed with a MaxLend customer service representative who 

said her manager’s name was Nia Hodo who works out of Atlanta. As set forth on Exhibit “A”

Case 19-26594-EPK Doc 54 Filed 04/21/20 Page 1 of 47
2

attached hereto, Strategic is Texas limited partnership whose corporate address is 2015 Vaughn 

Road, Suite 575, Kennesaw, GA 30060 and whose limited partners are Jay Clark and SL 

Consulting Management, Inc. As set forth on Exhibit “B” attached hereto, Strategic’s website 

address is www.slchq.com – the same as the one use for Nia Hodo’s email address.

A. Relevant Background

1. Debtor filed this case on December 12, 2019 (the "Petition Date").

2. On December 23, 2019, Debtor filed her bankruptcy schedules [ECF No. 9], listing 

MaxLend as an unsecured creditor on Schedule E in the amount of $4,049 and with an address of 

217 3rd Avenue, Parshall, ND 58770.

3. On February 18, 2020, Debtor filed Amended Motion for Sanctions for Willfully 

Violating the Automatic Stay (the “First Motion”) [ECF No. 29], for what undersigned has just 

learned, was Strategic’s constant emails and phone calls to the Debtor on behalf of MaxLend, 

demanding payment for debts that arose prior to the Petition Date in willful violation of the 

automatic stay.

4. The First Motion, which in the interests of brevity is fully incorporated herein and 

a copy of which is attached hereto as Exhibit “C”.

5. On March 5, 2020, the Court held a hearing on the First Motion which was dulynoticed to MaxLend, who did not appear or file any response to the First Motion.

6. On March 16, 2020, the Court entered its Order Awarding Actual and Punitive

Damages Against MaxLend [ECF No. 35], a copy of which is attached as Exhibit “D”.

7. As undersigned has just learned today, Strategic on behalf of MaxLend, was the 

one making the phone calls and sending the emails and then continued its constant emails and 

phone calls to the Debtor, causing the Debtor to file a Second Motion for Sanctions for Willfully 

Case 19-26594-EPK Doc 54 Filed 04/21/20 Page 2 of 47
3

Violating the Automatic Stay (the “Second Motion”) [ECF No. 39] on March 18, 2020, which 

in the interests of brevity is fully incorporated herein and a copy of which is attached hereto as 

Exhibit “E”.

8. Thereafter, Debtor filed a Supplement to the Second Sanctions Motion, a copy of 

which is attached hereto as Exhibit “F”

9. On April 14, 2020, the Court entered its Order Awarding Additional Actual and 

Punitive Damages Against MaxLend (the “Second Sanctions Order”) [ECF No. 50], a copy of 

which is attached hereto as Exhibit “G”.

10. To date, MaxLend has failed to pay any of the monies awarded pursuant to the First 

Sanctions Order and Second Sanctions Order.

11. The daily phone calls and periodic emails from Strategic to the Debtor have finally 

stopped – but only after this Court’s issuance of two sanctions orders.

12. Nia Hodo has failed to respond to any of undersigned emails or phone calls.

13. Nobody from Strategic or MaxLend has ever reached out to undersigned as well.

14. This motion is also being served by email upon James Robert Manion, III, who is 

listed on Strategic’s website as being its Chief Legal Officer and upon Stategic’s registered agent 

listed with the State of Texas Secretary of State.

B. Legal Authority

15. Section 362(k)(1) of the Bankruptcy Code authorizes the award of actual and 

punitive damages for willful violations of the automatic stay. Vaughn v. Cent. Miss. Credit Corp. 

(In re Vaughn), 542 B.R. 589, 598 (Bankr. M.D. Ala. 2015). 

16. In the case of In re WVF Acquisition, LLC, 420 B.R. 902, 910 (Bank. S.D. Fla. 

2009) (Kimball, J.), this Court held:

Case 19-26594-EPK Doc 54 Filed 04/21/20 Page 3 of 47
4

Damages may be awarded for violation of the automatic stay when the violation is 

"willful." Jove Eng'g, Inc. v. IRS, 92 F.3d 1539, 1555 (11th Cir. 1996) (citations 

omitted). A violation of the automatic stay is "willful if the violator (1) knew of 

the automatic stay and (2) intentionally committed the violative act, regardless 

whether the violator specifically intended to violate the stay." Id. (citing cases in 

other circuits). The requirement that the violator knew of the automatic stay does 

not mean that the violator need be aware of the provisions of section 362. It is 

sufficient that the violator had actual knowledge of the bankruptcy case, Randolph 

v. IMBS, Inc., 368 F.3d 726, 728 (7th Cir. 2004), or "notice of sufficient facts to 

cause a reasonably prudent person to make additional inquiry to determine whether 

a bankruptcy petition has been filed." Sansone v. Walsworth (In re Sansone), 99 

B.R. 981, 984 (Bankr. C.D. Cal. 1989) (citation omitted).

Id.

17. Strategic’s actions discussed in the First Motion and Second Motion represent a 

willful violation of the automatic stay because it (through MaxLend) had actual knowledge of this 

bankruptcy case and of the automatic stay and has continued to collect and attempt to collect 

monies from the Debtor in violation of 11 U.S.C. § 362(a)(6) (the automatic stay prevents a 

creditor from undertaking “any act to collect, assess, or recover a claim against the debtor that 

arose before the commencement of the case”).

18. As a result of Strategic’s willful violations of the automatic stay, the Debtor has 

been injured and he entitled to recover actual damages, including costs and attorneys' fees pursuant 

to 11 U.S.C. § 362(k)(1).

19. When faced with the issue of punitive damages for willful violations of the 

automatic stay, this Court also held:

"[P]unitive damages are awarded in response to particularly egregious conduct for 

both punitive and deterrent purposes. Such awards are 'reserved . . . for cases in 

which the defendant's conduct amounts to something more than a bare violation 

justifying compensatory damages or injunctive relief.' To recover punitive 

damages, the defendant must have acted with actual knowledge that he was 

violating the federally protected right or with reckless disregard of whether he was 

doing so." In re Wagner, 74 B.R. 898, 903-04 (Bankr. E.D. Pa. 1987) (quoting 

Cochetti v. Desmond, 572 F.2d 102, 106 (3d Cir. 1978)). Decisions awarding 

punitive damages in this context typically consider the following factors: (1) the 

Case 19-26594-EPK Doc 54 Filed 04/21/20 Page 4 of 47
5

nature of the violator's conduct; (2) the nature and extent of the harm to the debtor; 

(3) the violator's ability to pay; (4) the motives of the violator; and (5) any 

provocation by the debtor. Id. at 905-06; see also In re White, 410 B.R. 322, 327 

(Bankr. M.D. Fla. 2009) (citing cases); In re Keen, 301 B.R. 749, 755 (Bankr. S.D. 

Fla. 2003) (citing various cases).

Id. at 914

20. In this case, Strategic’s actions justify the imposition of punitive damages due the 

continuous and numerous violations of the automatic stay discussed above. The Debtor has been 

harassed constantly with phone calls, had money withdrawn from her account after filing 

bankruptcy and had to pay money to stop the second attempt to withdraw money from her account.

21. Undersigned has no reason to believe Strategic has any inability to pay a punitive 

damage award and should suffer punishment to deter any future willful violations of the automatic 

stay in other bankruptcy cases and causing harm to innocent debtors.

22. As such, based on the facts and applicable law discussed herein, the Court should

also award punitive damages against Strategic pursuant to 11 U.S.C. § 362(k)(1).

WHEREFORE, the Debtor respectfully requests the entry of an order imposing sanctions 

against Strategic Link Consulting, LP for willfully violating the automatic stay, awarding actual 

damages, punitive damages, attorney’s fees and costs in favor of the Debtor and against Strategic 

Link Consulting, LP and providing for such other relief as the Court deems just and proper.

Respectfully submitted on this 21st day of April, 2020.

LAW OFFICE OF MARK S. ROHER, P.A.

Counsel for Debtor

150 S. Pine Island Road, Suite 300

Plantation, Florida 33324

Email: mroher@markroherlaw.com

Telephone: (954) 353-2200

Facsimile: (877) 654-0090

By: /s/ Mark S. Roher

Mark S. Roher

Florida Bar No. 178098

Case 19-26594-EPK Doc 54 Filed 04/21/20 Page 5 of 47
6

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 21st day of April, 2020, a true and correct copy of the 

foregoing was served by CM/ECF on all parties listed below and by U.S. Mail where indicated.

/s/ Mark S. Roher

 Mark S. Roher

CM/ECF

Robin R Weiner

ecf@ch13weiner.com;ecf2@ch13weiner.com

Office of the US Trustee

USTPRegion21.MM.ECF@usdoj.gov

U.S. Mail

Strategic Link Consulting, LP

Attention: Jay Clark - Chief of Staff and General Partner

2015 Vaughn Road

Suite 575

Kennesaw, GA 30060

Strategic Link Consulting, LP

Attention: James Robert Manion, III -Chief Legal Officer

3011 Quail Run Dr.

High Point, NC 27265-2583

Strategic Link Consulting, LP

c/o National Registered Agents, Inc.

1999 Bryan St., Ste 900

Dallas, TX 75201

Case 19-26594-EPK Doc 54 Filed 04/21/20 Page 6 of 47
4/21/2020 GEORGIA

https://ecorp.sos.ga.gov/BusinessSearch/BusinessInformation?businessId=1467378&businessType=Foreign Limited Partnership&fromSearch=True 1/1

BUSINESS SEARCH

GEORGIA

CORPORATIONS

DIVISION

GEORGIA SECRETARY OF STATE

BRAD RAFFENSPERGER

HOME (/) 

BUSINESS INFORMATION

Business Name: STRATEGIC LINK

CONSULTING, LP Control Number: 09059530

Business Type: Foreign Limited

Partnership Business Status: Active/Compliance

Business Purpose: NONE

Principal Office Address:

2015 Vaughn Rd, Suite

575, Kennesaw, GA,

30144, USA

Date of Formation /

Registration Date: 8/10/2009

Jurisdiction: Texas Last Annual Registration

Year: 2020

Principal Record Address: NONE

REGISTERED AGENT INFORMATION

Registered Agent Name: National Registered Agents, Inc.

Physical Address: 289 S. Culver Street, Lawrenceville, GA, 30046-4805, USA

County: Fulton

GENERAL PARTNER INFORMATION

Name Title Business Address

Jay Clark General Partner 2015 Vaughn Rd, Suite 575, Kennesaw, GA, 30144, USA

SL CONSULTING MANAGEMENT,, INC. General Partner 2015 Vaughn Rd, Suite 575, Kennesaw, GA, 30144, USA

Back

Filing History Name History

Return to Business Search

Report a Problem?

Office of the Georgia Secretary of State Attn: 2 MLK, Jr. Dr. Suite 313, Floyd West Tower Atlanta, GA 30334-1530,

Phone: (404) 656-2817 Toll-free: (844) 753-7825, WEBSITE: https://sos.ga.gov/ 

© 2015 PCC Technology Group. All Rights Reserved. Version 6.1.3

Case 19-26594-EPK Doc 54 Filed 04/21/20 Page 7 of 47
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Contact Us

Strategic Link is headquartered in Atlanta Georgia and is the premier provider of lending solutions

for the consumer specialty finance sector. We’re a fintech pioneer that’s been delivering end-to-end,

advanced technology platforms with highly integrated services and support since 2005.

If you need account support or have questions about our Loan Management System powered by

TranDotComSM technology, would like to learn more about leveraging solutions or services, or have

any other questions, please contact us using the form below.

CORPORATE HEADQUARTERS

Strategic Link

2015 Vaughn Road

Suite 575

Kennesaw, GA 30060

CONTACT INFORMATION

Toll-free: 1 (888)-884-2511

LinkedIn

BUSINESS HOURS

Mon-Fri, 8:30AM-5:30PM EST

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Case 19-26594-EPK Doc 54 Filed 04/21/20 Page 8 of 47
1

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISON

www.flsb.uscourts.gov

GLORIA JEAN OUSLEY BELLAMY, Case No. 19-26594-EPK

Debtor. Chapter 13

__________________________________/

DEBTOR’S AMENDED1 MOTION FOR THE IMPOSITION OF SANCTIONS 

AND AN AWARD OF DAMAGES, PUNITIVE DAMAGES, ATTORNEYS’

FEES AND COSTS AGAINST MAKE CENTS INC. d/b/a MAXLEND

Debtor, Gloria Jean Ousley Bellamy (“Debtor”), by and through her undersigned counsel

who is making a limited appearance in this case for the sole purpose of filing and prosecuting this 

motion, and pursuant to 11 U.S.C. §§ 105(a) and 362(k)(1), files this Amended Motion for the 

Imposition of Sanctions and an Award of Damages, Punitive Damages, Attorneys’ Fees and Costs 

Against Make Cents, Inc. d/b/a MaxLend (“MaxLend”) its repeated willfully violations of the 

automatic stay, as follows:

A. Relevant Background

1. Debtor filed this case on December 12, 2019 (the "Petition Date").

2. On December 23, 2019, Debtor filed her bankruptcy schedules [ECF No. 9], listing 

MaxLend as an unsecured creditor on Schedule E in the amount of $4,049 and with an address of 

217 3rd Avenue, Parshall, ND 58770.

3. On December 25, 2019, the Notice of Meeting of Creditors [ECF No. 14] was 

mailed to MaxLend [ECF No. 15].

1 Amended to delete paragraph 9 and Exhibit “E” that was erroneously referenced and attached to the original 

motion.

Case 19-26594-EPK Doc 29 Filed 02/18/20 Page 1 of 14 Case 19-26594-EPK Doc 54 Filed 04/21/20 Page 9 of 47
2

4. According to MaxLend’s website, its physical address is 217 3rd Avenue, Parshall, 

ND 58770. A copy of the website page is attached hereto as Exhibit “A”.

5. A review of the Court’s docket reveals that none of the notices send by the Court 

to MaxLend have been returned as undeliverable.

6. Despite having received actual notice of this bankruptcy case, MaxLend withdrew 

from Debtor’s account via ACH transfer $263.98 on January 3, 2020 and also attempt to withdraw 

another $263.98 on February 3, 2020 as set forth on Exhibit “B” attached hereto.

7. Debtor was able to stop the attempted February 3, 2020 withdrawal but had to incur 

a $30.00 stop payment fee as set forth on Exhibit “C” attached hereto.

8. On January 30, 2020, MaxLend emailed the Debtor stating:

Your scheduled payment is due soon

Hi Gloria Jean,

Just a little reminder that the next scheduled payment for your MaxLend installment 

loan is due in 4 days. Please ensure that funds are available in your account.

A copy of this email is attached hereto as Exhibit “D” (emphasis in original).

9. Finally, representatives from MaxLend have been calling the Debtor every day 

since February 5, 2020 as set forth on the Debtor’s hand-written phone log attached hereto as 

Exhibit “F”.

B. Legal Authority

10. Section 362(k)(1) of the Bankruptcy Code authorizes the award of actual and 

punitive damages for willful violations of the automatic stay. Vaughn v. Cent. Miss. Credit Corp. 

(In re Vaughn), 542 B.R. 589, 598 (Bankr. M.D. Ala. 2015). 

11. In the case of In re WVF Acquisition, LLC, 420 B.R. 902, 910 (Bank. S.D. Fla. 

Case 19-26594-EPK Doc 54 Filed 04/21/20 Page 10 of 47 Case 19-26594-EPK Doc 29 Filed 02/18/20 Page 2 of 14
3

2009) (Kimball, J.), this Court held:

Damages may be awarded for violation of the automatic stay when the violation is 

"willful." Jove Eng'g, Inc. v. IRS, 92 F.3d 1539, 1555 (11th Cir. 1996) (citations 

omitted). A violation of the automatic stay is "willful if the violator (1) knew of 

the automatic stay and (2) intentionally committed the violative act, regardless 

whether the violator specifically intended to violate the stay." Id. (citing cases in 

other circuits). The requirement that the violator knew of the automatic stay does 

not mean that the violator need be aware of the provisions of section 362. It is 

sufficient that the violator had actual knowledge of the bankruptcy case, Randolph 

v. IMBS, Inc., 368 F.3d 726, 728 (7th Cir. 2004), or "notice of sufficient facts to 

cause a reasonably prudent person to make additional inquiry to determine whether 

a bankruptcy petition has been filed." Sansone v. Walsworth (In re Sansone), 99 

B.R. 981, 984 (Bankr. C.D. Cal. 1989) (citation omitted).

Id.

12. MaxLend’s actions discussed above represent a willful violation of the automatic 

stay because it had actual knowledge of this bankruptcy case and of the automatic stay and has 

continued to collect and attempt to collect monies from the Debtor in violation of 11 U.S.C. § 

362(a)(6) (the automatic stay prevents a creditor from undertaking “any act to collect, assess, or 

recover a claim against the debtor that arose before the commencement of the case”).

13. As a result of Debtor’s willful violations of the automatic stay, the Debtor has been 

injured and he entitled to recover actual damages, including costs and attorneys' fees pursuant to 

11 U.S.C. § 362(k)(1).

14. When faced with the issue of punitive damages for willful violations of the 

automatic stay, this Court also held:

"[P]unitive damages are awarded in response to particularly egregious conduct for 

both punitive and deterrent purposes. Such awards are 'reserved . . . for cases in 

which the defendant's conduct amounts to something more than a bare violation 

justifying compensatory damages or injunctive relief.' To recover punitive 

damages, the defendant must have acted with actual knowledge that he was 

violating the federally protected right or with reckless disregard of whether he was 

doing so." In re Wagner, 74 B.R. 898, 903-04 (Bankr. E.D. Pa. 1987) (quoting 

Cochetti v. Desmond, 572 F.2d 102, 106 (3d Cir. 1978)). Decisions awarding 

punitive damages in this context typically consider the following factors: (1) the 

Case 19-26594-EPK Doc 54 Filed 04/21/20 Page 11 of 47 Case 19-26594-EPK Doc 29 Filed 02/18/20 Page 3 of 14
4

nature of the violator's conduct; (2) the nature and extent of the harm to the debtor; 

(3) the violator's ability to pay; (4) the motives of the violator; and (5) any 

provocation by the debtor. Id. at 905-06; see also In re White, 410 B.R. 322, 327 

(Bankr. M.D. Fla. 2009) (citing cases); In re Keen, 301 B.R. 749, 755 (Bankr. S.D. 

Fla. 2003) (citing various cases).

Id. at 914

15. In this case, MaxLend’s action justify the imposition of punitive damages due the 

continuous and numerous violations of the automatic stay discussed above. The Debtor has been 

harassed constantly with phone calls, had money withdrawn from her account after filing 

bankruptcy and had to pay money to stop the second attempt to withdraw money from her account.

16. Undersigned has no reason to believe MaxLend has any inability to pay a punitive 

damage award and should suffer punishment to deter any future willful violations of the automatic 

stay in other bankruptcy cases and causing harm to innocent debtors.

17. As such, based on the facts and applicable law discussed herein, the Court should

award punitive damages against MaxLend pursuant to 11 U.S.C. § 362(k)(1).

WHEREFORE, the Debtor respectfully requests the entry of an order imposing sanctions 

against Make Cents, Inc. d/b/a MaxLend for willfully violating the automatic stay, awarding 

damages, punitive damages, attorney’s fees and costs in favor of the Debtor and against Make 

Cents, Inc. d/b/a MaxLend and providing for such other relief as the Court deems just and proper.

Respectfully submitted on this 17

th day of February, 2020.

LAW OFFICE OF MARK S. ROHER, P.A.

Counsel for Debtor

150 S. Pine Island Road, Suite 300

Plantation, Florida 33324

Email: mroher@markroherlaw.com

Telephone: (954) 353-2200

Facsimile: (877) 654-0090

By: /s/ Mark S. Roher

Mark S. Roher

Florida Bar No. 178098

Case 19-26594-EPK Doc 54 Filed 04/21/20 Page 12 of 47 Case 19-26594-EPK Doc 29 Filed 02/18/20 Page 4 of 14
5

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 17

th day of February, 2020, a true and correct copy of 

the foregoing was served by CM/ECF on all parties listed below and by U.S. Mail, Federal Express 

and facsimile where indicated on February 18, 2020.

/s/ Mark S. Roher

 Mark S. Roher

CM/ECF

Robin R Weiner

ecf@ch13weiner.com;ecf2@ch13weiner.com

Office of the US Trustee

USTPRegion21.MM.ECF@usdoj.gov

U.S. Mail and Federal Express and Facsimile

Make Cents, Inc. d/b/a MaxLend

Attention: Richard Mayer, Chief Operating Officer

217 3rd Avenue

Parshall, ND 58770

Fax: (701) 862-2368

Case 19-26594-EPK Doc 54 Filed 04/21/20 Page 13 of 47 Case 19-26594-EPK Doc 29 Filed 02/18/20 Page 5 of 14
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We would like to help! You can call or email us, or read our Frequently Asked Questions (faq.aspx) for answers to

commonly asked question.

Call Us: 877-936-4336

(tel://877-936-4336)

Hours of Operation

Company Address

Mailing Address

P.O. Box 639

Parshall, ND 58770

Physical Address

217 3rd Avenue NE

Parshall, ND 58770

Loan Processing

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Case 19-26594-EPK Doc 29 Filed 02/18/20 Page 6 of 14

EXHIBIT "A"

Case 19-26594-EPK Doc 54 Filed 04/21/20 Page 14 of 47
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MaxLend, is a sovereign enterprise, an economic development arm and instrumentality of, and wholly-owned and controlled by, the Mandan,

Hidatsa, and Arikara Nation, a federally-recognized sovereign American Indian Tribe. (the “Tribe”). This means that MaxLend’s loan

products are provided by a sovereign government and the proceeds of our business fund governmental services for Tribe citizens. This also

means that MaxLend is not subject to suit or service of process. Rather, MaxLend is regulated by the Tribe. If you do business with

MaxLend, your potential forums for dispute resolution will be limited to those available under Tribal law and your loan agreement. As more

specifically set forth in MaxLend’s contracts, these forums include an informal but affordable and efficient Tribal dispute resolution, or

individual arbitration before a neutral arbitrator. Otherwise, MaxLend is not subject to suit or service of process. Neither MaxLend nor the

Tribe has waived its sovereign immunity in connection with any claims relative to use of this website. If you are not comfortable doing

business with sovereign instrumentality that cannot be sued in court, you should discontinue use of this website.

 Common Questions

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Case 19-26594-EPK Doc 54 Filed 04/21/20 Page 15 of 47 Case 19-26594-EPK Doc 29 Filed 02/18/20 Page 7 of 14
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© MaxLend 2020 | All rights Reserved

P.O. Box 639 | Parshall, ND 58770

Sitemap (sitemap.aspx)

MaxLend is a lender owned by the Mandan, Hidatsa, and Arikara Nation — the Three Affiliated Tribes of the Fort Berthold Reservation, a

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Case 19-26594-EPK Doc 54 Filed 04/21/20 Page 16 of 47 Case 19-26594-EPK Doc 29 Filed 02/18/20 Page 8 of 14
CHASE0 

JTRANSACTION DETAILj 

(continued) 

December 17, 2019throughJanuary 16, 2020 

Account Number: 2692 

DATE 

01103 

DESCRIPTION 

Maxlend Fees 57511A20078954 Web IIJ: 90000A2133 

A MOO NT 

·263.98 

BALANC� 

1,163.38 

Page 2 of 4 

Case 19-26594-EPK Doc 29 Filed 02/18/20 Page 9 of 14

EXHIBIT "B"

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EXHIBIT "C"

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EXHIBIT "D"

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EXHIBIT "F"

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Page 1 of 3

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

In re: Case No. 19-26594-EPK

GLORIA JEAN OUSLEY BELLAMY, Chapter 13

Debtor.

______________________________________/

ORDER AWARDING ACTUAL AND PUNITIVE DAMAGES

AGAINST MAKE CENTS INC. d/b/a MAXLEND

This matter came before the Court for hearing on March 5, 2020 upon the Debtor’s 

Amended Motion for the Imposition of Sanctions and an Award of Damages, Punitive 

Damages, Attorneys’ Fees and Costs Against Make Cents Inc. d/b/a MaxLend [ECF No. 29] 

(the “Motion”) filed by Gloria Jean Ousley Bellamy, the Debtor in this chapter 13 case. 

The Debtor duly served the Motion and related notice of hearing by Federal Express, 

as well as by United States mail, on Make Cents, Inc. d/b/a/ MaxLend (“MaxLend”) [ECF No. 

33]. MaxLend did not file a response to the Motion, nor did MaxLend appear at the hearing. 

The Court carefully reviewed the Motion and considered arguments presented at the 

hearing.

Erik P. Kimball, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on March 16, 2020.

Case 19-26594-EPK Doc 54 Filed 04/21/20 Page 23 of 47 Case 19-26594-EPK Doc 35 Filed 03/16/20 Page 1 of 3
Page 2 of 3

The Court finds that MaxLend willfully violated the automatic stay imposed under 11 

U.S.C. § 362(a) by twice attempting to take funds from the Debtor’s bank account via 

electronic transfer (once successfully) and by telephoning the Debtor on a nearly daily basis,

in an effort to collect a pre-bankruptcy obligation, all after obtaining both constructive and 

actual notice of the Debtor’s bankruptcy case. MaxLend continued these collection actions 

even after it was pointed out, by service of a prior motion, that its collection attempts were 

in violation of the automatic stay and that it could be held liable for actual and punitive 

damages under 11 U.S.C. § 362(k).

As a result of MaxLend’s actions in knowing violation of the automatic stay, the 

Debtor was required to retain counsel. Counsel charged the Debtor fees and expenses in 

connection with this matter in the aggregate amount of $2,281.70, which the Court finds 

reasonable under the circumstances of this case. MaxLend actually took the sum of $263.98

from the Debtor’s bank account in violation of the automatic stay. The Debtor suffered 

additional damages in the amount of $30.00, which she was required to pay to her bank to 

stop payment when MaxLend attempted to take funds out of her account a second time. The 

Court will order MaxLend to pay to the Debtor actual damages in the aggregate sum of 

$2,575.68, which includes legal fees and costs, funds taken from her account, and fees she 

was required to pay to her bank. 

Because MaxLend continued to intentionally violate the automatic stay even after it 

was advised, by duly filed motion served on it, that its actions were in violation of the stay 

and that it could be held liable for actual and punitive damages, the Court finds that punitive 

damages are appropriate. The Debtor requested punitive damages in the amount of 

$5,000.00. The Court considers this amount of punitive damages to be reasonable and 

appropriate under the circumstances of this case. Said amount is approximately twice the 

total actual damages sustained by the Debtor as a result of MaxLend’s intentional and 

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knowing violation of the automatic stay and thus is well within the range of punitive damages 

historically found appropriate by the United States Supreme Court. In re WVF Acquisition, 

LLC, 420 B.R. 902, 915 (Bankr. S.D. Fla. 2009) (citing BMW of N. Am., Inc. v. Gore, 517 U.S. 

559, 580-83 (1996)). 

For the foregoing reasons, in addition to the reasons stated on the record at the 

hearing, the Court ORDERS and ADJUDGES as follows:

1. The Motion [ECF No. 29] is GRANTED. 

2. Pursuant to 11 U.S.C. § 362(k)(1), the Court awards to the Debtor actual damages

in the amount of $2,575.68. 

3. Pursuant to 11 U.S.C. § 362(k)(1), the Court awards to the Debtor punitive 

damages in the amount of $5,000.00. 

4. MaxLend hereby is directed to pay the total sum of $7,575.68 to counsel for the 

Debtor, for the benefit of the Debtor, no later than April 15, 2020. Funds shall be 

payable to the Mark S. Roher, P.A. Trust Account and shall be delivered to Mark 

S. Roher, Esq., 150 S. Pine Island Road, Suite 150, Plantation, FL 33324. 

5. If the Debtor does not receive payment in full of the actual and punitive damages 

by the deadline provided in this order, the Debtor may file an ex parte motion 

asking the Court to enter judgment against MaxLend for the unpaid sum so that 

the Debtor may seek execution against MaxLend by customary means.

###

Copies to: 

Mark S. Roher, Esq.

Mark S. Roher, Esq. shall serve a copy of this order on all parties in interest and file a 

certificate of service with the Court.

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1

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISON

www.flsb.uscourts.gov

GLORIA JEAN OUSLEY BELLAMY, Case No. 19-26594-EPK

Debtor. Chapter 13

__________________________________/

DEBTOR’S SECOND MOTION FOR THE IMPOSITION OF SANCTIONS 

AND AN AWARD OF DAMAGES, PUNITIVE DAMAGES, ATTORNEYS’

FEES AND COSTS AGAINST MAKE CENTS INC. d/b/a MAXLEND

Debtor, Gloria Jean Ousley Bellamy (“Debtor”), by and through her undersigned counsel

who is making a limited appearance in this case for the sole purpose of filing and prosecuting this 

motion, and pursuant to 11 U.S.C. §§ 105(a) and 362(k)(1), files this Second Motion for the 

Imposition of Sanctions and an Award of Damages, Punitive Damages, Attorneys’ Fees and Costs 

Against Make Cents, Inc. d/b/a MaxLend (“MaxLend”) its continued repeated willfully violations 

of the automatic stay, as follows:

A. Relevant Background

1. On February 18, 2020, Debtor filed is Original Motion for Sanctions for Willfully 

Violating the Automatic Stay (the “Original Motion”) [ECF No. 29], which in the interests of 

brevity is fully incorporated herein.

2. On March 5, 2020, the Court held a hearing on the Original Motion which was 

duly-noticed to MaxLend, who did not appear or file any response to the Original Motion.

3. On March 16, 2020, the Court entered its Order Awarding Actual and Punitive 

Damages Against MaxLend [ECF No. 35].

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2

B. MaxLend’s Continued Phone Calls and Emails

4. MaxLend’s willful violations of the automatic stay have persisted as the Debtor has 

received phone calls from MaxLend every single day (except Sundays) from February 17, 2020 

through and including March 16, 2020, as set forth on the Debtor’s updated hand-written phone 

log attached hereto as set forth on Exhibit “1”.

5. MaxLend has also continued to email Debtor as well as set forth on Exhibit “2”

attached hereto.

B. Legal Authority

6. Section 362(k)(1) of the Bankruptcy Code authorizes the award of actual and 

punitive damages for willful violations of the automatic stay. Vaughn v. Cent. Miss. Credit Corp. 

(In re Vaughn), 542 B.R. 589, 598 (Bankr. M.D. Ala. 2015). 

7. In the case of In re WVF Acquisition, LLC, 420 B.R. 902, 910 (Bank. S.D. Fla. 

2009) (Kimball, J.), this Court held:

Damages may be awarded for violation of the automatic stay when the violation is 

"willful." Jove Eng'g, Inc. v. IRS, 92 F.3d 1539, 1555 (11th Cir. 1996) (citations 

omitted). A violation of the automatic stay is "willful if the violator (1) knew of 

the automatic stay and (2) intentionally committed the violative act, regardless 

whether the violator specifically intended to violate the stay." Id. (citing cases in 

other circuits). The requirement that the violator knew of the automatic stay does 

not mean that the violator need be aware of the provisions of section 362. It is 

sufficient that the violator had actual knowledge of the bankruptcy case, Randolph 

v. IMBS, Inc., 368 F.3d 726, 728 (7th Cir. 2004), or "notice of sufficient facts to 

cause a reasonably prudent person to make additional inquiry to determine whether 

a bankruptcy petition has been filed." Sansone v. Walsworth (In re Sansone), 99 

B.R. 981, 984 (Bankr. C.D. Cal. 1989) (citation omitted).

Id.

8. MaxLend’s actions discussed above represent a willful violation of the automatic 

stay because it had actual knowledge of this bankruptcy case and of the automatic stay and has 

continued to collect and attempt to collect monies from the Debtor in violation of 11 U.S.C. § 

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3

362(a)(6) (the automatic stay prevents a creditor from undertaking “any act to collect, assess, or 

recover a claim against the debtor that arose before the commencement of the case”).

9. As a result of Debtor’s willful violations of the automatic stay, the Debtor has been 

injured and he entitled to recover actual damages, including costs and attorneys' fees pursuant to 

11 U.S.C. § 362(k)(1).

10. When faced with the issue of punitive damages for willful violations of the 

automatic stay, this Court also held:

"[P]unitive damages are awarded in response to particularly egregious conduct for 

both punitive and deterrent purposes. Such awards are 'reserved . . . for cases in 

which the defendant's conduct amounts to something more than a bare violation 

justifying compensatory damages or injunctive relief.' To recover punitive 

damages, the defendant must have acted with actual knowledge that he was 

violating the federally protected right or with reckless disregard of whether he was 

doing so." In re Wagner, 74 B.R. 898, 903-04 (Bankr. E.D. Pa. 1987) (quoting 

Cochetti v. Desmond, 572 F.2d 102, 106 (3d Cir. 1978)). Decisions awarding 

punitive damages in this context typically consider the following factors: (1) the 

nature of the violator's conduct; (2) the nature and extent of the harm to the debtor; 

(3) the violator's ability to pay; (4) the motives of the violator; and (5) any 

provocation by the debtor. Id. at 905-06; see also In re White, 410 B.R. 322, 327 

(Bankr. M.D. Fla. 2009) (citing cases); In re Keen, 301 B.R. 749, 755 (Bankr. S.D. 

Fla. 2003) (citing various cases).

Id. at 914

11. In this case, MaxLend’s action justify the imposition of additional punitive 

damages due the continuous and numerous violations of the automatic stay discussed above. The 

Debtor has been harassed constantly with phone calls and emails after filing bankruptcy.

12. Undersigned has no reason to believe MaxLend has any inability to pay an

additional punitive damage award and should suffer severe punishment to deter any future willful 

violations of the automatic stay in other bankruptcy cases and causing harm to innocent debtors.

13. As such, based on the facts and applicable law discussed herein, the Court should 

award additional punitive damages and attorneys’ fees against MaxLend pursuant to 11 U.S.C. 

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4

§ 362(k)(1).

WHEREFORE, the Debtor respectfully requests the entry of an order imposing sanctions 

against Make Cents, Inc. d/b/a MaxLend for willfully violating the automatic stay, awarding 

additional punitive damages, attorney’s fees and costs in favor of the Debtor and against Make 

Cents, Inc. d/b/a MaxLend and providing for such other relief as the Court deems just and proper.

Respectfully submitted on this 18

th day of March, 2020.

LAW OFFICE OF MARK S. ROHER, P.A.

Counsel for Debtor

150 S. Pine Island Road, Suite 300

Plantation, Florida 33324

Email: mroher@markroherlaw.com

Telephone: (954) 353-2200

Facsimile: (877) 654-0090

By: /s/ Mark S. Roher

Mark S. Roher

Florida Bar No. 178098

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 18

th day of March, 2020, a true and correct copy of the 

foregoing was served by CM/ECF on all parties listed below and by U.S. Mail, Federal Express 

and facsimile where indicated on March 18, 2020.

/s/ Mark S. Roher

 Mark S. Roher

CM/ECF

Robin R Weiner

ecf@ch13weiner.com;ecf2@ch13weiner.com

Office of the US Trustee

USTPRegion21.MM.ECF@usdoj.gov

U.S. Certified Mail: #7017 1450 0001 6033 5926

Make Cents, Inc. d/b/a MaxLend

Attn: Richard Mayer, Chief Operating Officer

217 3rd Ave

Parshall, ND 58770

Fax: (701) 862-2368

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EXHIBIT "1"

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Case 19-26594-EPK Doc 39 Filed 03/18/20 Page 9 of 9

EXHIBIT "2"

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1

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISON

www.flsb.uscourts.gov

GLORIA JEAN OUSLEY BELLAMY, Case No. 19-26594-EPK

Debtor. Chapter 13

__________________________________/

SUPPLEMENT TO 

DEBTOR’S SECOND MOTION FOR THE IMPOSITION OF SANCTIONS 

AND AN AWARD OF DAMAGES, PUNITIVE DAMAGES, ATTORNEYS’

FEES AND COSTS AGAINST MAKE CENTS INC. d/b/a MAXLEND

Debtor, Gloria Jean Ousley Bellamy (“Debtor”), by and through her undersigned counsel

who is making a limited appearance in this case for the sole purpose of filing and prosecuting this 

motion, and pursuant to 11 U.S.C. §§ 105(a) and 362(k)(1), files this Supplement to Second Motion 

for the Imposition of Sanctions and an Award of Damages, Punitive Damages, Attorneys’ Fees and 

Costs (the “Second Sanctions Motion”) [ECF No. 39] Against Make Cents, Inc. d/b/a MaxLend 

(“MaxLend”) its continued repeated willfully violations of the automatic stay, as follows:

1. On March 16, 2020, the Court entered its Order Awarding Actual and Punitive 

Damages Against MaxLend (the “Sanctions Order”) [ECF No. 35].

2. On March 22, 2020, undersigned personally went to the U.S. post office to serve

the Sanctions Order, Second Sanctions Motion and Notice of Hearing [ECF No. 40] by certified 

mail.

3. The Sanctions Order, Second Sanctions Motion and Notice of Hearing were served 

via certified mail on MaxLend on March 24, 2020, a set forth on the receipt attached hereto as 

Exhibit “A”.

4. Notwithstanding, MaxLend has continued to call and email the Debtor, showing a 

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2

complete disregard to the Court’s Sanctions Order.

5. Specifically, MaxLend has called the Debtor on the phone nearly every single day 

from March 23, 2020 through April 7, 2020, attempting to collect on the prepetition debt, as set 

forth on the phone log prepared by the Debtor which is attached hereto as Exhibit “B”.

6. MaxLend has also continued to email the Debtor, attempting to collect on the 

prepetition debt, as set forth on Exhibit “C”.

7. On April 8, 2020, undersigned spoke with “Trisha” one of MaxLend’s customer 

service representatives located in the county of Belize and provided information about this 

bankruptcy case.

8. Trisha requested undersigned fax documents to MaxLend and that an individual 

named Nia Hodo will call to discuss this matter.

9. Undersigned immediately complied with request and faxed over the following 

pleadings along with the Notice of Bankruptcy Case Commencement:

a. Sanctions Motion [ECF No. 28];

b. Amended Motion for Sanctions [ECF No. 29];

c. Notice of Filing Confirmation of FedEx Delivery [ECF No. 33];

d. Order Imposing Sanctions and Punitive Damages [ECF No. 35];

e. Second Sanction Motion [ECF No. 39]; and 

f. Notice of Hearing [ECF No. 40].

10. Undersigned’s time sheets showing the fees and costs incurred in connection with 

the Second Sanctions Motion is attached hereto as Exhibit “D”.

WHEREFORE, the Debtor respectfully requests the entry of an order imposing additional 

sanctions against Make Cents, Inc. d/b/a MaxLend for willfully violating the automatic stay, 

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3

awarding additional punitive damages, attorney’s fees and costs in favor of the Debtor and against 

Make Cents, Inc. d/b/a MaxLend and providing for such other relief as the Court deems just and 

proper.

Respectfully submitted on this 8

th day of April, 2020.

LAW OFFICE OF MARK S. ROHER, P.A.

Counsel for Debtor

150 S. Pine Island Road, Suite 300

Plantation, Florida 33324

Email: mroher@markroherlaw.com

Telephone: (954) 353-2200

Facsimile: (877) 654-0090

By: /s/ Mark S. Roher

Mark S. Roher

Florida Bar No. 178098

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 8

th day of April, 2020, a true and correct copy of the

foregoing was served by CM/ECF on all parties listed below and by facsimile where indicated on

April 8, 2020.

/s/ Mark S. Roher

 Mark S. Roher

CM/ECF

Robin R Weiner

ecf@ch13weiner.com;ecf2@ch13weiner.com

Office of the US Trustee

USTPRegion21.MM.ECF@usdoj.gov

Via Facsimile

Make Cents, Inc. d/b/a MaxLend

Attn: Richard Mayer, Chief Operating Officer

217 3rd Ave

Parshall, ND 58770

Fax: (855) 558-1460

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Case 19-26594-EPK Doc 45 Filed 04/08/20 Page 5 of 9

EXHIBIT "B"

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EXHIBIT "C"

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4/8/2020 Invoice 752 – Law Office of Mark S. Roher, P.A. – Harvest

https://lawofficeofmarksroherpa.harvestapp.com/invoices/23845429 1/1

Item Type Description Quantity Unit Price Amount

Service Chapter 13 stay violation - 03/06/2020 - Bankruptcy / Mark Roher: Prepare

and upload order sanctioning MaxLend.

0.30 $400.00 $120.00

Service Chapter 13 stay violation - 03/18/2020 - Bankruptcy / Mark Roher: Prepare

second sanctions motion.

1.00 $400.00 $400.00

Service Chapter 13 stay violation - 04/07/2020 - Bankruptcy / Mark Roher: Call with

client and review of documents showing continued calls and emails.

0.30 $400.00 $120.00

Service Chapter 13 stay violation - 04/08/2020 - Bankruptcy / Mark Roher: Prepare

supplement to second sanctions motion and phone call with MaxLend.

1.20 $400.00 $480.00

Product Chapter 13 stay violation - 04/08/2020 - Postage / Mark Roher 1.00 $6.95 $6.95

Product Chapter 13 stay violation - 04/08/2020 - Courtcall / Mark Roher 1.00 $35.00 $35.00

Amount Due $1,161.95

INVOICE From Law Office of Mark S. Roher,

P.A.

150 S. Pine Island Road 

Suite 300 

Plantation, FL 33324

Invoice ID 752 Invoice For Gloria Bellamy

Issue Date 04/08/2020

Due Date 04/08/2020 (upon receipt)

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EXHIBIT "D"

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1

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISON

www.flsb.uscourts.gov

GLORIA JEAN OUSLEY BELLAMY, Case No. 19-26594-EPK

Debtor. Chapter 13

__________________________________/

ORDER AWARDING ADDITIONAL ACTUAL AND 

PUNITIVE DAMAGES AGAINST MAKE CENTS INC. d/b/a MAXLEND

This matter came before the Court for hearing on April 9, 2020 upon the Debtor’s Second 

Motion for the Imposition of Sanctions and an Award of Damages, Punitive Damages, 

Attorneys’ Fees and Costs Against Make Cents Inc. d/b/a MaxLend [ECF No. 39] (the “Motion”) 

and Supplement to the Motion [ECF No. 45] filed by Gloria Jean Ousley Bellamy, the Debtor in 

this chapter 13 case. 

The Debtor duly served the Motion and related notice of hearing by certified United 

States mail, on Make Cents, Inc. d/b/a/ MaxLend (“MaxLend”) [ECF Nos. 39 and 41]. 

MaxLend did not file a response to the Motion, nor did MaxLend appear at the hearing. 

Erik P. Kimball, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on April 13, 2020.

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2

The Court carefully reviewed the Motion and considered arguments presented at the 

hearing. 

The Court finds that despite the Court’s prior entry of its Order Sanctioning MaxLend and 

Award Actual and Punitive Damages (the “First Sanctions Order”) [ECF No. 35], MaxLend has 

continued to willfully violate the automatic stay imposed under 11 U.S.C. § 362(a) by continuing 

to call the Debtor on the telephone on a nearly daily basis, in an effort to collect a pre-bankruptcy

obligation, all after obtaining both constructive and actual notice of the Debtor’s bankruptcy case. 

MaxLend continued these collection actions even after it was pointed out, by service of a prior 

motion, that its collection attempts were in violation of the automatic stay and that it could be held 

liable for actual and punitive damages under 11 U.S.C. § 362(k). 

As a result of MaxLend’s actions in knowing violation of the automatic stay, the Debtor 

was required to retain counsel. Counsel charged the Debtor fees and expenses in connection with 

this matter in the aggregate amount of $1,161.95 [ECF No. 46], which the Court finds reasonable 

under the circumstances of this case. The Court will order MaxLend to pay to the Debtor actual 

damages in the aggregate sum of $1,161.95. 

Because MaxLend continued to intentionally violate the automatic stay even after the 

entry and service of the First Sanctions Order [ECF No. 35] and a duly filed motion served on it 

stating that its actions were in violation of the stay and that it could be held liable for actual and 

punitive damages, the Court finds that punitive damages are appropriate. The Debtor requested 

punitive damages in the amount of $2,400.00. The Court considers this amount of 

punitive damages to be reasonable and appropriate under the circumstances of this case. Said 

amount is approximately twice the total actual damages sustained by the Debtor as a result of 

MaxLend’s intentional and knowing violation of the automatic stay and thus is well within 

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3

the range of punitive damages historically found appropriate by the United States Supreme

Court. In re WVF Acquisition, LLC, 420 B.R. 902, 915 (Bankr. S.D. Fla. 2009) (citing 

BMW of N. Am., Inc. v. Gore, 517 U.S. 559, 580-83 (1996)).

For the foregoing reasons, in addition to the reasons stated on the record at the hearing, 

the Court ORDERS and ADJUDGES as follows: 

1. The Motion [ECF No. 39] is GRANTED.

2. Pursuant to 11 U.S.C. § 362(k)(1), the Court awards to the Debtor actual damages in 

the amount of $1,161.95.

3. Pursuant to 11 U.S.C. § 362(k)(1), the Court awards to the Debtor punitive damages

in the amount of $2,400.00.

4. MaxLend hereby is directed to pay the total sum of $3,561.95 to counsel for the Debtor,

for the benefit of the Debtor, no later than May 9, 2020. Funds shall be payable to the Mark S. 

Roher, P.A. Trust Account and shall be delivered to Mark S. Roher, Esq., 150 S. Pine Island Road, 

Suite 150, Plantation, FL 33324.

5. If the Debtor does not receive payment in full of the actual and punitive damages by

the deadline provided in this order, the Debtor may file an ex parte motion asking the Court to 

enter judgment against MaxLend for the unpaid sum so that the Debtor may seek execution against 

MaxLend by customary means.

###

Submitted by:

Mark S. Roher, Esq.

Law Office of Mark S. Roher, P.A.

150 S. Pine Island Road, Suite 300

Plantation, FL 33324

Telephone: (954) 353-2200

Email: mroher@markroherlaw.com

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4

Copies to:

Mark S. Roher, Esq.

Attorney Roher is directed to serve copies of this order on all interested parties and to file a 

certificate of service.

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