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 UNITED STATES BANKRUPTCY COURT, SOUTHERN DISTRICT OF FLORIDA

www.flsb.uscourts.gov

CHAPTER 13 PLAN (Individual Adjustment of Debts)

■

Original Plan 

First Amended Plan (Indicate 1st, 2nd, etc. Amended, if applicable)

Modified Plan (Indicate 1st, 2nd, etc. Modified, if applicable)

DEBTOR: Luis E. Diaz JOINT DEBTOR: CASE NO.: 19-25272 LMI

SS#: xxx-xx- 9677 SS#: xxx-xxI. NOTICES 

To Debtors: Plans that do not comply with local rules and judicial rulings may not be confirmable. All plans, amended plans 

and modified plans shall be served upon all creditors and a certificate of service filed with the Clerk pursuant to 

Local Rules 2002-1 (C)(5), 3015-1(B)(2), and 3015-2. Debtor(s) must commence plan payments within 30 days of 

filing the chapter 13 petition or within 30 days of entry of the order converting the case to chapter 13. 

 To Creditors: Your rights may be affected by this plan. You must file a timely proof of claim in order to be paid. Your claim may 

be reduced, modified or eliminated. 

 To All Parties: The plan contains no nonstandard provisions other than those set out in paragraph VIII. Debtor(s) must check one 

box on each line listed below in this section to state whether the plan includes any of the following:

The valuation of a secured claim, set out in Section III, which may result in a 

partial payment or no payment at all to the secured creditor Included ■ Not included

Avoidance of a judicial lien or nonpossessory, nonpurchase-money security interest, set 

out in Section III Included ■ Not included

Nonstandard provisions, set out in Section VIII ■ Included Not included

II. PLAN PAYMENTS, LENGTH OF PLAN AND DEBTOR(S)' ATTORNEY'S FEE

A. MONTHLY PLAN PAYMENT: This Plan pays for the benefit of the creditors the amounts listed below, including trustee's 

fees of 10%, beginning 30 days from the filing/conversion date. In the event the trustee does not retain the full 10%, any unused 

amount will be paid to unsecured nonpriority creditors pro-rata under the plan:

1. $2,866.67 for months 1 to 14 ;

2. $2,288.89 for months 15 to 36 ;

B. DEBTOR(S)' ATTORNEY'S FEE: NONE PRO BONO

Total Fees: $8850.00 Total Paid: $1500.00 Balance Due: $7350.00 

Payable $525.00 /month (Months 1 to 14 )

Allowed fees under LR 2016-l(B)(2) are itemized below:

Safe harbor 3650.00+2 MMM 5200.00

Applications for compensation must be filed for all fees over and above the Court's Guidelines for Compensation.

III. TREATMENT OF SECURED CLAIMS

A. SECURED CLAIMS: NONE

[Retain Liens pursuant to 11 U.S.C. §1325 (a)(5)] Mortgage(s)/Lien on Real or Personal Property:

1. Creditor: The Bank of New York Mellon

 Address: POB 619063 

Dallas, TX 75261

Last 4 Digits of 

Account No.: 5077

Arrearage/ Payoff on Petition Date

MMM Adequate Protection $930.00 /month (Months 1 to 36 )

Other:

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Debtor(s): Luis E. Diaz Case number: 19-25272 LMI

■ Real Property

■ Principal Residence

Other Real Property

Address of Collateral:

15602 SW 161 St, Miami, FL 33187

Check one below for Real Property:

■ Escrow is included in the regular payments

The debtor(s) will pay taxes insurance directly

Personal Property/Vehicle 

Description of Collateral:

2. Creditor: U.S. Bank National Association

 Address: c/o Rushmore Loan 

Managment Services, 

LLC 

POB 52708 

Irvine, CA 92619

Last 4 Digits of 

Account No.: 9964

Arrearage/ Payoff on Petition Date

MMM Adequate Protection $1,125.00 /month (Months 1 to 36 )

Other:

Real Property

Principal Residence

■ Other Real Property

Address of Collateral:

17100 SW 149 PL, Miami, FL 33187

Check one below for Real Property:

■ Escrow is included in the regular payments

The debtor(s) will pay taxes insurance directly

Personal Property/Vehicle 

Description of Collateral:

B. VALUATION OF COLLATERAL: ■ NONE

C. LIEN AVOIDANCE ■ NONE

D. SURRENDER OF COLLATERAL: Secured claims filed by any creditor granted stay relief in this section shall not receive a 

distribution fom the Chapter 13 Trustee.

■ NONE

E. DIRECT PAYMENTS: Secured claims filed by any creditor granted stay relief in this section shall not receive a distribution 

fom the Chapter 13 Trustee.

■ NONE

IV. TREATMENT OF FEES AND PRIORITY CLAIMS [as defined in 11 U.S.C. §507 and 11 U.S.C. § 1322(a)(4)]

A. ADMINISTRATIVE FEES OTHER THAN DEBTORS(S)' ATTORNEY'S FEE: ■ NONE

B. INTERNAL REVENUE SERVICE: ■ NONE

C. DOMESTIC SUPPORT OBLIGATION(S): NONE ■ CURRENT AND PAID OUTSIDE

1. Name of Creditor: Maritza Garcia 

Payment Address: 15811 SW 143 CT, Miami, FL 33177

Total Due: $0.00 

Payable $0.00 /month (Months to )

Regular Payment (if applicable) $0.00 /month (Months to )

D. OTHER: ■ NONE

V. TREATMENT OF UNSECURED NONPRIORITY CREDITORS

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Debtor(s): Luis E. Diaz Case number: 19-25272 LMI

A. Pay $5.00 /month (Months 15 to 36 )

Pro rata dividend will be calculated by the Trustee upon review of filed claims after bar date.

B. ■ If checked, the Debtor(s) will amend/modify to pay 100% to all allowed unsecured nonpriority claims.

C. SEPARATELY CLASSIFIED: ■ NONE

*Debtor(s) certify the separate classification(s) of the claim(s) listed above will not prejudice other unsecured nonpriority 

creditors pursuant to 11 U.S.C. § 1322.

VI. EXECUTORY CONTRACTS AND UNEXPIRED LEASES: Secured claims filed by any creditor/lessor granted stay relief in this 

section shall not receive a distribution from the Chapter 13 Trustee.

■ NONE

VII. INCOME TAX RETURNS AND REFUNDS: ■ NONE

VIII. NON-STANDARD PLAN PROVISIONS NONE

Nonstandard provisions must be set forth below. A nonstandard provision is a provision not otherwise included in the Local 

Form or deviating from it. Nonstandard provisions set out elsewhere in this plan are void.

■ Mortgage Modification Mediation 

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Debtor(s): Luis E. Diaz Case number: 19-25272 LMI

1 The debtor has filed a Verified Motion for Referral to MMM with:

The Bank of New York Mellon ("Lender")

loan number 5077

for real property located at 15602 SW 161 St, Miami, FL 33187

2 The debtor has filed a Verified Motion for Referral to MMM with:

US Bank National Association ("Lender")

loan number 9964

for real property located at 17100 SW 149 PL, Miami, FL 33187

The parties shall timely comply with all requirements of the Order of Referral to MMM and all Administrative Orders/Local 

Rules regarding MMM. While the MMM is pending and until the trial/interim payment plan or the permanent mortgage 

modification/permanent payment is established by the parties, absent Court order to the contrary, the debtor has included a postpetition monthly plan payment (a) with respect to the debtor’s homestead, of no less than the lower of the prepetition monthly

contractual mortgage payment or 31% of the debtor’s gross monthly income (after deducting any amount paid toward HOA fees 

due for the property) and (b) with respect to income producing property, of no less than 75% of the gross income generated by 

such property, as a good faith adequate protection payment to the lender. All payments shall be considered timely upon receipt

by the trustee and not upon receipt by the lender. 

Until the MMM is completed and the Final Report of Mortgage Modification Mediator is filed, any objection to the lender’s 

proof of claim on the real property described above shall be held in abeyance as to the regular payment and mortgage arrearage

stated in the proof of claim only. The debtor shall assert any and all other objections to the proof of claim prior to confirmation 

of the plan or modified plan. 

If the debtor, co-obligor/co-borrower or other third party (if applicable) and the lender agree to a settlement as a result of the 

pending MMM, the debtor will file the MMM Local Form “Ex Parte Motion to Approve Mortgage Modification Agreement 

with Lender” (or Self-Represented Debtor’s Motion to Approve Mortgage Modification Agreement with Lender) no later than 

14 calendar days following settlement. Once the settlement is approved by the Court, the debtor shall immediately amend or 

modify the plan to reflect the settlement and the lender shall amend its Proof of Claim to reflect the settlement, as applicable. 

If a settlement is reached after the plan is confirmed, the debtor will file a motion to modify the plan no later than 30 calendar 

days following approval of the settlement by the Court and the Lender shall have leave to amend its Proof of Claim to reflect 

the settlement reached after confirmation of the plan. The parties will then timely comply with any and all requirements 

necessary to complete the settlement. 

In the event the debtor receives any financial benefit from the lender as part of any agreement, the debtor shall immediately 

disclose the financial benefit to the Court and the trustee and amend or modify the plan accordingly. 

If the lender and the debtor fail to reach a settlement, then no later than 14 calendar days after the mediator’s Final Report is 

filed, the debtor will amend or modify the plan to (a) conform to the lender’s Proof of Claim (if the lender has filed a Proof of 

Claim), without limiting the Debtor’s right to object to the claim or proceed with a motion to value; or (b) provide that the real 

property will be “treated outside the plan.” If the property is “treated outside the plan,” the lender will be entitled to in rem stay 

relief to pursue available state court remedies against the property. Notwithstanding the foregoing, lender may file a motion to 

confirm that the automatic stay is not in effect as to the real property. 

Confirmation of the plan will be without prejudice to the assertion of any rights the lender has to address payment of its Proof 

of Claim. 

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Debtor(s): Luis E. Diaz Case number: 19-25272 LMI

Debtor

Luis E. Diaz Date

Attorney with permission to sign on 

Debtor(s)' behalf

s/ Samir Masri

Date

February 14, 2020

Joint Debtor

Date

PROPERTY OF THE ESTATE WILL VEST IN THE DEBTOR(S) UPON PLAN CONFIRMATION. 

 

I declare that the foregoing chapter 13 plan is true and correct under penalty of perjury. 

By filing this document, the Attorney for Debtor(s) or Debtor(s), if not represented by counsel, certifies that the wording and 

order of the provisions in this Chapter 13 plan are identical to those contained in Local Form Chapter 13 Plan and the plan 

contains no nonstandard provisions other than those set out in paragraph VIII.

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