UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

www.flsb.uscourts.gov

In re: Case No: 19-26381 SMG

 Chapter 13

ILEANA RAMUDO-TOWNSEND,

Debtor. /

DEBTOR’S AMENDED MOTION FOR AUTHORIZATION TO SEPARATELY 

CLASSIFY STUDENT LOAN HELD BY U.S. DEPARTMENT OF JUSTICE

The Debtor, ILEANA RAMUDO-TOWNSEND, by and through undersigned attorney, files

this Amended Motion for Authorization to Separately Classify Student Loan Held by U.S.

Department of Justice, and in support thereof state as follows:

1. On May 14, 2014, the Debtor entered a repayment plan with the U.S. Department of 

Justice to satisfy her student loan at $ 1,000.00 per month and the curing of a $ 33,000.00 

arrearage in the agreed upon repayment.

2. On December 6, 2019, the Debtor filed a Petition for Relief under Chapter 13 of the 

Bankruptcy Code.

3. On or about November 6, 2019, the Debtor received certified mail from the U.S.

Department of Justice regarding a breach in her contractual obligation on her student 

loans, threatening the suspension of her professional license as a dentist.

4. The Debtor is currently employed as a periodontist. Thus, she depends on her 

professional license to generate income. 

5. The Debtor wishes to reinstate her repayment agreement with the U.S. Department of 

Justice by paying the agreed upon $ 1,000.00 per month and cure the arrears of 

$ 33,000.00 through the proposed Chapter 13 plan.

6. The Southern District Bankruptcy Court has held that discrimination of unsecured 

creditors is not unfair under 11 U.S.C §1132(b)(1) where: (1) the debtor’s health 

professional license is subject to revocation or suspension upon breach of repayment 

obligation to student loan lender under Fla. Stat. §§ 456.072 (2), 456.072(1)(k) ; and (2) 

the unsecured creditors who are being discriminated against would benefit from the 

Case 19-26381-SMG Doc 39 Filed 02/26/20 Page 1 of 2
repayment arrangement to the student loans lender. In re Kalfayan, 415 B.R. 907, 910-11 

(Bankr. S.D. Fla. 2009). 

7. In the present case, if the Debtor were to default on her student loan repayments, her 

professional license to practice dentistry would be subject to suspension under Fla. Stat. 

§§ 456.072 (2), 456.072(1)(k). Additionally, the suspension of Debtor’s professional 

license would jeopardize her ability to earn income to fund any distributions to other 

unsecured creditors. 

8. Therefore, the separate classification of Debtor’s student loan repayment would not be 

unfair to the rest of the Debtor’s unsecured creditors, as they would benefit from this 

arrangement. 

9. Therefore, based upon the foregoing, the Debtor respectfully requests that this Court 

enter an Order separately classifying U.S. Department of Justice and deeming the debt 

owed to same as payable within the Chapter 13 plan. 

WHEREFORE, Debtor, ILEANA RAMUDO TOWNSEND, respectfully requests a court 

order for authorization to separately classify the U.S. Department of Justice in order for the 

obligation to be paid within the proposed Chapter 13 Bankruptcy Plan, and for any other and further 

relief that this Court deems just and proper. 

Respectfully submitted on this 26th day of February, 2020

VAN HORN LAW GROUP, P.A.

330 N. Andrews Ave., Suite 450

Fort Lauderdale, Florida 33301

(954) 765-3166

(954) 756-7103 (facsimile)

Terri@cvhlawgroup.com

By: /s/ Terri J Schwartz, Esq.

Terri J Schwartz, Esq.

 FL Bar 0183164

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