UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

www.flsb.uscourts.gov

In re: Case No: 19-26699-JKO

Natasha Edouard, Chapter 13

 Debtor. ___ /

MOTION TO MODIFY INTEREST RATE AND LOAN TERM ON LOAN HELD BY 

CARMAX BUSINESS SERVICES, LLC FOR MOTOR VEHICLE

 COMES NOW, the Debtor, Natasha Edouard, by and through undersigned counsel, 

who hereby move this Court for an Order modifying interest rate and term on vehicle loan 

held by CarMax Business Services, LLC (hereinafter referred to as “Creditor”) pursuant to 

11 U.S.C. §§ 506, 1322(b)(2) and states:

1. This Court has jurisdiction over this Chapter 13 case under 28 U.S.C. §§ 157 and 

1334. This matter constitutes core proceedings under 28 U.S.C. § 157(b)(2).

 2. Creditor is the owner and holder of a purchase money security interest created on 

January 15, 2015 and secured by collateral described as a 2012 Toyota Camry, 

VIN: 4T1BF1FKXCU083693 (referred herein as “the vehicle”).

3. At the time of the filing of this case, the value of the vehicle was $10,050.00 as 

determined by Black Book. 

 4. Creditor filed a Proof of Claim # 2 in the instant case in the amount of $10,551.58

with a fixed annual interest rate of 22.49%. 

5. Pursuant to 11 U.S.C. §1322(b)(2), Debtor seeks to modify Creditor’s claim as to 

the interest rate and extend the term of the loan to allow the Debtor to pay the 

amount due over the life of the Chapter 13 plan. 

Case 19-26699-PGH Doc 25 Filed 02/06/20 Page 1 of 3
6. The prime interest rate at the time of the filing of the case was 5.00%.

Consequently, the Debtors seek to modify the interest rate to the prime rate plus an

additional 2.00% as risk adjustment for a total of 7.00% per annum.

 WHEREFORE, the Debtors respectfully request an order of the Court (a) modifying the 

interest rate of Creditor’s note to a fixed annual rate of 7.00% and modifying the loan term 

to allow the Debtor to cure the amount due over the life of the Chapter 13 plan, 

(b) determining that any timely filed proof of claim is classified as stated above, and

(c) providing such other and further relief as is just. 

CERTIFICATE OF SERVICE

I hereby 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. 

I HEREBY CERTIFY that a true and correct copy of the foregoing Motion was served 

in the manner described below, on February 6, 2020 upon:

VIA ECF:

-Robin R. Weiner ecf@ch13weiner.com; ecf2@ch13weiner.com

-Office of the US Trustee USTPRegion21.MM.ECF@usdoj.gov

-Gavin N Stewart on behalf of Creditor Specialized Loan Servicing LLC

bk@stewartlegalgroup.com

VIA U.S. MAIL:

CarMax Business Services, LLC

Attn.: William D. Nash, President and CEO

12800 Tuckahoe Creek Pkwy

Richmond, VA 23238

CarMax Auto Finance

Attn.: Bankruptcy

PO Box 440609

Kennesaw, GA 30160

Case 19-26699-PGH Doc 25 Filed 02/06/20 Page 2 of 3
Natasha Edouard

6131 NW 54 Lane

Tamarac, FL 33319

SEGAUL LAW FIRM

300 S. Pine Island Road

Suite 304

Plantation, FL 33324

T: 954.424.3600 

F: 954.423-3561

Email: John@Segaul.com

BY: /s/ John D. Segaul

John D. Segaul, Esq.

Florida Bar No.: 907405

Case 19-26699-PGH Doc 25 Filed 02/06/20 Page 3 of 3