UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

IN RE:

DANNY ALLEN WILDER,

 Debtor.

BK CASE NO. 19-22356-SMG

CHAPTER 7

EMERGENCY MOTION FOR RELIEF FROM AUTOMATIC STAY WITH 

2-YEARS PROSPECTIVE RELIEF

Re: 2512 SE 13 Ct., Pompano Beach, FL 33062

Ajax Mortgage Loan Trust 2019-E, Mortgage-Backed Securities, Series 2019-E, by U.S. 

Bank National Association, as Indenture Trustee (“Creditor”) files this Motion for Prospective 

Relief from the Automatic Stay under 11 U.S.C. §362(d)(4) and Bankruptcy Rule 4001-1(2) for a 

two (2) year period as to any future filings related to this property and states as follows:

1. Creditor is a secured creditor holding a mortgage secured by real property owned 

by the Debtor located at:

LOT 21, IN BLOCK 1, OF POMPANO ISLES, ACCORDING TO THE PLAT 

THEREOF, RECORDED IN PLAT BOOK 27, PAGE 15, OF THE PUBLIC 

RECORDS OF BROWARD COUNTY, FLORIDA. 

aka 2512 SE 13 Ct., Pompano Beach, FL 33062 (the “Property”).

Factual Background

EMERGENCY HEARING REQUESTED PURSUANT TO LOCAL RULE 9075-1

On October 31, 2019, an Order Setting Deadline for Debtor to File All Missing Schedules 

and Documents was entered by the Court. Pursuant to the docket, it does not appear that 

Debtor filed his missing Schedules. Because Debtor’s Chapter 7 Bankruptcy could dismiss 

at any time, Creditor seeks an immediate hearing on this Motion for Relief from Automatic 

Stay with 2-Years Prospective Relief.

Case 19-22356-SMG Doc 36 Filed 01/07/20 Page 1 of 7
4821-8290-6031, v. 1

2

2. On November 1, 2012, a Verified Complaint for Foreclosure of Mortgage was filed 

in the Seventeenth Judicial Circuit Court in and for Broward County, Florida in Case Number 

CACE-12-30851 against Danny Allen Wilder (“Debtor”) and Donna F. Wilder (“Wilder”) 

[collectively the “Bad Actors”] based on a default of the Note and Mortgage.

3. On August 9, 2017, Final Judgment of Foreclosure was entered in favor of 

Creditor’s predecessor in interest setting a sale date of July 13, 2016. Final Judgment of 

Foreclosure was entered after non-payment since 2006 and vexatious state court litigation. The 

Final Judgment of Foreclosure is attached hereto as Exhibit “A”. The Judgment amount was 

$1,032,836.69. 

4. Creditor acquired this loan through a purchase agreement with Creditor’s 

predecessor in interest. An Assignment of Judgment has been prepared, but is awaiting recordation 

until relief from stay is granted. See executed Assignment of Judgment Exhibit “B”

5. The market value of the Property pursuant to the Broward County Property 

Appraiser is $594,620.00. See Exhibit “C”.

6. The Bad Actors have taken every effort to intentionally stall the mortgage 

foreclosure and frustrate Creditor by filing strategically planned, successive and fraudulent 

bankruptcies to purposely hinder and delay Creditor, and costing Creditor thousands of dollars, 

man power and effort. Between the two bad actors, eight bankruptcies have been filed to stall 

the foreclosure action since 2014!

7. The Bad Actors caused three foreclosure trials to cancel, three sales to outright 

cancel, and interfered with two other sales all based on their strategically filed and successive 

bankruptcies.

Case 19-22356-SMG Doc 36 Filed 01/07/20 Page 2 of 7
4821-8290-6031, v. 1

3

8. THREE foreclosure sales and THREE trials have been cancelled as a result of the 

Bad Actors abusive bankruptcy filings- this is an outrageous waste of judicial resources and a 

storybook example of abusive bankruptcy practices and bad faith filings.

(a) Bankruptcy 1: On November 16, 2015, Wilder filed the first bankruptcy action 

during the pending foreclosure under Case No.: 15-30094-RBR. Bankruptcy 1 was 

filed the same day as the scheduled foreclosure trial. On January 6, 2016, the 

case was dismissed for abuse with 180-days prejudice for failure to cure 

deficiencies. 

(b) Bankruptcy 2: On March 18, 2016, Debtor filed the second bankruptcy action 

during the pending foreclosure under Case No.: 16-13872-RBR. Bankruptcy 2 was 

filed three days before the second scheduled foreclosure trial. On May 13,

2016, this case was dismissed with prejudice for two years.

(c) Bankruptcy 3: On February 14, 2017, Wilder filed the third bankruptcy action 

during the pending foreclosure under Case No.: 17-11765-JKO. Bankruptcy 3 was 

filed the day before the third scheduled foreclosure trial. On March 6, 2017, 

the case was dismissed with 180-days prejudice for failure to cure deficiencies.

(d) Bankruptcy 4: On January 30, 2018, Wilder filed the fourth bankruptcy action 

during the pending foreclosure under Case No.: 18-11115-JKO. Bankruptcy 4 was 

filed the day after an Order Denying Motion to Cancel Foreclosure Sale was 

entered. On April 3, 2018, the case was dismissed with 180-days prejudice. 

(e) Bankruptcy 5: On July 5, 2018, Wilder filed the fifth bankruptcy action during 

the pending foreclosure under Case No.: 18-18153. Bankruptcy 5 was filed the 

day that the first foreclosure sale was scheduled to take place. On August 13, 

Case 19-22356-SMG Doc 36 Filed 01/07/20 Page 3 of 7
4821-8290-6031, v. 1

4

2018, the case was dismissed with 180-days prejudice because the Debtor was 

prohibited from filing bankruptcy for a period of time that had not yet expired due 

to the dismissal under Case No.: 18-11115-JKO.

(f) Bankruptcy 6: On October 23, 2018, Debtor filed the sixth bankruptcy action 

during the pending foreclosure under Case No.: 18-23101-RBR. Bankruptcy 6 was 

filed the same day the second scheduled foreclosure sale was rescheduled to 

occur. On November 17, 2018, the case dismissed with 180-days prejudice for 

failure to cure deficiencies.

(g) Bankruptcy 7: On March 5, 2019, Wilder filed the seventh bankruptcy action 

during the pending foreclosure under Case No.: 19-12897-RBR. Bankruptcy 7 was 

filed the same day the third scheduled foreclosure sale was rescheduled to 

occur. On March 26, 2018, the case was dismissed with 180-days prejudice for 

failure to cure deficiencies.

(h) Bankruptcy 8: On September 17, 2019, Debtor filed the eighth and current

bankruptcy action under Case No.: 19-22356-SMG (the “current bankruptcy”). 

On October 31, 2019, an Order Setting Deadline for Debtor to File All Missing 

Schedules and Documents was filed requiring completion on or before November 

15, 2019 (“this Court’s Order”). Debtor failed to comply with this Court’s 

Order.

Case 19-22356-SMG Doc 36 Filed 01/07/20 Page 4 of 7
4821-8290-6031, v. 1

5

The Law

9. Prospective relief for a period of two (2) years should be granted based on the 

Debtor’s scheme to delay, hinder and defraud Creditor based on the multiple bankruptcy filings 

affecting the subject property pursuant to § 362(d)(4). 

10. A creditor is entitled to relief from stay under §362(d)(1) for “cause”. Whether 

cause exists to lift the stay must be determined on a case by case basis based on the totality of the 

circumstances in each particular case.” In re Mack, 347 B.R. 911, 915 (Bankr. M. D. Fla. 2006). 

The totality of the circumstances includes how the parties have conducted themselves, the debtor’s 

motives and whether the debtor has acted in good faith. Id. (citing In re Little Creek Dev. Co., 779 

F.2d 1068, 1071 (5th Cir. 1986)).

11. Cause also exists under §362(d)(1) as a result of the Debtor’s continued use of the 

Property without adequate protection. In re McGaughey, 24 F.3d 904, 906 (7th Cir. 1994) (noting 

that lack of adequate protection is a typical basis for granting relief from stay for cause). 

12. The purpose of this statutory provision of prospective relief is to prevent abuse by 

bad faith filers. See In re Maude H. Henderson & Daniel S. Henderson, IV Irrevocable Tr., 395 

B.R. 893, 901-02 (Bankr. D.S.C. 2008). Courts have considered the following non-exclusive list 

of factors when determining whether prospective relief is appropriate: 1) Strategic filing of 

bankruptcy petitions to prevent collection; 2) Multiple bankruptcy petitions by multiple parties to 

protect common property; 3) Lack of evidence of changed circumstances between filings; and 4) 

Inability to fund a plan. Id. 

Case 19-22356-SMG Doc 36 Filed 01/07/20 Page 5 of 7
4821-8290-6031, v. 1

6

Argument

13. The Bad Actors have set out on a clear and strategic path to scheme, delay, hinder 

and defraud Creditor based on the eight bankruptcy filings causing three foreclosure sales to 

cancel.

14. The Bad Actors have filed multiple, calculated, bad faith filings to pervert the 

bankruptcy system intended for true hardship. 

15. The Bad Actors have failed to provide any sort of adequate protection and continue 

to enjoy the Property without paying taxes, without paying insurance and without making any 

mortgage payments whatsoever- years after the Final Judgment of Foreclosure.

16. It is unjust and shocking that the Bad Actors have succeeded in delaying three 

foreclosure trials and three foreclosure sales.

17. The Bad Actors fail to show any change of circumstances between filings and never

file schedules to show financial circumstances for a Creditor to determine what the financial 

circumstances are because the Bad Actors’ only intent is to delay the foreclosure sale and not 

actually file a workable bankruptcy.

18. Debtor fails to pay taxes and insurance for the Property and Creditor has had to 

outlay $197,085.58 in taxes and insurance to protect its collateral.

19. The Bad Actors’ carefully and planned strategic bankruptcy filings, which were 

filed with a clear intent to put the foreclosure action at a complete hiatus, show an egregious pattern 

of conduct of malfeasance and a clear, systemic abuse of the bankruptcy system. 

Case 19-22356-SMG Doc 36 Filed 01/07/20 Page 6 of 7
4821-8290-6031, v. 1

7

WHEREFORE, Creditor requests that the Court:

(a) Grant Relief from the Automatic Stay as it pertains to the Property with a prospective 

period of two (2) years as to any filer and with a waiver of the 14-day automatic stay;

(b) Award fees and costs for the filing of this Motion in the amount of $831; and

(c) Grant any such other relief as this Court deems just and proper.

/s/ Allison D. Thompson

Allison D. Thompson

athompson@solomonlaw.com

Florida Bar No. 0036981

THE SOLOMON LAW GROUP, P.A.

1881 West Kennedy Boulevard, Suite D

Tampa, Florida 33606-1611

(813) 225-1818 (Tel)

(813) 225-1050 (Fax)

Certificate of Service

I certify that a copy of the foregoing has been furnished by CM/ECF or United States mail 

on January 7, 2019, to:

Danny Allen Wilder

2512 SE 13 Ct.

Pompano Beach, FL 33062

Debtor – Pro-Se

Kenneth A. Welt

8201 Peters Road, Suite 1000

Plantation, FL 33324

Chapter 7 Trustee

Office of the United States Trustee

51 S. W. 1st Ave., Suite 1204

Miami, FL 33130

U.S. Trustee

/s/ Allison D. Thompson 

Allison D. Thompson 

Florida Bar No. 0036981

Case 19-22356-SMG Doc 36 Filed 01/07/20 Page 7 of 7