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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

IN RE: 

CASE NO.: 19-18996-AJC

MARIA M VALLEJO 

AKA MARIA MERCEDES VALLEJO TAMAYO

CHAPTER: 13

Debtor(s).

/

SECURED CREDITOR’S RESPONSE IN OPPOSITION TO DEBTOR’S EMERGENCY 

MOTION TO REINSTATE CASE. [DE76]

(Re property: 18181 NE 31 CT Apt. 1610, Aventura, FL 33160)

COMES NOW, SELECT PORTFOLIO SERVICING, INC., SERVICER FOR U.S. 

BANK, N.A., SUCCESSOR TRUSTEE TO LASALLE BANK NATIONAL ASSOCIATION, 

ON BEHALF OF THE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I 

TRUST 2006-HE6, ASSET-BACKED CERTIFICATES SERIES 2006-HE6 (“Secured

Creditor”), by and through its undersigned counsel, files this Response in Opposition to Debtor’s 

Emergency Motion to Reinstate Case [DE76] (the “Motion”), and in support, respectfully alleges 

the following:

1. On April 13, 2020, Debtor filed an Emergency Motion to Reinstate Case [DE 76], alleging 

she was current with plan payments, complied with the Trustee’s deficiencies prior to the 

dismissal, and Debtor’s counsel was holding $0.00.

2. Secured Creditor holds a security interest in real property located at 18181 NE 31 CT Apt. 

1610, Aventura, FL 33160. According to the Miami-Dade County Property Appraiser’s 

website, Debtor is not receiving a homestead exemption.

3. Secured Creditor affirms that a Proof of Claim [Claim 3] was filed on August 7, 2019 in the 

secured amount of $372,958.53 with $60,119.96 in arrears and $1,466.40 as the monthly 

payment.

4. The Trustee’s Response to Debtor’s Motion [DE 78] outlines various deficiencies that have 

not been corrected, in addition to Debtor owing $32,769.87 to be current.

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5. Creditors Biscayne Cove Condo [DE79] and U.S. Bank [DE80] each filed their own 

respective objection to Debtor’s Motion laying out the numerous legal deficiencies, history 

of delays of Debtor’s bankruptcy petitions, and Secured Creditor joins in their objections. 

6. Secured Creditor filed a foreclosure action (2016-029854-CA-01) on November 18, 2016 

that has been pending due Debtor’s bankruptcy petitions.

7. Debtor’s 3rd Amended Plan [DE70], filed March 10, 2020, lists Secured Creditor under 

III.A#4, however, it no longer funds Secured Creditor properly and still incorrectly lists the 

subject property address as 18151 NE 31CT UNIT 1610. The correct property address is 

18181 NE 31st CT unit 1610.

8. As Debtor’s Motion is untimely, unsupported, and her counsel is not holding funds to 

reinstate, Secured Creditor Objects to Debtor’s relief requested. 

9. Secured Creditor reserves the right to supplement and/or amend this Response in the future.

WHEREFORE, Secured Creditor respectfully requests that this Court enter an Order 

denying the Debtor’s Motion and awarding any and all other relief that this Court deems just and 

appropriate.

 /s/ BRIAN L. ROSALER

BRIAN L. ROSALER

Florida Bar No.: 0174882

POPKIN & ROSALER, P.A.

Attorney for Secured Creditor

1701 West Hillsboro Boulevard, Ste 400

Deerfield Beach, FL 33442

Telephone: (954) 360-9030

Facsimile: (954) 420-5187

Email: bankruptcy@popkinrosaler.com

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I HEREBY CERTIFY that a true copy of the foregoing was provided via electronic 

and/or Regular U.S. Mail to the parties listed on the below service list, this this 24 day of 

April , 2020.

Maria M Vallejo 

18181 NE 31 CT Apt. 1610 

North Miami Beach, FL 33160 

Michael Marcer, Esq.

3850 Bird Road, Penthouse I

Coral Gables, FL 33146

Trustee

Nancy K. Neidich 

POB 279806 

Miramar, FL 33027 

U.S. Trustee

Office of the US Trustee 

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

Miami, FL 33130

 /s/ BRIAN L. ROSALER

BRIAN L. ROSALER

Florida Bar No.: 0174882

POPKIN & ROSALER, P.A.

Attorney for Secured Creditor

1701 West Hillsboro Boulevard, Ste 400

Deerfield Beach, FL 33442

Telephone: (954) 360-9030

Facsimile: (954) 420-5187

Email: bankruptcy@popkinrosaler.com

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