UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

www.flsb.uscourts.gov

In re: 

Case No.: 20-13225-LMI

Chapter 13

ARNALDO VICENTE AMAYA, 

Debtor.

____________________________/ 

OBJECTION TO MOTION FOR EXTENSION OF 

TIME TO UPLOAD MORTGAGE MODIFICATION 

MEDIATION DOCUMENTS AND COMPLETE MEDIATION (D.E. 61)

Secured Creditor, SN SERVICING CORPORATION, AS SERVICING AGENT 

FOR U.S. BANK TRUST, N.A., AS TRUSTEE OF BUNGALOW SERIES IV TRUST

(“SN SERVICING” Or “Secured Creditor”), By And Through Its Undersigned Attorney, Hereby 

Files This Objection to Motion For Extension of Time to Upload Mortgage Modification 

Mediation Documents and Complete Mediation [D. E. 61] (the “Motion”). In support of its 

Objection, Creditor states as follows: 

1. On March 9, 2020 (the “Petition Date”), the Debtor filed its Voluntary Petition 

under Chapter 13 of the United States Bankruptcy Code [D.E. 1].

2. On August 17, 2020, Secured Creditor timely filed Proof of Claim 7-1 (“the 

Claim”) which evidenced a total secured claim of $121,487.20, an arrearage of $15,806.39 and a 

regular contractual payment of $1,071.49. 

3. On March 10, 2020, the Debtor filed its Chapter 13 Plan [D.E. 8] which indicated 

that Debtor intended on participating in Mortgage Modification Mediation (“MMM”) with 

Secured Creditor and contained a MMM adequate protection payment of $775. 

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4. On March 26, 2020, the Debtor filed its Ex-Parte Verified Motion for Referral to 

Mortgage Modification Mediation with SN Servicing Corp [D.E. 20]. 

5. On March 26, 2020, this Court entered an Order Granting Verified Motion for 

Referral to Mortgage Modification [D.E. 21] (the “MMM Order”).

6. The Debtor subsequently filed several amended plans and on September 8, 2020, 

the Debtor filed its Sixth Amended Chapter 13 Plan (D.E. 67) which included the MMM 

adequate protection payment in months (1-4) and indicated the loan will be treated direct and 

outside starting in month five (5) of the plan.

7. Pursuant to Paragraph five (5) of the MMM Order, Debtor’s attorney shall, 

within seven days after the filing of Debtor’s Notice of Selection of Mortgage Modification

Mediator (or Notice of Clerk’s Designation of Mortgage Modification Mediator), or after 

confirming that the Lender is registered on the MMM Portal, whichever occurs later, remit the 

MMM Portal the required non-refundable MMM Portal submission fee in the amount $40.00, 

and upload to the MMM Portal the Completed Package.

8. Secured Creditor has been registered on the portal since prior to the inception of 

this bankruptcy case. The Debtor did not activate the portal until approximately May 22, 2020 

and did not assign Secured Creditor to the loan until approximately June 18, 2020. Furthermore, 

the Debtor failed to provide the requested documents in order for Secured Creditor to complete 

the loan modification review. Therefore, the Mediator filed its Final Report of Loss 

Mitigation/Mortgage Modification [D.E. 63] (the “Final Report”) indicating an agreement was 

not reached on August 24, 2020. 

9. On August 21, 2020, the Debtor filed the Motion seeking an extension of time to 

upload documents and complete mediation based on the Debtor experiencing an hardship. 

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However, the mediation process was completed upon the entry of the Final Report. Therefore, 

the Motion is Moot and should be denied. Furthermore, based on the Debtor’s Sixth Amended 

Plan, the loan is to be treated direct and outside of the plan starting in month five (5), therefore, 

any further loss mitigation attempts should be completed by applying directly with Secured 

Creditor outside of the bankruptcy. 

10. Additionally, Secured Creditor has expended additional attorney’s fees associated 

with the filing of this instant Motion and seeks recovery of same. 

11. Secured Creditor seeks entry of an Order Denying the Motion For Extension of 

Time to Upload Mortgage Modification Mediation Documents and Complete Mediation and 

directing the Debtor to pay Secured Creditor reasonable attorney’s fee associated with the 

prosecution of this Motion.

WHEREFORE, Secured Creditor, prays that this Court deny the Motion For Extension 

of Time to Upload Mortgage Modification Mediation Documents and Complete Mediation [D. 

E. 61] and award attorney’s fees for the prosecution of this Objection, and granting any further 

relief that this Court deems just and proper.

Dated this 21st day of October, 2020.

Respectfully submitted,

GHIDOTTI ǀ BERGER, LLP

Attorneys for Secured Creditor

1031 N Miami Beach Blvd

Miami, Florida 33162

Telephone: (305) 501.2808

Facsimile: (954) 780.5578

By: /s/ Melbalynn Fisher 

Melbalynn Fisher, Esq.

Florida Bar No. 107698

mfisher@ghidottiberger.com

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CERTIFICATE PURSUANT TO LOCAL RULE 9011-4 (B)(1)

I 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 as set forth in Local Rule 2090-1(A).

By: /s/ Melbalynn Fisher 

 Melbalynn Fisher, Esq.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on October 21, 2020, I electronically filed the foregoing 

document with the Clerk of the Court using CM/ECF. 

I also certify that the foregoing document is being served this day, either via transmission 

of Notice of Electronic Filing generated by CM/ECF or by first class U.S. Mail, upon:

Debtor

Arnaldo Vicente Amaya

1101 NE 191 St #H-103

Miami, FL 33179

Debtor’s Counsel

Diego Mendez

POB 228630

Miami, FL 33172

Trustee

Nancy K. Neidich

POB 279806

Miramar, FL 33027

U.S. Trustee

Office of the US Trustee

51 S.W. 1st Avenue, Suite 1204

Miami, FL 33130

By: /s/ Melbalynn Fisher

 Melbalynn Fisher, Esq.

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