UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

In Re:

CARLOS R. FEIJOO NEYRA CHAPTER 7

CASE NO. 20-11958-LMI

Debtor.

/

MOTION FOR RELIEF FROM THE AUTOMATIC STAY FILED BY

CREDITOR VT INC AS TRUSTEE OF WORLD OMNI LT

REQUEST FOR RELIEF ON NEGATIVE NOTICE

Any interested party who fails to file and serve a written response to this motion within 

14 days after the date of service stated in this motion shall, pursuant to Local Rule 4001-

1(C), be deemed to have consented to the entry of an order granting the relief requested in 

the motion.

VT INC. AS TRUSTEE OF WORLD OMNI LT (“Creditor”), through the undersigned 

counsel, moves this Court for relief from the automatic stay as to personal property of Carmen 

Gamboa Guerra (“Debtor”), and states: 

1. On February 13, 2020, Debtor filed a voluntary petition for Bankruptcy relief 

under Chapter 7 of Title 11 of the United States Code. [ECF No. 1]. 

2. Debtors purchased a 2017 TOYOTA CAMRY - 4T1BF1FK0HU427152

(“Vehicle”). Debtor financed the Vehicle through a Closed End Motor Vehicle Lease 

Agreement dated July 7, 2017 (“Lease”). The Lease is attached hereto as Exhibit A. The Lease

was assigned to Creditor for value and in good faith. 

3. The Lease reflects Creditor’s ownership interest in the Vehicle. Creditor’s 

ownership interest is noted on the Certificate of Title, which is attached hereto as Exhibit B. 

4. The Debtor is currently in default of their obligation under the Lease with 

Creditor in the amount of $18,823.74 in principal plus accrued interest thereon as of the date of 

the petition. An Affidavit of Indebtedness is attached hereto as Exhibit C. 

5. Debtor defaulted under the terms of the Lease by failing to make the payment due 

November 7, 2019 and all subsequent payments. 

6. The Debtor’s continued use of the Vehicle is causing continued depreciation of 

the value of the Vehicle. 

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7. The Debtor’s continued use of the Vehicle without rendering payment to Movant 

constitutes “cause” for relief from the automatic stay pursuant to § 362(d). 

8. The Vehicle has neither been claimed as exempt by the Debtor nor abandoned by 

the Trustee. 

9. The estimated retail value of the Vehicle retrieved from NADA is $18,025.00.

10. Once the stay is terminated, the Debtor will have minimal motivation to insure, 

preserve, or repair the Vehicle, and therefore Creditor respectfully requests that the Court waive 

the stay of the order terminating the stay under Fed.R.Bankr.P. 4001(a)(3) so that Creditor may 

proceed to take possession of the Vehicle. 

WHEREFORE, Creditor respectfully requests the entry of an order:

a. Terminating the automatic stay imposed by § 362 as to Creditor; 

b. Granting Creditor complete in rem relief to take any and all steps necessary to 

exercise all rights it may have in the Vehicle, to gain possession of the Vehicle, and such other in 

rem remedies to which Creditor is entitled under the applicable state and non-bankruptcy law; 

c. Waiving the additional 14-day stay imposed by Federal Bankruptcy Rule 

4001(a)(3); and 

d. Granting such other and further relief as it deems just and proper.

TRIPP SCOTT, PA

Counsel for Creditor 

110 SE 6th Street, 15th Floor

Fort Lauderdale, FL 33301

Tel: 954-525-7500

Fax: 954-762-2502

bankruptcy@trippscott.com

/s/ Brittany Lee Hynes

Brittany Lee Hynes

FBN 1018589 

Case 20-11958-LMI Doc 24 Filed 04/29/20 Page 2 of 3
CERTIFICATE OF SERVICE

I HEREBY CERTIFY THAT a true and correct copy of the Motion for Relief from Stay 

with attached Exhibits A, B and C were furnished by CM/ECF or U.S. Mail to Carlos R Feijoo 

Neyra, 4241 NW 172nd Drive, Miami Gardens, FL 33055; Carlos R Feijoo Neyra, 4241 NW

172nd Drive, Miami Gardens, FL 33055; Joel L Tabas, 25 SE 2nd Avenue, Suite 248, Miami, FL 

33131; Office of the U.S. Trustee, 51 S.W. 1st Ave., Suite 1204, Miami, FL 33130, on this 29th

day of April, 2020.

/s/ Brittany Lee Hynes

Brittany Lee Hynes

FBN 1018589 

Case 20-11958-LMI Doc 24 Filed 04/29/20 Page 3 of 3