UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

Miami Division

www.flsb.uscourts.gov

In re: Case No. 19-21442-LMI

Chapter 11

STEVEN JOHN BRANSFIELD, JR., 

 Debtor.

________________________________/

DEBTOR’S FOURTH MOTION TO EXTEND EXCLUSIVITY PERIOD TO FILE 

A PLAN AND DISCLOSURE STATEMENT AND EXTEND EXCLUSIVITY

PERIOD TO SOLICIT ACCEPTANCES THERETO

STEVEN JOHN BRANSFIELD, JR., Debtor and Debtor in Possession (the 

“Debtor”), by and through undersigned counsel, hereby move this Court to enter an Order 

extending the exclusive period within which only the Debtor may propose a Plan and 

within which only the Debtor may solicit acceptances to his Plan, and in support thereof 

states as follows: 

JURISDICTION AND VENUE

1. The Court has jurisdiction over this matter, the parties in interest, and the 

property and interests in property affected hereby, pursuant to 28 U.S.C. §§157 and 1334. 

Consideration of this matter is a core proceeding under 28 U.S.C. §157(b)(2)(A).

2. The statutory predicates for relief sought are 11 U.S.C. §§105(a) and 1121.

BACKGROUND

3. This case was commenced by the filing of a voluntary petition under 

Chapter 11 of the Bankruptcy Code on August 26, 2019 [ECF 1]. 

4. Pursuant to 11 U.S.C. §§1107(a) and 1108, the Debtor is managing his 

affairs as a debtor-in-possession. As of the date hereof, no trustee, or examiner has been 

Case 19-21442-LMI Doc 275 Filed 09/21/20 Page 1 of 3
2

appointed in this Chapter 11 case.

5. On July 2, 2020, the Court entered an Order Granting Debtor’s Third 

Motion to Extend Exclusivity Period to File a Plan and Disclosure Statement and Extend 

Exclusivity Period to Solicit Acceptances Thereto [ECF 256]. The Court set the deadline 

for the Debtor’s exclusive right to file a plan of reorganization through and including 

September 21, 2020 and the deadline for the Debtor’s exclusive right to solicit acceptances 

to his plan through and including November 17, 2020. This Motion is timely filed.

RELIEF REQUESTED AND BASIS FOR RELIEF REQUESTED

6. Through this motion, the Debtor respectfully requests that this Court enter 

an Order extending the Debtor’s exclusive right to file a plan of reorganization for a ninety

day period, through and including December 21, 2020, and extending the Debtor’s

exclusive right to solicit acceptances of a plan for a ninety day period through and including

February 15, 2021.

7. The Debtor is currently analyzing filed claims and the responses to his 

objections to claims, the resolution of which will have a material effect on the formulation 

of a plan. In addition, the Debtor is still waiting on claimant Ms. Alford and her counsel 

Ms. Garcia as to the proposed evidentiary hearing on Ms. Alford’s claim. Also, the Debtor 

is in negotiations with various remaining allowed unsecured creditors as to proposed 

payouts.

8. This Motion is the Debtor’s fourth request for an extension of exclusivity.

9. The Debtor is seeking an extension in good faith and not to unnecessarily 

delay the progress of his case. Such an extension, if granted, will not prejudice the 

legitimate interests of creditors and other parties in interest.

Case 19-21442-LMI Doc 275 Filed 09/21/20 Page 2 of 3
3

WHEREFORE, the Debtor respectfully requests that this Court enter an Order 

extending the Debtor’s exclusivity period to file a plan and disclosure statement for ninety 

days through and including December 21, 2020, and the Debtor’s exclusivity period to 

solicit acceptances to the plan for ninety days through and including February 15, 2020, 

without prejudice to seeking further extensions in the event circumstances require it, and 

granting any other and further relief as this Court deems just and proper.

Dated: September 21, 2020 Wernick Law, PLLC

Attorneys for the Debtor

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

(561)961-0922/(561)431-2474 fax

By: /s/Aaron A. Wernick

Aaron A. Wernick, Esquire

FL Bar No.: 14059

E-mail: awernick@wernicklaw.com

Case 19-21442-LMI Doc 275 Filed 09/21/20 Page 3 of 3