00523775.DOCX 

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

In re: Case No.: 19-24646-BKC-LMI

Chapter 7

BETTINA HAUSER

SSN: XXX-XX-6809

 Debtor. /

TRUSTEE’S MOTION TO APPROVE STIPULATION FOR 

COMPROMISE AND SETTLEMENT REGARDING VALUATION, 

REPURCHASE AND DISPOSITION OF DEBTOR’S 

NON-EXEMPT SCHEDULED PROPERTY 

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

this Motion within 21 days after the date of service stated in this Motion 

shall, pursuant to Local Rule 9013-1(D), be deemed to have consented 

to the entry of an order in the form attached to this Motion. Any 

scheduled hearing may then be canceled.

Scott N. Brown, as Chapter 7 trustee of the bankruptcy estate of Bettina Hauser (the 

“Trustee”), pursuant to Federal Rule of Bankruptcy Procedure 9019 and Local Rule 9013-1(D), 

files his Motion to Approve Stipulation for Compromise and Settlement Regarding Valuation, 

Repurchase and Disposition of Debtor’s Non-Exempt Scheduled Property (the “Motion”), and in 

support thereof, states as follows:

I. Background

1. This case commenced as a Chapter 12 proceeding on October 31, 2019 (the 

“Petition Date”). On November 25, 2020, the case was converted to Chapter 7, and shortly 

thereafter, Scott N. Brown was appointed as Chapter 7 trustee of the Debtor’s bankruptcy estate 

(the “Estate”).

2. The § 341 Meeting of Creditors in the Chapter 7 case was held and concluded on 

December 28, 2020.

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The Non-Exempt Foreign Real Property

3. The Debtor’s Amended Schedule “A/B” (ECF No. 62) lists, among other things, 

the Debtor’s 1/6 interest in real property located in Budapest Hungary on Line 1.1 with a scheduled 

value of $16,666.00 (the “Hungarian Real Property”)

4. The Debtor acknowledges that she is over-exempt and has advised the Trustee that 

she wishes to repurchase her non-exempt interest in the Hungarian Real Property and resolve any 

and all issues with the Trustee regarding her other scheduled property; and the Trustee recognizes 

the difficulties, expense and uncertainty associated with marketing and liquidating a fractional 

interest in foreign real property.

II. The Proposed Settlement1

5. Accordingly, in light of, among other things, the expense and uncertainty of: (a) 

litigation; and (b) liquidating the Hungarian Real Property, and in order to provide for the 

expeditious administration of this Estate, the Trustee and the Debtor have reached a settlement 

with respect to: (a) the valuation and repurchase of the Estate’s right, title and interest in the 

Hungarian Real Property; and (b) the disposition of all other scheduled personal property, on the 

term and condition set forth in the Stipulation for Compromise and Settlement Regarding 

Valuation, Repurchase and Disposition of Debtor’s Non-Exempt Scheduled Property (the 

“Stipulation”), a true and correct copy of which is attached hereto as Exhibit "A" and incorporated 

by reference. 

6. Pursuant to the terms of the Stipulation, and notwithstanding the dispute regarding:

(a) Petition Date fair market value of the Hungarian Real Property; and (b) any claimed 

 1 The following is a summary of the key terms of the Proposed Settlement. The terms of the Stipulation 

control and all parties are urged to review same. All capitalized terms not otherwise defined in this Motion 

shall have the meanings ascribed to them in the Stipulation.

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exemptions, the Trustee and the Debtor agree that the Petition Date fair market value of the 

Debtor’s non-exempt interest in the Hungarian Real Property is $5,500.00.

7. Accordingly, the Debtor has agreed to pay to the Trustee, and the Trustee has

agreed to accept, the total sum of $5,500.00 in cleared funds (the “Settlement Amount”), as 

payment for the repurchase of the Estate’s right, title and interest in the Hungarian Real Property. 

The Debtor has agreed to pay the Settlement Amount as follows: eleven (11) equal, consecutive 

monthly installments of $500.00 each, beginning on February 15, 20201 and continuing on the

15th day of each month thereafter, until paid in full.

8. The Stipulation also contains, among other things: (a) representations and 

warranties by the Debtor; and (b) a default provision that provides for revocation of the Debtor’s

discharge in the event that the terms and conditions of the Stipulation are breached.

III. Legal Standard for Settlement

9. Bankruptcy Rule 9019(a) provides: “On motion . . . and after a hearing on notice to 

creditors, the debtor . . . and to such other entities as the court may designate, the court may approve 

a compromise or settlement.”2

10. As this Court has previously found, “approval of a settlement in a bankruptcy 

proceeding is within the sound discretion of the Court, and will not be disturbed or modified on 

appeal unless approval or disapproval is an abuse of discretion.” In re Arrow Air, Inc., 85 B.R. 

886, 891 (Bankr. S.D. Fla. 1988) (Cristol, J.) (citing Rivercity v. Herpel (In re Jackson Brewing 

Co.), 624 F.2d 599, 602-03 (5th Cir. 1980); Anaconda-Ericsson, Inc. v. Hessen (In re Teltronics 

Servs., Inc.), 762 F.2d 185, 189 (2d Cir. 1985); In re Prudence Co., 98 F.2d 559 (2d Cir. 1938), 

cert. denied sub nom. Stein v. McGrath, 306 U.S. 636 (1939)).

 2 Rule 9013-1(D) of the Local Bankruptcy Rules for the Bankruptcy Court for Southern District of Florida permits, 

inter alia, relief without a hearing for motions to approve settlement.

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11. The test is whether the proposed settlement “falls below the ‘lowest point in the 

range of reasonableness.’” Arrow Air, 85 Bankr. 891 (quoting Teltronics Servs., 762 F.2d 189; 

Cosoff v. Rodman (In re W.T. Grant Co.), 699 F.2d 599, 608 (2d Cir.), cert. denied, 464 U.S. 822 

(1983)).

12. According to the United States Eleventh Circuit Court of Appeals, when a 

bankruptcy court decides whether to approve or disapprove a proposed settlement, it must 

consider:

(a) the probability of success in the litigation;

(b) the difficulties, if any, to be encountered in the matter of collection;

(c) the complexity of the litigation involved, and the expense, 

inconvenience and delay necessarily attending it; and

(d) the paramount interest of the creditors and a proper deference to 

their reasonable views in the premises.

Wallis v. Justice Oaks II, Ltd. (In re Justice Oaks II. Ltd.), 898 F.2d 1544 (11th Cir. 1990). 

See Jackson Brewing, 624 F.2d 602, quoted in Arrow Air, 85 B.R. 891.

13. Because, among other things, the Proposed Settlement: (a) avoids the expense and 

uncertainty of litigation; (b) avoids the expense and uncertainty of marketing and liquidating the 

Hungarian Real Property; (c) monetizes the Estate’s right, title and interest in the Hungarian Real 

Property in relatively short order; and (d) contains a default provision that provides for revocation 

of discharge in the event of a default (thereby significantly reducing the likelihood of collection 

risk), the Trustee believes that the Proposed Settlement meets the standards set forth in In re Justice 

Oaks II, and therefore, recommends approval of the settlement as fair and reasonable, within the 

reasonable range of possible litigation outcomes, and in the best interests of this Estate and its 

creditors. In addition, the Proposed Settlement minimizes additional administrative expenses to 

the Estate, will increase the dividend available to creditors, and will allow for a distribution of 

sums and proceeds within a reasonable time. 

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14. Pursuant to Local Rule 9013-1(D), a copy of the proposed Order is attached hereto 

as Exhibit “B.”

WHEREFORE, Scott N. Brown, as Chapter 7 trustee of the bankruptcy estate of Bettina 

Hauser, respectfully requests this Honorable Court enter an Order: (1) granting the instant Motion; 

(2) approving the Proposed Settlement and the Stipulation; and (3) granting such other and further 

relief as this Court deems just and proper.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on February 8, 2021, a true and correct copy of the foregoing 

was served as follows:

via electronic transmission to

• Timothy S Kingcade scanner@miamibankruptcy.com, kingcadeserve@bellsouth.net; 

r46540@notify.bestcase.com

• Office of the US Trustee USTPRegion21.MM.ECF@usdoj.gov

and via U.S. Mail to all parties on the attached service list.

/s/ Scott N. Brown

Scott N. Brown, Trustee

SunTrust International Center

One Southeast Third Avenue – Suite 1400

Miami, Florida 33131

Telephone: (305) 379-7904

Facsimile: (305) 379-7905

Email: sbrown@bastamron.com

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Exhibit "A"

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00523774.DOCX 

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

In re: Case No.: 19-24646-BKC-LMI

Chapter 7

BETTINA HAUSER

SSN: XXX-XX-6809

 Debtor. /

ORDER GRANTING SCOTT N. BROWN, TRUSTEE’S MOTION TO

APPROVE STIPULATION FOR COMPROMISE AND SETTLEMENT

REGARDING VALUATION, REPURCHASE AND DISPOSITION OF DEBTOR’S 

NON-EXEMPT SCHEDULED PROPERTY

THIS CAUSE having come before the Court upon Scott N. Brown, Trustee’s Motion to 

Approve Stipulation for Compromise and Settlement Regarding, Valuation, Repurchase and 

Disposition of Debtor’s Non-Exempt Scheduled Property (ECF No. ) (the “Motion”),1 and the 

Court, having been advised by movant through the submission of the instant order that: (i) the 

Motion was served on all parties required by Local Rule 9013-1(D); (ii) the 21-day response time 

provided by that rule has expired; (iii) no one has filed, or served on the movant, a response to the

 1 All capitalized terms not otherwise defined in this Order shall have the meanings ascribed to them in the Motion.

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Motion; and (iv) the form of order was attached as an exhibit to the Motion; having reviewed the 

Motion, the Stipulation attached as Exhibit “A” to the Motion (the “Stipulation”), and the Court 

file, having noted that no objections were filed, finding that the settlement subject of the Motion 

meets the criteria set forth in In re Justice Oaks II. Ltd., 898 F.2d 1544 (11th Cir. 1990) and thus, 

is in the best interests of this Estate, and finding that the notice of the proposed compromise and 

settlement is sufficient to comply with Bankruptcy Rules 9019 and 2002(a)(3), Local Rule 9013-

1(D) and any other applicable notice requirement, it is

ORDERED as follows:

1. The Motion is granted.

2. The compromise and settlement is approved on the terms and conditions set forth 

in the Motion and the Stipulation attached as Exhibit “A” to the Motion.

3. Without limiting the generality of the foregoing, the Trustee is authorized to: (a) 

take such actions; and (b) execute such documents, as he deems reasonable, necessary and/or 

desirable to effectuate the settlement. 

4. The Court incorporates the terms of the Stipulation into this Order and retains 

jurisdiction to enforce same.

###

Submitted By:

Scott N. Brown, Trustee

One Southeast Third Avenue, Suite 1400

Miami, Florida 33131

Telephone: 305.379.7904

Email: sbrown@bastamron.com

Copy furnished to:

Scott N. Brown, Trustee

Trustee, Scott N. Brown shall serve copies of this Order on all interested parties and file a Certificate of Service.

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2500 Biscayne Property LLC

2500 Biscayne Blvd Apt., 610

Miami, FL 33137-4565

American Express National Bank c/o

Zwicker &

80 Minuteman Road

P.O. Box 9043

Andover, MA 01810-0943

American Express National Bank,

AENB

c/o Zwicker and Associates, P.C.

Attorneys/Agents for Creditor

Andover, MA 01810-0943

Amex

P.o. Box 981537

El Paso, TX 79998-1537

Amex

Correspondence/Bankruptcy

Po Box 981540

El Paso, TX 79998-1540

BANK OF AMERICA

PO BOX 982238

EL PASO, TX 79998-2238

Bank of America

Po Box 982238

El Paso, TX 79998

Bank of America

4909 Savarese Circle

Fl1-908-01-50

Tampa, FL 33634-2413

Bettina Hauser

7735 NE 4 Court #4

Miami, FL 33138-5068

BMW Bank

Pob 78066

Phoenix, AZ 85062-8066

BMW Bank of North America, c/o AIS

Portfolio

4515 N Santa Fe Ave. Dept. APS

Oklahoma City, OK 73118-7901

Bmw Financial Services

5515 Parkcenter Cir

Dublin, OH 43017

BMW FINANCIAL SERVICES

CUSTOMER SERVICE CENTER

PO BOX 3608

DUBLIN, OH 43016-0306

Bmw Financial Services

Attn: Bankruptcy Department

Po Box 3608

Dublin, OH 43016

Caine & Weiner

Attn: Bankruptcy

5805 Sepulveda Blvd

Sherman Oaks, CA 91411-2546

Caine & Weiner

Po Box 55848

Sherman Oaks, CA 91413

CAINE & WEINER COMPANY

12005 FORD ROAD 300

DALLAS, TX 75234-7262

Checksystems

7805 Hudson Rd

Saint Paul, MN 55125-1703

Child Support Enforcemment

PO Box 8030

Tallahassee, FL 32314-8030

David Caballero

Cole, Scott & Kissane

9150 South Dadeland Blvd

Miami, FL 33156-7855

David O. Caballero, Esq.

Cole Scott & Kissane, P.A.

Dadeland Centre II

Miami, FL 33156-7855

Department of the Treasury

Po Box 21126

Philadelphia, PA 19114

EdFinancial Services

120 N Seven Oaks Drive

Knoxville, TN 37922-2359

EdFinancial Services

Attn: Bankruptcy

Po Box 36008

Knoxville, TN 37930-6008

Equifax

Po Box 740241

Atlanta, GA 30374-0241

Experian

Po Box 2002

Allen, TX 75013-2002

Florida Department Of Revenue

5050 W Tennessee St

Tallahassee, FL 32399-0100

Glendys Berguin

Landlord 2500 Biscayne

2500 Biscayne Blvd

Miami, FL 33137-4504

Hsbc Bank

Po Box 2013

Buffalo, NY 14240-2013

Hsbc Bank

Attn: Bankruptcy

Po Box 2013

Buffolo, NY 14240-2013

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Hsbc Bank

95 Washington St

Buffalo, NY 14203-3006

Hsbc Bank

Hsbc Card Srvs/Attn: Bankruptcy

Po Box2013

Buffalo, NY 14240-2013

HSBC Bank USA, N.A.

2929 Walden Ave C17

Attn:Business Services

INTERNAL REVENUE SERVICE

CENTRALIZED INSOLVENCY OPERATIONS

PO BOX 7346

PHILADELPHIA, PA 19101-7346

IRS Centralized Bankruptcy

Department

PO Box 7346

Philadelphia, PA 19101-7346

MediCredit, Inc.

PO Box 1629

Maryland Heights, MO 63043-0629

Mercedes-Benz Financial Services

Attn: Bankruptcy Dept

Po Box 685

Roanoke, TX 76262-0685

Mercedes-Benz Financial Services

P.o. Box 961

Roanoke, TX 76262-0961

Miami

(Address not available)

Mikael Hamaoui

1200 Brickell Avenue #680

Miami, FL 33131-3209

Porsche Financial Srvc

1 Porsche Dr

Atlanta, GA 30354-1654

Porsche Leasing Ltd.

c/o David O Caballero

9150 S Dadeland Blvd., Suite 1400

Miami, FL 33156-7855

Porsche Leasing, Ltd.

One Porsche Drive

Atlanta, GA 30354-1654

Ryan Clancy, Esq.

Ainsworth + Clancy, PLLC

1111 Brickell Avenue, Suite 1100

Miami, FL 33131-3122

Ryan R McCain, Esq.

Barfield, McCain, PA

4241 Northlake Blvd., Suite B

Palm Beach Gardens, FL 33410-6235

Syncb/sunglass Hut

Attn: Bankruptcy

Po Box 965060

Orlando, FL 32896-5060

Syncb/sunglass Hut

C/o Po Box 965036

Orlando, FL 32896-0001

Transunion

Po Box 1000

Chester, PA 19016-1000

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