UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

CASE NO.: 21-10553-BKC-MAM

PROCEEDING UNDER CHAPTER 13

IN RE:

ROBERTO FRANCISCO ORUE, II

XXX-XX-3378

_____________________________/

ORDER GRANTING DEBTOR'S MOTION TO MODIFY THE CHAPTER 13 PLAN

DEBTOR

THIS CAUSE came before the Court on the March 3, 2022 Consent Calendar without opposition for 

confirmation of the Debtor's Third Modified Chapter 13 Plan (ECF# 60). Based upon the record, it is 

ORDERED:

The Debtor's Third Modified Chapter 13 Plan (the "Plan") modified complies with the provisions of 

11 U.S.C. Section 1325 and is confirmed.

1.

Any claim entitled to priority under 11 U.S.C. Section 507 shall be paid in full, in periodic 

installments, in the order of priority prescribed by the Bankruptcy Code over the period of the Plan 

as required by 11 U.S.C. Section 1322(a)(2), with postpetition interest as required by 11 U.S.C. 

Section 506(b) payable on the secured portion of the claim.

2.

Mindy A. Mora, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on March 9, 2022.

Case 21-10553-MAM Doc 68 Filed 03/10/22 Page 1 of 3
ORDER GRANTING MOTION TO MODIFY 

CASE NO.: 21-10553-BKC-MAM

The Debtor's first monthly payment to the Trustee under the originally filed Plan was required to 

commence not later than 30 days following January 22, 2021, the date the petition was filed, or 

within 30 days from the date of conversion to Chapter 13.

3.

If the Modified Plan does not provide for payments to a secured creditor, such creditor is granted in 

rem stay relief to pursue available state court remedies against any property of the debtor which 

secures the creditor's claim.

4.

Any executory contract or unexpired lease of the Debtor's which has not been assumed pursuant to 

court order prior to entry of this Order, or which is not assumed in the Plan confirmed by this Order, 

is deemed rejected upon entry of this order.

5.

If the Modified Plan provides for payment to holder(s) of tax certificates on property of the Debtor, 

the following provisions shall apply:

6.

To ensure that the records of the County Tax Collector credit amounts received by certificate 

holders, upon receipt of information pursuant to subparagraph B below, the Tax Collector is 

ordered to adjust the County tax records and reduce both the amount owed on tax certificates 

and the amount of the tax lien to reflect payments made by the Chapter 13 Trustee to 

certificate holders under the confirmed plan.

a. 

b. The Tax Collector shall be served with any order entered post-confirmation which (a) 

dismisses or converts this case; (b) grants stay relief to the holder of a secured claim on the 

property subject to the tax certificates; (c) approves a sale or refinancing of the property 

subject to the tax certificates; (d) modifies the plan to eliminate further payments to one or 

more certificate holders; or (e) discharges the debtor(s) upon completion of the plan. Upon 

receipt of any such order, the Tax Collector shall request a ledger from the Chapter 13 

Trustee reflecting the amounts paid to certificate holders under the confirmed plan, or obtain 

the ledger information by accessing the Chapter 13 Trustee's website.

During the period in which the certificate holders are receiving payments under the 

confirmed plan, unless otherwise ordered, the Tax Collector is enjoined from accepting a 

redemption payment for any certificate which is included in the plan. This injunction will 

dissolve without further order of the court if (a) one of the orders described in subparagraph 

B is entered; and (b) the County has complied with the requirements in subparagraph A by 

reducing both the amount owed on any certificate paid or partially paid under the Plan and 

the amount of the tax lien by the amount paid to the certificate holder as reflected in the 

Chapter 13 Trustee's ledger.

c.

Case 21-10553-MAM Doc 68 Filed 03/10/22 Page 2 of 3
ORDER GRANTING MOTION TO MODIFY 

CASE NO.: 21-10553-BKC-MAM

If the Debtor fail to timely make any Plan payments to the Trustee, the Trustee may serve a "Notice 

of Delinquency" upon the Debtor and the Debtor's attorney. The Debtor shall have 45 days from the 

date of the "Notice of Delinquency" to make all payments due under the Modified Plan, including 

any payments that become due within the 45-day period. A Debtor seeking to cure the delinquency 

in a subsequent modified plan must file a motion to modify the confirmed plan within 15 days of the 

date of the "Notice of Delinquency." If the Debtor is not current with plan payments on the 45th day 

after the date of the "Notice of Delinquency," the Trustee may file and serve a report of 

non-compliance and the case will be dismissed without further notice or hearing. The Court will not 

extend these deadlines absent extraordinary circumstances.

7.

To the extent the Modified Plan sought a determination of valuation pursuant to Bankruptcy Rule 

3012, and no objections were filed or any objections were resolved, the terms of the Modified Plan 

will be binding upon the affected secured creditors, and any allowed Proof of Claim will be secured 

only to the extent of the value as provided for in the Modified Plan and unsecured as to the balance 

of the claim.

8.

###

ORDER SUBMITTED BY:

ROBIN R. WEINER, ESQUIRE

STANDING CHAPTER 13 TRUSTEE

P.O. BOX 559007

FORT LAUDERDALE, FL 33355-9007

954-382-2001

COPIES FURNISHED TO:

DEBTOR

ROBERTO FRANCISCO ORUE, II

7667 NW GREENSPRING ST

PORT SAINT LUCIE, FL 34987

ATTORNEY FOR DEBTOR

COLIN LLOYD, ESQUIRE

HOSKINS & TURCO, P.L.

302 S. 2ND STREET

FT. PIERCE, FL 34950

ROBIN R. WEINER IS DIRECTED TO SERVE COPIES OF THIS ORDER UPON THE PARTIES 

LISTED AND FILE A CERTIFICATE OF SERVICE.

Case 21-10553-MAM Doc 68 Filed 03/10/22 Page 3 of 3