IN THE UNITED STATES BANKRUPTCY COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

IN THE MATTER OF: CASE NO.: 20-20438-LMI

Enzo R. Aguilera CHAPTER: 13

Debtor,

_____________________________/

EMERGENCY MOTION TO EXTEND THE AUTOMATIC STAY

PURSUANT TO 11 U.S.C. § 362 c(3)(B)

(The hearing on this motion is requested on an emergency basis to be heard within 

thirty (30) days of the petition date)

The Debtor, ENZO R. AGUILERA, (hereinafter referred to as “Debtor”), by and 

through the undersigned counsel moves this Honorable Court for entry of an order 

extending the Automatic Stay pursuant to 11 U.S.C. § 362 c(3)(B). As grounds for this 

request, the Debtor states as follows:

1. On September 25, 220, the Debtor filed a petition for relief under Chapter 13 

of the Bankruptcy Code and has had one prior chapter 13 bankruptcy case

dismissed within the prior year. 

2. Debtor’s prior case was dismissed without prejudice on May 26, 2020. The

Debtor’s previous case was dismissed for failure to file schedules. Due to 

COVID, the Debtor experienced an unexpected hardship in preparing

required documents, as well as a loss in income, making plan payments 

difficult.

3. The filing of this motion is in good faith, and but for the unforeseen 

circumstances, would have proceeded with the first bankruptcy. 

4. The Debtor would like the opportunity to save his homestead and has filed a 

Chapter 13 Plan that proposes a loan modification.

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5. This motion is being filed now so that it can be heard within the initial 30 days 

of the filing of this matter. Should the Court grant this motion, an order will 

immediately be uploaded after the hearing to ensure the automatic stay stays 

in effect. 

6. The Debtor requests that the automatic stay imposed by 11 U.C.S § 362 stay 

in effect as to all her creditors, for her individual, personal obligations. 

7. The Debtor states that the filing of this case is in good faith as to all creditors 

for which the Debtor is seeking the continued protection of the automatic stay.

Wherefore, ENZO R. AGUILERA, requests from this court to grant an 

Emergency hearing on the present Motion pursuant to Local Rule 9075-1, grant the 

Motion to Extend Automatic Stay for such further relief as this Court deems appropriate. 

DATED: September 28, 2020.

CERTIFICATE OF COMPLIANCE 

I HEREBY 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 910(d)(1) and (2). 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that true and correct copy of the foregoing was served on 

October 5, 2020 upon all parties and counsel who are authorized to receive electronic

Notices of Electronic Filing (as detailed below) in this case and all those on the attached 

matrix. 

PraDa Law

1450 NW 87 Avenue, Suite 210

Doral, Fl. 33172

305-203-1059 (phone)

786-513-4627 (facsimile) 

agarica@PraDa.law

/s/ Alexis Garcia

ALEXIS GARCIA, ESQ. 

Florida Bar No.: 067269

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