UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

www.flsb.uscourts.gov

IN RE: CASE NO.: 21-12374- RAM

Chapter 11

AVENTURA HOTEL PROPERTIES, LLC,

TRIPTYCH MIAMI HOLDINGS, LLC,

Debtor.

___________________________________/

MOTION FOR RELIEF FROM THE AUTOMATIC STAY

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.

COMES NOW, MIGUEL SIERRALTA (hereinafter referred to as “Movant”) by and 

through his undersigned counsel, and hereby moves the Court pursuant to Federal Rules of 

Bankruptcy Procedure 4001-1(C) to lift the automatic stay imposed by 11 U.S.C. Section 362(a) 

under 11 U.S.C. Section 362(d)(2), and in support of his motion states:

1. The Debtors filed for relief under Chapter 11 of the Bankruptcy Code on March 

12, 2021.

2. The Court has jurisdiction of this matter pursuant to 28 U.S.C. Section

157(b)(2)(G).

3. Movant, Miguel Sierralta, an individual, is the Plaintiff in the matter Miguel 

Sierralta vs. Jesus Alberto Abilahoud, et al., Case No. 2020-10341-CA-01, which was filed on 

May 13, 2020 in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade

County, Florida (the “State Action”).

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4. The Defendants in the State Action are Alberto Abilahoud (“Abilahoud”), an 

individual, Town Arts Properties, LLC, a Florida limited liability company (“Town 

Arts”)(Abilahoud and Town Arts are referred together as the “Defaulting Defendants”), Hes 

Triptych Holding, LLC ("HES”), Triptych Miami Holdings, LLC ("Triptych Miami"), and 

Aventura Hotel Properties, LLC ("Aventura")( Triptych Miami and Aventura are referred 

together as the “Debtors”). 

5. The Movant’s Complain in the State Action contains three (3) Counts, one for 

breach of promissory note against the Defaulting Defendants (Count I), one for foreclosure of 

security agreement against the Defaulting Defendants (Count II), and one for a temporary 

injunction against HES and the Debtors (Count III) (See State Action’s Complaint attached as 

exhibit “A”).

6. Count I and II of the State Action’s Complaint are predicated on the Defaulting 

Defendants’ breach under certain Balloon Promissory Note (the "Note") and to foreclosure a 

Security Agreement/Chattel Mortgage (‘Chattel Mortgage”) securing the debt under the Note.

7. The Chattel Mortgage granted a security interest to Movant over the 28.4% 

Membership Interest that Town Arts holds in HES (the “Collateral”).

8. HES holds 100% of the membership interest of Triptych Miami. This membership 

interest is HES’s only substantial asset.

9. Triptych Miami holds 100% of the membership interest of Aventura. This 

membership is Triptych Miami’s only substantial asset. Aventura owns several real estate 

properties in Miami-Dade County (the “Lots”).

10. Abilahoud is the co-manager of Triptych and Aventura and an authorized member 

of HES.

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11. To protect his interest in the Collateral, Movant also petitioned for a temporary 

injunction against the HES and the Debtors in Count III of the State Action’s Complaint. The 

temporary injunction simply seeks an order from the Court enjoining HES and the Debtors to 

keep Movant informed prior to, during and after any disposition or encumbrance of their 

membership interest and/or the Lots.

12. The relief requested in the State Action against the Debtors is not to collect a debt 

against the Debtors and would not interfere with this bankruptcy case or prejudice any other 

creditor of the Estate.

13. The Movant seeks to lift the automatic stay imposed by 11 U.S.C. Section 362(a)

to continue his prosecution of his claims pursuant in the State Action.

14. 11 U.S. Code § 362 (d)(1) provides that stay relief may be granted for cause. 

Bankruptcy Courts in the Southern District of Florida look to the totality of the circumstances in 

determining whether cause exists to lift the automatic stay. E.g., In re Bryan Road, LLC, 382 

B.R. 844, 854-55 (Bankr. S.D. Fla. 2008). The pursuit of pending, pre-petition litigation may 

constitute "cause" under section 362(d)(1) of the Code. In re Murray Indus., Inc., 121 B.R. 635, 

637 (Bankr. M.D. Fla. 1990).

15. Bankruptcy Courts have looked to the twelve factors set forth in In re Sonnax 

Indus., Inc., 907 F.2d 1280, 1286 (2d Cir. 1990) to assist in determining whether cause exists to 

lift the automatic stay to allow a party to pursue pending litigation outside of the Bankruptcy 

Court, including Bankruptcy Courts in Florida. See, e.g., In re Beane, 404 B.R. 942, 948 (Bankr. 

M.D. Fla. 2008).

16. The relevant Sonnax factors to consider in this case are: (a) the lack of any 

connection with or interference with the bankruptcy case; (b) whether litigation in another forum 

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would prejudice the interests of other creditors, the creditors’ committee and other interested 

parties; and (c) the impact of the stay on the parties and the “balance of hurt.” Sonnax, 907 F.2d 

at 1286.

17. With the State Action, Movant does not intend to seize property, collect money, 

or by any means affect the Debtors’ assets or business.

18. Therefore, relief of the temporary injunction in favor of Movant will not interfere 

with the bankruptcy case, or prejudice the interests of other creditors, the creditors' committee, or 

any other interested parties.

19. Similarly, the "balance of hurt" factor also supports granting of this Motion. The 

Debtors, HES or any other interested party will not suffer any hardship should the State Court 

orders the Debtors to keep Movant informed of any disposition or encumbrance of any of their 

membership interest or the Lots.

20. In this instance, consideration of the totality of the circumstances and all of the 

Sonnax factors warrant entry of an order lifting the automatic stay and allowing the State Court 

to proceed on the merits.

21. The injunction sought aims to prevent the Defaulting Defendants, HES and the 

Debtors from taking any actions that could diminish the value of the Collateral without affording 

Movant prior notice.

22. Based on the foregoing, cause exists to lift the automatic stay to allow the Movant

to continue prosecuting the State Action.

WHEREFORE, the Movant, MIGUEL SIERRALTA, respectfully requests that this 

Court enters an Order granting relief from the automatic stay to allow Movant to prosecute his

claims against the Defaulting Defendants and obtain injunctive relief enjoining the Debtors to 

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keep Movant informing of any transactions involving the sale, conveyance, encumbrance, 

disposition or transferring of the Lots, and any other further relief this Court deems just and 

proper.

CERTIFICATE OF SERVICE

I hereby certify that on this May 11, 2021, a true and correct copy of the forgoing 

Movant’s Motion for Relief from the Automatic Stay was served via CM/ECF system to all 

counsels of record as indicated in the attached service list.

RAUL E. ESPINOZA, PL 

Attorneys for Movant Miguel Sierralta

4253 SW 71st Avenue, 

Miami, Florida 33155 

By: __/s/ Raul E. Espinoza________________

Raul E. Espinoza, Esq. 

Florida Bar No.: 50664 

Tel.: 786.539.5410 

Fax: 786.539.5411

Email: respinoza@repalaw.com

Case 21-12374-RAM Doc 42 Filed 05/13/21 Page 5 of 27
SERVICE LIST

Served Via CM/ECF System

Jose A Casal on behalf of Creditor Fifteen Midtown Properties, LLC

jose.casal@hklaw.com

josie.vila@hklaw.com

Ileana Cruz on behalf of Creditor Miami Dade County Tax Collector

cao.bkc@miamidade.gov

Mariaelena Gayo-Guitian on behalf of Debtor Triptych Miami Holdings, LLC

mguitian@gjb-law.com

gjbecf@gjb-law.com

vlambdin@gjb-law.com

cesser@gjblaw.com

chopkins@gjb-law.com

gjbecf@ecf.courtdrive.com

Office of the US Trustee

USTPRegion21.MM.ECF@usdoj.gov

Steven D Schneiderman on behalf of U.S. Trustee Office of the US Trustee

Steven.D.Schneiderman@usdoj.gov

Jeffrey I. Snyder, Esq. on behalf of Creditor LV Midtown LLC

jsnyder@bilzin.com

eservice@bilzin.com

lflores@bilzin.com

jeffrey-snyder-9959@ecf.pacerpro.com

Jesus M Suarez, Esq. on behalf of Debtor Aventura Hotel Properties, LLC, Triptych Miami 

Holdings, LLC, and Interested Party Triptych Miami Holdings, LLC

jsuarez@gjb-law.com

gjbecf@gjb-law.com

chopkins@gjb-law.com

jzamora@gjblaw.com

ecastellanos@gjb-law.com

gjbecf@ecf.courtdrive.com

Aliette D. Rodz, Esq. on behalf of Creditor QR Triptych LLC

arodz@shutts.com

Peter H. Levitt, Esq. on behalf of Creditor QR Triptych LLC

plevitt@shutts.com

Eric N. Assouline, Esq. on behalf of Elisabeth Eljuri and Ivan Sandrea

ena@assoulineberlowe.com

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EXHIBIT “A”

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