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 UNITED STATES BANKRUPTCY COURT, SOUTHERN DISTRICT OF FLORIDA

www.flsb.uscourts.gov

CHAPTER 13 PLAN (Individual Adjustment of Debts)

■

Original Plan 

Amended Plan (Indicate 1st, 2nd, etc. Amended, if applicable)

FIRST Modified Plan (Indicate 1st, 2nd, etc. Modified, if applicable)

DEBTOR: Ava Benjamin JOINT DEBTOR: CASE NO.: 19-25801-LMI

SS#: xxx-xx- 3669 SS#: xxx-xxI. NOTICES 

To Debtors: Plans that do not comply with local rules and judicial rulings may not be confirmable. All plans, amended plans 

and modified plans shall be served upon all creditors and a certificate of service filed with the Clerk pursuant to 

Local Rules 2002-1 (C)(5), 3015-1(B)(2), and 3015-2. Debtor(s) must commence plan payments within 30 days of 

filing the chapter 13 petition or within 30 days of entry of the order converting the case to chapter 13. 

 To Creditors: Your rights may be affected by this plan. You must file a timely proof of claim in order to be paid. Your claim may 

be reduced, modified or eliminated. 

 To All Parties: The plan contains no nonstandard provisions other than those set out in paragraph VIII. Debtor(s) must check one 

box on each line listed below in this section to state whether the plan includes any of the following:

The valuation of a secured claim, set out in Section III, which may result in a 

partial payment or no payment at all to the secured creditor ■ Included Not included

Avoidance of a judicial lien or nonpossessory, nonpurchase-money security interest, set 

out in Section III Included ■ Not included

Nonstandard provisions, set out in Section VIII ■ Included Not included

II. PLAN PAYMENTS, LENGTH OF PLAN AND DEBTOR(S)' ATTORNEY'S FEE

A. MONTHLY PLAN PAYMENT: This Plan pays for the benefit of the creditors the amounts listed below, including trustee's 

fees of 10%, beginning 30 days from the filing/conversion date. In the event the trustee does not retain the full 10%, any unused 

amount will be paid to unsecured nonpriority creditors pro-rata under the plan:

1. $1,071.39 for months 1 to 14 ;

2. $2,043.33 for months 15 to 60 ;

B. DEBTOR(S)' ATTORNEY'S FEE: NONE PRO BONO

Total Fees: $5225.00 Total Paid: $890.00 Balance Due: $4335.00 

Payable $58.96 /month (Months 1 to 14 )

Payable $389.95 /month (Months 15 to 23 )

Allowed fees under LR 2016-l(B)(2) are itemized below:

$3500 Attorneys Fees + $525 Motion to Value + $525 Motion to Value + $150 Cost + $525 Motion to Modify= $5225.00

Applications for compensation must be filed for all fees over and above the Court's Guidelines for Compensation.

III. TREATMENT OF SECURED CLAIMS

A. SECURED CLAIMS: NONE

[Retain Liens pursuant to 11 U.S.C. §1325 (a)(5)] Mortgage(s)/Lien on Real or Personal Property:

1. Creditor: Habitat for Humanity of Greater Miami, Inc. / c/o Tiaa Bank [POC#7]

 Address: 301 West Bay Street 

Jacksonvill, FL 32202

Last 4 Digits of 

Account No.: 7172

Arrearage/ Payoff on Petition Date $17,818.30 

Arrears Payment (Cure) $200.22 /month (Months 1 to 14 )

Regular Payment (Maintain) $516.39 /month (Months 1 to 14 )

Arrears Payment (Cure) $12.77 /month (Months 15 to 23 )

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Debtor(s): Ava Benjamin Case number: 19-25801-LMI

Arrears Payment (Cure) $402.72 /month (Months 24 to 60 )

Regular Payment (Maintain) $1,059.54 /month (Months 15 to 60 )

Other:

■ Real Property

Principal Residence

Other Real Property

Address of Collateral:

2246 NW 61 Street, Miami, FL 33142

Check one below for Real Property:

■ Escrow is included in the regular payments

The debtor(s) will pay taxes insurance directly

Personal Property/Vehicle 

Description of Collateral:

B. VALUATION OF COLLATERAL: NONE

IF YOU ARE A SECURED CREDITOR LISTED BELOW, THE PLAN SEEKS TO VALUE THE COLLATERAL 

SECURING YOUR CLAIM IN THE AMOUNT INDICATED. A SEPARATE MOTION WILL ALSO BE SERVED UPON 

YOU PURSUANT TO BR 7004 AND LR 3015-3.

1. REAL PROPERTY: ■ NONE

2. VEHICLES(S): NONE

1. Creditor: Lugano Capital Inc 

dba Start Auto Finance Corp. 

c/o Sobhan Arafa, CEO

 Address: 6600 Taft Street, Ste 200 

Hollywood, FL 33024

Last 4 Digits of Account No.: 5205

VIN: JNKAJ09E18M304148

Description of Collateral:

2008 Infinity Ex35 Sport Utility 

Check one below:

Claim incurred 910 days or more prepetition

Claim incurred less than 910 days prepetition ■

Value of Collateral: $2,000.00 

Amount of Creditor's Lien: $8,127.00 

Interest Rate: 6.25%

Payment 

Total paid in plan: $9,483.85 

 $106.57 /month (Months 1 to 14 )

 $173.74 /month (Months 15 to 60 )

2. Creditor: Innovate Loan Service

 Address: 2201 Dottie Lynn Parkway 

Ft. Worth, TX 76120

Last 4 Digits of Account No.: 1934

VIN: 1N4AL2AP0CN463868

Description of Collateral:

2012 Nissan Altima S 

Check one below:

Claim incurred 910 days or more prepetition

Claim incurred less than 910 days prepetition ■

Value of Collateral: $1,000.00 

Amount of Creditor's Lien: $6,638.22 

Interest Rate: 6.25%

Payment 

Total paid in plan: $7,746.51 

 $87.29 /month (Months 1 to 14 )

 $141.84 /month (Months 15 to 60 )

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Debtor(s): Ava Benjamin Case number: 19-25801-LMI

3. PERSONAL PROPERTY: ■ NONE

C. LIEN AVOIDANCE ■ NONE

D. SURRENDER OF COLLATERAL: Secured claims filed by any creditor granted stay relief in this section shall not receive a 

distribution fom the Chapter 13 Trustee.

■ NONE

E. DIRECT PAYMENTS: Secured claims filed by any creditor granted stay relief in this section shall not receive a distribution 

fom the Chapter 13 Trustee.

■ NONE

IV. TREATMENT OF FEES AND PRIORITY CLAIMS [as defined in 11 U.S.C. §507 and 11 U.S.C. § 1322(a)(4)]

A. ADMINISTRATIVE FEES OTHER THAN DEBTORS(S)' ATTORNEY'S FEE: NONE

Name: State of Florida - Department of Revenue, Bankruptcy [POC#13]

Payment Address: P.O. BOX 8045, Tallahassee, FL 32314

Total Due: $1,813.64 

Payable: $0.00 /month (Months 1 to 14 )

Payable: $39.43 /month (Months 15 to 60 )

B. INTERNAL REVENUE SERVICE: ■ NONE

C. DOMESTIC SUPPORT OBLIGATION(S): ■ NONE

D. OTHER: ■ NONE

V. TREATMENT OF UNSECURED NONPRIORITY CREDITORS

A. Pay $0.00 /month (Months 1 to 14 )

Pay $21.73 /month (Months 15 to 60 )

Pro rata dividend will be calculated by the Trustee upon review of filed claims after bar date.

B. If checked, the Debtor(s) will amend/modify to pay 100% to all allowed unsecured nonpriority claims.

C. SEPARATELY CLASSIFIED: ■ NONE

*Debtor(s) certify the separate classification(s) of the claim(s) listed above will not prejudice other unsecured nonpriority 

creditors pursuant to 11 U.S.C. § 1322.

VI. EXECUTORY CONTRACTS AND UNEXPIRED LEASES: Secured claims filed by any creditor/lessor granted stay relief in this 

section shall not receive a distribution from the Chapter 13 Trustee.

■ NONE

VII. INCOME TAX RETURNS AND REFUNDS: NONE

The debtor(s) is hereby advised that the chapter 13 trustee has requested that the debtor(s) comply with 521(f) 1-4 on an 

annual basis during the pendency of this case. The debtor(s) hereby acknowledges that the deadline for providing the 

Trustee with their filed tax returns is on or before May 15 of each year the case is pending and that the debtor(s) shall 

provide the trustee (but not file with the Court) with verification of their disposable income if their gross household income 

increases by more than 3% over the previous year’s income. [Miami cases]

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VIII. NON-STANDARD PLAN PROVISIONS NONE

Nonstandard provisions must be set forth below. A nonstandard provision is a provision not otherwise included in the Local 

Form or deviating from it. Nonstandard provisions set out elsewhere in this plan are void.

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The debtor will modify the plan to provide for the distribution of funds recovered from his pending lawsuit 

which are not exempt to the unsecured creditors.

Mortgage Modification Mediation 

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Debtor(s): Ava Benjamin Case number: 19-25801-LMI

Debtor

Ava Benjamin Date

Attorney with permission to sign on 

Debtor(s)' behalf

/s/Robert Sanchez, Esq.

Date

January 22, 2021

Joint Debtor

Date

PROPERTY OF THE ESTATE WILL VEST IN THE DEBTOR(S) UPON PLAN CONFIRMATION. 

 

I declare that the foregoing chapter 13 plan is true and correct under penalty of perjury. 

By filing this document, the Attorney for Debtor(s) or Debtor(s), if not represented by counsel, certifies that the wording and 

order of the provisions in this Chapter 13 plan are identical to those contained in Local Form Chapter 13 Plan and the plan 

contains no nonstandard provisions other than those set out in paragraph VIII.

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