The Bankruptcy Law Offices of James Schwitalla, P.A.

Park Place II  12954 SW 133 Court  Miami, FL 33186  Telephone: (305) 278-0811  Telecopier (305) 278-0812

www.MiamiBankruptcy.net

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

www.flsb.uscourts.gov

In re: MARIO L. SORROCHE MORENO, Case No.: 19-17620-RAM

 Debtor. / Chapter 13

AGREED MOTION TO APPROVE STIPULATION ON CREDITOR’S 

MOTION FOR PARTIAL RECONSIDERATION IN SETTLEMENT OF 

MOTION FOR PARTIAL RECONSIDERATION OF (PARTIAL RELIEF 

FROM) ORDER GRANTING DEBTOR’S EXPEDITED MOTION FOR 

CONTEMPT, FOR SANCTIONS AGAINST SENNA LENDERS CORP., 

FOR DETERMINATION THAT THE MATTERS EMBRACED IN THE 

EVIDENTIARY HEARING ORDER AND OTHER DESIGNATED FACTS 

BE TAKEN AS ESTABLISHED AS THE DEBTOR CLAIMS, AND FOR 

FINAL SUMMARY JUDGMENT [ECF#58] AND FROM THE FINAL 

JUDGMENT AGAINST CREDITOR SENNA LENDING CORP. [ECF#64], 

AND MOTION TO SET ASIDE FINDINGS OR AMEND FINDINGS IN 

SAID ORDER, AND/OR MAKE ADDITIONAL FINDINGS [ECF#65] 

[Agreed as Between Debtor and SENNA LENDERS CORP.]

COMES NOW SENNA LENDERS CORP. (“SENNA”), through undersigned 

successor counsel, and files this Agreed Motion to Approve Stipulation on Creditor’s 

Motion for Partial Reconsideration in Settlement of Motion for Partial 

Reconsideration of (Partial Relief from) Order Granting Debtor’s Expedited Motion 

for Contempt, for Sanctions Against Senna Lenders Corp., for Determination that 

the Matters Embraced in the Evidentiary Hearing Order and Other Designated 

Facts be Taken as Established as the Debtor Claims, and for Final Summary 

Judgment [ECF#58] and from the Final Judgment Against Creditor Senna Lending 

Corp. [ECF#64], and Motion to Set Aside Findings or Amend Findings in Said 

Order, and/or Make Additional Findings [ECF#65] [ECF#81], and states:

1. SENNA filed its Motion for Partial Reconsideration of (Partial Relief 

from) Order Granting Debtor’s Expedited Motion for Contempt, for Sanctions 

Against Senna Lenders Corp., for Determination that the Matters Embraced in the 

Evidentiary Hearing Order and Other Designated Facts be Taken as Established as 

Case 19-17620-RAM Doc 81 Filed 11/12/19 Page 1 of 5
The Bankruptcy Law Offices of James Schwitalla, P.A.

Park Place II  12954 SW 133 Court  Miami, FL 33186  Telephone: (305) 278-0811  Telecopier (305) 278-0812

www.MiamiBankruptcy.net

the Debtor Claims, and for Final Summary Judgment [ECF#58] and from the Final 

Judgment Against Creditor Senna Lending Corp. [ECF#64], and Motion to Set Aside 

Findings or Amend Findings in Said Order, and/or Make Additional Findings

[ECF#65] (“Motion for Partial Reconsideration”);

2. The court set the hearing on the Motion for Partial Reconsideration for

November 26, 2019, at 11:30 A.M.;

3. SENNA and Debtor are pleased to advise the court that they have 

resolved all issues between them that the Motion for Partial Reconsideration raised, 

and their fully executed Stipulation on Creditor’s Motion for Partial Reconsideration 

(“Stipulation for Settlement”) reflecting that settlement is has been filed with the 

court [ECF#80];

4. SENNA requests, and the Debtor agrees, that the court approve the 

Stipulation for Settlement;

5. The Stipulation for Settlement --

a. Leaves in place the court’s previous award of attorney’s fees to the 

Debtor of $9,320.35;

b. Provides for an award of additional attorney’s fees to Debtor of 

$2,125;

c. Reduces the court’s previous award of punitive damages against 

SENNA from $18,640.70 to $500.00;

d. Provides for the court’s entry of an Agreed Amended Final 

Judgment in Debtor’s favor and against SENNA in the amount of 

$11,945.35;

Case 19-17620-RAM Doc 81 Filed 11/12/19 Page 2 of 5
The Bankruptcy Law Offices of James Schwitalla, P.A.

Park Place II  12954 SW 133 Court  Miami, FL 33186  Telephone: (305) 278-0811  Telecopier (305) 278-0812

www.MiamiBankruptcy.net

e. Allows SENNA to pay the $11,945.35 in five, equal, consecutive, 

monthly installments of $2,389.07 commencing November 5, 2019 

(the first installment of which has already been paid);

f. Agrees to a plan interest rate of 5.25% applicable to SENNA’s 

secured claim;

g. Provides that Debtor will not object to SENNA’s unsecured claim 

against the chapter 13 estate of $9,937.35, representing the 

difference between the total of payments that would be paid to 

SENNA if Debtor paid the contract interest rate and the total of 

payments that will be paid to SENNA at the agreed reduced rate 

of 5.25%;

h. Provides for amended findings and additional finding that –

i. Senna knew that the 2012 Volvo 780 was titled under the 

Debtor’s name jointly with the non-debtor entity that had 

not filed a bankruptcy when it repossessed the 2012 Volvo 

780;

ii. Senna’s Initial Counsel, PAUL EDWARD WILSON, JR., 

refused to return the 2012 Volvo 780 after demand to return 

was made by phone call on July 8, 2019, and email on July 8, 

2019.

iii. PAUL EDWARD WILSON, JR., and not SENNA, refused to 

return the vehicle upon various demands by Debtor’s 

attorneys;

iv. The conduct of the Creditor was sufficiently egregious to 

warrant punitive damages to deter SENNA’s behavior; and

v. But for PAUL EDWARD WILSON, JR.,’s egregiously bad 

(and wrong) counsel, advice, and instruction, SENNA would 

Case 19-17620-RAM Doc 81 Filed 11/12/19 Page 3 of 5
The Bankruptcy Law Offices of James Schwitalla, P.A.

Park Place II  12954 SW 133 Court  Miami, FL 33186  Telephone: (305) 278-0811  Telecopier (305) 278-0812

www.MiamiBankruptcy.net

never have repossessed the vehicle post-petition or refused 

even one demand for its return.

i. Provides that SENNA accepts the Debtor’s payment of its secured 

claim at 5.25% without the necessity of filing a motion to value 

lien;

j. Provides that SENNA will withdraw its objection to confirmation 

(which has already been done);

k. Bars SENNA from seeking attorney’s fees and costs; objecting to 

the treatment of its secured claim as described above; seeking 

adequate protection; seeking a different valuation; seeking a court 

finding that there is remainder value in the collateral for the 

benefit of unsecured creditors; and seeking to require that the 

corporate co-debtor be reinstated or seeking to retitle the 

collateral jointly in the Debtor’s and co-debtor’s names; and

l. Provides for Debtor and SENNA to mutually release one another 

other than for the obligations set forth in the Stipulation for 

Settlement;

WHEREFORE, SENNA LENDERS CORP respectfully prays that this Honorable 

Court:

a. enter an Order Approving the Stipulation on Creditor’s Motion for Partial 

Reconsideration in the form attached hereto as Exhibit A;

b. enter an Agreed Amended Final Judgment in Debtor’s favor and against 

SENNA in the amount of $11,945.35 in the form attached hereto as Exhibit B;

c. enter an Order Granting in Part and Denying in Part the Motion for Partial 

Reconsideration in the form attached hereto as Exhibit C; and

Case 19-17620-RAM Doc 81 Filed 11/12/19 Page 4 of 5
The Bankruptcy Law Offices of James Schwitalla, P.A.

Park Place II  12954 SW 133 Court  Miami, FL 33186  Telephone: (305) 278-0811  Telecopier (305) 278-0812

www.MiamiBankruptcy.net

d. grant such other relief as this court deems just and appropriate under the 

circumstances on the grounds set forth above.

Respectfully Submitted,

/s/ James Schwitalla_____

James Schwitalla, Esquire

F.B.N. 911488

jws@MiamiBKC.net

The Bankruptcy Law Offices

of James Schwitalla, P.A.

Attorney for Senna Lenders Corp.

12954 S.W. 133 Court

Miami, Florida 33186

Office (305) 278-0811

Case 19-17620-RAM Doc 81 Filed 11/12/19 Page 5 of 5