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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

In re: KEVIN AMBROSE BURNS, Case No.: 20-21071-LMI

 Chapter: 13

Debtor(s)

OBJECTION TO CONFIRMATION OF FOURTH AMENDED PLAN (D.E. 51)

FILED ON BEHALF OF SECURED CREDITOR LARRY S. SAZANT, TRUSTEE

COMES NOW, LARRY S. SAZANT, TRUSTEE (the “Secured Creditor”), by and 

through his undersigned counsel and objects to the confirmation of the FOURTH Amended Plan 

(the “Plan”) (D.E. 51) and any future Plan(s) filed by the Debtor to the extent that such Plan(s) 

contains the provision to which this Objection is directed. In support of this Objection, the Creditor 

avers as follows:

1. On October 9, 2020, Kevin Ambrose Burns (the “Debtor”) commenced this bankruptcy 

case by filing a petition for relief under Chapter 13 of the United States Bankruptcy Code (D.E. 

1).

2. Secured Creditor holds a security interest in Debtor’s real property located at 2065 

Alamanda Drive, Miami, Florida 33181 (the “Property”), by virtue of a Mortgage and Security 

Agreement which is recorded in Official Records Book 24690, at Pages 2417-2427, of the Public 

Records of Miami-Dade County, Florida. The Mortgage secured a Promissory Note in the amount 

of $175,000.00.

3. On December 18, 2020, the Secured Creditor filed a Proof of Claim (POC No. 9) which 

sets forth the entire amount due in the amount of $778,630.00 as the loan matured.

4. According to the Plan (D.E. 51), Debtor proposes to retain the Property and pay only 

the regular monthly mortgage payments and cure the pre-petition arrearage to the first mortgagee, 

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Deutsche Bank National Trust Company and fails to provide for payment in full to Secured 

Creditor.

5. Debtor’s Plan fails to provide for the Creditor’s secured claim.

6. The Plan fails to comply with 11 U.S.C. §1325(a)(5) in that it does not provide adequate 

protection for Secured Creditor’s interest pursuant to 11 U.S.C. §361. In addition, Creditor does 

not agree to such treatment through the Plan.

7. Accordingly, Secured Creditor objects to the Plan and any proposed Plan that is 

inconsistent with Creditor’s Claim or is not amended or modified to overcome his objections.

8. Secured Creditor requests that the Plan be amended to provide for Secured Creditor’s 

claim or surrender the Property.

9. Secured Creditor hereby reserves the right to supplement and/or amend this Objection.

WHEREFORE, Creditor, LARRY S. SAZANT, TRUSTEE, respectfully requests the 

Court deny confirmation of the proposed Plan(s) and grant it such additional relief as the Court 

deems just and proper. 

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 set forth in Local Rule 2090-1(A).

CERIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the following document was 

furnished via electronic transmission to Patrick L. Cordero, Esquire, attorney for Debtor, 

at ecfmail@pcorderolaw.com, Nancy K. Neidich, Chapter 13 Standing Trustee, at 

e2c8f01@ch13miami.com, ecf2@ch13miami.com and to the parties who are currently on the list 

to receive e-mail notice/service for this case on February 26, 2021.

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/s/ Denise M. Blackwell-Pineda

Denise M. Blackwell-Pineda, Esq.

Florida Bar Number: 751421

RITTER, ZARETSKY, LIEBER & JAIME, LLP

2800 Biscayne Boulevard, Suite 3500

Miami, Florida 33137

Telephone: (305) 372-0933

Attorney for Creditor, Larry S. Sazant, Trustee

Email: Denise@rzllaw.com

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