UNITED ST ATES BANKRUPTCY COURT, SOUTHERN DISTRICT OF FLORIDA 

www.flsb.uscourts.gov 

CHAPTER 13 PLAN (Individual Adjustment of Debts) 

D Original Plan ~~--~--------

[!] Second Amended Plan (Indicate lst, 2nd, etc. Amended, if applicable) 

D Modified Plan (Indicate 1st, 2nd, etc. Modified, if applicable) ~------------

DEBTOR: Rodney Sanchez Zgraggen 

SS#: xxx-xx- 0608 

JOINT DEBTOR: Yarielsi Batista 

SS#: xxx-xx-2124 

CASE NO.: 20-21029-RAM 

I. 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-l(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 [!] Included D Not included partial payment or no payment at all to the secured creditor 

Avoidance of a judicial lien or nonpossessory, nonpurchase-money security interest, set D Included [!] Not included out.in Section III 

Non_standard provisions, set out in Section VIII [!] Included D Not included 

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

A. MONTHLY PLAN PAYMENT: This Plan pays forthe 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. $1 853.00 for months to__QQ_; 

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

Total Fees: $7000.00 Total Paid: $1200.00 Balance Due: $5800.00 ---------- Pay able $111.54 /month (Months _I_ to 52 

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

$ 4,500.00 (Attorney Fees)+ $2,500.00 (MMM) 

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: 0 NONE 

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

1. Creditor: US Bank Trust National Associaiton 

Address: c/o SN Servicing 

Corporation 

323 5th Street 

Eureka, CA 9550 I 

Last 4 Digits of 

Account No.: 3654 

Other: 

LF-31 (rev. I 0/3/17) 

Arrearage/ Payoff on Petition Date 

MMM Adequate Protection 

Page I of5 

__ $_1~,2_2_5._3_3_ /month (Months to~) 

Case 20-21029-RAM Doc 44 Filed 12/10/20 Page 1 of 5
··~ 

Debtor(s): Rodney Sanchez Zgraggen, Yarielsi Batist Case number: 20-21029-RAM 

00 Real Property 

(!:]Principal Residence 

[):>ther Real Property 

Address of Collateral: 

9143 SW 77 Avenue, B-308 

Miami, FL 33156 

D Personal Property/Vehicle 

Description of Collateral: 

2. Creditor: Dadeland Place Condominium 

Address: c/o Executive National 

Bank 

POB 164621 

Miami, FL 33116 

Last 4 Digits of 

Account No.: 2308 

Other: 

00 Real Property 

l/rincipal Residence 

[):>ther Real Property 

Address of Collateral: 

9143 SW 77 Avenue, B-308 

Miami, FL 33156 

D Personal Property/Vehicle 

Description of Collateral: 

Check one below for Real Property: 

(!:]Escrow is included in the regular payments 

0The debtor(s) will pay Otaxes Oinsurance directly 

Arrearage/ Payoff on Petition Date 

Regular Payment (Maintain) __ $_32_9_.o_o __ /month (Months 

~'·Check one below for Real Property: 

0Escrow is included in the regular payments 

to 60 ) 

0The debtor(s) will pay Otaxes Oinsurance directly 

B. VALUATION OF COLLATERAL: 0 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: 0 NONE 

1. Creditor: Dadeland Place Value of Collateral: $138,590.00 

Condominium 

Amount of Creditor's Lien: $79,094.14 

Address: c/o Executive National Bank 

POB 164621 

Miami, FL 33116 Interest Rate: 0.00% 

Last 4 Digits of Account No.: 2308 Check one below: 

Real Property D Escrow is included in the monthly 

[!]Principal Residence mortgage payment listed in this section 

00ther Real Property 

D The debtor(s) will pay 

Otaxes Oinsurance directly Address of Collateral: 

9143 SW 77 Avenue, B-308 

Miami, FL 33156 

2. VEHICLES(S): ~ NONE 

3. PERSONAL PROPERTY: ~ NONE 

C. LIEN AVOIDANCE ~ NONE 

LF-31 (rev. 10/3/17) Page 2 of 5 

Pannent 

Total paid in plan: $0.00 

$0.00 /month (Months I to 60 ) -- -

Case 20-21029-RAM Doc 44 Filed 12/10/20 Page 2 of 5
Debtor(s): Rodney Sanchez Zgraggen, Yarielsi Batis1 Case number: 20-21029-RAM 

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. 

00 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. 

00 NONE 

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

A. ADMINISTRATIVE FEES OTHER THAN DEBTORS(S)' ATTORNEY'S FEE: 00 NONE 

B. INTERNAL REVENUE SERVICE: 00 NONE 

C. DOMESTIC SUPPORT OBLIGA TION(S): 00 NONE 

D. OTHER: 00 NONE 

V. TREATMENT OF UNSECURED NONPRIORITY CREDITORS 

A. Pay $1.83 /month (Months ------ to _g_) 

Pay __ $_1 _13_.3_7__ /month (Months _g_ to 60 ) 

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

B. D If checked, the Debtor(s) will amend/modify to pay I 00% to all allowed unsecured nonpriority claims. 

C. SEPARATELY CLASSIFIED: 00 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. 

00 NONE 

VII. INCOME TAX RETURNS AND REFUNDS: 0 NONE 

00 The debtor(s) is hereby advised that the chapter 13 trustee has requested that the debtor(s) comply with 52l(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 iftheir gross household income 

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

VIII. NON-STANDARD PLAN PROVISIONS 0 NONE 

D 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. 

00 Mortgage Modification Mediation 

LF-31(rev.10/3/17) Page 3 of 5 

Case 20-21029-RAM Doc 44 Filed 12/10/20 Page 3 of 5
LF-31(rev.10/3/17) 

Debtor(s): Rodney Sanchez Zgraggen, Yarielsi Batis1 Case number: 20-21029-RAM 

The debtor has filed a Verified Motion for Referral to MMM with: 

US Bank Trust National Associaiton ("Lender") ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-

1 o an number 3654 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 

for real property located at 9143 SW 77 Avenue, Unit B308, Miami, FL 33156 

The parties shall timely comply with all requirements of the Order of Referral to MMM and all Administrative Orders/Local 

Rules regarding MMM. While the MMM is pending and until the trial/interim payment plan or the permanent mortgage 

modification/permanent payment is established by the parties, absent Court order to the contrary, the debtor has included a postpetition monthly plan payment (a) with respect to the debtor's homestead, ofno less than the lower of the prepetition monthly 

contractual mortgage payment or 31 % of the debtor's gross monthly income (after deducting any amount paid toward HOA fees 

due for the property) and (b) with respect to income producing property, of no less than 75% of the gross income generated by 

such property, as a good faith adequate protection payment to the lender. All payments shall be considered timely upon receipt 

by the trustee and not upon receipt by the lender. 

Until the MMM is completed and the Final Report of Mortgage Modification Mediator is filed, any objection to the lender's 

proof of claim on the real property described above shall be held in abeyance as to the regular payment and mortgage arrearage 

stated in the proof of claim only. The debtor shall assert any and all other objections to the proof of claim prior to confirmation 

of the plan or modified plan. 

If the debtor, co-obligor/co-borrower or other third party (if applicable) and the lender agree to a settlement as a result of the 

pending MMM, the debtor will file the MMM Local Form "Ex Parte Motion to Approve Mortgage Modification Agreement 

with Lender" (or Self-Represented Debtor's Motion to Approve Mortgage Modification Agreement with Lender) no later than 

14 calendar days following settlement. Once the settlement is approved by the Court, the debtor shall immediately amend or 

modify the plan to reflect the settlement and the lender shall amend its Proof of Claim to reflect the settlement, as applicable. 

If a settlement is reached after the plan is confirmed, the debtor will file a motion to modify the plan no later than 30 calendar 

days following approval of the settlement by the Court and the Lender shall have leave to amend its Proof of Claim to reflect 

the settlement reached after confirmation of the plan. The parties will then timely comply with any and all requirements 

necessary to complete the settlement. 

In the event the debtor receives any financial benefit from the lender as part of any agreement, the debtor shall immediately 

disclose the financial benefit to the Court and the trustee and amend or modify the plan accordingly. 

If the lender and the debtor fail to reach a settlement, then no later than 14 calendar days after the mediator's Final Report is 

filed, the debtor will amend or modify the plan to (a) conform to the lender's Proof of Claim (if the lender has filed a Proof of 

Claim), without limiting the Debtor's right to object to the claim or proceed with a motion to value; or (b) provide that the real 

property will be "treated outside the plan." If the property is "treated outside the plan," the lender will be entitled to in rem stay 

relief to pursue available state court remedies against the property. Notwithstanding the foregoing, lender may file a motion to 

confirm that the automatic stay is not in effect as to the real property. 

Confirmation of the plan will be without prejudice to the assertion of any rights the lender has to address payment of its Proof 

of Claim. 

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Case 20-21029-RAM Doc 44 Filed 12/10/20 Page 4 of 5
Debtor(s): Rodney Sanchez Zgraggen, Yarielsi Batis1 Case number: 20-21029-RAM 

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. 

Debtor Joint Debtor 

Rodney Sanchez Zgraggen Date Yarielsi Batista Date 

--/ -- I 10 1()1J 

errnissioan;o s· . ~~~ ~ l (A La~e /1 cJfa~ 

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. 

LF-31(rev.10/3/17) Page 5 of 5 

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