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04-094323-B00

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

 MIAMI DIVISION

IN RE:

Ruben Carrazana,

Debtor.

_____________________________________/

CASE NO.: 20-20403-LMI

CHAPTER: 13

SECURED CREDITOR’S OBJECTION

TO CONFIRMATION OF THE DEBTOR’S CHAPTER 13 PLAN

(For Property 565 E 8th Street, Hialeah, FL 33010-4541)

COMES NOW, Deutsche Bank National Trust Company As Trustee For The Holders of

New Century Home Equity Loan Trust, Series 2005-A, Asset Backed Pass-Through Certificates

(“Secured Creditor”), by and through its undersigned attorney, objects to confirmation of the

Debtor's Chapter 13 Plan [DE 2] filed on September 25, 2020 (the “Plan”) and states as follows:

1. This Case was commenced by the filing of a Chapter 13 Voluntary Petition on

September 25, 2020.

2. Secured Creditor holds a first mortgage lien against real property of the Debtor

located at 565 E 8th Street, Hialeah, FL 33010-4541 (the “Property”) by virtue of a Mortgage,

securing payment of a Note, recorded on June 8, 2005 in the official records, Book 23451 at Page

1737, of the Public Records of Miami-Dade County, Florida.

3. The deadline for filing claims is December 4, 2020 and Secured Creditor

anticipates filing a proof of claim which will reflect a total debt of $191,764.48, a

total arrearage of $2,356.40, and a regular post-petition monthly payment of $1,352.96.

4. The Plan fails to mention the Property even though Debtor signed both the Note

and Mortgage, which are attached hereto as Exhibit A.

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04-094323-B00

5. The Plan fails to provide for full payment of the secured claim in violation of

the requirements of §1325(a)(5) and Secured Creditor has not accepted the Plan.

6. Secured Creditor reserves the right to file a supplemental objection.

WHEREFORE, Deutsche Bank National Trust Company As Trustee For The Holders of

New Century Home Equity Loan Trust, Series 2005-A, Asset Backed Pass-Through Certificates

files this Objection to Confirmation of the Debtor’s Chapter 13 Plan [DE 2], moves the Court

to deny confirmation of said Plan, and for such further and other relief that the Court deems

just and proper.

FRENKEL LAMBERT WEISS WEISMAN

& GORDON, LLP

Attorneys for Secured Creditor

One East Broward Boulevard, Suite 1111

Fort Lauderdale, FL 33301

Phone: 954-522-3233 x1631

Fax: 954-200-7770

Email: LSavastano@flwlaw.com

/s/ Lindsey Savastano

Lindsey Savastano, Esq.

Florida Bar No. 57079

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04-094323-B00

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy of the foregoing has been served via electronic

transmission (CM/ECF) to the U.S. Trustee, and all Counsels of record and/or United States first

class mail postage prepaid to the below Mailing List this 30th day of October, 2020.

MAILING LIST

Attorney for Debtor

Robert Sanchez, Esq.

355 W 49 St.

Hialeah, FL 33012

Debtor

Ruben Carrazana

565 E 8th Street

Hialeah, FL 33010-4541

Trustee

Nancy K. Neidich

POB 279806

Miramar, FL 33027

U.S. Trustee

Office of the US Trustee

51 S.W. 1st Ave.

Suite 1204

Miami, FL 33130

FRENKEL LAMBERT WEISS WEISMAN

& GORDON, LLP

Attorneys for Secured Creditor

One East Broward Boulevard, Suite 1111

Fort Lauderdale, FL 33301

Phone: 954-522-3233 x1631

Fax: 954-200-7770

Email: LSavastano@flwlaw.com

/s/ Lindsey Savastano

Lindsey Savastano, Esq.

Florida Bar No. 57079

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