UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

www.flsb.uscourts.gov 

IN RE: Case No. 20-13104-PGH

Marc-Aurel Genece Chapter 13

Debtor. /

TRUIST BANK, SUCCESSOR BY MERGER TO SUNTRUST BANK’S NOTICE OF 

FORBEARANCE AGREEMENT DUE TO THE COVID-19 PANDEMIC 

Now comes Creditor Truist Bank, successor by merger to SunTrust Bank (“Creditor”), by 

and through undersigned counsel, and hereby submits its Notice of Forbearance Agreement due to a 

material financial hardship caused by the COVID-19 pandemic as allowed for under the 

Coronavirus Aid, Relief, and Economic Security Act or the “CARES Act” (H.R. 748-210 section 

4022) enacted March 27, 2020 and states as follows: 

1. Creditor, Truist Bank, successor by merger to SunTrust Bank, is listed in the First 

Amended Chapter 13 Plan (Doc. No. 23) as paid direct for a mortgage encumbering real property 

located at 5170 SW 19th St, Plantation, FL 33317. 

2. Creditor filed its Proof of Claim (8-1) which lists a secured total claim of 

$340,326.25, an arrearage of $85.00, and monthly payment of $3,453.53. 

3. Creditor and Debtor agree to a forbearance of the mortgage payment for a period of 

ninety (90) days beginning on May 1, 2020, and ending on July 31, 2020. 

4. Creditor at this time does not waive any rights to collect the payments that come due 

during the forbearance period however it will not attempt to seek relief from the automatic stay or 

attempt to collect any mortgage debt during this time. 

Case 20-13104-PDR Doc 28 Filed 05/26/20 Page 1 of 3
5. The parties agree that Debtor will resume Mortgage payments beginning August 1, 

2020 and will be required to cure the delinquency created by the forbearance period (hereinafter 

“forbearance arrears”) 1. 

/s/Elizabeth Eckhart 

Elizabeth Eckhart 

FL Bar # 0048958 

Shapiro, Fishman & Gaché, LLP 

Attorney for Secured Creditor 

4630 Woodland Corporate Blvd. 

Suite 100 

Tampa, FL 33614 

Telephone: 813-319-5278 

Fax: (813) 880-8800 

E-mail: eeckhart@logs.com 

1

 The CARES act also allows for the Debtor to make a further 180-day request upon the expiration of the initial sixmonth period if the Debtor is still adversely affected by the COVID-19 pandemic. 

Case 20-13104-PDR Doc 28 Filed 05/26/20 Page 2 of 3
CERTIFICATE OF SERVICE

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. 

I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of 

Forbearance Agreement was sent via CM/ECF transmission or via first class United States mail 

on this 26th day of May, 2020 to: 

Marc-Aurel Genece, 5170 SW 19th St, Plantation, FL 33317 

John D Segaul, 300 S. Pine Island Rd, #304, Plantation, FL 33324 

Robin R Weiner, POB 559007, Fort Lauderdale, FL 33355 

United States Trustee, 51 SW First Avenue, Suite 1204, Miami, FL 33130 

/s/Elizabeth Eckhart 

Elizabeth Eckhart 

FL Bar # 0048958 

Shapiro, Fishman & Gaché, LLP 

Attorney for Secured Creditor 

4630 Woodland Corporate Blvd. 

Suite 100 

Tampa, FL 33614 

Telephone: 813-319-5278 

Fax: (813) 880-8800 

E-mail: eeckhart@logs.com 

20-323796 

Case 20-13104-PDR Doc 28 Filed 05/26/20 Page 3 of 3