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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

In re:

CARMEN M. TAMAYO, Case No. 20-15625-RAM

Debtor.

/ Chapter 7

SBC-Ops, LLC, Chapter 7 Creditor,

Plaintiff,

v. Adv. Pro. No. 20-01344-RAM

CARMEN M. TAMAYO,

Defendant.

/

AGREED FINAL JUDGMENT OF NON-DISCHARGEABILITY

This AGREED FINAL JUDGMENT OF NON-DISCHARGEABILITY (the 

“Judgment”) is based upon agreements of the parties, effective as of entry hereof, by and between Debtor, 

Carmen M. Tamayo (“TAMAYO” or “Debtor”) and SBC-Ops (the “Creditor” or “SBC”, and 

collectively with the Debtor, the “Parties”). 

On May 22, 2020, the DEBTOR filed a Chapter 7 bankruptcy case (Case no. 20-15625-RAM) in 

the Southern District of Florida (Miami Division). 

Robert A. Mark, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on September 2, 2020.

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WHEREAS, on or about August 29, 2020, Creditor filed an adversary proceeding under 11 U.S.C. 

§523(a)(2)(B), (a)(4), and (a)(6), (Case no. 20-01344-RAM) against the DEBTOR. 

Rather than proceed with litigation concerning the Adversary Proceeding, the Parties engaged in 

good faith, arms’ length negotiations to resolve the foregoing in its entirety.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, ORDERED AND 

ADJUDGED THAT JUDGMENT be entered as follows:

1. TAMAYO consents to the jurisdiction of this Court to enter a final judgment of nondischargeability against him in this proceeding with respect to the Complaint (“Complaint”) filed in the 

Adversary case number 20-01344-RAM and the Claims in the Complaint, to the extent that same seeks 

the non-dischargeability of the Claims.

2. An Agreed Final Judgment of Non-Dischargeability is hereby entered in favor of SBC, 

1450 NW 87TH AVE., Suite 210, Doral, FL 33172, in the amount of thirty thousand dollars ($30,000.00) 

(the “Judgment Debt”) which shall bear interest from the date of the judgment at the statutory rate per 

annum, for which sum let execution issue forthwith.

3. The Judgment Debt is hereby adjudicated to be non-dischargeable pursuant to Bankruptcy 

Code, 11 U.S.C. §523(a)(2)(B), (a)(4), and (a)(6), and based upon the facts alleged in the Complaint.

4. The Bankruptcy Court shall have exclusive jurisdiction over any action to enforce this 

Judgment, or any provision thereof.

5. Creditor and Debtor have entered into a Settlement Agreement and Release which indicates 

re-payment terms by the Debtor to the Creditor of the Judgment Debt. Creditor agrees to withhold 

execution of the Agreed Final Judgment of Non-Dischargability so long as the Debtor complies under the 

Settlement Agreement and Release. 

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6. The undersigned represent that the respective parties have obtained the advice of counsel 

and are consenting and agreeing to all of the terms of this Judgment freely and voluntarily.

7. The Clerk of Court shall enter this Judgment promptly on the docket of the Court.

AGREED AND CONSENTED TO:

/s/ Carmen M. Tamayo

Carmen M. Tamayo, Defendant Debtor

AGREED AND CONSENTED TO FORM 

AND SUBSTANCE:

/s/ Kristina Gonzalez /s/ Jennifer C. Pratt

KRISTINA GONZALEZ, ESQ. JENNIFER C. PRATT, ESQ.

Kingcade, Garcia, & McMaken, P.A PraDa Law

1370 Coral Way 1450 NW 87th Ave., Suite 210

Miami, Florida 33145 Doral, FL 33172

KGP@miamibankruptcy.com jcpratt@prada.law

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