UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

In re: CASE NO.: 21-16185-BKC-AJC

Chapter 7

DANAY AGUIRRE

SSN: XXX-XX-1001

 Debtor. /

JOEL L. TABAS, TRUSTEE’S NOTICE OF DEFAULT AND

MOTION FOR ENTRY OF ORDER REVOKING DEBTOR’S DISCHARGE

Joel L. Tabas, as Chapter 7 Trustee of the bankruptcy estate of Danay Aguirre (the 

"Trustee"), through counsel, files this Notice of Default and Motion for Entry of Order Revoking

Debtor’s Discharge (the “Motion”), and in support thereof states as follows:

1. On June 25, 2021, Danay Aguirre (the “Debtor”), filed a voluntary petition under 

Chapter 7 of the United States Bankruptcy Code. Shortly thereafter, the Trustee was 

appointed Chapter 7 Trustee of the Debtor’s bankruptcy estate. 

2. On October 7, 2021, the Trustee filed his Motion to Approve Stipulation for 

Compromise and Settlement Regarding Valuation and Repurchase of Debtor’s Non-Exempt 

Assets [ECF 27] (the “Settlement Motion”). 

3. As set forth in the settlement agreement attached as Exhibit “A” to the 

Settlement Motion (the “Settlement Agreement”), the Trustee and the Debtor agreed to 

compromise the valuation of repurchase of the non-exempt interest in the Debtor’s Personal 

Property (as defined in the Settlement Agreement) for $6,000.00 (the Settlement Amount”). 

4. Additionally, the Trustee and the Debtor agreed that Settlement Amount shall 

be paid by the Debtor as follows: (i) an initial payment in the amount of $1,000.00 due on or 

before October 31, 2021; followed by (ii) ten (10) consecutive monthly installments of $500.00 

each month, with the first payment in this amount to be made on or before November 15, 

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2021, and each subsequent payment due on the same day each month thereafter until the 

Settlement Amount is paid in full by August 15, 2022.

5. On November 3, 2021, the Court entered an Order granting the Settlement 

Motion, which approved the terms and conditions set forth in the Settlement Agreement [ECF 

28] (the “Settlement Order”).

6. On November 5, 2021, this Court entered an Order granting the Debtor a 

discharge under 11 U.S.C. § 727 [ECF 30].

7. Since then, the Debtor has failed to make timely payments and has only paid 

a total of $300.00 towards the Settlement Amount. As a result, the Debtor is currently in 

default by $1,700.00.

8. On December 5, 2021, the Trustee, through undersigned counsel, notified 

Debtor’s counsel of the default and requested the Debtor cure the default on or before 

December 15, 2021. A true and correct copy of the Trustee’s request for compliance is 

attached hereto as Exhibit “A.”

9. However, despite the Trustee’s efforts to resolve this matter without court 

intervention, the Debtor has failed to cure the default. Further, the Debtor has not provided 

any indication of when the default could be cured by, and thus, the Trustee has no other 

option but to proceed with this Motion. 

10. Pursuant to ¶ 12 of the Settlement Agreement:

[i]n the event that the Debtor fails to comply with the terms of [the

Settlement Agreement]...the Trustee may file a Notice of Default 

and submit an Order to the Court revoking the Debtor’s 

discharge. Pursuant to...the provisions of 11 U.S.C. 

§727(a)(10), the Debtor agrees to waive any procedural 

requirements prior to the entry of an order revoking discharge. 

However, the Debtor’s discharge will not be revoked without a 

hearing. 

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8. Accordingly, the Trustee seeks an Order revoking the Debtor’s discharge for 

failure to comply with the lawful order of the Court (i.e., the Settlement Order) and as agreed 

to in the Settlement Agreement pursuant to 11 U.S.C. §§ 727(a)(6)(A) and (10).

WHEREFORE, Joel L. Tabas, as Chapter 7 Trustee of the bankruptcy estate of Danay 

Aguirre, respectfully requests that the Court enter an Order: (1) granting the instant Motion; 

(2) revoking the Debtor’s discharge for failure to comply with the lawful order of the Court; 

and (3) granting such other and further relief as the Court deems just and proper.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on December 27, 2021, a true and correct copy of the 

foregoing was served via electronic transmission to the parties who are currently on the list 

to receive e-mail notice/service for this case, and via U.S. Mail to the Debtor:

Danay Aguirre

1029 NW 3th Street #202

Miami, FL 33128

Respectfully submitted

/s/ Joshua D. Silver

Joshua D. Silver

Florida Bar No. 100022

Tabas & Soloff, P.A.

Attorneys for the Chapter 7 Trustee

25 S.E. 2nd Avenue, Suite 248

Miami, Florida 33131

Telephone: (305) 375-8171

Facsimile: (305) 381-7708

jsilver@tabassoloff.com

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Joshua D. Silver

From: Joshua D. Silver

Sent: Sunday, December 5, 2021 11:22 AM

To: robertsanchez7@mac.com

Cc: 'court@bankruptcyclinic.com'; 'Jennifer Graham (jgraham@bankruptcyclinic.com)'; Natally Valle

Subject: Danay Aguirre 21-16185

Importance: High

Robert,

The above referenced Debtor has defaulted on her settlement obligations.   

  

Pursuant to the stipulation agreement between the Debtor and the Trustee, and the Court order approving same [ECF

28], the Debtor agreed to pay $6,000 as follows: (i) an initial payment in the amount of $1,000 on or before October 31,

2021; followed by (ii) ten consecutive monthly payments of $500 starting on November 15, 2021, and each

subsequent payment due on the same day each month thereafter until the settlement amount is paid in full by

August 15, 2022.   

The Debtor should have paid $1,500 towards the settlement amount, to date.  However, the Debtor has failed to

make a single payment.  Meaning the Debtors is currently in default by $1,500, and on December 15, 2021, an

additional $500 will be due.   

Please instruct your client to deliver payment in the amount of $2,000 to the Trustee on or before December 15, 2021 to

cure the default.  If the Debtor does not pay this amount by December 15th, we’ll have to file a Notice of Default and

seek an Order revoking the Debtor’s discharge in accordance with the terms of the stipulation agreement.

  

Thank you for your anticipated prompt attention to this.  

Joshua D. Silver 

Tabas & Soloff, P.A. 

25 S.E. 2nd Avenue, Suite 248 

Miami, FL 33131 

Phone: (305) 375-8171 

Fax: (305) 381-7708 

jsilver@tabassoloff.com

www.tabassoloff.com

This transmission is intended to be delivered only to the named addressee(s) and may contain information that is confidential, 

proprietary, attorney work-product or attorney-client privileged. If this information is received by anyone other than the named 

addressee(s), the recipient should immediately notify the sender by E-MAIL and by telephone at (305) 375-8171 and obtain instructions 

as to the disposal of the transmitted material. In no event shall this material be read, used, copied, reproduced, stored or retained by 

anyone other than the named addressee(s), except with the express consent of the sender and the named addressee(s). Thank you.

EXHIBIT "A"

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