UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

www.flsb.uscourts.gov

IN RE: Case No. 20-19203-RAM

Raul Espinosa 

a/k/a Raul Espinosa Nodarse

Chapter 13 

Debtor. /

OBJECTION TO CONFIRMATION OF DEBTOR’S 

THIRD AMENDED CHAPTER 13 PLAN OF REORGANIZATION

Comes now, Ally Bank, by and through its undersigned attorney and hereby files its 

objection to confirmation of Debtor’s Third Amended Chapter 13 plan of reorganization (Doc. 

No. 30) and states as follows: 

1. Debtor filed this case on August 26, 2020 when Debtor filed a voluntary petition 

under Chapter 13 of the Bankruptcy Code. 

2. On August 31, 2020, Ally Bank filed claim 4-1 which listed a secured total claim 

of $14,376.76 for collateral, 2013 BMW 3 Series Automobile, VIN: WBADX7C55DE746379 

herein after referred to as the “subject vehicle”. 

3. The value of the subject vehicle is $18,350.00 per the NADA clean retail value. 

See Exhibit “A”. 

4. On October 9, 2020, Debtor filed its Third Amended Chapter 13 plan which 

continues to propose valuing the subject vehicle in the amount of $9,000.00 with an interest rate 

of 3.25%. The total payment paid in the plan were listed as $9,763.20 with monthly payments of 

$162.72 for months 1 through 60. 

Case 20-19203-RAM Doc 32 Filed 10/15/20 Page 1 of 3
5. Ally Bank objects to confirmation of Debtor’s Third Amended Chapter 13 plan 

due to the fact that the proposed plan does not pay Claimant the replacement value of its 

collateral as the claim should be deemed fully secured at $14,376.76 and should be repaid at 

contractual interest rate of 6.84% as reflected on claim 4-1. 

Wherefore, Ally Bank requests this Court deny confirmation of Debtor’s Third Amended 

Chapter 13 plan of reorganization for the reasons set forth in this objection. 

/s/Steven G. Powrozek 

Steven G. Powrozek 

FL Bar # 0316120 

Shapiro, Fishman & Gaché, LLP 

Attorney for Secured Creditor 

4630 Woodland Corporate Blvd. 

Suite 100 

Tampa, FL 33614 

Telephone: 813-367-5813 

Fax: (813) 880-8800 

E-mail: spowrozek@logs.com 

CERTIFICATE OF SERVICE 

I hereby certify that I am admitted to the Bar of the United States District Court of the 

Southern District of Florida and I am in compliance with the additional qualifications to practice 

in the Court as set forth in Local Rule 2090-1(A). 

I hereby certify that a true and correct copy of the foregoing objection to confirmation of 

Thrid Amended Chapter 13 plan of Reorganization was furnished via First Class U.S. Mail or via 

CM/ECF electronic filing on this 15th day of October 2020, to the following: 

Raul Espinosa, 1535 W. 3rd Avenue, Hialeah, FL 33010 

Robert Sanchez, Esq., 355 West 49th Street, Hialeah, FL 33012 

Nancy K. Neidich, POB 279806, Miramar, FL 33027 

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

/s/Steven G. Powrozek 

Steven G. Powrozek 

FL Bar # 0316120 

Case 20-19203-RAM Doc 32 Filed 10/15/20 Page 2 of 3
Shapiro, Fishman & Gaché, LLP 

Attorney for Secured Creditor 

4630 Woodland Corporate Blvd. 

Suite 100 

Tampa, FL 33614 

Telephone: 813-367-5813 

Fax: (813) 880-8800 

E-mail: spowrozek@logs.com 

20-324198 

Case 20-19203-RAM Doc 32 Filed 10/15/20 Page 3 of 3