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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

Miami Division

In re: Case No. 20-11043-RAM

GEORGE DE ARMAS, Chapter 13

Debtor.

______________________/

MOTION TO DISMISS CHAPTER 13 CASE 

PURSUANT TO 11 U.S.C. § 109(e)

Creditor, Casa Financial Holdings, LLC. (the “Creditor”), by and 

through its undersigned attorney moves to dismiss the above case 

pursuant to 11 U.S.C. § 109(e), and states:

1. Creditor holds a final judgment against the Debtor, dated 

November 4, 2019, in the amount of $636,569.40, with post judgment 

interest accruing thereon. Creditor has filed its claim in this matter with 

supporting documentation.

2. Though the Debtor has yet to file her schedules, it is clear 

and unequivocal that the Creditor’s claim is noncontingent, liquidated, 

unsecured and significantly greater than the thresholds provided by 11 

U.S.C. § 109(e). 

3. Specifically, 11 U.S.C. § 109(e), entitled “Who may be a 

debtor,” provides in pertinent part that:

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Only an individual with regular income that owes, on 

the date of the filing of the petition, noncontingent, 

liquidated, unsecured debts of less than $419,275

and noncontingent, liquidated, secured debts of less 

than $1,257,850 or an individual with regular income 

and such individual's spouse, except a stockbroker 

or a commodity broker, that owe, on the date of the 

filing of the petition, noncontingent, liquidated, 

unsecured debts that aggregate less than $419,275

and noncontingent, liquidated, secured debts of less 

than $1,257,850 may be a debtor under chapter 13 

of this title.

4. Generally, “[t]he eligibility criteria set forth in § 109(e) are 

specific and restrictive, with monetary amounts established to govern 

eligibility so as to ensure that those persons for whose benefit the 

chapter is directed are those who employ its provisions.” Alan N. 

Resnick and Henry J. Sommer, 2 Collier on Bankruptcy ¶ 109.06[1] 

(16th ed. 2013) at 109–37. Thus, “the eligibility limits of Section 109(e) 

should be strictly construed.” In re Rios, 476 B.R. 685, 688 

(Bankr.D.Mass.2012), citing In re Soderlund, 236 B.R. 271, 274 (9th 

Cir. BAP 1999). See also In re Marchetto, 24 B.R. 967, 969 (1st 

Cir.BAP 1982) (“[t]he provisions of Section 109(e) have consistently 

been strictly interpreted”), citing In re Cronkleton, 18 B.R. 792, 793 

(Bankr.S.D.Ohio 1982). Based upon Creditor’s judgment alone, the 

Debtor clearly falls outside the debt limits set for in Section 109(e) and 

is therefore ineligible to be a Debtor in a chapter 13 proceeding.

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WHEREFORE, it is respectfully requested that Debtor’s counsel 

be sanctioned accordingly. 

I HEREBY CERTIFY that I am admitted to the Bar of the United 

States Bankruptcy Court for the Southern District of Florida, and that I 

am in compliance with the additional qualifications to practice in this 

Court set forth in Local Rule 2090-1(A) and that a true and correct copy 

of the foregoing was furnished by United States mail to all parties on 

the attached Service List and electronically filed with the Clerk of Court 

by using the CM/ECF system which will send a notice of electronic filing 

to all parties and counsel identified on the CM/ECF service list 

maintained by the Court in this case on February 6, 2020. 

Respectfully submitted,

RONIEL RODRIGUEZ IV, P.A.

20533 Biscayne Blvd., #1243

Aventura, Florida 33180

305-773-4875 Dade/Direct

By: /s/ Roniel Rodriguez 

Roniel Rodriguez IV

Florida Bar No.: 544787

E-mail: Ron@RJRfirm.com

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Service List:

United States Mail:

George De Armas 

2451 Brickell Ave #19-R 

Miami, FL 33129

Via ECF:

Nancy K. Neidich e2c8f01@ch13miami.com ecf2@ch13miami.com

Office of the US Trustee USTPRegion21.MM.ECF@usdoj.gov

Timothy S Kingcade, Esq on behalf of Debtor; 

scanner@miamibankruptcy.com, kingcadeserve@bellsouth.net; 

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