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 MOTION TO VALUE AND DETERMINE 

SECURED STATUS OF LIEN ON PERSONAL PROPERTY

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

Objection to Motion to Value and Determine Secured Status of Lien on Personal Property (Doc. 

No. 33) 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. On October 23, 2020, Debtor filed its Motion to Value and Determine Secured 

Status of Lien on Personal Property (Doc. No. 33) proposing to value the subject vehicle at the 

amount of $9,000.00 with an interest rate of 3.25%. 

4. On October 30, 2020, Debtor filed its Fifth 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 53 Filed 12/04/20 Page 1 of 3
5. The value of the subject vehicle is $18,350.00 per the NADA clean retail value. 

See Exhibit “A”. 

6. Ally Bank objects to the Debtor’s Motion to Value and Determine Secured Status 

of Lien on Personal Property (Doc. No. 33) due to the fact that it 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 prays that this Honorable Court deny the Debtor’s Motion to Value 

and Determine Secured Status of Lien on Personal Property. 

/s/Steven G. Powrozek 

Steven G. Powrozek 

FL Bar 0316120 

Shapiro, Fishman & Gaché, LLP 

Attorney for Secured Creditor 

4630 Woodland Corporate Boulevard 

Suite 100 

Tampa, FL 33614 

Telephone: 813-367-5813 

Fax: (813) 880-8800 

E-mail: logsecf@logs.com

Case 20-19203-RAM Doc 53 Filed 12/04/20 Page 2 of 3
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). 

The undersigned certifies that on 4th day of December, 2020, a copy of the foregoing was 

caused to be served via CM/ECF electronic filing or via First Class U.S. Mail upon the 

following: 

Raul Espinosa 

1535 W 3rd Avenue 

Hialeah, FL 33010-3009 

Robert Sanchez 

355 W 49 St. 

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 

Shapiro, Fishman & Gaché, LLP 

Attorney for Secured Creditor 

4630 Woodland Corporate Boulevard 

Suite 100 

Tampa, FL 33614 

Telephone: 813-367-5813 

Fax: (813) 880-8800 

E-mail: logsecf@logs.com

20-324198 

Case 20-19203-RAM Doc 53 Filed 12/04/20 Page 3 of 3