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UNITED STATES BANKRUPTCY COURT 

FOR THE SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

IN RE: : CHAPTER 11 

 : 

PAULO SANTANTA and : CASE NO. 21-11861-EPK 

JENNIFER SANTANA, : 

Debtor. : 

UNITED STATES TRUSTEE'S OBJECTIONS TO 

DEBTOR’S DISCLOSURE STATEMENT (ECF #43) 

The United States Trustee for Region 21, in furtherance of the administrative 

responsibilities imposed pursuant to 28 U.S.C. §586(a), submits the following objections to the 

disclosure statement and proposed plan filed by the Debtors in the above-styled Chapter 11 

proceeding. 

Title 11 of the United States Bankruptcy Code §1125(b) requires the Bankruptcy Court 

to specifically find the disclosure statement contains "adequate information" before a party in 

interest is allowed to solicit its Plan of Reorganization to creditors. Section 1125(a)(1) defines the 

term "adequate information" as meaning "information of a kind, and in sufficient detail . . . , that 

would enable a hypothetical reasonable investor typical of holders of claims or interests of the 

relevant class to make an informed judgment about the plan . . . " 

In the absence of amendments to deal with such matters as is noted below, the United States 

Trustee moves the Court to not approve the proposed Disclosure Statement “as containing 

adequate information.” 

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OBJECTIONS 

1. The disclosure statement fails to indicate whether the Mr. Santana’s business is operated 

through one of the LLCs listed on the schedules (Santana Stables, LLC or Santana Equestrian 

Private Financial LLC). 

2. The disclosure statement fails to provide sufficient information regarding the litigation related 

to the sale of a horse that occurred post-petition. If this litigation is impairing the Debtor’s 

ability to recover post-COVID1

, more information should be disclosed and projections should 

be included. 

3. To the extent Mrs. Santana’s family is providing funds to assist with the plan payments, more 

detail regarding the amount of assistance and ability to fund need to be provided. 

4. The disclosure statement indicates the Debtors have no priority claims however, the Internal 

Revenue Service filed amended proof of claim 17-2 reflecting a secured claim of $515,719.94 

and a priority claim in the amount of $4,337.95. 

5. The disclosure statement fails to explain why the Debtors believe the Internal Revenue 

Service’s claim 8 is secured only to $13,100.80. Has the Service agreed to such valuation? 

The U.S. Trustee notes that, on August 26, 2021, the Debtors filed a Motion to Value and 

Determine Status of Lien of IRS (ECF #41) and a hearing is set for October 6, 2021. The 

disclosure statement should be updated to reflect the outcome of this hearing, 

6. The disclosure statement does not address claim 18 filed by Financial Pacific Leasing in the 

amount of $79,510.20. 

7. The General Unsecured Claims listed on page 5 do not include several unsecured claims listed 

on the Debtors’ schedule E/F: 

a. Barclays $40,866 

1 See Page 3 of the disclosure statement related to the  “History of the Debtors.”

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b. Barclays $2,205 

c. Capital One $901 

d. Citibank $39,282 

e. Citibank $10,815 

f. Comenity $444 

g. GS Bank USA $5,131 

h. Nordstrom’s Visa $8,579 

i. Regions Bank $24,550 

j. Target $3,280 

8. The disclosure statement and plan should include corrected language regarding the filing of 

monthly reports and post-confirmation reports and the payment of U.S. Trustee’s fees. 

9. The U.S. Trustee submits that Class 1 is impaired and entitled to vote to accept or reject the 

plan. 

10. The disclosure statement should explain why the treatment of Class 2 complies with 11 U.S.C. 

§ 1129(a)(9)(D). 

11. The disclosure statement and plan contain incorrect language regarding the Debtors’ discharge. 

12. The disclosure statement fails to attach projections establishing the Debtors’ ability to fund the 

proposed payments (including support payments made by family members). 

13. The disclosure statement fails to contain sufficient information and projections relevant to the 

creditors’ decision to accept or reject the proposed plan. 

WHEREFORE, the United States Trustee shows the disclosure statement does not contain 

adequate information as required by 11 U.S.C. §1125, which would permit a party in interest to 

reach an informed judgment concerning the plan and moves the Court to enter an order denying 

approval of the disclosure statement, unless the necessary changes are made to correct the 

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deficiencies set forth above, and requests to be heard at a hearing on this matter. See generally, 

In re: Metrocraft Publishing Services, Inc., 39 B.R. 567 (Bankr. N.D.Ga. 1984). 

MARY IDA TOWNSON 

United States Trustee 

___/s/__________________________ 

HEIDI A. FEINMAN 

Trial Attorney 

Florida Bar No. 0879460 

Office of the U.S. Trustee 

51 SW First Street, Room 1204 

Miami, FL 33130 

(305) 536-7285 

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CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the UNITED STATES TRUSTEE'S 

OBJECTIONS TO DEBTOR’S DISCLOSURE STATEMENT (ECF #43) was electronically 

filed with the Court using the CM/ECF system, which sent notification to all parties of interest 

and via U.S Mail, First Class to the following parties. 

April Harriott aharriott@raslg.com 

David Himelfarb dhimelfarb@mccarter.com 

Keith S Labell klabell@raslg.com, klabell@raslg.com 

Susan D. Lasky ECF@suelasky.com, ecfsuelasky@gmail.com; r48532@notify.bestcase.com 

Gary J Lublin arivera@rushmarshall.com 

Gavin N Stewart bk@stewartlegalgroup.com 

Raychelle A Tasher Raychelle.Tasher@usdoj.gov, Milton.Pacheco@usdoj.gov; 

Shannon.Patterson@usdoj.gov 

BMW Financial Services NA, LLC, c/o AIS Portfolio Services, LP 

4515 N Santa Fe Ave. Dept. APS 

Oklahoma City, OK 73118 

Synchrony Bank 

PRA Receivables Management, LLC 

PO Box 41021 

Norfolk, VA 23541 

 

 

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

Florida and the I am in compliance with the additional qualifications to practice in this court as set forth in Local 

Rule 2090-1(A). 

DONE this the 30th day of Septmber, 2021. 

_____/s/____________________ 

HEIDI A. FEINMAN 

Trial Attorney 

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