UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FT. LAUDERDALE DIVISION

www.flsb.uscourts.gov

In re: : CASE NO. 21-13270-PDR

Joan Delisser, :

: CHAPTER 11

Debtor. /

UNITED STATES TRUSTEE’S EXPEDITED MOTION 

TO DISMISS OR CONVERT CASE

Nancy J. Gargula, United States Trustee for Region 21, pursuant to 11 U.S.C. § 1112(b),

respectfully moves this Court to enter an order dismissing or converting this chapter 11 case and 

in support respectfully states as follows:

1. Joan Delisser (the “Debtor”) filed a voluntary petition under Chapter 11 of the U.S. 

Bankruptcy Code on April 5, 2021.

2. The Debtor’s Bankruptcy Schedules list three parcels of residential real property,

two located in New York state and the third in Miramar, Florida (the “Properties”). 

3. The Debtor’s Statement of Financial Affairs lists three foreclosure actions, two in 

Florida and one in New York. The Statement of Financial Affairs does not indicate which

properties the foreclosure actions pertain to. 

4. On April 7, 2021, the Office of the United States Trustee sent the Debtor, through 

its counsel, email correspondence scheduling an Initial Debtor Interview for April 14, 2021 at

10:30 a.m., and requesting certain information in accordance with the United States Trustee 

Operating Guidelines and Reporting Requirements, including proof of insurance for the Property

(the “Guidelines”) to be provided no later than April 19, 2021.

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5. On the morning of the scheduled Initial Debtor Interview, the Debtor had not

provided any of the Guideline documents or proof of insurance. 

6. On May 7th, 2021, the Office of the United States Trustee sent the Debtor, through 

its counsel, email correspondence reminding the Debtor that the UST Guideline documents and 

particularly the insurance documents for all three Properties remained outstanding. The Office of 

the United States Trustee gave a furthered deadline of May 12, 2021, to comply. The United States 

Trustee did not receive a response from Debtor’s counsel.

7. On May 12, 2021, the Office of the United States Trustee for the third time sent the 

Debtor, through its counsel email notice that no Guideline documents or proof of insurance had 

been received. Debtor’s counsel replied stating for the first time that all three Properties had force

placed insurance and the Debtor needed a copy of the force placed insurance to obtain general 

liability insurance. Undesigned counsel informed the Debtor that this was not acceptable, and that 

force placed insurance only protects the lender and not the estate. The Debtor was allowed yet 

another extension of time, May 17, 2021, to provide the insurance and Guideline documents. 

8. On the afternoon of May 17, 2021, Debtor’s counsel emailed undersigned 

requesting yet another extension of the deadline to produce documents and provide insurance.

The United States Trustee responded by filing the instant motion.

9. The Debtor has not provided proof of insurance for the Properties or provided the 

United States Trustee with all of the Guideline documents requested.

10. Pursuant to 11 U.S.C. § 1112(b)(4)(C), failure to maintain appropriate insurance 

that poses a risk to the estate or to the public is sufficient grounds to convert or dismiss the case.

11. Pursuant to 11 U.S.C. § 1112(b)(4)(H), failure to timely provide information or 

attend meetings reasonably requested by the United States Trustee is sufficient grounds to convert 

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or dismiss this case.

12. The foregoing factors are indicative of the Debtor’s inability to manage its affairs 

and effectively maneuver through the reorganization process. There appears an absence of a

reasonable likelihood of rehabilitation and an unlikely ability to effectuate a plan, and therefore,

it is in the best interest of creditors and the estate that this case be converted or dismissed pursuant 

to 11 U.S.C. § 1112(b).

WHEREFORE, the United States Trustee respectfully the entry of an order dismissing or 

converting this case, and for any other and further relief that this Court deems just and proper.

I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court for the Southern District 

of Florida and that I am in compliance with all additional qualifications to practice before this Court as set forth in Local 

Rule 2090-1(A).

Dated: May 18, 2021. NANCY J. GARGULA

United States Trustee

 By: /s/ Adisley M. Cortez-Rodriguez

Adisley M. Cortez-Rodriguez Esq. 

Florida Bar No. 0091727

Office of the United States Trustee

51 S.W. First Avenue Suite 1204

Miami, FL 33130

Tel: (305) 536.666; (202) 567-1574

Adisley.M.Cortez-Rodriguez@usdoj.gov

CERTIFICATE OF SERVICE

I HEREBY CERTIFY on May 18, 2021, a true and correct copy of foregoing was 

electronically filed with the Court using the CM/ECF system, which sent notification and was 

electronically served on all parties in interest participating in the CM/ECF system:

• Mark S. Roher, Esq.mroher@markroherlaw.com; ECF2.markroherlaw@gmail.com

• Steven G. Powrozek, Esq. spowrozek@logs.com

• Gregg S. Ahrens, Esq. gahrens@kahaneandassociates.com

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Via First class mail to: 

Riviera Master Isles Association, Inc., 

150 S. Pine Island Road, Ste 540, 

Plantation, FL 33324-2667

San Marco Village HOA, c/o Popular Community Bank, 

PO Box 154150, 

Miami, FL 33101

Select Portfolio Servicing, 

PO Box 65250, 

Salt Lake City, UT 84165-0250

Stacy Walker

1475 SW 157th Ave., 

Miramar, FL 33027-2383

 

By: /s/ Adisley M. Cortez-Rodriguez

Adisley M. Cortez-Rodriguez Esq. 

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