IN THE UNITED STATES BANKRUPTCY COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

In re:

BLANCHY HERNANDEZ CASE NO. 21-16716-LMI

CHAPTER 13

Debtor.

_______________________________/

MOTION FOR RECONSIDERATION OF 

ORDER SUSTAINING OBJECTION TO CLAIM NUMBER 3-1 

Wollemi Acquisitions, LLC (“Movant”) (“Movant”) seeks reconsideration of the Order 

Sustaining Objection to Claim Number 3-1 (Doc. No. 32), pursuant to Section 502(j), Federal Rule 

of Bankruptcy Procedure 3008 and Federal Rule of Civil Procedure 60(b), as incorporated by 

Federal Rule of Bankruptcy Procedure 9024, and states:

1. Creditor filed Proof of Claim Number 3-1 (“Claim”) in the total amount of 

$10,875.00 as to its interest in the following vehicle: 2013 Honda Civic Coupe 2D EX I4; 

VIN: 2HGFG3B83DH519590 (“Vehicle”).

2. As indicated on the Title and Bill of Sale attached to the Claim, Movant is the 

lienholder on the Vehicle.

3. On August 26, 2021, Debtor filed an Objection to the Claim (Doc. No. 26) alleging 

that the Vehicle was repossessed pre-petition and therefore the Claim should be stricken and 

disallowed.

4. Movant, however, was not and is not currently in possession of the Vehicle and 

asserts it has no record of it being repossessed. 

5. An Order Sustaining Objection to Claim Number 3-1 (“Order”) was entered on 

September 17, 2021 (Doc. No. 32) disallowing the Claim. 

Case 21-16716-LMI Doc 41 Filed 10/08/21 Page 1 of 3
6. Federal Rule of Bankruptcy Procedure 3008 permits a party in interest to move for 

reconsideration of an order disallowing a claim. 

7. In addition, 11 U.S.C. §502(j) permits a disallowed claim to be reconsidered for 

cause, according to the equities of the case. 

8. Movant contend that equity permits a reconsideration of the Claim. 

9. The reason Movant did not file a timely response to Debtor’s Objection was 

because of a temporary issue in routing the Objection to the appropriate litigation department. 

10. Movant contends that the above amounts to excusable neglect.

11. In determining the existence of “excusable neglect” the Supreme Court noted that 

the test is “at bottom an equitable one, taking account of all relevant circumstances surrounding a 

party's omission.” In re Weinraub, 351 B.R. 779, 781 (Bankr. S.D. Fla. 2006), citing, Pioneer Inv. 

Serv. Co. v. Brunswick Assoc. Ltd. P'ship, 507 U.S. 380, 395 (1993) (“The Supreme Court then 

adopted a four-factor test, which consists of: (i) prejudice to the Debtor; (ii) length of the delay 

and its potential impact on judicial proceedings; (iii) the reason for the delay; and (iv) whether the 

movant acted in good faith.”). Movant asserts it satisfies each of the Pioneer factors. 

12. The equities here favor reconsideration, as the Plan has not yet been confirmed and 

reconsideration would have little to no impact on the judicial proceedings and there is no prejudice 

to the Debtor.

13. Moreover, presumably, the Debtor does not intend to treat Movant inside of the 

Plan. 

14. Accordingly, Movant only seeks reconsideration to reaffirm its secured interest in 

the Vehicle and allow the Claim as filed without distribution to preserve the same. 

Case 21-16716-LMI Doc 41 Filed 10/08/21 Page 2 of 3
WHEREFORE, Movant respectfully requests the Court reconsider the Order Sustaining 

Objection to Claim Number 3-1, allow the Claim without distribution and for such other and 

further relief as the Court deems appropriate.

/s/ Gavin N. Stewart

Gavin N. Stewart, Esquire

Florida Bar Number 52899

P.O. Box 5703

Clearwater, FL 33758

P: (727) 565-2653

F: (727) 213-9022

E: bk@stewartlegalgroup.com

Counsel for Movant

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was served by CM/ECF notice 

and first-class mail this 8th day of October 2021. 

/s/ Gavin N. Stewart

Gavin N. Stewart, Esquire

VIA FIRST-CLASS MAIL

Blanchy Hernandez 

10007 SW 23rd Terrace 

Miami, FL 33165 

VIA CM/ECF NOTICE

Patrick L. Cordero, Esq 

7333 Coral Way 

Miami, FL 33155 

Nancy K. Neidich 

POB 279806 

Miramar, FL 33027 

U.S. Trustee

Office of the US Trustee 

51 S.W. 1st Ave. 

Suite 1204 

Miami, FL 33130

Case 21-16716-LMI Doc 41 Filed 10/08/21 Page 3 of 3