UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

In re:

Case No.: 20-22409-PDR

DARD DEFRAND,

Debtor. Chapter 13

_____________________________/

MOTION TO APPROVE STIPULATION TO COMPROMISE CONTROVERSY 

Dard DeFrand (the “Debtor”), through undersigned counsel, files his Motion to Approve 

Stipulation to Compromise Controversy Between the Debtor and Nationwide Judgment Recovery, 

Inc. (“NJR”), and states:

1. The Debtor filed this voluntary chapter 13 proceeding on November 12, 2020 [ECF 

1]. The Debtor’s second amended chapter 13 plan was confirmed on January 20, 2021 [ECF 29]. 

NJR is receiving payments under the Debtor’s second amended chapter 13 plan.

2. On February 11, 2021, NJR filed Adv. Case No. 21-01047-PDR against the Debtor 

to deny the dischargeability of a final judgment for approximately $33,327.43 held by NJR against 

the Debtor.

3. The Debtor and NJR have settled the matters between them in Adv. Case No. 21-

01047-PDR. A copy of their Stipulation is attached as Exhibit “A,” and everyone should read it in 

case there is any inadvertent inconsistency with its summary herein, and to ensure that no one has 

misunderstood because the terms of the Stipulation attached control, not what this motion states 

about the stipulation.

4. The Debtor shall amend his chapter 13 plan so that NJR receives a total of $10,000 in 

payment by its completion. If NJR does not receive payments totaling $10,000 by the completion of 

the Debtor’s chapter 13 plan, then NJR shall be entitled to receive a non-dischargeable judgment in 

its favor against the Debtor for the sum of $10,000, less any payments received in the Debtor’s 

chapter 13 case. If NJR receives payments totaling $10,000 by the end of the Debtor’s chapter 13 

plan, then NJR shall provide a satisfaction of judgment to the Debtor.

5. The legal principles to be applied in evaluating a proposed settlement have been 

enunciated upon within the Southern District of Florida in In re Arrow Air, Inc., 85 B.R. 886 (Bankr. 

S.D. Fla. 1988). The appropriate test is “whether the compromise falls below the lowest point in the 

Case 20-22409-PDR Doc 52 Filed 01/25/22 Page 1 of 11
range of reasonableness.” Id. at 891 (citing In re Teltronics Serv., Inc., 762 F.2d 185, 189 (2nd Cir. 

1985); In re W.T. Grant Co.y, 699 F.2d 599, 608 (2nd Cir. 1983)

6. The Eleventh Circuit provides that when a bankruptcy court decides whether to 

approve or disapprove a settlement, it must consider:

i. the probability of success in the litigation;

ii. the difficulties, if any, to be encountered in the matter of collection;

iii. the complexity of the litigation involved, and the expense, inconvenience and delay 

necessarily attending it; and

iv. the paramount interest of the creditors and a proper deference to their reasonable view 

in the premises. 

In re Justice Oaks II, Ltd., 898 F.2d 1544 (11th Cir. 1990). 

7. The Debtor believes that this Stipulation more than complies with the legal principles 

relied upon within these authorities. The settlement is reasonable and lets the Debtor obtain a 

discharge of the NJR obligation upon a reduced payment and other creditors will not be affected. 

The Debtor believes that this settlement is in the best interests of creditors of the estate and meets 

the applicable legal standards. Pursuant to the Stipulation, the Court shall retain jurisdiction to 

enforce the Stipulation as may be necessary. The proposed Order is attached as Exhibit “B.”

WHEREFORE the Debtor Dard DeFrand prays this Honorable Court will grant his Motion 

to Approve Stipulation to Compromise Controversy Between the Debtor and Nationwide Judgment 

Recovery, Inc., will enter an order approving the Stipulation to Compromise Controversy, and for 

such other and further relief as the Court deems just and proper. 

CERTIFICATE OF SERVICE

I certify that a true copy of the foregoing was served on 1/25/2022 via CM-ECF e- mail

on the parties listed below and on 1/25/2022 by U.S. Mail on the parties listed on the attached 

creditor matrix: 

20-22409-PDR Notice electronically mailed to:

Clare A. Casas, Esq. on behalf of Debtor Dard Defrand

clarecasas@ombankruptcy.com, 

carmen@ombankruptcy.com;clarecasas@yahoo.com;clarecasas@ecf.inforuptcy.com;ca

sascr71302@notify.bestcase.com

Case 20-22409-PDR Doc 52 Filed 01/25/22 Page 2 of 11
G Steven Fender on behalf of Creditor Nationwide Judgment Recovery, Inc.

steven.fender@fender-law.com, simone@fenderbollingpaiva.com

Tarek K Kiem on behalf of Defendant Dard Defrand

tarek@kiemlaw.com, tarek.kiem@gmail.com;G37996@notify.cincompass.com

Office of the US Trustee

USTPRegion21.MM.ECF@usdoj.gov

Corey Ohayon on behalf of Creditor Select Portfolio Servicing Inc

ecfbankruptcy@popkinrosaler.com

Martin L Sandler, Esq on behalf of Plaintiff Nationwide Judgment Recovery, Inc.

martin@sandler-sandler.com

Robin R Weiner

ecf@ch13weiner.com, ecf2@ch13weiner.com

KIEM LAW, PLLC

Attorney for Defendant Dard Defrand

8461 Lake Worth Road, Suite 114 

Lake Worth, Florida 33467

Telephone: 561-600-0406, Facsimile: 561-763-7355 

Email: tarek@kiemlaw.com

By: /s/ Tarek K. Kiem 

Tarek K. Kiem

Florida Bar No 0637041

January 25, 2022.

Case 20-22409-PDR Doc 52 Filed 01/25/22 Page 3 of 11
 Label Matrix for local noticing Nationwide Judgment Recovery, Inc. Select Portfolio Servicing Inc 

 113C-0 c/o Fender, Bolling and Paiva, P.A. c/o Corey Ohayon 

 Case 20-22409-PDR Steven Fender, Esq. 1701 W Hillsboro Blvd #400 

 Southern District of Florida P.O. Box 1545 Deerfield Beach, FL 33442-1572 

 Fort Lauderdale Ft. Lauderdale, FL 33302 United States 33302-1545 

 Tue Jan 25 16:32:20 EST 2022 

 Alliance One Corey Ohayon, Esq. Coventry One 

 1684 Woodlands Drive, Suite 15 Popkin & Rosaler, PA PO Box 31210 

 Maumee, OH 43537-4026 1701 W Hillsboro Boulevard, Suite 400 Tampa, FL 33631-3210 

 Deerfield Beach, FL 33442-1572 

 

 ER Solutions, Inc. Enhanced Recovery Corporation (p)FIRST FEDERAL CREDIT CONTROL INC 

 800 SW 39th Street 8014 Bayberry Rd 24700 CHAGRIN BLVD 

 PO Box 9004 Jacksonville, FL 32256-7412 SUITE 205 

 Renton, WA 98057-9004 BEACHWOOD OH 44122-5662 

 Internal Revenue Service (p)JEFFERSON CAPITAL SYSTEMS LLC LVNV Funding, LLC 

 P.O. Box 7346 PO BOX 7999 Resurgent Capital Services 

 Philadelphia, PA 19101-7346 SAINT CLOUD MN 56302-7999 PO Box 10587 

 Greenville, SC 29603-0587 

 Nationwide Judgment Recovery Inc. Nationwide Judgment Recovery Inc. Nationwide Judgment Recovery, Inc. 

 POB 95 c/o Cawley & Bergmann LLC c/o Becket and Lee LLP 

 Stanton, CA 90680-0095 550 Broad St. #1001 PO Box 3001 

 Newark, NJ 07102-4542 Malvern PA 19355-0701 

 Office of the US Trustee Popkin & Rosaler, PA SKO Brenner American, Inc 

 51 S.W. 1st Ave. 1701 W Hillsboro Boulevard, Suite 400 841 Merrick Road 

 Suite 1204 Deerfield Beach, FL 33442-1572 PO Box 9320 

 Miami, FL 33130-1614 Baldwin, NY 11510-9320 

 Select Portfolio Servicing Select Portfolio Servicing, Inc. Clare A. Casas Esq. 

 POB 65250 c/o Popkin & Rosaler, PA 7450 Griffin Rd #260 

 Salt Lake City, UT 84165-0250 1701 W. Hillsboro Blvd. Suite 400 Davie, FL 33314-4133 

 Deerfield Beach, FL 33442-1572 

 Dard Defrand Robin R Weiner 

 523 NW 17 Place POB 559007 

 Fort Lauderdale, FL 33311-4855 Fort Lauderdale, FL 33355-9007 

 The preferred mailing address (p) above has been substituted for the following entity/entities as so specified 

 by said entity/entities in a Notice of Address filed pursuant to 11 U.S.C. 342(f) and Fed.R.Bank.P. 2002 (g)(4). 

 First Federal Credit C Jefferson Capital Systems LLC End of Label Matrix 

 24700 Chagrin Blvd Ste 2 Po Box 7999 Mailable recipients 22 

 Cleveland, OH 44122 Saint Cloud Mn 56302-9617 Bypassed recipients 0 

 Total 22 

Case 20-22409-PDR Doc 52 Filed 01/25/22 Page 4 of 11
1

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FT. LAUDERDALE DIVISION

www.flsb.uscourts.gov

In re:

DARD DEFRAND,

Debtor.

/

Case No.: 20-22409-PDR

Chapter 13

NATIONWIDE JUDGMENT RECOVERY, INC.

Plaintiff, Adv. Case No. 21-01047-PDR

v.

DARD DEFRAND a/k/a PLUS20,

Defendant.

/

STIPULATION TO COMPROMISE CONTROVERSY

This Stipulation to Compromise Controversy (this “Stipulation”) is entered into on the date 

set forth below between Nationwide Judgment Recovery, Inc. (“NJR”) and Dard DeFrand a/k/a 

Plus20 (“DeFrand”), who is the defendant in Adv. Case No. 21-01047-PDR (the “Adversary 

Proceeding”) brought by NJR (NJR and DeFrand, collectively, the “Parties”). The Parties stipulate 

and agree:

RECITALS

WHEREAS, the DeFrand filed a voluntary chapter 13 proceeding on November 12, 2020

(the “Petition Date”).

WHEREAS, on February 12, 2021, NJR filed its Adversary Proceeding against DeFrand 

seeking a ruling that its judgment against DeFrand totaling $34,667.27 (the “Money Judgment”) 

as of the Petition Date is a non-dischargeable obligation pursuant to 11 U.S.C. § 523(a)(2)(A).

WHEREAS, DeFrand denies the allegations in the Adversary Proceeding.

WHEREAS, the Parties seek to resolve these issues amicably.

AGREEMENT

NOW, THEREFORE, in light of the foregoing, and in consideration of the mutual promises 

and covenants of the Parties contained herein, as well as other good and valuable consideration,

the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. The above recitals are true and correct and are incorporated herein.

EXHIBIT "A"

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2

2. To resolve the Adversary Proceeding, DeFrand will amend his chapter 13 plan in 

Case No. 20-22409-PDR so as to provide that NJR shall receive payments totaling $10,000. In 

the event that NJR has receives payments totaling $10,000 upon the completion of his amended 

chapter 13 plan, then NJR shall provide DeFrand with a satisfaction of judgment for the Money 

Judgment. In the event that NJR does not receive payments totaling $10,000 by the end of the 

DeFrand’s chapter 13 plan, then NJR shall be entitled to entry of a judgment non-dischargeable 

under 11 U.S.C. § 523(a)(2)(A) for the sum of $10,000, less any payments it received, where the 

only defense shall be payment. 

3. Upon the execution of this Stipulation, DeFrand shall file a motion to approve this 

Stipulation pursuant to Rule 9019 of the Federal Rules of Bankruptcy Procedure with the 

Bankruptcy Court in the above referenced matter.

4. The Parties are aware that this Stipulation must be noticed to all creditors and must 

be approved by the Bankruptcy Court. Upon the Court approving this Stipulation, the Parties will 

ask the Bankruptcy Court to enter an Order approving it and reserving jurisdiction to enforce this 

Stipulation. In the event that this Stipulation is not approved, it shall be deemed null and void.

NO OTHER AGREEMENTS; MODIFICATION

5. This Stipulation contains the entire understanding and agreement of the Parties, and 

there are no prior or contemporaneous promises, representations, agreements, warranties, or 

undertakings by either party to the other, either oral or written of any character or nature, except 

as set forth herein. This Stipulation may be altered, amended, or modified only by an instrument 

in writing, executed by the Parties, with the same formality as this Stipulation, and by no other 

means. Each party waives any right to claim that this Stipulation was modified, canceled, 

superseded, or changed by an oral agreement, course of conduct, or estoppel. 

APPLICABLE LAW

6. All matters affecting the execution, interpretation, validity, and enforceability of 

this Stipulation shall be subject to, and interpreted under, Federal Bankruptcy Law, as well as the 

laws of the State of Florida to whatever extent Bankruptcy Law relies upon state law.

NO PRESUMPTIONS ARISING FROM DRAFTING

7. The fact that any draft of this Stipulation was prepared by counsel for one of the 

Parties shall create no presumptions, and, specifically, shall not cause any ambiguities to be 

Case 20-22409-PDR Doc 52 Filed 01/25/22 Page 6 of 11
3

construed against that party. The Parties acknowledge that each has contributed toward the 

drafting of this Stipulation, and that it is the result of negotiations between the Parties.

WAIVERS

8. The failure of either party at any time to require the performance of the other of any 

of the terms, provisions, or conditions hereof shall in no way affect the right thereafter to enforce 

the same, nor shall the waiver by either party of the breach of any of the terms, provisions, and 

conditions hereof, be construed or be deemed a waiver of any succeeding breach of any term, 

provision, or condition hereof.

ADDITIONAL ACKNOWLEDGMENTS AND UNDERSTANDINGS

9. The Parties acknowledge that each fully understands all of the terms and obligations 

of this Stipulation, and each believes the same to be fair, just, equitable, reasonable, fully 

acceptable, and not unconscionable.

10. The Parties enter into this Stipulation freely and voluntarily. Neither of the Parties

have been the subject of any duress, undue influence, fraud, or coercion in entering into this 

Stipulation.

11. The Parties acknowledge that they have had the benefit and assistance of the 

representation of their own separate and independent attorneys to advise them of their rights and 

obligations under this Stipulation, and they are also aware of what their rights would be in the 

absence of this Stipulation.

12. This Stipulation shall be binding upon the Parties hereto and shall also be binding 

upon and enure to the benefit of the heirs and successors of the respective Parties.

13. This Stipulation may be executed in two or more counterparts, including scanned 

email counterparts, none of which need contain signatures of all of the Parties, each of which will 

constitute an original, and all of which, taken together, shall constitute one and the same 

stipulation.

14. The date of this Stipulation is the date on which the last of the parties executes it.

CAPTIONS

15. The captions of the various paragraphs in this Stipulation are for convenience only, 

and none of them is intended to be any part of the text, or intended to be referred to in construing 

any provision of it.

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INCORPORATION OF RECITALS

16. The recitals to this Stipulation are incorporated and accepted and agreed to by the

Parties as though fully set forth in its body. The fact that a particular provision of the body of this 

Stipulation is not mentioned in the recitals shall not affect the validity or enforceability of such 

provision. The facts stated in the recitals shall conclusively be presumed to be true for all purposes 

between the Parties and any other party bound by this Stipulation.

NOTICES

17. Any notices required by this Stipulation must be given either in writing by email to

the parties as follows:

To NJR:

G. Steven Fender, Esq.

P.O. Box 1545

Ft. Lauderdale, FL 33302

steven.fender@fender-law.com

To DeFrand:

Clare A. Casas, Esq.

7450 Griffin Road, #260

Davie, FL 33314

clarecasas@ombankruptcy.com

Tarek K. Kiem, Esq.

8461 Lake Worth Road, Suite 114

Lake Worth, FL 33467

tarek@kiemlaw.com

NATIONWIDE JUDGMENT RECOVERY, 

INC.

Date: January 24, 2022 By: David S Goldberg 

David S. Goldberg

Agent-Portfolio Manager

Date: January ____, 2022 ________________________________

Dard DeFrand

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Case 20-22409-PDR Doc 52 Filed 01/25/22 Page 9 of 11
EXHIBIT “B”

PROPOSED ORDER 

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

In re:

Case No.: 20-22409-PDR

DARD DEFRAND,

Debtor. Chapter 13

_____________________________/

ORDER GRANTING MOTION TO APPROVE

STIPULATION TO COMPROMISE CONTROVERSY [ECF __]

THIS MATTER having come before the Court for hearing in West Palm Beach, Florida, 

on ___________ upon the consent portion of the Chapter 13 calendar on the Debtor’s Motion to 

Approve Stipulation to Compromise Controversy between the Debtor Dard DeFrand (the 

“Debtor”) and Nationwide Judgment Recovery, Inc. (“NJR”) (the “Motion”) [ECF __], and the 

Court, having reviewed the Motion filed by the Debtor, and being otherwise fully advised in the 

premises, hereby 

ORDERS as follows:

Case 20-22409-PDR Doc 52 Filed 01/25/22 Page 10 of 11
2

1. The Motion is GRANTED and the Stipulation attached to the Motion is 

APPROVED.

2. The Court hereby approves the Stipulation and settlement reached between the 

Debtor and NJR.

3. The provisions of the Stipulation attached to the Motion are incorporated herein.

4. The Debtor shall amend his chapter 13 plan so that NJR receives a total of $10,000 

in payment by its completion. If NJR does not receive payments totaling $10,000 by the 

completion of the Debtor’s chapter 13 plan, then NJR shall be entitled to receive a nondischargeable judgment in its favor against the Debtor for the sum of $10,000, less any payments 

received in the Debtor’s chapter 13 case. If NJR receives payments totaling $10,000 by the end 

of the Debtor’s chapter 13 plan, then NJR shall provide a satisfaction of judgment to the Debtor.

5. The Court reserves jurisdiction to enforce the terms of the Stipulation.

###

Submitted by:

Tarek K. Kiem, Esq.

Attorney for the Defendant Dard Defrand

Kiem Law, PLLC

8461 Lake Worth Road, Suite 114

Lake Worth, FL 33467

Telephone: 561-600-0406

Fax: 561-763-7355

Email: tarek@kiemlaw.com

Attorney Tarek K. Kiem shall serve a copy of the signed order on all interested parties 

and file with the court a certificate of service conforming with Local Rule 2002-1(F).

Case 20-22409-PDR Doc 52 Filed 01/25/22 Page 11 of 11