UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

IN RE: CASE NO.: 21-19082-RAM

Chapter: 13

JUANA ACOSTA MARTINEZ 

DEBTOR 

____________________________/.

CREDITOR’S, WEST BAY PLAZA CONDOMINIUM ASSOCIATION, INC.’S,

OBJECTION TO CONFIRMATION

Creditor, WEST BAY PLAZA CONDOMINIUM ASSOCIATION, INC., hereafter 

referred to as “Association,” objects to the confirmation of Debtor’s Plan (ECF No. 16) and, as 

grounds therefore, states:

1. Association is a condominium association and a corporation not-for-profit 

pursuant to Chapters 718 and 617, Fla. Stat.

2. Debtor owns a unit in the Association’s condominium community located at 1688 

West Ave., #408, Miami Beach, FL 33139, hereafter referred to as “Subject Unit.”

3. Debtor is delinquent in the payment of condominium association assessments to 

the Association (Proof of Claim 6) that were assessed against the Subject Unit and owes the 

Association an arrearage in the amount of $65,681.44 as of the Petition filing date.

4. Debtor has proposed to pay solely $62,081.96 in arrearages in his First Amended 

Plan and has intentionally misrepresented that amount of the regular payments owed to the 

Association as a lesser amount than that which is actually owed.

1

5. The Association objects to confirmation on the basis that Debtor’s Plan does not 

confirm to or satisfy the Association’s Proof of Claim, nor does it propose to pay the current 

1 The instant bankruptcy is Debtor’s third bankruptcy within the last thirteen (13) months. The Association obtained 

a judgment of foreclosure which identifies the correct amount of the regular payment.

Case 21-19082-RAM Doc 22 Filed 10/28/21 Page 1 of 4
regular ongoing monthly assessments and special assessments.

6. The Association also objects to confirmation on the basis that Debtor’s Plan is not 

feasible. 

7. Debtor’s schedules indicates that her monthly income amounts to $3,222.00, that 

her monthly expenses amount to $1,408.83 and that her net income is $1,813.17 (ECF No. 12).

8. Debtor’s Plan identifies a total monthly payment in the amount of $1,862.84 for 

months 1 through 10 and $1,696.18 for months 11 through 60; however, when the current regular 

ongoing regular monthly assessment in the amount of $746.73 and the monthly special 

assessments in the amount of $68.21 are taken into consideration, the Debtor’s Plan is entirely 

unfeasible. 

9. Debtor had the same income and expenses during the course of her prior 

bankruptcy proceedings that had been pending in Case No. 21-17165-RAM; however, those 

proceedings were dismissed due to her failure to make the required plan payments and the 

Trustee had noted a number of additional deficiencies. 

WHEREFORE, Creditor, WEST BAY PLAZA CONDOMINIUM ASSOCIATION,

INC., respectfully requests that the Court sustain this Objection, deny confirmation of Debtor’s 

Plan and dismiss these proceedings. 

(This space intentionally left blank)

Case 21-19082-RAM Doc 22 Filed 10/28/21 Page 2 of 4
I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court for 

the Southern District of Florida and I am in compliance with the additional qualifications to practice 

in this Court as set forth in Local Rule 2090-1 and that a true and correct copy of the foregoing has 

been served, via U.S. first class mail and/or CM/ECF, upon the parties identified and as indicated 

below this 28th day of October, 2021.

Backer Aboud Poliakoff & Foelster, LL

The Arbor Suite 420

400 S. Dixie Highway

Boca Raton FL 33432

(561) 361-8535 Voice

(561) 361-3491 Fax

By:/s/Ryan M. Aboud, Esq.

FBN: 27366

Email: RAboud@BAPFLaw.com

Counsel for Creditor,

WEST BAY PLAZA

CONDOMINIUM ASSOCIATION, INC.

The following were sent notice through CM/ECF electronic mail system:

Haven Del Pino on behalf of Debtor Juana Acosta Martinez 

haven@delpinolaw.com

lalmestica@delpinolaw.com

joseph@delpinolaw.com

jportalatin@delpinolaw.com

frontdesk@delpinolaw.com;

jvalencia@delpinolaw.com

r61325@notify.bestcase.com

jgranados@delpinolaw.com

Nancy K. Neidich, Trustee

e2c8f01@ch13miami.com

ecf2@ch13miami.com

Office of the US Trustee 

USTPRegion21.MM.ECF@usdoj.gov

Parties indicated in the Label Matrix attached hereto who were not served via CM/ECF 

electronic mail system as indicated were served via U.S. Mail.

Case 21-19082-RAM Doc 22 Filed 10/28/21 Page 3 of 4
 Label Matrix for local noticing Ally Financial Ameris Bank 

 113C-1 P.o. Box 380901 3 Corporate Square 

 Case 21-19082-RAM Bloomington, MN 55438-0901 Atlanta, GA 30329-2078 

 Southern District of Florida 

 Miami 

 Thu Oct 28 15:28:07 EDT 2021 

 Capital One Bank (USA), N.A. Capital One Bank Usa N Kendall Regional Medical Center 

 by American InfoSource as agent Po Box 31293 Resurgent Capital Services 

 PO Box 71083 Salt Lake City, UT 84131-0293 PO Box 1927 

 Charlotte, NC 28272-1083 Greenville, SC 29602-1927 

 

 LVNV Funding, LLC Miami Dade County Property Appraiser Office of the US Trustee 

 Resurgent Capital Services 200 NW 2nd Avenue, 51 S.W. 1st Ave. 

 PO Box 10587 Miami, FL 33128-1733 Suite 1204 

 Greenville, SC 29603-0587 Miami, FL 33130-1614 

 (p)PERITUS PORTFOLIO SERVICES II LLC (p)PNC BANK RETAIL LENDING Ryan M. Aboud 

 PO BOX 141419 P O BOX 94982 Backer Aboud Poliakoff & Foelster 

 IRVING TX 75014-1419 CLEVELAND OH 44101-4982 400 S. Dixie Highway, Suite 420 

 Boca Raton, FL 33432-6023 

 (p)US DEPARTMENT OF HOUSING AND URBAN DEVELOP West Bay Plaza Condominium Association West Bay Plaza Condominium Association, Inc. 

 ATTN ROBERT ZAYAC c/o First Service Residential c/o Backer Aboud Poliakoff & Foelster 

 40 MARIETTA ST SUITE 300 1688 West Avenue 400 S. Dixie Highway, Suite 420 

 ATLANTA GA 30303-2812 Miami Beach, FL 33139-2356 Boca Raton, FL 33432-6023 

 Haven Del Pino Juana Acosta Martinez Nancy K. Neidich 

 900 W 49 St. # 422 1688 West Ave. Apt. #408 www.ch13miami.com 

 Hialeah, FL 33012-3487 Miami Beach, FL 33139-2367 POB 279806 

 Miramar, FL 33027-9806 

 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). 

 Pendrick Capital Partners II, LLC Pnc Bank Secretary of Housing and Urban Developme 

 Peritus Portfolio Services II, LLC Po Box 3180 Development Washington DC 

 PO BOX 141419 Pittsburgh, PA 15230 451 Seventh St. SW 

 IRVING, TX 75014-1419 Washington, DC 20410 

 The following recipients may be/have been bypassed for notice due to an undeliverable (u) or duplicate (d) address. 

 (u)Miami (u)Syncb/walmart End of Label Matrix 

 Mailable recipients 17 

 Bypassed recipients 2 

 Total 19 

Case 21-19082-RAM Doc 22 Filed 10/28/21 Page 4 of 4