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UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

www.flsb.uscourts.gov

In re: Julio Chirino

 Case No: 20-22980-AJCChapter 13

Debtor(s) /

MOTION TO VALUE AND DETERMINE SECURED STATUS OF LIEN 

ON PERSONAL PROPERTY

IMPORTANT NOTICE TO CREDITORS:

THIS IS A MOTION TO VALUE YOUR COLLATERAL

This Motion seeks to value collateral described below securing the 

claim of the creditor listed below.

IF YOU DISPUTE THE VALUE ALLEGED OR TREATMENT OF YOUR CLAIM 

PROPOSED IN THIS MOTION, YOU MUST FILE A WRITTEN OBJECTION NO 

LATER THAN TWO BUSINESS DAYS PRIOR TO THE SCHEDULED HEARING

[SEE LOCAL RULE 3015-3(A)(2)]

If you have not filed a proof of claim, you have until the later of the 

claims bar date or 21 days from the date this Motion was served upon 

you to file a proof of claim or you will be deemed to have waived the 

right to payment of any unsecured claim to which you might otherwise 

be entitled. [See Local Rule 3015-3(A)(4)]

1. Pursuant to 11 U.S.C. §506, Bankruptcy Rule 3012, and Local Rule 3015-3, the 

debtor seeks to value personal property securing the claim of Biltmore Finance 

Corp 7851 (“Lender”).

2. (Select only one):

X Lender’s collateral consists of a motor vehicle and is particularly described 

as follows:

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Year and Model of motor vehicle: 

2014 KENWORTH T680 TRACTOR 

MULE 2DRS (500HP)

Vehicle Identification Number (VIN #): 

1XKYD49X3EJ398633

Odometer reading: 969,146 miles

Lender’s collateral consists of a lien on personal property other than a motor 

vehicle and is particularly described as follows:

3. At the time of the filing of this case, the value of the personal property is 

$24,000.00as determined by Debtor’s opinion of value.

4. The undersigned reviewed the docket and claims register and states (select only 

one):

X Lender has not filed a proof of claim in this case. The trustee shall not 

disburse any payments to Lender unless a proof of claim is timely filed. In the 

event a proof of claim is timely filed, it shall be classified as a secured claim 

to the extent provided in paragraph 3, above, and as a general unsecured 

claim for any deficiency, regardless of the original classification in the proof 

of claim as filed. Lender’s secured claim shall be paid through the plan at

5.25% and for a total of $ 27,545.58 .

or

Lender filed a proof of claim in this case. It shall be classified as a secured 

claim to the extent provided in paragraph 3, above, and as a general 

unsecured claim for any deficiency, regardless of the original classification 

in the proof of claim. Lender’s secured claim shall be paid through the plan 

at % and for a total of $ .

5. The subject personal property may not be sold or refinanced without proper notice 

and further order of the court.

WHEREFORE, the debtor respectfully requests an order of the Court (a) 

determining the value of the personal property in the amount asserted in this Motion, (b) 

determining the secured status of the Lender’s lien as stated above, (c) determining that 

any timely filed proof of claim is classified as stated above, and (d) providing such other 

and further relief as is just.

NOTICE IS HEREBY GIVEN THAT:

1. In accordance with the rules of this Court, unless an objection is filed with the 

Court and served upon the debtor, the debtor’s attorney, and the trustee at 

least two (2) business days prior to the hearing scheduled on this Motion, the 

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value of the collateral may be established at the amount stated above without

further notice, hearing, or order of the Court. Pursuant to Local Rule 3015-3, 

timely raised objections will be heard at the hearing scheduled on the Motion.

2. The undersigned acknowledges that this Motion and the notice of hearing 

thereon must be served pursuant to Bankruptcy Rule 7004 and Local Rule

3015-3 at least 21 days prior to the hearing date and that a certificate of 

service must be filed when the Motion and notice of hearing thereon are 

served.

Submitted by:

/s/ Robert Sanchez 

Robert Sanchez, Esq.

Robert Sanchez, P.A.

355 West 49th Street

Hialeah, FL 33012

Tel: (305) 687-8008

Fl Bar No. 0442161

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