UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

www.flsb.uscourts.gov 

IN RE: Case No. 21-12136-MAM

Angel M Perez Chapter 13

Debtor. 

OBJECTION TO CONFIRMATION OF DEBTOR’S 

FIRST AMENDED CHAPTER 13 PLAN OF REORGANIZATION

Comes now, Ally Bank, by and through its undersigned attorney, and hereby files its 

objection to confirmation of Debtor’s Chapter 13 plan of reorganization and states as follows: 

1. Debtor filed this case on March 4, 2021 when Debtor filed a voluntary petition 

under Chapter 13 of the Bankruptcy Code. 

2. On March 9, 2021, Secured Creditor, Ally Bank, being serviced through Ally 

Financial Inc., filed its Proof of Claim (Claim No. 1) which listed a secured total claim of 

$12,169.17, with a regular ongoing monthly payment of $403.18 per month for a 2015 Cadillac 

ATS VIN Number 1G6AB5RA8F0107719 (hereinafter “the Vehicle). There were no arrearages 

listed in the Proof of Claim (Claim No. 1). 

3. On June 1, 2021, Debtor filed its first amended Chapter 13 plan, which proposed 

to value the Vehicle at $8,600.00, to be paid at 3.25% interest, with payments of $13.21 for 

months one through ten, and $183.94 for months eleven through sixty. Debtor has based the 

value at $8,600.00 based upon a private appraisal which has not been filed at this time. 

4. The NADA valuation of the vehicle (attached hereto as “Exhibit A”) is 

$18,450.00 for Clean Retail, or $15,150.00 for the clean trade in value. Ally’s Proof of Claim 

Case 21-12136-MAM Doc 30 Filed 06/28/21 Page 1 of 5
(Claim No. 1) shows the amount due as $12,169.17, which is less than both the NADA valuation 

for trade-in or clean retail. 

5. Ally Bank, objects to confirmation of Debtor’s Chapter 13 plan due to the fact that 

it fails to provide for full repayment to Ally for the subject vehicle which appears to have equity. 

Wherefore, Ally Bank prays that this Honorable Court deny confirmation of Debtor’s 

Chapter 13 plan of reorganization. 

/s/Elizabeth Eckhart 

Steven G. Powrozek, FL Bar 0316120 

Elizabeth Eckhart, FL Bar 48958 

LOGS Legal Group LLP 

Attorney for Secured Creditor 

4630 Woodland Corporate Boulevard 

Suite 100 

Tampa, FL 33614 

Telephone: 

Fax: (813) 880-8800 

E-mail: logsecf@logs.com 

CERTIFICATE OF SERVICE 

The undersigned certifies that on the 28th day of June, 2021, a copy of the foregoing was 

caused to be served upon the following: 

Via CM/ECF Electronic Notice

Jose A Blanco, Jose A. Blanco, P.A. 

355 W 49 ST 

Hialeah, FL 33012 

Robin R Weiner 

POB 559007 

Case 21-12136-MAM Doc 30 Filed 06/28/21 Page 2 of 5
Fort Lauderdale, FL 33355 

Via First Class U.S. Mail, Postage Prepaid

Debtor 

Angel M Perez a/k/a Angel Manuel Perez Smith Sr. a/k/a Angel Perez Smith Sr. a/k/a Angel 

Perez a/k/a Angel M Perez Sr. a/k/a Angel Manuel Perez a/k/a Angel Manuel Perez Smith a/k/a 

Angel Perez Smith a/k/a Angel M Perez Smith Sr. a/k/a Angel Manuel Perez Sr. a/k/a Angel 

Perez Sr. a/k/a Angel M Perez Smith 

274 Arabian Road 

Palm Springs, FL 33461-2162 

I hereby certify that I am admitted to the Bar of the United States District Court of the Southern 

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

Court as set forth in Local Rule 2090-1(A). 

/s/Elizabeth Eckhart 

Steven G. Powrozek, FL Bar 0316120 

Elizabeth Eckhart, FL Bar 48958 

LOGS Legal Group LLP 

Attorney for Secured Creditor 

4630 Woodland Corporate Boulevard 

Suite 100 

Tampa, FL 33614 

Telephone: 

Fax: (813) 880-8800 

E-mail: logsecf@logs.com 

21-325187 

Case 21-12136-MAM Doc 30 Filed 06/28/21 Page 3 of 5
VehicleInformation

NADA Used Cars/Trucks Values

Base Mileage Adj. Option Adj. Adjusted Value

Monthly

Trade-In

Trade-In/Loan Retail

Selected Options

Vehicle: 2015 Cadillac ATS Sedan4D Luxury2.5L

I4

Region: Southeastern

Period: June23,2021

VIN: 1G6AB5RA8F0107719

Mileage: 87,500

Base MSRP: $37,340

TypicallyEquipped MSRP: $39,985

Clean $15,150 N/A N/A $15,150

Clean Retail $18,450 N/A N/A $18,450

Bluetooth Connection w/body w/body

Remote Engine Starter w/body w/body

6/23/2021

NADA Used Cars/Trucks

NADA Used CarGuide assumesno responsibility or liability for any errorsor omissionsor any revisionsor additionsmade by anyone on thisreport.

NADA Used CarGuide and itslogo are registered trademarksof National Automobile DealersAssociation, used under license by J.D. Power.

©2021 J.D.Power

Exhibit A

Case 21-12136-MAM Doc 30 Filed 06/28/21 Page 4 of 5
VehicleInformation

NADA Used Cars/Trucks Values

Base Mileage Adj. Option Adj. Adjusted Value

Monthly

Trade-In

Trade-In/Loan Retail

Selected Options

Vehicle: 2015 Cadillac ATS Sedan4D Luxury2.5L

I4

Region: Southeastern

Period: June23,2021

VIN: 1G6AB5RA8F0107719

Mileage: 87,500

Base MSRP: $37,340

TypicallyEquipped MSRP: $39,985

Clean $15,150 N/A N/A $15,150

Clean Retail $18,450 N/A N/A $18,450

Bluetooth Connection w/body w/body

Remote Engine Starter w/body w/body

6/23/2021

NADA Used Cars/Trucks

NADA Used CarGuide assumesno responsibility or liability for any errorsor omissionsor any revisionsor additionsmade by anyone on thisreport.

NADA Used CarGuide and itslogo are registered trademarksof National Automobile DealersAssociation, used under license by J.D. Power.

©2021 J.D.Power

Exhibit A

Case 21-12136-MAM Doc 30 Filed 06/28/21 Page 5 of 5