UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

I hereby certify that a true and correct copy of the foregoing was served through ECF on the debtor’s attorney or by U.S. First Class 

pre-paid Mail on the pro se debtor on the same day filed with the Court.

Submitted by:

NANCY K. NEIDICH, ESQ, STANDING CHAPTER 13 TRUSTEE

P.O. BOX 279806, MIRAMAR, FL 33027, (954) 443-4402

RE: GERARDO ARIAS CASE NUMBER: 19-26046-AJC

TRUSTEE'S NOTICE OF DEFICIENCY FOR CONFIRMATION AND RECOMMENDATION

The Trustee reviewed this case and found the following deficiencies remain unresolved from the Trustee’s letter 

requesting documents and prior deficiencies and thus objects as follows (If this case is dismissed, this 

deficiency is an objection to reinstatement until all documents are received or all issues are addressed): 

WRITTEN RESPONSE TO ISSUES RAISED AND/OR DOCUMENTS REQUESTED MUST BE 

RECEIVED BY 5PM AT LEAST FIFTEEN DAYS (NOT INCLUDING HOLIDAYS) PRIOR TO THE 

CONFIRMATION HEARING TO AVOID DISMISSAL. Please note documents that were not timely 

filed/received by the trustee may not be considered as there is not sufficient time for an additional review of this 

case. Call the Trustee's case administration department prior to “re-sending” documents. The Trustee 

reserves the right to raise additional objections UNTIL all documents are timely provided to the Trustee and 

reviewed for possible issues raised and additional documents needed. 

The debtor or debtor’s attorney must appear at the confirmation hearing even if they pre-hear with the 

Trustee. The debtor may be dismissed for failure to fund the plan if they are delinquent in payments. 

The Court may dismiss this case if no one appears to represent the debtor at the confirmation hearing.

IMPORTANT NOTICE: IF THE DEBTOR(S) OBJECTS TO THE TRUSTEE'S RECOMMENDATION, THE 

DEBTOR'S ATTORNEY MUST CONTACT THE TRUSTEE'S OFFICE AND SPEAK TO AN ATTORNEY 

BEFORE 2PM THE LAST BUSINESS DAY PRIOR TO THE CONFIRMATION HEARING TO SEEK A 

RESOLUTION OR THE RECOMMENDATION WILL BE DEEMED UNCONTESTED BY THE DEBTOR. 

===============================================================================

Recommendation for April 26, 2022, hearing. All amendments and documents for the April 26, 2022,

hearing were due as of March 29, 2022. (Call the Trustee's case administration department prior to "resending" documents)

If Counsel for the Debtor(s) appears at confirmation, confirms service, and agrees on the record:

Remains unresolved from prior deficiency

Due by 5 pm on 4/29 or DISMISS, if received Cont. to 5/24: Provide custody and marital settlement 

agreement entered on August 2, 2001-trustee is unable to obtain un-redacted copy of same. 

*Trustee has additional concerns brought to the light in Creditor’s Objection to Confirmation [ECF No. 215] 

as the non-homestead property was purchased two years after the Debtor divorced and debtor provides that his 

contribution toward the maintenance of the non-homestead property is in the nature of support as a result of the 

divorce*

**Trustee objects to retaining non-homestead property (8233) without sufficient rental income to maintain the 

non-homestead property, pursuant to trustee’s review the Debtor receives income of $900.00 and mortgage 

expense is approximately $851.09 pursuant to POC No. 26 not including homeowners association payment in 

plan**

Case 19-26046-AJC Doc 218 Filed 04/20/22 Page 1 of 1