LF-31 (rev. 06/04/21) Page 1 of 2

 UNITED STATES BANKRUPTCY COURT, SOUTHERN DISTRICT OF FLORIDA

www.flsb.uscourts.gov

CHAPTER 13 PLAN (Individual Adjustment of Debts)

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Original Plan 

Amended Plan (Indicate 1st, 2nd, etc. Amended, if applicable)

FIRST Modified Plan (Indicate 1st, 2nd, etc. Modified, if applicable)

DEBTOR: Robert Fernandez JOINT DEBTOR: Madelaide Tome CASE NO.: 20-23437-PDR

SS#: xxx-xx- 0615 SS#: xxx-xx-0452

I. NOTICES 

To Debtors: Plans that do not comply with local rules and judicial rulings may not be confirmable. All plans, amended plans 

and modified plans shall be served upon all creditors and a certificate of service filed with the Clerk pursuant to 

Local Rules 2002-1 (C)(5), 3015-1(B)(2), and 3015-2. Debtor(s) must commence plan payments within 30 days of 

filing the chapter 13 petition or within 30 days of entry of the order converting the case to chapter 13. 

 To Creditors: Your rights may be affected by this plan. You must file a timely proof of claim in order to be paid. Your claim may 

be reduced, modified or eliminated. 

 To All Parties: The plan contains no nonstandard provisions other than those set out in paragraph VIII. Debtor(s) must check one 

box on each line listed below in this section to state whether the plan includes any of the following:

The valuation of a secured claim, set out in Section III, which may result in a 

partial payment or no payment at all to the secured creditor Included ■ Not included

Avoidance of a judicial lien or nonpossessory, nonpurchase-money security interest, set 

out in Section III Included ■ Not included

Nonstandard provisions, set out in Section IX Included ■ Not included

II. PLAN PAYMENTS, LENGTH OF PLAN AND DEBTOR(S)' ATTORNEY'S FEE

A. MONTHLY PLAN PAYMENT: This Plan pays for the benefit of the creditors the amounts listed below, including trustee's 

fees of 10%, beginning 30 days from the filing/conversion date. In the event the trustee does not retain the full 10%, any unused 

amount will be paid to unsecured nonpriority creditors pro-rata under the plan:

1. $177.54 for months 1 to 9 ;

2. $780.50 for months 10 to 84 ;

B. DEBTOR(S)' ATTORNEY'S FEE: NONE PRO BONO

Total Fees: $5,175.00 Total Paid: $1,715.00 Balance Due: $3,460.00 

Payable $167.92 /month (Months 1 to 9 )

Payable $79.32 /month (Months 10 to 33 )

Payable $45.06 /month (Months 34 to 34 )

Allowed fees under LR 2016-l(B)(2) are itemized below:

Safe Harbor: $4,500.00 Attorney's Fees + $150.00 Costs + $525 Motion to Modify = $5,175.00

Applications for compensation must be filed for all fees over and above the Court's Guidelines for Compensation.

III. TREATMENT OF SECURED CLAIMS NONE

A. SECURED CLAIMS: ■ NONE

B. VALUATION OF COLLATERAL: ■ NONE

C. LIEN AVOIDANCE ■ NONE

D. SURRENDER OF COLLATERAL: ■ NONE

E. DIRECT PAYMENTS NONE

Secured claims filed by any creditor granted stay relief in this section shall not receive a distribution fom the Chapter 13 Trustee.

Case 20-23437-PDR Doc 37 Filed 08/24/21 Page 1 of 2
LF-31 (rev. 06/04/21) Page 2 of 2

Debtor(s): Robert Fernandez, Madelaide Tome Case number: 20-23437-PDR

The debtor(s) elect to make payments directly to each secured creditor listed below. The debtor(s) request that upon 

confirmation of this plan the automatic stay be terminated in rem as to the debtor(s) and in rem and in personam as to any 

codebtor(s) as to these creditors. Nothing herein is intended to terminate or abrogate the debtor(s)' state law contract rights. 

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Name of Creditor Last 4 Digits of Account No. Description of Collateral (Address, Vehicle, etc.)

1.

Miami Truck Leasing 2008 Peterbilt 387 Tractor Mule

2.

Penny Mac Loan Services 

LLC

0998 1631 N 7 Avenue Hollywood FL 33024

3.

TD Auto Finance 7442 2019 Honda CRV

4.

Veros Credit 1010 2008 Toyota Tundra

IV. TREATMENT OF FEES AND PRIORITY CLAIMS [as defined in 11 U.S.C. §507 and 11 U.S.C. § 1322(a)(4)] NONE

A. ADMINISTRATIVE FEES OTHER THAN DEBTORS(S)' ATTORNEY'S FEE: ■ NONE

B. INTERNAL REVENUE SERVICE: NONE

Total Due: $47,266.45 Total Payment $47,266.45 

Payable: $630.22 /month (Months 10 to 84 )

C. DOMESTIC SUPPORT OBLIGATION(S): ■ NONE

D. OTHER: ■ NONE

V. TREATMENT OF UNSECURED NONPRIORITY CREDITORS NONE

A. Pay $34.26 /month (Months 34 to 34 )

Pay $79.32 /month (Months 35 to 84 )

Pro rata dividend will be calculated by the Trustee upon review of filed claims after bar date.

B. If checked, the Debtor(s) will amend/modify to pay 100% to all allowed unsecured nonpriority claims.

C. SEPARATELY CLASSIFIED: ■ NONE

VI. STUDENT LOAN PROGRAM ■ NONE

VII. EXECUTORY CONTRACTS AND UNEXPIRED LEASES ■ NONE

VIII. INCOME TAX RETURNS AND REFUNDS: ■ NONE

IX. NON-STANDARD PLAN PROVISIONS ■ NONE

Debtor

Robert Fernandez Date

Attorney with permission to sign on 

Debtor(s)' behalf

/s/ Robert Sanchez, Esq.

Date

August 24, 2021

Joint Debtor

Madelaide Tome Date

PROPERTY OF THE ESTATE WILL VEST IN THE DEBTOR(S) UPON PLAN CONFIRMATION. 

 

I declare that the foregoing chapter 13 plan is true and correct under penalty of perjury. 

By filing this document, the Attorney for Debtor(s) or Debtor(s), if not represented by counsel, certifies that the wording and 

order of the provisions in this Chapter 13 plan are identical to those contained in Local Form Chapter 13 Plan and the plan 

contains no nonstandard provisions other than those set out in paragraph VIII.

Case 20-23437-PDR Doc 37 Filed 08/24/21 Page 2 of 2