UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

In re: Case No.: 21-17336-MAM

Anisa Nazarova Chapter 12

Debtor.

__________________________________/

ORDER SETTING CONTINUATION OF EVIDENTIARY HEARING BY 

VIDEO CONFERENCE 

[ECF No. 64]

THIS MATTER came before the Court upon Creditor Deer Run Property Owners’ 

Association, Inc. Motion to Dismiss Case for With Prejudice for Bad Faith 

filing, or in the alternative Motion for Relief from Stay Prospective For Two 

Years (ECF No. 40) (“Deer Run’s Motion”), Creditor Fidelity National Title 

Group’s Motion to Dismiss Case with Prejudice (ECF No. 49) (“Fidelity’s 

Motion”), the Chapter 12 Trustee’s Joinder (Additional) to Deer Run’s Motion 

and Fidelity’s Motion (ECF No. 80) and the Debtor’s Amended Response to 

Deer Run’s and Fidelity’s Motion (ECF No. 66), and Fidelity’s Reply (ECF No. 

67) for Evidentiary Hearing on December 16, 2021 at 9:30AM (ECF No. 64], which,

due to time constraints, was not completed. Accordingly, the Court has continued the 

Evidentiary Hearing pursuant to and accordance with this ORDER, as follows:

1. HEARING; SERVICE. The Court will conduct the continuation of the 

evidentiary hearing on January 28, 2022 at 9:30 a.m. Time permitting, the 

Mindy A. Mora, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on December 29, 2021.

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Court will also take up for hearing on January 28, 2022 the following 

outstanding motions, applications and objections: 

a. Motion to Receive Post-Petition Retainer filed by the Debtor (ECF No. 60);

b. Objection to Debtor’s Motion to Receive Post-Petition Retainer filed by 

Deer Run (ECF No. 70)

c. Joinder in Deer Run’s Objection to Debtor’s Motion to Receive Post-Petition 

Retainer filed by PNC Bank, N.A. (ECF No. 71);

d. Motion to Withdraw as Attorney of Record filed for the Debtor filed by 

David L. Merrill, Esq. (ECF No. 72).

e. Application for Compensation for David L. Merrill, Esq. (ECF No. 78).

f. Objection to Motion to Receive Post-Petition Retainer filed by Chapter 12, 

Robert C. Furr, Esq. (ECF No. 81);

g. Amended Application for Compensation for David L. Merrill, Esq., 

Attorney for Debtor (ECF No. 86) (Amending ECF No. 78).

Counsel for Movant Deer Run shall serve a copy of this Order on all appropriate

parties and file a certificate of service thereof as required by this Court’s local rules. 

2. VIDEO CONFERENCE PROCEDURES. The parties are DIRECTED to 

comply with the General Procedures for Hearings by Video Conference found on 

Judge Mora’s webpage at www.flsb.uscourts.gov. To the extent that the

procedures on Judge Mora’s web page conflict with the instructions in this

Order, this Order shall govern.

3. REGISTRATION TO PARTICIPATE IN HEARING BY VIDEO

CONFERENCE; LIMIT ON PARTICIPATION BY VIDEO. All parties 

wishing to participate in the hearing by video conference shall register online 

at the following link: 

https://www.zoomgov.com/meeting/register/vJIsdumrqz8sH8DeIKqz2983n8W2C7gWZo

Participants must register at the link above no later than 4:00 p.m. four

(4) business days before the hearing.

4. PUBLIC ACCESS. Any person wishing to listen to the hearing by telephone 

must contact Maria Romaguera, solely by email at 

Maria_Romaguera@flsb.uscourts.gov to obtain dial-in instructions by no 

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later than 3:00 p.m. at least two (2) business days prior to the date of the 

hearing. The Court cannot process untimely requests.

5. EXHIBITS. For the reasons stated on the record by the Court on December 

16, 2021, within ten (10) business days of the date of this Order, Deer Run shall 

file with the Court and serve upon counsel for the Debtor, certified copies of 

Exhibits 1, 2, 4, 16, 19, 26,31, 32 and 33 (as listed in Deer Run’s Exhibit 

Register (ECF No. 82)), which were conditionally entered into evidence by the 

Court on December 16, 2021 subject to Deer Run’s compliance with this 

paragraph 5. The Debtor shall have five (5) business days from the date Deer 

Run files an Amended Exhibit Register with certified copies of the foregoing 

exhibits to object. The Debtor’s objection to each such exhibit shall be limited 

to Deer Run’s certified copies not matching the corresponding non-certified 

copies filed with Deer Run’s Exhibit Register (ECF No. 82).

6. FINAL ARGUMENT. At the conclusion of the hearing, the Court will hear 

final argument. The Court may request that each party file a proposed order 

with findings of fact and conclusions of law.

7. SETTLEMENT. If the contested matter is settled, the parties shall submit to 

the Court a stipulation approved by all parties and a motion for approval of the 

same prior to the date of the hearing. If a stipulation and motion are not 

submitted to the Court, all parties shall be prepared to proceed with the 

hearing. If the contested matter is removed from the calendar based upon the 

announcement of a settlement, the contested matter will not be reset for 

hearing if the parties fail to consummate the settlement. In such event, the 

Court will consider only a motion to enforce the settlement, unless the sole 

reason the settlement is not consummated is that the Court did not approve 

the settlement, in which case the matter will be reset for hearing at a later 

date.

8. SANCTIONS. Failure to appear at the hearing or to comply with any provision 

of this order may result in appropriate sanctions, including the award of 

attorney’s fees, striking of papers, or the exclusion of exhibits or witnesses.

9. CONTINUANCES. Continuances of the hearing or any deadlines set forth in 

this order must be requested by written motion. Any request for continuance 

or amendment to this order shall set forth the reasons why the party or parties 

seek a continuance.

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Copy to:

David L. Merrill, Esq. – dlmerrill@theassociates.com

Michele A Cavallaro on behalf of Creditor Fidelity National Title Group

michele.cavallaro@fnf.com, andrea.brodsky@fnf.com

Robert C Furr

danderson@furrcohen.com, rcf@trustesolutions.net

Robert C Furr, Esq on behalf of Trustee Robert C Furr

ltitus@furrcohen.com, 

atty_furrcohen@bluestylus.com;cworkinger@furrcohen.com;

staff1@furrcohen.com

Kimberly H Israel on behalf of Creditor PNC Bank, N.A.

kisrael@mcglinchey.com, cgipson@mcglinchey.com

Attorney Steven R. Braten shall immediately serve this Order upon all interested 

parties and file a certificate of service with the Court that conforms with Local Rule

2002-1(F).

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