UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

In re:

Julio C Chirino

aka Julio Chirino

aka Julio Cesar Chirino

aka Julio Cesar Chirino Fernandez

aka Julio Chirino Fernandez

aka Julio C Chirino Fernandez,

Debtor.

Case No.: 20-22980-AJC

Chapter: 13

___________________________________/

SCOLOPAX, LLC’S RESPONSE TO 

DEBTOR’S OBJECTION TO CLAIM 13 [DOC. NO. 87]

Scolopax, LLC, its successors and assigns (“Respondent”), by and through its attorney, 

responds to Debtor’s Objection to Claim 13-2 [Doc. No. 87] (the “Objection”) and in support 

states:

1. On November 30, 2020, the Debtor filed this Chapter 13 bankruptcy case.

2. The deadline for filing claims was February 8, 2021 (“Claims Bar Date”).

3. On February 5, 2021, prior to the Claims Bar Date, Respondent filed Claim No. 13

(“Claim”) evidencing a total unsecured claim in the amount of $3,801.73 listing the basis as a 

credit card. 

4. On November 12, 2021, Respondent amended the Claim to evidence a total secured 

claim in the amount of $3,801.73 secured by a Motor Vehicle, specifically a 2014 Kenworth with 

a vin number of 1XKYD49X2EJ404471. 

Case 20-22980-AJC Doc 88 Filed 02/09/22 Page 1 of 3
5. On January 10, 2022, Debtor’s Objection was filed alleging that the vehicle was a 

total loss and surrendered to the insurance company. Debtor’s Objection alleges that the amended 

proof of claim was filed after the bar date and should be therefore stricken and disallowed.

6. It is noteworthy, that the Debtor’s Schedule F includes an account for Freedom 

Truck Finance. Freedom Truck Finance is the original creditor of the account that was sold and 

is now owned by Respondent.

7. According to the Eleventh Circuit Court of Appeals, an amendment to a claim is 

freely allowed where the purpose is to cure a defect in the claim as originally filed, to describe the 

claim with greater particularity or to plead a new theory of recovery on the facts set forth in the 

original claim. In re Int'l Horizons, Inc., 751 F.2d 1213, 1216 (11th Cir. 1985).

8. Respondent contends that the Claim is filed timely and the amendment should be 

allowed as it is describes the claim with more particularity or pleads a new theory of recovery. 

Specifically, the amendment provides that the Claim is based on a Motor Vehicle and includes the 

Certificate of Title for a Vehicle as an exhibit to the Claim.

9. Respondent shall amend the Claim to list the amount as unsecured on the basis that 

the vehicle was a total loss.

WHEREFORE, Respondent respectfully requests this Court deny the Objection filed by 

the Debtor, grant leave to amend the Claim as outlined above, and for such other and further relief 

as the Court deems just and proper.

Dated: February 9, 2022 McCalla Raymer Leibert Pierce, LLC

By: /s/Reka Beane

Reka Beane, Esq.

Florida Bar No. 52919

Attorney for Lender

110 S.E. 6th Street, Suite 2400

Ft. Lauderdale, FL 33301

Phone: (954) 332-9370

Case 20-22980-AJC Doc 88 Filed 02/09/22 Page 2 of 3
Fax: (954) 332-9370

Email: Reka.Beane@mccalla.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served on February 

9, 2022 as follows:

By First Class U.S. Mail to:

Julio C Chirino

870 W 53rd Street

Hialeah, FL 33012-2417

By Electronic Notice to:

Robert Sanchez, Esq

355 W 49 St.

Hialeah, FL 33012

Trustee

Nancy K. Neidich

www.ch13miami.com

POB 279806

Miramar, FL 33027

U.S. Trustee

Office of the US Trustee

51 S.W. 1st Ave.

Suite 1204

Miami, FL 33130

By: /s/Reka Beane

Reka Beane, Esq. 

Case 20-22980-AJC Doc 88 Filed 02/09/22 Page 3 of 3