UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.: 22-10712-BKC-RAM

PROCEEDING UNDER CHAPTER 13

IN RE:

ROSA MARIA BUSTAMANTE

_____________________________/

ORDER GRANTING DEBTOR'S MOTION TO MODIFY PLAN

AND APPROVING SECOND MODIFIED CHAPTER 13 PLAN

THIS CASE came to be heard on March 14, 2023, on the Debtor's Motion to Modify Chapter 13 Plan 

after Confirmation, and based on the record it is 

ORDERED as follows:

DEBTOR

The Motion to Modify Plan is granted. That the Debtor's Second Modified Plan meets all the 

provisions of the 11 U.S.C. Section 1325 and is, therefore, confirmed in accordance with its 

terms.

1.

Robert A. Mark, Judge

_____________________________________________________________________________ United States Bankruptcy Court

ORDERED in the Southern District of Florida on March 16, 2023.

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 ORDER GRANTING DEBTOR'S MOTION TO MODIFY PLAN AND APPROVING MODIFIED SECOND CHAPTER 13 PLAN

CASE NO.: 22-10712-BKC-RAM

Any claim entitled to priority under 11 U.S.C. Section 507 shall be paid in full, in periodic 

installments, in the order of priority prescribed by the Bankruptcy Code over the period of the Plan 

as required by 11 U.S.C. Section 1322(a)(2), with postpetition interest as required by 11 U.S.C. 

Section 506(b) payable on the secured portion of the claim.

2.

3. The Debtor's first monthly payment to the Trustee under the originally filed Plan was required to 

commence no later than 30 days following January 28, 2022, the date the petition was filed, or 

within 30 days from the date of conversion to Chapter 13.

Pursuant to 11 U.S.C. Section 554(a) and Local Rule 6007-1(b)(2), the Trustee abandons any real 

or personal property of the Debtor's which is not included in the Plan in which a creditor holds a 

security interest. The abandonment shall be deemed approved without necessity of a hearing or 

order if no objection to the abandonment is filed and served upon the Debtor and the Chapter 13 

Trustee within 10 days after the entry of this order. The party filing the objection shall comply 

with the provisions of Local Rule 9073-1(c) in scheduling a hearing on the objection .

4.

If the Plan does not provide for payments to a secured creditor, such creditor is granted in rem stay 

relief to pursue available state court remedies against any property of the Debtor's which secures 

the creditor's claim.

5.

Any executory contract or unexpired lease of the Debtor's which has not been assumed pursuant to 

court order prior to entry of this order, or which is not assumed in the Chapter 13 Plan confirmed 

by this Order, is deemed rejected upon entry of this Order.

6.

If the Debtor fails to timely make any Plan payments to the Trustee, the Trustee may serve a 

Notice of Delinquency upon the Debtor and the Debtor's attorney. The Debtor shall have 45 days 

from the date of the Notice of Delinquency to make all payments due under the Plan, including any 

payments that become due within the 45-day period. Debtor seeking to cure the delinquency in a 

modified plan must file a motion to modify the confirmed plan within 15 days of the date of the 

Notice of Delinquency. If the Debtor is not current in their plan payments on the 45th day after 

the date of the Notice of Delinquency, the Trustee shall file and serve a report of non-compliance 

and the case will be dismissed without further notice or hearing. Dismissal shall be with prejudice 

to the Debtor filing any new bankruptcy case for a period of 180 days from the entry of the order 

of dismissal. The court will not extend these deadlines absent extraordinary circumstances.

7.

To the extent the Plan sought a determination of valuation pursuant to Bankruptcy Rule 3012, and 

no objections were filed or any objections were resolved, the terms of the Plan will be binding 

upon the affected secured creditors, and any allowed Proof of Claim will be secured only to the 

extent of the value as provided for in the Plan and unsecured as to the balance of the claim.

8.

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 ORDER GRANTING DEBTOR'S MOTION TO MODIFY PLAN AND APPROVING MODIFIED SECOND CHAPTER 13 PLAN

CASE NO.: 22-10712-BKC-RAM

ORDER SUBMITTED BY:

NANCY K. NEIDICH

STANDING CHAPTER 13 TRUSTEE

P.O. BOX 279806

MIRAMAR, FL 33027-9806

PATRICK L. CORDERO, ESQUIRE, is directed to serve a copy of this Order on interested parties who 

do not receive service by CM/ECF, and file a proof of such service within two (2) business days from 

entry of the Order.

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