UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

In Re: Bankruptcy Case No.: 21-14815 -LMI

Violeta Marina Nunez, Chapter 13 

Debtor

_________________________/

 Violeta Marina Nunez, Adversary Proceeding Case Number:

21-01157

Plaintiff,

v.

Wilmington Savings Fund Society, 

Defendant.

 / 

AMENDED COMPLAINT TO AVOID A PREFERENCE PURSUANT 

TO 11 U.S.C. § 547(b) AND OTHER RELATED RELIEF

COMES NOW the Plaintiff, VIOLETA MARINA NUNEZ, (referred to hereafter as

“Debtor” or “Plaintiff”), by and through her undersigned counsel and brings this Amended

Complaint against Wilmington Savings Fund Society, (referred to hereafter as “Creditor” or

“Defendant”), to avoid a preference and recover property pursuant to 11. U.S.C. § 547, 550 and

551 and other related relief. In support of the Complaint the Debtor respectfully alleges as

follows: 

PARTIES

1. The Plaintiff is the Debtor in the above captioned bankruptcy case having filed a

Chapter 13 Bankruptcy Petition in this Court on or about May 18, 2021. 

2. The Debtor’s address is 14920 SW 82nd Lane, Miami, FL 33193-3112. 

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3. The Defendant is a bank insured by the FDIC. It is the holder of the Note

connected to the Mortgage on the Property, which as noted above is the Debtor’s

principal residence, for which the Debtor Plaintiff is liable. The Defendant’s

address, listed on page 2 of the Final Judgment is: 939 W. North Avenue, Suite

680, Chicago, IL 60642. The address for Wilmington Savings Fund Society, FSB

listed in the FDIC website is 500 Delaware Avenue, Wilmington, DE 19801.

Under information and belief, Rodger Levenson has been the CEO of Wilmington

Savings Fund Society, FSB., since January 1, 2019.

JURISDICTION AND VENUE

4. This is an adversary proceeding instituted pursuant to Rule 7001(2) of the Federal

Rules of Bankruptcy Procedure.

 5. This Court has jurisdiction over this adversary proceeding and the claims asserted

herein pursuant to 28 U.S.C. §1334(b).

6. This matter constitutes a core proceeding pursuant to 28 U.S.C. §157(b)(2)(A),

(H) and (O).

7. Venue properly lies in the Southern District of Florida pursuant to 28 U.S.C.

§1409(a).

FACTS COMMON TO ALL COUNTS

8. Prior to April 13, 2021, the Debtor owned certain real property located at 14920

SW 82nd Lane, Miami, FL 33193-3112 (the “Property”). The Property is the

Plaintiff’s homestead and family residence.

9. Wilmington Savings Fund Society (the “Defendant”) filed a complaint to

foreclose the mortgage on the Property on August 25, 2020 in the Circuit Court of

the Eleventh Judicial Circuit in and for Miami-Dade County, Florida with Case

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Number 2020-017983-CA-01 (The “Foreclosure Complaint”).

10. A Final Judgment was entered in the Foreclosure Complaint on January 27, 2021

in the amount of $150,164.85.

11. In the Final Judgment the sale of the Property was set for April 7, 2021 at 9:00

AM. The sale of the Property was ultimately held on April 13, 2021 and the

Defendant was the successful bidder utilizing its Foreclosure Judgment to

purchase the Property at the Foreclosure Sale. A copy of the Certificate of Sale is

attached hereto and incorporated herein and reflects that the property sold for

$69,100.00.

12. At the time of the sale, the Property was worth $192,000.00.

13. The Waterview Condo Association, Inc., is a Condominium Association which is

owed approximately $6,098.18, which includes regular assessments as well as

special assessments on the Property. 

14. The Debtor Plaintiff is proposing a feasible plan which provides for paying back

over five (5) years the arrearages owed to the Defendant as well as to the

Condominium Association. The Condominium Association pursuant to Florida

law will not be paid the full amount owed if the foreclosure sale is not vacated.

11 U.S.C. SECTION 547(b) ACTION

15. The Plaintiff alleges a violation of 11 U.S.C. § 547(b) and further alleges that at

the time of the foreclosure Plaintiff was insolvent.

16. The Defendant received more than it would have received under a Chapter 7,

because it was only owed $150,164.85 and received the Property which was worth

$192,000.00. 

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17. Pursuant to 11 U.S.C. 547 as incorporated by 11 U.S.C. § 522(h), Plaintiff seeks

an avoidance of the transfer of property resulting from the April 13, 2021

foreclosure.

PRAYER

18. Accordingly, Plaintiff prays the Foreclosure Sale be vacated on the “Property”

pursuant to 11 U.S.C. § 547(b) and any other relief Plaintiff may be justly entitled

to receive.

WHEREFORE, the above reasons Debtor prays this Honorable Court enter a Judgment

Vacating the Foreclosure Sale on the “Property.”

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing along with the

accompanying Notice of Hearing was mailed this 25th day of June 2021, to Nancy K. Neidich,

Trustee, (via NEF), Wilmington Savings Fund Society, c/o Elizabeth R Brusa, Esq., via NEF

and Debtor in the instant case via regular mail.

I HEREBY CERTIFY that I am admitted to the Bar of the United States Bankruptcy

Court for the Southern District of Florida and I am in compliance with the additional

qualifications to practice in this court set forth in Local Rule 2090-1-A.

 /s/Laila S. Gonzalez 

FREIRE & GONZALEZ, P.A.

Attorneys for Debtor(s)

Edward Freire, Esq. FBN: 0813771

Laila S. Gonzalez, Esq. FBN: 0975291

Gianny Blanco, Esq. FBN: 0078080

10691 N. Kendall Dr., Suite 207

Miami, FL 33176

Tel: 305-826-1774 

Fax: 305-826-1794 

courtdoc@fgbkc.com

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