United States Bankruptcy Court

Southern District of Florida

In re: Case No. 21-20622-PDR

Samuel Fitzgerald Worrell Chapter 13

Debtor

CERTIFICATE OF NOTICE

District/off: 113C-0 User: rodriguez Page 1 of 2

Date Rcvd: Mar 01, 2022 Form ID: pdf004 Total Noticed: 3

The following symbols are used throughout this certificate:

Symbol Definition

+ Addresses marked '+' were corrected by inserting the ZIP, adding the last four digits to complete the zip +4, or replacing an incorrect ZIP. USPS

regulations require that automation-compatible mail display the correct ZIP.

Notice by first class mail was sent to the following persons/entities by the Bankruptcy Noticing Center on Mar 03, 2022:

Recip ID Recipient Name and Address

db + Samuel Fitzgerald Worrell, 7420 NW 41 Court, Lauderhill, FL 33319-3902

TOTAL: 1

Notice by electronic transmission was sent to the following persons/entities by the Bankruptcy Noticing Center.

Electronic transmission includes sending notices via email (Email/text and Email/PDF), and electronic data interchange (EDI). Electronic transmission is in Eastern

Standard Time.

Recip ID Notice Type: Email Address Date/Time Recipient Name and Address

cr + Email/Text: RASEBN@raslg.com

Mar 01 2022 22:26:00 HSBC BANK USA, N.A., 6409 Congress Avenue,

Ste 100, Boca Raton, FL 33487-2853

cr + Email/Text: RASEBN@raslg.com

Mar 01 2022 22:26:00 NEWREZ LLC D/B/A SHELLPOINT

MORTGAGE SERVICING, Robertson, Anschutz,

Schneid, Crane & Pa, 6409 Congress Avenue,

Suite 100, Boca Raton, FL 33487-2853

TOTAL: 2

BYPASSED RECIPIENTS 

The following addresses were not sent this bankruptcy notice due to an undeliverable address, *duplicate of an address listed above, *P duplicate of a

preferred address, or ## out of date forwarding orders with USPS.

NONE

NOTICE CERTIFICATION

I, Joseph Speetjens, declare under the penalty of perjury that I have sent the attached document to the above listed entities

in the manner shown, and prepared the Certificate of Notice and that it is true and correct to the best of my information and

belief.

Meeting of Creditor Notices only (Official Form 309): Pursuant to Fed .R. Bank. P.2002(a)(1), a notice containing the

complete Social Security Number (SSN) of the debtor(s) was furnished to all parties listed. This official court copy contains

the redacted SSN as required by the bankruptcy rules and the Judiciary's privacy policies.

Date: Mar 03, 2022 Signature: /s/Joseph Speetjens

CM/ECF NOTICE OF ELECTRONIC FILING

The following persons/entities were sent notice through the court's CM/ECF electronic mail (Email) system on March 1, 2022 at the address(es) listed

below:

Name Email Address

April Harriott

on behalf of Creditor NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING aharriott@raslg.com 

Keith S Labell

on behalf of Creditor HSBC BANK USA N.A. klabell@raslg.com, klabell@raslg.com

Case 21-20622-PDR Doc 49 Filed 03/03/22 Page 1 of 7
District/off: 113C-0 User: rodriguez Page 2 of 2

Date Rcvd: Mar 01, 2022 Form ID: pdf004 Total Noticed: 3

Keith S Labell

on behalf of Creditor NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING klabell@raslg.com klabell@raslg.com

Office of the US Trustee

USTPRegion21.MM.ECF@usdoj.gov 

Robin R Weiner

ecf@ch13weiner.com ecf2@ch13weiner.com

TOTAL: 5

Case 21-20622-PDR Doc 49 Filed 03/03/22 Page 2 of 7
Page 1 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

IN RE: 

Samuel Fitzgerald Worrell, 

Debtor. 

_______________________________/ 

CASE NO.: 21-20622-PDR 

 CHAPTER 13 

ORDER SETTING REQUIREMENTS FOR EVIDENTIARY 

HEARING AND ESTABLISHING RELATED DEADLINES 

THIS MATTER came before the Court on February 25, 2022 upon the Secured 

&UHGLWRU¶V2EMHFWLRQWR&RQILUPDWLRQ(&)6HFXUHG&UHGLWRU¶V0RWLRQ)RU3URVSHFWLYH

In-Rem Relief From Automatic Stay For A Period Of Two Years (ECF 26), the Secured 

&UHGLWRU¶V 5HVSRQVHWR 2bjection to Claim of NewRez LLC d/b/a Shellpoint Mortgage 

Servicing (ECF 36), related Response (ECF #30) filed by Debtor Samuel Fitzgerald and 

Pro Se Debtor¶s Renewed Objections to Short-Fused Rushed Scheduling of Evidentiary 

Hearing before Debtor is Served, Can Parole its Evidence, or Ready to Prove its Case 

re: (41 Order Setting Hearing, 42 Order Setting Hearing) (ECF 47) WKH30RWLRQV ́. The 

Court heard the arguments of the Parties and, Accordingly, the Court ORDERS as 

follows: 

 1. Pro Se Debtor¶s Renewed Objections to Short-Fused Rushed Scheduling of 

Evidentiary Hearing before Debtor is Served, Can Parole its Evidence, or Ready to Prove 

its Case re: (41 Order Setting Hearing, 42 Order Setting Hearing) (ECF 47) is Granted in 

part. 

Peter D. Russin, Judge 

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on February 28, 2022.

Case 21-20622-PDR Doc 49 Filed 03/03/22 Page 3 of 7
Page 2 

 2. EVIDENTIARY HEARING; SERVICE. The Court will hold an evidentiary 

hearing on the Motions on March 15, 2022 at 10:00 a.m. before the Honorable Peter D. 

Russin. The Court has reserved two (2) hours for this matter. The Movant shall serve a 

copy of this order on all appropriate parties and file a certificate of service thereof as 

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 The hearing will be held remotely using the services of Zoom Video Communications, 

Inc. 3=RRP ́ZKLFKSHUPLWVUHPRWHSDUWLFLSDWLRQE\YLGHRRUE\WHOHSKRQH7RSDUWLFLSDWH

in the hearing remotely via Zoom (whether by video or by telephone), you must register 

in advance no later than 4:00 p.m., one business day before the date of the hearing. To 

register, click the link below or manually enter the link in a browser: 

https://www.zoomgov.com/meeting/register/JItcOqurD4qHUbwAimENeAkZ7QUKGhcZ7

k 

Zoom will provide a password-protected link for the appropriate video conference to those 

who register to participate and who have been approved by the Court. 

All participants (whether attending in person or remotely) must observe the formalities of 

the courtroom, exercise civility, and otherwise conduct themselves in a manner consistent 

with the dignity of the Court. This includes appropriate courtroom attire for those 

participants appearing in person or by video. 

 3. PUBLIC ACCESS. The evidentiary hearing scheduled by this order is a 

public matter. Although usually the public may only attend a live hearing, because the 

number of persons in the courtroom continues to be limited, the general public is invited 

to listen to the hearing by telephone. Any person wishing to listen to the hearing by 

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page. 

 4. RECORDING PROHIBITED; OFFICIAL RECORD. No person may record 

the proceedings from any location by any means. The audio recording created and 

maintained by the Court shall be the sole basis for creation of a transcript that constitutes 

the official record of the evidentiary hearing. 

 5. MEDIATION. Pursuant to Local Rule 9019-2, the Court may order the 

assignment of this contested matter to mediation or judicial settlement conference at any 

time, upon the request of a party or sua sponte. 

 6. DISCOVERY. Should either party wish to obtain leave to conduct further 

discovery, an expedited motion must be filed no later than March 8, 2022. The Court will 

only grant if good cause is shown. 

 7. WITNESS LISTS. All parties must exchange and file with the Court witness 

lists no later than March 8, 2022 at 4:00 p.m., identifying all fact and expert witnesses 

Case 21-20622-PDR Doc 49 Filed 03/03/22 Page 4 of 7
Page 3 

each party intends to call at the evidentiary hearing (other than rebuttal or impeachment 

witnesses). 

 8. SUBMISSION AND EXCHANGE OF EXHIBITS. All parties must submit 

and exchange all exhibits no later than March 8, 2022 by 4:00 p.m., pursuant to the 

requirements of Local Rule 9070-1, which requires all parties to upload exhibits through 

CM/ECF, with some exceptions where any party is not represented by counsel. 

Additionally, all exhibits must submit via email and overnight delivery. 

If any party intends to offer in evidence at the evidentiary hearing a summary, chart or 

calculation to prove content as permitted by Federal Rule of Evidence 1006, that party 

must provide to the other parties a notice of the location(s) of the books, records, and the 

like, from which each summary has been made, and the reasonable times when they may 

be inspected and copied by adverse parties. More voluminous documents may require 

earlier notice of intent to use a summary. 

 9. OBJECTIONS TO EXHIBITS. All objections will be heard at hearing set on 

March 15, 2022, at 10:00 a.m. 

 10. REMOTE WITNESS TESTIMONY. The Court has found that good cause 

under Federal Rule of Civil Procedure 43(a) (made applicable by Federal Rule of 

Bankruptcy Procedure 9017), has been shown for remote testimony for witnesses. 

 11. RESPONSIBILITY FOR REMOTE WITNESSES. The party sponsoring 

each remote witness shall be responsible for ensuring that the remote witness has 

registered for the video conference, has obtained all exhibits prior to the hearing, has 

registered with Zoom, and has equipment and internet service sufficient to permit 

participation in the evidentiary hearing. 

 12. DIRECT TESTIMONY BY DECLARATION$WHDFKSDUW\¶VRSWLRQH[FHSW

in a contested matter where a party is self-represented, the direct testimony of any 

witness, except an adverse, hostile, or rebuttal witness, may be presented by sworn 

declaration consisting of a succinct written statement of the direct testimony that the 

witness would be prepared to give if questions were propounded in the usual fashion at 

the hearing. If a party offers a sworn declaration in lieu of direct testimony: 

 A. The statement shall substantially conform to Local Form 63B and

shall be signed by the declarant under penalty of perjury; 

 B. Each statement of fact shall be separate, shall be sequentially 

numbered, and shall contain only facts that are relevant and material to the contested 

issue before the Court, avoiding redundancies, hearsay, and other obviously 

objectionable statements; 

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RIIDFW ́

Case 21-20622-PDR Doc 49 Filed 03/03/22 Page 5 of 7
Page 4 

 D. The original sworn declaration of fact shall be marked as a proposed

exhibit and filed and delivered as otherwise required by this Order; 

 E. Objections to any portion of a sworn declaration of fact may be raised 

at the time the sworn declaration of fact is offered to the Court. The witness shall then be 

sworn in and asked if the sworn declaration of fact correctly reflects the testimony that 

would be given if the witness was asked the appropriate questions. Opposing counsel 

may then cross-examine the witness. At the conclusion of cross-examination, the party 

whose witness is on the stand may conduct redirect examination in the usual manner; 

and 

 F. The Court may require that direct testimony be provided in the usual 

manner during the hearing even if a sworn declaration of fact is offered. 

 13. CONDUCT DURING EVIDENTIARY HEARING. Other than the attorneys 

questioning a witness on direct examination or cross-examination, no person shall 

communicate with a witness during his or her testimony unless specifically authorized by 

the Court. 

 14. FINAL ARGUMENT. At the conclusion of the evidentiary hearing, in lieu of 

final argument, the Court may request that each party file with the Court (a) a written 

closing statement with supporting legal argument or (b) a proposed memorandum opinion 

with findings of fact and conclusions of law with a separate proposed final judgment. Each 

submission must contain individually numbered paragraphs and follow the formatting 

UHTXLUHPHQWVVHWIRUWKLQ3DUW7ZRRIWKH&RXUW¶VGuidelines for Preparing, Submitting, 

and Serving Orders. Each proposed finding of fact must be supported by a citation to the 

record, or it will be disregarded. Each proposed conclusion of law must be supported by 

a citation to applicable law, or it will be disregarded. Absent prior permission of the Court, 

submissions may not exceed a total of twenty pages. If specifically requested, the Court 

may also direct the parties to submit a copy of the proposed memorandum opinion with 

findings of fact and conclusions of law, along with a copy of the separate proposed final 

judgment, in word processing format to an electronic mailbox designated by the Court. 

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the date of the relevant hearing. 

 15. 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 evidentiary hearing. If a stipulation and motion are not submitted to the 

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

Case 21-20622-PDR Doc 49 Filed 03/03/22 Page 6 of 7
Page 5 

the Court did not approve the settlement, in which case the matter will be reset for hearing 

at a later date. 

 16. SANCTIONS. Failure to appear at the evidentiary hearing or to comply with 

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

DWWRUQH\¶VIHHVVWULNLQJRISDSHUVexclusion of exhibits or witnesses, or the granting or 

denial of the Motion. 

 17. CONTINUANCES. Continuances of the evidentiary hearing or any 

deadlines set forth in this order must be requested by written motion. Any request for 

continuance or amendment to this order must set forth the status of discovery, including 

exchange of disclosures required under this order, must state the reasons why the party 

or parties seek a continuance, and must state whether the client and other parties consent 

to a continuance. The stipulation of all parties is not sufficient grounds, standing alone, 

for a continuance. 

### 

Copy to: Samuel Fitzgerald Worrell, Pro Se 

Case 21-20622-PDR Doc 49 Filed 03/03/22 Page 7 of 7