UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA - MIAMI DIVISION 

IN RE: 

CHRISTOPHER NIMETH , CASE NO.: 21-16573-LMI 

CHAPTER 13 

 Debtor(s). 

______________________________________/ 

JOINT MOTION TO ALLOW LATE FILED CLAIM #9 

Subject Property: 8431 SW 27th Lane, Miami, Florida 33155 

Creditor, 722 Leveling Up, LLC (the “Creditor”), by and through its undersigned counsel, 

hereby moves this Court for entry of an Order allowing its late filed Proof of Claim #9 (“Claim”) 

and, in support thereof, states as follows: 

1. Summary of Motion: Creditor seeks authorization to file a Proof of Claim in the 

instant case in which the claims deadline had passed but Debtor is seeking to have a review of 

the loan which is secured by Creditor’s Claim. Creditor’s counsel has reached out to the Debtor 

and they have indicated no opposition to the filing of Creditor’s claim. 

2. Summary of Facts: The Debtor filed this voluntary Chapter 13 proceeding on July 

1, 2021. The Creditor is a secured creditor through the Note and Mortgage executed on May 11, 

2007 in the amount of $293,900.00 which merged into a Final Judgment of foreclosure on July 

25, 2018. The Creditor holds a security interest in the subject property located at 8431 SW 27th 

Lane, Miami, Florida 33155 (“Property”), more fully described as:

LOT 14, BLOCK 31, CORAL WAY VILLAGE SECTION AP ART FIVE, 

ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 65, 

PAGE 17, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 

3. On October 26, 2021, Creditor filed a Proof of Claim docketed in the Claims 

Register as Claim #9. 

4. Therefore, Creditor seeks authorization to have its claim admitted as provided by 

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the Proof of Claim in the instant case. 

5. Creditor will be severely prejudiced if it is not allowed to file Claim evidencing the 

accurate debt owed to it by the Debtor as Debtor is seeking to modify the subject loan which is 

secured by Creditor’s Claim. The prejudice to Creditor will greatly outweigh any prejudice to any 

other creditor as well. 

6. A copy of the Proof of Claim is attached hereto and made a part hereof as Exhibit 

“A.” 

WHEREFORE, Creditor respectfully requests that this Court enter an Order granting this 

Motion, allowing Creditor to file its Proof of Claim #9 as Debtor has not indicated any opposition 

to the claim being filed, and for such other and further relief as this Court deems just and proper. 

/s/ Ida A. Moghimi-Kian /s/ Jose P. Funcia 

Diaz Anselmo & Associates, P.A. Jose P. Funcia, Esq. 

Florida Bar No.56395 Florida Bar No. 698210 

Attorney for Creditor Attorney for Debtor 

PO BOX 19519 9555 N Kendall Dr. #211 

Fort Lauderdale, Fl 33318 Miami, Fl 33176 

IMoghimi-Kian@dallegal.com millerfunciaecf2@gmail.com 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on this day, November 2, 2021, a copy of the foregoing was furnished 

electronically and/or via first class U.S. Mail upon: 

CHRISTOPHER NIMETH 

8431 SW 27 LANE 

MIAMI, FL 33155 

Debtor(s) 

Case 21-16573-LMI Doc 40 Filed 11/02/21 Page 2 of 3
JOSE P FUNCIA 

9555 N KENDALL DR. #211 

MIAMI, FL 33176 

Attorney for Debtor(s)

 

NANCY K. NEIDICH 

PO BOX 279806 

MIRAMAR, FL 33027 

Trustee 

UNITED STATES TRUSTEE 

OFFICE OF THE U.S. TRUSTEE 

51 S.W. 1ST AVE. SUITE 1204 

MIAMI, FL 33130 

U.S. Trustee

 

 Diaz Anselmo & Associates, P.A. 

 Attorneys for Creditor (SHD No. 3001-3180717) 

 PO BOX 19519 

 Fort Lauderdale, FL 33318 

 Phone: (954) 564-0071 

 Fax: (954) 564-9252 

 By: /s/ Ida A. Moghimi-Kian 

 Ida A. Moghimi-Kian 

 Florida Bar No.56395 

 IMoghimi-Kian@dallegal.com 

Case 21-16573-LMI Doc 40 Filed 11/02/21 Page 3 of 3