JOHN L. PENSON, P.A. 

1900 Sunset Harbour Drive, 2nd Floor Annex, Miami Beach, FL 33139∙ 

Tel: 305- 532-1400; Fax: 305-675-6390

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

IN RE:

MARK KREISLER, CASE NO: 21-21464-RAM

Chapter 13

 Debtor.

_________________________/

MOTION FOR ENTRY OF FINAL JUDGMENT

COMES NOW, the Record Title Owner/Secured Creditor, ARCPE 1, LLC as assignee of 

5AIF MAPLE 2, LLC, (“Movant”), by and through its undersigned counsel, hereby seeks the entry 

of a Final Judgment against the Debtor, the Debtor’s Counsel, and the Debtor’s Counsel’s Law 

Firm as more fully set forth below pursuant to this Court’s April 22, 2022 Order Sanctioning the 

Debtor’s Counsel (DE #37), and in support thereof, states as follows:

1. On December 28, 2021, the Court entered its Order Dismissing Case with Prejudice, 

Granting Prospective Relief from Stay and Setting Prehearing Conference and Briefing 

Deadlines on Request for Sanctions (the “Dismissal Order”) [DE# 18] which went 

unchallenged.

2. The Scheduling Order set a final evidentiary hearing on the Sanctions Request for April 

20, 2022.

3. At the start of the April 20, 2022 hearing, the Debtor stipulated to entry of a sanctions 

award against him in the amount of $79,754.60.

4. The Court awarded sanctions in favor of ARCPE and against the Debtor, Mark Kreisler, in 

the total amount of $79,754.60.

Case 21-21464-RAM Doc 44 Filed 05/31/22 Page 1 of 6
Case No.: 21-21464-RAM

2

JOHN L. PENSON, P.A. 

1900 Sunset Harbour Drive, 2nd Floor Annex, Miami Beach, FL 33139∙ 

Tel: 305- 532-1400; Fax: 305-675-6390

5. By agreement, ARCPE’s right to entry of a judgment for the $36,000 portion of the award 

was deferred until final disposition of an appeal pending in the Third District Court of 

Appeal, 5725 LaGorce Partners, LLC v. 5AIF Maple 2, LLC, Case No. 3D21-1756. 

6. In similar fashion, this Court also found that pursuant to Fed. R. Bankr. P. 9011, the 

Debtor’s attorney, Julio Marrero, Esq. (“Mr. Marrero”), and his law firm, Marrero, 

Chamizo, Marcer Law, L.P. (the “Marrero Firm”) were jointly and severally liable, with 

the Debtor, for the attorney’s fees portion of the sanctions entered in the amount of 

$23,705.00 subject to the disposition of the Appeal set forth above.

7. That on May 25, 2022, the This District Court of Appeal affirmed the Trial Court order 

overruling the Debtor’s and his Limited Liability Company’s Objection to the Jun 4, 2021 

foreclosure sale. Exhibit “A.”

8. As such, ARCPE hereby seeks the entry of a Final Judgment against the Debtor in the 

amount of $36,000 and a judgment against Mr. Marrero and the Marrero Firm in the 

amount of $23,705.00 as Ordered by the Court on April 22, 2022. 

WHEREFORE, the Secured Creditor, Movant respectfully requests the entry of a Final 

Judgment against the Debtor, Mr. Marrero and the Marrero Firm as set forth and consistent with 

this Court’s April 22, 2022 Order (DE #37), and for such further relief as this Court deems just 

and proper.

I HEREBY CERTIFY that I am admitted to the bar of the United States District 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).

Case 21-21464-RAM Doc 44 Filed 05/31/22 Page 2 of 6
Case No.: 21-21464-RAM

3

JOHN L. PENSON, P.A. 

1900 Sunset Harbour Drive, 2nd Floor Annex, Miami Beach, FL 33139∙ 

Tel: 305- 532-1400; Fax: 305-675-6390

CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy of the foregoing was filed via 

electronic filing the CM/ECF system with the Clerk of Court, which sent email notification of such 

filing to all CM/ECF participants in this case, and also via U.S. Mail to Marrero, Chamizo, Marcer 

Law LP, 3850 Bird Road, Coral Gables, FL 33146, Bankruptcy@marrerolawfirm.com, Attorney 

for Debtor, Mark Kreisler; Trustee, Nancy K. Neidich, POB 279806, Miramar, FL 33024; U.S. 

Trustee. Office of the US Trustee 51 S.W. 1st Ave. Suite 1204 Miami, FL 33130 on May 31, 2022.

/s/ John L. Penson

John Penson, Esq.

Florida Bar No.:111686

JOHN L. PENSON, P.A.

1900 Sunset Harbour Drive, 2nd Floor Annex

Miami Beach, FL 33139

Primary Email: pensonservice@gmail.com

Secondary Email: john@pensonlaw.org 

Telephone: (305) 532-1400

Facsimile: (305) 675-6390 

Case 21-21464-RAM Doc 44 Filed 05/31/22 Page 3 of 6
Exhibit “A”

Case 21-21464-RAM Doc 44 Filed 05/31/22 Page 4 of 6
Third District Court of Appeal

State of Florida

Opinion filed May 25, 2022.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-1756

Lower Tribunal No. 19-5959

________________

5725 Lagorce Partners, LLC,

Appellant,

vs.

5AIF Maple 2 LLC,

Appellee.

An Appeal from a non-final order from the Circuit Court for Miami-Dade 

County, Migna Sanchez-Llorens, Judge.

Marrero, Chamizo, Marcer Law, LP, and Julio C. Marrero, for 

appellant.

John L. Penson, P.A., and John L. Penson, for appellee.

Before EMAS, MILLER and BOKOR, JJ. 

PER CURIAM. 

Case 21-21464-RAM Doc 44 Filed 05/31/22 Page 5 of 6
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Affirmed. See Tanis v. HSBC Bank USA, N.A., 289 So. 3d 517, 522 

(Fla. 3d DCA 2019) (“‘[I]t is essential that no sale be set aside for trifling 

reasons, or on account of matters which ought to have been attended to by 

the complaining party prior thereto,’ as appellants were apprised of the 

pendency of the action, thus afforded an opportunity to object, we ascertain 

no abuse of discretion in the ruling of the trial court”) (quoting Pewabic Mining 

Co. v. Mason, 145 U.S. 349, 356 (1892)). See also Volynsky v. Park Tree 

Invs. 21, LLC, 322 So. 3d 714, 716 (Fla. 3d DCA 2021) (“[T]he trial court 

afforded Volynsky both notice and a meaningful opportunity to be heard, 

satisfying the essential elements of due process”) (citing § 45.031(8), Fla. 

Stat. (2021)).

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