UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

www.flsb.uscourts.gov

In re: 

Case No.: 21-10421-RAM

Chapter 13

MARINA KOROLYOVA,

Debtor.

_________________________________/ 

MOTION TO COMPEL DEBTOR TO FILE A 

MODIFIED PLAN, OR IN THE ALTERNATIVE, MOTION TO DISMISS CASE 

Secured Creditor, SN SERVICING CORPORATION AS SERVICER FOR U.S. 

BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF THE DWELLING 

SERIES IV TRUST, (“Secured Creditor”), by and through its undersigned attorney, hereby files 

this Motion to Compel Debtor to file a Modified Chapter 13 Plan or in the Alternative, Motion to 

Dismiss Case. In support of its Motion, Secured Creditor states as follows: 

1. On January 18, 2021 (the “Petition Date”), the Debtor Marina Korolyova (the 

Debtor”) filed its voluntary Petition under Chapter 13 of the United States Bankruptcy Code 

[D.E. 1].

2. On March 11, 2021, the Debtor filed an Ex-Parte Verified Motion for Referral to 

Mortgage Modification Mediation [D.E. 31] with Secured Creditor.

3. On March 12, 2021, this Court entered the Order Granting Verified Ex-Parte

Motion for Referral to Mortgage Modification Mediation [D.E. 35] (the “MMM Order”).

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4. On March 17, 2021, Secured Creditor timely filed its secured proof of claim 

(Claim # 3-1) (the “Claim”) which reflected a secured claim in the amount of $1,227,353.21, 

with arrearage amount of $668,630.46, and on-going mortgage payments of $8,451.80.

5. On February 3, 2022, the Debtor filed its Twelfth Amended Chapter 13 Plan 

[D.E. 152] (the “Plan”) which included a MMM Adequate Protection payment of $3,534.33. 

6. On February 10, 2022, this Court entered the Order Confirming Twelfth

Amended Plan [D.E. 158].

7. On July 22, 2022, the Mediator Stacy Bressler filed a Final Report of Loss 

Mitigation/Mortgage Modification Mediator [D.E 173] (the “Final Report”) indicating that the 

parties did not reach an agreement. 

8. Pursuant to the Plan, “[I]f the lender and the debtor fail to reach a settlement, 

then no later than 14 calendar days after the mediator’s Final Report is filed, the debtor will 

amend or modify the plan to (a) conform to the lender’s Proof of Claim (if the lender has filed a 

Proof of Claim), without limiting the Debtor’s right to object to the claim or proceed with a 

motion to value; or (b) provide that the real property will be “treated outside the plan. If the 

property is “treated outside the plan,” the lender will be entitled to in rem stay relief to pursue 

available state court remedies against the property. Notwithstanding the foregoing, lender may 

file a motion to confirm that the automatic 

9. More than 14 calendar days have lapsed since the completion of the mortgage 

modification mediation and the filing of the Final Report. However, to date, the Debtor has not 

filed a motion to modify plan nor a modified plan that conforms to the Claim or provides for the 

surrender of the Property or for treatment outside of the Plan.

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10. Secured Creditor further asserts that the Property is diminishing and decreasing in 

value will continue to do so by virtue of the continued use of the Property and given the current 

market history in the area in which the Property is located.

11. Secured Creditor has expended additional attorney’s fees associated with the 

filing of this instant Motion and seeks recovery of same. 

12. Pursuant to 11 U.S.C § 1307(c)(1) and 11 U.S.C § 1307(c)(6), on request of a 

party in interest, the court may dismiss a case for cause including unreasonable delay by the 

Debtor that is prejudicial to creditors or a material default by the Debtor with respect to a term of 

a confirmed plan. The Debtor’s failure to modify the plan within the 14 days required by the 

confirmed plan is a material default caused by unreasonable delay that is extremely prejudicial to 

Secured Creditor. In light of the unsuccessful mediation and the large arrearage balance on the 

Claim, it is very unlikely that the Debtor will propose a confirmable plan that addresses Secured 

Creditor’s claim. Therefore, the unreasonable delay by the Debtor in modifying the plan 

prejudices Secured Creditor as Secured Creditor has been stayed from exercising its state court 

rights since January 2021.

13. Secured Creditor seeks entry of an order directing Debtor to (i) file a modified 

plan that either conforms to Secured Creditor’s Claim and supplemental claims or denotes that 

the subject property is to be “treated outside the Plan” or that the subject property is to be 

surrendered to Secured Creditor within seven (7) days and if the Debtor fails to do so, this Case 

will be dismissed, (ii) to pay Secured Creditor reasonable attorney’s fee associated with the 

prosecution of this Motion, and (iii) allows Secured Creditor to pursue its in rem remedies in 

state court against the subject property.

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WHEREFORE, Secured Creditor, prays that this Court grant the Motion to Compel 

Debtor to File a Modified Chapter 13 Plan or in the Alternative, Motion to Dismiss Case, 

awarding attorney’s fees for the prosecution of this Motion, and granting any further relief that 

this Court deems just and proper.

Dated this 11th day of August, 2022.

Respectfully submitted,

GHIDOTTI ǀ BERGER, LLP

Attorneys for Secured Creditor

1031 N Miami Beach Blvd,

N Miami Beach, Florida 33162

Telephone: (305) 501.2808

Facsimile: (954) 780.5578

By: /s/ Melbalynn Fisher 

Melbalynn Fisher, Esq.

Florida Bar No. 107698

mfisher@ghidottiberger.com

CERTIFICATE PURSUANT TO LOCAL RULE 9011-4 (B)(1)

I 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 as set forth in Local Rule 2090-1(A).

By: /s/ Melbalynn Fisher

 Melbalynn Fisher, Esq.

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on August 11, 2022, I electronically filed the foregoing 

document with the Clerk of the Court using CM/ECF. 

I also certify that the foregoing document is being served this day, either via transmission 

of Notice of Electronic Filing generated by CM/ECF or by first class U.S. Mail, upon:

Debtor

Marina Korolyova

16645 SW 87 Ct

Miami, FL 33157

Debtor’s Counsel

Michael A. Frank, Esq.

Law Offices of Frank & De La Guardia

2000 Northwest 89th Place

Suite 201

Doral, FL 33172

U.S. Trustee

Office of the US Trustee

51 S.W. 1st Avenue - Suite 1204

Miami, FL 33130

Trustee

Nancy K. Neidich

POB 279806

Miramar, FL 33027

By: /s/ Melbalynn Fisher

 Melbalynn Fisher, Esq.

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