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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

In re: Case No. 21-12632-AJC

Chapter 11

LE JEUNE VILLAS DEVELOPMENT, LLC,

EIN: 83-1664050

Debtor.

______________________________________/

CABALLERO HOME INVESTMENTS CORP.’S AMENDED MOTION TO DISMISS

BANKRUPTCY CASE WITH PREJUDICE, FOR RELIEF FROM AUTOMATIC STAY

AND FOR ADDITIONAL PROSPECTIVE IN REM RELIEF AGAINST REAL PROPERTY

CABALLERO HOME INVESTMENTS CORP. (“Caballero”), its successors

and/or assigns, the third party purchaser of property formally owned by the Debtor at foreclosure

sale, moves the Court for entry of an order dismissing this bankruptcy case with prejudice, granting

it relief from the automatic stay imposed under 11 U.S.C. § 362(a) as well as for prospective in rem

relief against real property, and would show:

1. Caballero’s Motion is being amended to include the legal descriptions of the

property at issue in this case. 

I. – DEBTOR’S INTEREST IN THE PROPERTY:

2. On March 21, 1996, Christ Temple Church, Inc. dba Marriage and Family

Enrichment nka Marriage and Family Enrichment Center, Inc. (“Marriage and Family Enrichment”)

of which James Goosby (“Goosby”), the principal of the Debtor, is now President (Exhibit “A”), by

and through its then president, John Hopkins, transferred by warranty deed the following described

properties (collectively, the “Property”) situate and lying in Miami-Dade County, Florida, for alleged

consideration of $110,000 to Goosby and as witnessed by Goosby himself and as recorded in ORB

17137/PG 3520 on March 22, 1996 (Exhibit”B”), to wit:

Folio Number: Legal Description:

34-2108-019-0630 Lot 6, Block 22,in Del Prado Gardens Section Three, according to the

Plat thereof, as recorded in Plat Book 123, at Page 100, of the Public

Records of Miami-Dade County, Florida.

34-2108-019-0610 Lot 4, Block 22,in Del Prado Gardens Section Three, according to the

Plat thereof, as recorded in Plat Book 123, at Page 100, of the Public

Records of Miami-Dade County, Florida.

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34-2108-020-0600 Lot 1, Block 34,in Del Prado Gardens Section Four, according to the

Plat thereof, as recorded in Plat Book 132, at Page 32, of the Public

Records of Miami-Dade County, Florida.

34-2108-020-0620 Lot 3, Block 34,in Del Prado Gardens Section Four, according to the

Plat thereof, as recorded in Plat Book 132, at Page 32, of the Public

Records of Miami-Dade County, Florida.

34-2108-020-0730 Lot 3, Block 35,in Del Prado Gardens Section Four, according to the

Plat thereof, as recorded in Plat Book 132, at Page 32, of the Public

Records of Miami-Dade County, Florida.

34-2108-019-0580 Lot 1, Block 22,in Del Prado Gardens Section Three, according to the

Plat thereof, as recorded in Plat Book 123, at Page 100, of the Public

Records of Miami-Dade County, Florida.

34-2108-019-0590 Lot 2, Block 22,in Del Prado Gardens Section Three, according to the

Plat thereof, as recorded in Plat Book 123, at Page 100, of the Public

Records of Miami-Dade County, Florida.

34-2108-019-0600 Lot 3, Block 22,in Del Prado Gardens Section Three, according to the

Plat thereof, as recorded in Plat Book 123, at Page 100, of the Public

Records of Miami-Dade County, Florida.

34-2108-019-0620 Lot 5, Block 22,in Del Prado Gardens Section Three, according to the

Plat thereof, as recorded in Plat Book 123, at Page 100, of the Public

Records of Miami-Dade County, Florida.

34-2108-019-0700 Lot 1, Block 24,in Del Prado Gardens Section Three, according to the

Plat thereof, as recorded in Plat Book 123, at Page 100, of the Public

Records of Miami-Dade County, Florida.

34-2108-019-0710 Lot 2, Block 24,in Del Prado Gardens Section Three, according to the

Plat thereof, as recorded in Plat Book 123, at Page 100, of the Public

Records of Miami-Dade County, Florida.

34-2108-020-0610 Lot 2, Block 34,in Del Prado Gardens Section Four, according to the

Plat thereof, as recorded in Plat Book 132, at Page 32, of the Public

Records of Miami-Dade County, Florida.

34-2108-019-0720 Lot 3, Block 24,in Del Prado Gardens Section Three, according to the

Plat thereof, as recorded in Plat Book 123, at Page 100, of the Public

Records of Miami-Dade County, Florida.

34-2108-019-0730 Lot 4, Block 24,in Del Prado Gardens Section Three, according to the

Plat thereof, as recorded in Plat Book 123, at Page 100, of the Public

Records of Miami-Dade County, Florida.

34-2108-020-0630 Lot 4, Block 34,in Del Prado Gardens Section Four, according to the

Plat thereof, as recorded in Plat Book 132, at Page 32, of the Public

Records of Miami-Dade County, Florida.

34-2108-019-0740 Lot 5, Block 24,in Del Prado Gardens Section Three, according to the

Plat thereof, as recorded in Plat Book 123, at Page 100, of the Public

Records of Miami-Dade County, Florida.

34-2108-020-0640 Lot 5, Block 34,in Del Prado Gardens Section Four, according to the

Plat thereof, as recorded in Plat Book 132, at Page 32, of the Public

Records of Miami-Dade County, Florida.

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34-2108-020-0710 Lot 1, Block 35,in Del Prado Gardens Section Four, according to the

Plat thereof, as recorded in Plat Book 132, at Page 32, of the Public

Records of Miami-Dade County, Florida.

34-2108-019-0770 Lot 2, Block 25,in Del Prado Gardens Section Three, according to the

Plat thereof, as recorded in Plat Book 123, at Page 100, of the Public

Records of Miami-Dade County, Florida.

34-2108-019-0780 Lot 3, Block 25,in Del Prado Gardens Section Three, according to the

Plat thereof, as recorded in Plat Book 123, at Page 100, of the Public

Records of Miami-Dade County, Florida.

34-2108-020-0740 Lot 4, Block 35, in Del Prado Gardens Section Four, according to the

Plat thereof, as recorded in Plat Book 132, at Page 32, of the Public

Records of Miami-Dade County, Florida.

34-2108-020-0790 Lot 4, Block 36, in Del Prado Gardens Section Four, according to the

Plat thereof, as recorded in Plat Book 132, at Page 32, of the Public

Records of Miami-Dade County, Florida.

3. On June 6, 1998, Goosby transferred the Property by quit claim deed to a certain

Anibel N. Miliani (“Miliani”) and to Goosby himself, apparently as joint tenants, for no

consideration as recorded on June 9, 1998, in ORB 18139/PG 1288 (Exhibit “C”).

4. On January 22, 1999, Goosby and Miliani transferred the Property back to

Goosby himself by quit claim deed for no consideration as recorded on or about six months later on

June 15, 1999, in ORB 18652/PG 3109 (Exhibit “D”).

5. Notwithstanding the fact that Goosby and Miliani had transferred the Property

back to Goosby on June 15, 1999, on September 20, 2001, Marriage and Family Enrichment

transferred whatever interest it still had in the Property to the Debtor, Le Jeune Villas Development,

LLC (“Le Jeune Villas Development”), purportedly based on the doc stamps paid the to state court

clerk for $512,500 in consideration by warranty deed as recorded some 3 months later on December

27, 2001, in ORB 20103/PG 2659 (Exhibit “E”).

6. Beginning earlier than in December 2006, the Debtor failed to pay the monthly

maintenance assessment and assessments thereafter due on the Property to Le Jeune Gardens

Homeowners Association, Inc. (“Le Jeune Gardens”).

7. On April 16, 2018, Le Jeune Gardens filed a lis pendants against the Property as

recorded in ORB 30935/PG 3353 (Exhibit “F”) and commenced foreclosure of its interest in the

Property as against the Debtor (Exhibit “G”). Goosby was not named as a party in the suit since he

had no personal liability to Le Jeune Gardens.

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8. On July 25, 2018, a Final Judgment of Foreclosure in the sum of $213,854.88 was

entered in favor of Le Jeune Gardens and as against the Debtor and foreclosure sale of the Property

was set for August 29, 2018 (Exhibit “H”).

II. – THE BANKRUPTCY CASES STAYING SALE:

9. In the meantime, on August 17, 2017, almost a year earlier, Goosby filed the first

bankruptcy case under Chapter 13 in his individual capacity, Case No. 17-20434-RAM (Exhibit “I”),

but failed to list Le Jeune Gardens as a creditor on his mailing matrix (Exhibit “J”) and, therefore,

Le Jeune Gardens had no notice of the first bankruptcy case. The first bankruptcy case was

dismissed with six months prejudice on August 1, 2018.

10. On August 27, 2018, on the eve of the first foreclosure sale of the Property, the

Debtor filed the second bankruptcy Case No. 18-20402-AJC under Chapter 11 (Exhibit “K”). The

second case was dismissed on September 10, 2018, some thirteen days hence due to the Debtor’s

failure to cure case filing deficiencies.

11. On September 11, 2018, Le Jeune Gardens reset foreclosure sale date of the

Property for a second time in state court for November 7, 2018, but canceled the sale after reaching

an agreement with the Debtor just prior to that second foreclosure sale date.

12. On April 30, 2019, Le Jeune Gardens filed a motion in the state court foreclosure

case to reset sale of the Property after the Debtor defaulted under the settlement agreement.

13. On May 10, 2019, Goosby filed the third bankruptcy Case No. 19-16198-RAM

in his individual capacity under Chapter 13 and filed a Suggestion of Bankruptcy in the state court

foreclosure case purportedly staying the third foreclosure sale of the Property (Exhibit “L”) even

though Goosby had no personal liability to Le Jeune Gardens and notwithstanding that he is not a

party to the Debtor’s state court foreclosure case. Nonetheless, Goosby’s counsel filed a Suggestion

of Bankruptcy in the state court foreclosure case. The third case was dismissed on October 2, 2020,

after confirmation of his Chapter 13 plan for Goosby’s failure to remain current on plan payments.

14. On October 28, 2020, Le Jeune Gardens filed a motion in the state court

foreclosure case to reset sale of the Property which was granted by the state court setting a new and

fourth foreclosure sale date for December 7, 2020.

15. On December 3, 2020, the Debtor filed the fourth bankruptcy Case No.

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20-23240-LMI (Exhibit “M”) but failed to file any notice of commencement of the fourth bankruptcy

case filing in Le Jeune Garden’s state court foreclosure case. The fourth bankruptcy case was

dismissed on December 16, 2020, for the Debtor’s failure to cure case filing deficiencies.

16. While Caballero was the successful bidder at the fourth foreclosure sale on

December 7, 2020, and received a Certificate of Sale from the state court clerk on December 10,

2020, the state court nonetheless vacated that sale and reset the fifth sale date for the for March 15,

2021 (Exhibit “G”).

17. Caballero was the successful bidder at the fifth foreclosure sale on March 15,

2021, and was issued a Certificate of Sale by the state court clerk of court on the afternoon of the

same day as the sale.

18. On March 19, 2021, some four days after the state court clerk issued Caballero

its Certificate of Sale, the Debtor filed this fifth bankruptcy case staying the state court from issuing

Caballero a certificate of sale.

19. Thisfifth bankruptcy case was commenced four days after the Certificate of Sale

was issued by the state court clerk to Caballero and, therefore, the sale is valid and has been ratified

under Florida law.

20. This fifth bankruptcy case has been filed in bad faith based on the facts and

circumstances as set forth above.

III. – REQUEST FOR RELIEF:

WHEREFORE, Caballero respectfully requests that this Honorable Court grant this

motion by dismissing this case with prejudice, lifting the automatic stay against the Property so that

it may go forward in state court to obtain its certificate of title, granting additional prospective in rem

relief against real property, and by providing it with such other and further relief as deemed just and

equitable.

Certificate of Admission

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).

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/s/ Peter Spindel 

PETER SPINDEL

Florida Bar No. 816183

Attorney for Caballero Home Investments Corp.

Peter Spindel, Esq., P.A.

8306 Mills Dr. #458

Miami, FL 33183-4838

(305) 799-5724

email: peterspindel@gmail.com

Certificate of Service

I CERTIFY that a true copy of the foregoing was served on all CM/ECF registered

users via Notice of Electronic Filing and by regular first class USPS carrier mail, postage fully

prepaid, on all other interested parties as indicated on the attached service list on April 14, 2021.

/s/ Peter Spindel 

 PETER SPINDEL, ESQ.

Via NEF21-12632-AJC Notice will be electronically mailed to:

Vanessa C Angulo on behalf of Debtor Le Jeune Villas Development, LLC

eservice@cavalegal.com

Soneet Kapila

trustee@kapilaco.com, ecf.alert+Kapila@titlexi.com

Office of the US Trustee

USTPRegion21.MM.ECF@usdoj.gov

Steven D Schneiderman on behalf of U.S. Trustee Office of the US Trustee

Steven.D.Schneiderman@usdoj.gov

Peter D Spindel on behalf of Interested Party Caballero Home Investments Corp.

peterspindel@gmail.com, peterspindelcmecf@gmail.com

Christina Vilaboa-Abel on behalf of Debtor Le Jeune Villas Development, LLC

eservice@cavalegal.com

By USPS mail:

All parties on attached USPS case mailing matrix not served supra via CM/ECF.

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3884.2101

\caballero23.mot

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