ALAW File No. 20-004303

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

IN RE:

JEAN PASTENE GERVILUS

CASE NO.: 20-11371-PGH

CHAPTER: 13

Debtor.

__________________________/

RESPONSE TO DEBTOR’S MOTION TO VALUE AND DETERMINE SECURED 

STATUS OF LIEN ON REAL PROPERTY [DE 13]

Creditor, U.S. Bank National Association. (“Secured Creditor”), by and through the 

undersigned counsel, hereby files its Response to Debtor’s Motion to Value and Determine 

Secured Status of Lien on Real Property [DE 13] and in support, respectfully states the following:

1. U.S. Bank National Association, holds a secured mortgage loan on property owned 

by Debtor, located at 1200 SW 52nd Ave. #1-213, North Lauderdale, Florida 33068-4097.

2. On January 31, 2020, Debtor filed an Motion to Value and Determine Secured 

Status of Lien on Real Property [DE 13] (the “Motion”) and in said Motion, the Debtor states the 

value of the subject property is $69,280.00, as determined by Debtor’s research (Broward County 

Property Appraiser).

3. Debtor’s Motion fails to provide a full interior and exterior appraisal completed by 

a qualified real estate appraiser as a basis for the Debtor’s determination of the replacement value 

of the subject real property.

5. Additionally, pursuant to the Order Denying Motion to Extend Stay [DE 32], there 

is no automatic stay in this bankruptcy case. Creditor objects to any treatment through the 

bankruptcy as the stay as been lifted.

6. This matter has been scheduled for hearing on March 2, 2020 at 1:00 PM.

7. U.S. Bank National Association, reserves the right to supplement and/or amend this 

Response in the future.

WHEREFORE, U.S. Bank National Association, respectfully requests that this Court 

deny the Debtor’s Motion to Value and Determine Secured Status of Lien on Real Property, to 

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ALAW File No. 20-004303

allow Secured Creditor additional time to complete an interior/exterior appraisal, and awarding 

any and all other relief that this Court deems just and appropriate. 

/s/ Ella Roberts, Esq.

Ella Roberts, Esq.

FBN 0075943

813-221-4743 

Albertelli Law

Attorney for Secured Creditor

PO Box 23028

Tampa, FL 33623

Facsimile: (813) 221-9171

bkfl@albertellilaw.com

Alternative: eroberts@albertellilaw.com

CERTIFICATE OF SERVICE

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ALAW File No. 20-004303

I HEREBY CERTIFY that a true and correct copy of the foregoing Response to Debtor’s 

Motion to Value and Determine Secured Status of Lien on Real Property was provided via 

electronic mail to the parties on the attached service list, this 26th day of February, 2020.

SERVICE LIST

Debtor

Jean Pastene Gervilus

8101 SW 8th Ct. 

North Lauderdale, FL 33068

Debtors’ Attorney

Edward M. Shahady

7900 Peters Road, Ste. B-200 

Fort Lauderdale, FL 33324

Trustee

Robin R. Weiner

www.ch13weiner.com 

POB 559007 

Fort Lauderdale, FL 33355

U.S. Trustee

Office of the US Trustee

51 S.W. 1st Ave. 

Suite 1204 

Miami, FL 33130

/s/ Ella Roberts, Esq.

Ella Roberts, Esq.

FBN 0075943

813-221-4743 

Albertelli Law

Attorney for Secured Creditor

PO Box 23028

Tampa, FL 33623

Facsimile: (813) 221-9171

bkfl@albertellilaw.com

Alternative: eroberts@albertellilaw.com

Case 20-11371-PGH Doc 34 Filed 02/26/20 Page 3 of 3