UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

www.flsb.uscourts.gov

IN RE: CASE NO.: 21-19589-LMI

Chapter 13

CARLOS ALBERTO ALONSO CANO,

Debtor.

/

MOTION FOR CLARIFICATION OF THE AUTOMATIC STAY

REGARDING POST-PETITON FEES AWARDED AS SANCTIONS

Creditor, 245 C & C, LLC, through undersigned counsel, pursuant to 11 U.S.C. 

§ 362, is seeking Clarification of the Automatic Stay Regarding Post-Petition Fees

Awarded as Sanctions and states as follows:

1. The Debtor, on behalf of himself and behalf of other family members, 

is listed as a Plaintiff in a fair housing volition case, styled Carlos A. Alonso Cano v. 

245 C&C, LLC and CFH Group, LLC, case number 1:19-cv-21826-JAL, U.S. District 

Court for the Southern District of Florida (the "District Case").

2. The Debtor and his co-plaintiffs have since appealed the decision in 

the District Case to the Eleventh Circuit Court of Appeals in Case Number 23-12413

(the “Appeals Case”).

3. On July 23, 2024, the Eleventh Circuit issued an Order awarding the 

Creditor $21,119 in Attorney’s fees, payable jointly and severally by the Debtor and 

the other co-plaintiffs.

4. Copies of the Motion to Determine Fees (the “Fee Motion”) and the 

Order (the “Fee Order”) awarding the fees are attached to this motion.

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5. Page 10 of the Fee Motion contains time records with the earliest entry 

being February 26, 2024, thus all of the fees awarded are as a result of post-petition 

litigation defense.

6. Earlier in this case, the Court entered an Order at DE #23 which 

included a provision that collection of post-petition fees would require coming 

back to this Court for further consideration.

7. The Creditor desires to collect on the Fee Order so it is seeking a

determination that there is no stay in effect regarding the Fee Order with respect 

to the Debtor or any of the Debtor’s co-plaintiffs1 as it is entirely for post-petition 

fees.

WHEREFORE, the Creditor respectfully requests this Court issue an order 

clarifying the if the Automatic Stay applies to the order for fees issued by the 

Eleventh Circuit and if not then issue an Order determining that there is no stay in 

effect regarding the Fee Order with respect to the Debtor or any of the Debtor’s 

co-plaintiffs as it is entirely for post-petition fees to allow for immediate collection 

efforts.

CERTIFICATE OF COMPLIANCE

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

1 While the case style in the attached pleadings refer to minor daughters, based on information and 

belief, the daughters are no longer minors.

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served this 

27th day of August, 2024 via electronic service through CM/ECF to Patrick L 

Cordero, Esq on behalf of Debtor Carlos Alberto Alonso Cano at 

ecfmail@pcorderolaw.com, r93260@notify.bestcase.com, to Nancy K. Neidich at 

e2c8f01@ch13miami.com, ecf2@ch13miami.com, and to the Office of the US 

Trustee at USTPRegion21.MM.ECF@usdoj.gov.

Advantage Law Group, P.A.

Attorney for Creditor 245 C & C, LLC

950 S. Pine Island Road, Suite A140

Plantation, FL 33324

By: /s/David Savitt

 David Savitt, Esq. 

Florida Bar No.: 57081

davsav@gmail.com

Case 21-19589-LMI Doc 169 Filed 08/27/24 Page 3 of 3