IN THE UNITED STATES BANKRUPTCY COURT 

 FOR THE SOUTHERN DISTRICT OF FLORIDA 

 WEST PALM BEACH DIVISION 

In re 

ALEESHA RENEE PIERRE CASE NO. 21-18038-MAM 

Debtor. CHAPTER 7 

 

 MOTION FOR RELIEF FROM STAY 

Comes now, CARVANA, LLC(“CREDITOR”), and moves the Court for the entry of an 

order granting it relief from the automatic stay and for grounds says as follows: 

1. This Court has jurisdiction under 28 U.S.C. §1334 and 11 U.S.C. § 362. 

2. On 12/12/2020, Debtor executed and delivered a RETAIL INSTALLMENT 

CONTRACT AND SECURITY AGREEMENT wherein he promised to make a total of payments 

of $26,160.49 payable in 71 consecutive monthly installments of $364.00 and a final payment of 

$316.49 on 12/20/2026. The first payment was to be made on 1/20/2021. 

3. The Affidavit of the Creditor is attached hereto as Exhibit “A”. 

4. To secure all payments under the contract Debtor granted a security interest in the 

following described property: 

2014 HONDA ACCORD VIN 1HGCR2F37EA230525 

A copy of the Simple Interest Retail Installment Contract and Security Agreement 

and the Lien and Title Information Report is attached hereto as Exhibit “B”. 

5. The Debtor has defaulted in the following particulars: 

 x Failing to make Direct payments pursuant to the loan agreement. The Debtor failed 

to the make the payment due on 8/20/2021, and all subsequent payments. Debtor has surrendered 

the collateral. CARVANA, LLC, has been in possession of the collateral since September 27, 

2021. 

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 6. As of October 11, 2021, the net rebated payoff was $13,621.79. The estimated value is 

$15,200.00 A copy of the NADA is attached hereto as Exhibit “C”. 

7. The address for post-petition payments is CARVANA, LLC, P O BOX 29018, Phoenix 

AZ 85038. 

8. The Indebtedness Worksheet is completed and marked hereto as Exhibit “D”. 

9. The Creditor requests this court waiver the fourteen (14) day “stay” in accordance with 

Fed. R. Bankr. P. 4001(a)(3). 

10. Should this Honorable Court deny the Creditor’s Motion for Relief from Automatic 

Stay, the Creditor would request that this Honorable Court direct that the stay shall be immediately 

lifted, without further order or notice, as to the Creditor in the event that the Debtor should default 

on any future payments. 

WHEREFORE, CREDITOR requests the entry of an order granting it relief from the 

automatic stay. 

 /s/ KENT D. MCPHAIL 

KENT D. MCPHAIL, ESQ. 

Florida Bar No. 0852767 

BROOKE E. SANCHEZ, ESQ. 

Florida Bar No. 26860 

Kent McPhail & Associates, LLC 

P. O. Box 870 

Mobile, AL 36601 

Phone (251)438-2333 

Facsimile (251) 438-2367 

Email: kent@kmcphail.law 

 brooke@kmcphail.law 

 CERTIFICATE OF SERVICE 

I, Kent D. McPhail, do hereby certify that I have on this the 13th day of October 2021, 

Case 21-18038-MAM Doc 19 Filed 10/13/21 Page 2 of 3
served a copy of the above and foregoing Motion for Relief from Stay, Affidavit of Creditor, Retail 

Installment Contract and Security Agreement, Lien and Title Information, NADA valuation, and 

Indebtedness Worksheet to the parties listed below by the service method indicated: 

U.S. MAIL, FIRST CLASS POSTAGE PREPAID 

ALEESHA RENEE PIERRE 

812 SOUTHEAST WALTON LAKES DR. 

PORT ST. LUCIE, FL 34952 

ECF FILING NOTIFICATION 

DEBORAH MENOTTE 

TRUSTEE 

POB 211087 

WEST PALM BEACH, FL 33421 

menottetrustee@gmail.com 

ECF FILING NOTIFICATION 

OFFICE OF THE U.S. TRUSTEE 

51 SW 1 AVE #1204 

MIAMI FL 33130 

USTPRegion21.MM.ECF@usdoj.gov

 /s/ KENT D. MCPHAIL 

KENT D. MCPHAIL 

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