UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

__________________________________ 

 ) 

In re: ) CASE NO. 22-10746-RAM

 ) CHAPTER 13

MIRIAM SOLER, )

 ) 

Debtor. )

 )

ORDER TO SHOW CAUSE WHY

MIRIAM SOLER, ROBERTO SOLER, JR. AND

ALBERTO SOLER SHOULD NOT BE ENJOINED FROM

FILING FURTHER BANKRUPTCY CASES WITHOUT LEAVE OF COURT

As described in this Court’s February 17, 2022 Order Enjoining 

Debtor from Filing Adversary Proceeding Without Leave of Court 

[DE# 17], this case is the eighth bankruptcy case filed in this 

district in the last six years by Miriam Soler0F

1 (3 cases), Roberto 

Soler, Jr. 1F

2 (2 cases), and Alberto Soler2F3 (3 cases) (collectively, 

the “Solers”).

1 16-16898, 17-18812, and this case, 22-10746. 2 19-17922 and 19-25124. 3 16-18464, 17-18157, and 20-22697.

Robert A. Mark, Judge

_____________________________________________________________________________ United States Bankruptcy Court

ORDERED in the Southern District of Florida on April 8, 2022.

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The prior cases were filed for the primary purpose of delaying 

the foreclosure of two properties, one located at 4741 NW 5th St., 

Miami, FL 33126 (the “5th St. Property”) and one located at 736 SE 

8th Place, Hialeah, FL 33010 (the “Hialeah Property”). Sixteen 

adversary proceedings were initiated in the prior cases, including 

failed attempts to remove the two foreclosure cases to the 

bankruptcy court. Twelve of the adversary proceedings related to 

either the 5th St. Property or the Hialeah Property.

Neither the 5th St. Property nor the Hialeah Property are 

owned by the Solers. Judge Cristol granted prospective stay relief 

to the Federal National Mortgage Association (“Fannie Mae”) with 

respect to the Hialeah Property in his Amended Order Dismissing 

Case for Failure to Make Pre-Confirmation Plan Payments and for 

Failure to Appear at Meeting of Creditors [DE# 52 in 19-17922]. 

That Order allowed Fannie Mae to conclude its foreclosure in Case 

No. 2013-033734-CA-01, and the Hialeah Property was purchased at 

a foreclosure sale by FORMIAMI 20, LLC. The Miami-Dade County 

Clerk of Courts issued a Certificate of Title to FORMIAMI 20, LLC 

on January 27, 2021. The Certificate of Title was recorded on 

January 29, 2021. A copy of the Certificate of Title on the 

Hialeah Property is attached as Exhibit A to this Order.

The 5th St. Property was the subject of a foreclosure case 

commenced by Fannie Mae in 2013, Case No. 2018-008187-CA-01. Judge 

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Cristol granted Fannie Mae stay relief to complete its foreclosure 

in his November 28, 2017 Order Granting Motion for Relief from 

Stay and Co-Debtor Stay and Order to Grant Prospective Relief for 

a One-Year Period (the “5th St. Property Stay Relief Order”) [DE# 

65 in 17-18812]. 

The 5th St. Property foreclosure case went forward. Fannie 

Mae was the successful bidder at the foreclosure sale, and the 

Miami-Dade County Clerk of Courts issued a Certificate of Title to 

Fannie Mae on August 6, 2018. A copy of the Certificate of Title 

on the 5th St. Property is attached as Exhibit B to this Order. 

Need and Justification for Prospective Relief

Based upon the record in the seven prior Soler cases and 12

prior adversary proceedings, and in the dozens of appeals filed in 

those cases and proceedings, it is clear that the Solers are badfaith, vexatious litigants. If unchecked, it is likely that they 

will file future bankruptcy cases seeking to re-litigate longdecided issues relating to the 5th St. Property and to the Hialeah 

Property. 

Their ongoing quest is evident in the record. For example, 

despite losing title to the 5th St. Property in April 2018, Miriam 

Soler, acting through her son, filed two Motions to Reopen her 

first case in November 2019 [DE#s 104 and 106 in 16-16898] and 

filed a Motion to Re-Impose Automatic Stay [DE# 109 in 16-16898]. 

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All three motions sought relief against Fannie Mae in connection 

with the foreclosure of the 5th St. Property. 

On December 9, 2019, this Court entered its Order Denying 

Debtor’s Motions and Granting Prospective Stay Relief [DE# 116 in 

16-16898]. That Order noted the important fact that Fannie Mae 

was the owner of the 5th St. Property. The Order also granted 

prospective stay relief to Fannie Mae to obtain issuance of, and 

to execute, a Writ of Possession. In typical fashion, the Solers 

continued their vexatious attempts to undo the foreclosure, filing 

several appeals in that case.

On January 31, 2022, Miriam Soler, again acting through 

Alberto Soler, filed this case. Because the case was dismissed 

for filing deficiencies, the Court cannot state with certainty 

what the Solers hoped to accomplish. But, given the history, there 

is reason to suspect that they were planning, once again, to launch 

a further attack on Fannie Mae and possibly others relating to the 

5th St. Property. 

Discussion

The Court has the authority to enjoin the Solers from filing 

any further bankruptcy cases relating to the 5th St. Property or 

to the Hialeah Property, pursuant to its inherent authority and 

pursuant to § 105 of the Bankruptcy Code. The history of the Soler 

filings supports this relief. 

Case 22-10746-RAM Doc 79 Filed 04/08/22 Page 4 of 9
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Continuing to advance groundless and patently frivolous 

litigation is tantamount to bad faith justifying sanctions. 

Ginsberg v. Evergreen Sec., Ltd. (In re Evergreen Sec., Ltd.), 570 

F.3d 1257, 1273 (11th Cir. 2009). And, a federal court’s inherent

authority to sanction includes pre-filing restrictions such as

enjoining future filings without leave of court. Martin-Trigona

v. Shaw, 986 F.2d 1384, 1386-87 (11th Cir. 1993).

Unless the Solers appear at the hearing scheduled by this 

Order and show cause why an injunction should not be issued, the 

Court will enter the injunctive relief described in this Order. 

Therefore, it is - 

ORDERED as follows: 

1. Alberto Soler, Roberto Soler, Jr., and Miriam Soler

(personally or through Alberto Soler) are ordered to appear for a 

video conference hearing on May 19, 2022 at 2:00 p.m., and show 

cause why the Court should not enter the injunction described in 

paragraph 5 of this Order. 

2. The hearing will be conducted by video conference using

the services of Zoom Video Communications, Inc. 

3. For instructions regarding the video conference, please

refer to the General Procedures for Hearings By Video Conference 

on Judge Mark’s web page on the Court’s website, 

https://www.flsb.uscourts.gov/judges/judge-robert-mark

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4. To register for the video conference, click on the

following link or manually enter the following link in a browser: 

https://www.zoomgov.com/meeting/register/vJItc-2gqjwpGFCwi9sSY9YQuLWOzPBMaTs

5. Unless one or more of the Solers appear at the May 19th

hearing and show cause why an injunction should not be issued, the 

Court will enter an injunction prohibiting all of the Solers from 

filing any further bankrupty cases without leave of Court. The

injunction will provide that the Court will allow a new case only 

if it grants a Motion for Leave to File New Bankruptcy Case (the 

“Motion for Leave”). To be considered by the Court, the Motion 

for Leave must be filed in this case, describe the purpose of a 

new bankruptcy case, and certify that the proposed new case is 

seeking to discharge, or restructure, debts that are not related 

to the 5th St. Property or to the Hialeah Property. 

6. This Order has been reviewed by both Chief Judge Laurel

Isicoff and Judge A. Jay Cristol who have confirmed that they 

approve and support the entry of this Order.

### 

COPIES TO: 

Nancy K. Neidich, Trustee

CLERK TO SERVE PARTIES BELOW: 

Miriam Soler 

4741 NW 5 Street 

Miami, FL 33126 

Case 22-10746-RAM Doc 79 Filed 04/08/22 Page 6 of 9
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Robert Soler, Jr.

4741 NW 5th Street

Miami, FL 33126

Alberto Soler

4741 NW 5th Street

Miami, FL 33126

Melbalynn Fisher 

Ghidotti & Berger LLP

1031 N Miami Beach Blvd

North Miami Beach, FL 33162-3842

Andrea Hartley, Esq.

Akerman LLP

Three Brickell City Centre

98 SE 7th St

Miami, FL 33131-3522

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Exhibit A

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Exhibit B

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