UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

Fort Lauderdale Division

www.flsb.uscourts.gov

In re:

MARK GREGORY AMARANT,

Debtor.

___________________________________/

Case No. 22-10541-SMG 

Chapter 11

DEBTOR’S MOTION TO APPROVE SETTLEMENT WITH WYNN LAS VEGAS, LLC

Any interested party who fails to file and serve a written response to this 

motion within 21 days after the date of service stated in this motion shall, 

pursuant to Local Rule 9013-1(D), be deemed to have consented to the entry 

of an order in the form attached to this motion. Any scheduled hearing may 

then be canceled.

Debtor, Mark Gregory Amarant (the “Debtor”), by counsel, pursuant to Fed. R. Bankr. P. 

9019 and Local Rules 9019-1 and 9013-1(D), respectfully requests that the Court enter an order 

approving the settlement between the Debtor and Wynn Las Vegas, LLC, d/b/a Wynn Las Vegas 

(“Wynn”), and states as follows:

1. On January 24, 2022 (the “Petition Date”), the Debtor filed a voluntary petition for 

relief under Subchapter V of Chapter 11 of the United States Bankruptcy Code. 

2. On or around March 1, 2020, the Debtor signed and tendered four (4) checks to 

Wynn, in order to pay certain amounts Debtor owed to Wynn, a licensed gaming establishment, in 

the amounts of $20,000.00, $20,000.00, $40,000.00 and $50,000.00, totaling $130,000.00 (the 

“Checks”). All four (4) Checks were returned for insufficient funds.

3. The Debtor voluntarily agreed to repay the amounts owed to Wynn through 

alternative means, in full, in order to avoid any and all fines, penalties and other charges and 

consequences associated with the Checks pursuant to Nevada Revised Statutes (NRS) 205.130.

4. Thereafter, Debtor began paying Wynn $2,778.00 per month, with the intention 

that such payments would continue until such time as the amount of the Checks was repaid in full.

5. On March 8, 2022, Wynn filed Claim # 24-1, in the amount of $44,440.00, which 

Case 22-10541-SMG Doc 48 Filed 04/22/22 Page 1 of 16
Page 2

represented the remaining amount due and owing to Wynn as of the Petition Date, as a result of 

relating back to the Checks (the “Wynn Claim”). As of the date of this Motion, the amount due 

on the Wynn Claim is $41,662.001.

6. Wynn has asserted, and Debtor agrees, that the Wynn Claim should be deemed nondischargeable, pursuant to 11 U.S.C. §§ 523(a)(2)(A) and (a)(6), as the Checks were returned for 

insufficient funds. In reliance upon Debtor’s representations and agreement to repay the amounts 

owed, Wynn has forgone certain rights and remedies it would otherwise have under the law and in 

equity. Wynn has also asserted that non-payment of the Wynn Claim could subject the Debtor to 

further fines, penalties and other charges and consequences.

7. The Debtor and Wynn have negotiated the Wynn Claim in good faith and have 

agreed to settle the Wynn Claim, and any and all claims that may exist between the parties, in 

order to avoid the uncertainties and expense of litigation.

8. In order to resolve any and all claims by Wynn, including payment of the Wynn 

Claim, the Debtor agrees to pay Wynn $41,662.00 (the “Settlement Amount”), as follows: (a) 14 

payments of $2,778.00 per month, beginning on the first day of the month immediately following 

the Effective Date of a confirmed Chapter 11 Plan, and due on the first (1st) day of each and every 

month thereafter; followed by (b) 1 final payment of $2,770.00, due on the first day of the month 

following completion of the payments referenced in (a) above. 

9. The Settlement Amount shall be deemed non-dischargeable, pursuant to 11 U.S.C. 

§ 523. In the event that this proceeding is converted to Chapter 7, the Settlement Amount shall 

similarly be deemed non-dischargeable. Wynn shall be entitled to an allowed non-dischargeable 

general unsecured claim in this proceeding, for the amount of the Settlement Amount. The specific 

terms of the proposed settlement are set forth in the Settlement Agreement attached hereto as 

Exhibit “A”.

1 The Debtor’s father gratuitously made one (1) payment to Wynn, after the Petition Date, to reduce the 

balance owed.

Case 22-10541-SMG Doc 48 Filed 04/22/22 Page 2 of 16
Page 3

10. The Debtor believes that this settlement is in the best interest of the estate and that 

the Settlement Amount is fair and reasonable.

11. The Court has broad discretion to approve a settlement or compromise, and it 

should do so unless the proposed settlement falls below the lowest point in the range of 

reasonableness. In re Bi-Coastal Corp., 164 B.R. 1009, 1016 (Bankr. M.D. Fla. 1993). The 

Eleventh Circuit has set forth the following factors that must be considered in determining whether 

to approve a settlement or compromise: (a) the probability of success in the litigation; (b) the 

difficulties, if any, to be encountered in the matter of collection; (c) the complexity of the litigation 

involved, and the expense, inconvenience and delay necessarily attending it; and (d) the paramount 

interest of the creditors and a proper deference to their reasonable views in the premises. In re 

Justice Oaks II, Ltd., 898 F.2d 1544, 1548 (11th Cir. 1990), cert. denied 498 U.S. 959 (1990).

12. Specifically, with respect to factor (a), the Debtor concedes that the Checks were 

returned for insufficient funds, and that Wynn would have a strong non-dischargeability claim

pursuant to 11 U.S.C. §§ 523(a)(2)(A) and (a)(6). In addition, and more significantly, but for the 

proposed settlement, the Debtor would be subjected to additional fines, penalties and other charges 

and consequences. Those consequences could include criminal prosecution under Nevada law.

13. Such consequences would not only have an adverse effect on the Debtor personally 

but would also have an adverse effect on the bankruptcy estate, as the Debtor’s Chapter 11 Plan 

will be funded through his income derived through his employment, which would be threatened 

should those consequences apply. The Debtor’s ability to repay his creditors would therefore be 

compromised absent resolution of the Wynn Claim. Therefore, this factor weighs in favor of 

approval of the Settlement Agreement.

14. Specifically, with respect to factor (b), pursuant to the Debtor’s Chapter 11 Plan, 

which is being filed contemporaneously herewith, the Settlement Amount is feasible given that 

such amount will be repaid over 15 months. Furthermore, since the claim being resolved is a claim 

against the Debtor, rather than a claim of the bankruptcy estate, this factor either weighs in favor 

Case 22-10541-SMG Doc 48 Filed 04/22/22 Page 3 of 16
Page 4

of approval of the Settlement Agreement, or is otherwise neutral.

15. Specifically, with respect to factor (c), although the factual and legal issues 

involved with regard to the Wynn Claim are not necessarily complicated, litigation of the Wynn 

Claim would nevertheless involve unnecessary expenses and would delay confirmation of the 

Debtor’s Chapter 11 Plan.

16. Finally, given all of the above, with respect to factor (d), the Debtor believes that 

the proposed settlement will save significant expense to the bankruptcy estate, and allow the 

Debtor to avoid criminal prosecution relating to the Checks, and any other negative consequences 

that would have an adverse effect on the bankruptcy estate.

17. Although the Wynn Claim would be a non-priority non-dischargeable unsecured 

claim, the proposed treatment of the Wynn Claim does not constitute unfair discrimination, 

because a rational basis exists for such discrimination, which the Debtor contends is necessary for 

a successful Chapter 11 reorganization, as referenced above. See In re Etheridge, 297 B.R. 810, 

816 (Bankr. M.D. Ala. 2003) (allowing discrimination in a Chapter 13 plan to repay a bad check, 

where the potential consequences would include loss of employment and incarceration; with the 

court noting that such discrimination enhances the chances that the discriminated class would

receive repayment).

18. Furthermore, in the case at hand, even if the Settlement Payment were made to all 

general unsecured creditors (rather than to Wynn), such general unsecured creditors would only 

receive a distribution of approximately 0.6922% more than what such creditors would otherwise 

receive. For these reasons, the Settlement Agreement does not violate 11 U.S.C. § 1191(b) (should 

such section become applicable in this proceeding).

19. Based on the above, the Debtor believes that the settlement is in the best interest of 

the bankruptcy estate and should be approved by the Court.

WHEREFORE, the Debtor respectfully requests the Court enter an order approving the 

settlement with the Wynn, as set forth above, in the form set forth in the attached proposed Order, 

Case 22-10541-SMG Doc 48 Filed 04/22/22 Page 4 of 16
Page 5

and for such other and further relief as the Court deems just and proper.

Dated: April 22, 2022 LSS LAW

Attorneys for the Debtor

2699 Stirling Road, Suite C401

Ft. Lauderdale, Florida 33312

Telephone: (954) 920-5355

Facsimile: (954) 920-5371

By:_________/s/________________

ZACH B. SHELOMITH

Florida Bar No. 0122548

zbs@lss.law

CERTIFICATE OF SERVICE

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

April 22, 2022 to all parties on the list to receive e-mail notice/service for this case, via the Notice 

of Electronic Filing (which is incorporated herein by reference) and via U.S. Mail to the parties on 

the attached creditor matrix. 

By:_________/s/________________

Zach B. Shelomith

Case 22-10541-SMG Doc 48 Filed 04/22/22 Page 5 of 16
Exhibit "A"
Exhibit "A"
Exhibit "A"
Exhibit "A"
Exhibit "A"
PROPOSED ORDER

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

Fort Lauderdale Division

www.flsb.uscourts.gov

In re:

MARK GREGORY AMARANT,

Debtor.

___________________________________/

Case No. 22-10541-SMG 

Chapter 11

ORDER GRANTING DEBTOR’S MOTION TO APPROVE

SETTLEMENT WITH WYNN LAS VEGAS, LLC

THIS CAUSE came on before the Court upon the Debtor’s Motion to Approve Settlement 

with Wynn Las Vegas, LLC [ECF No. 48] (the “Motion”), filed pursuant to Local Rule 9013-1(D), 

and the movant by submitting this form of order having represented that the Motion was served 

on all parties required by Local Rule 9013-1(D), that the 21-day response time provided by that 

rule has expired, that no one has filed, or served on the movant, a response to the Motion, that the 

form of order was attached as an exhibit to the Motion, and the Court, having considered the 

Motion and being otherwise duly advised in the premises, it is

ORDERED as follows:

1. The Motion is GRANTED and the settlement between Mark Gregory Amarant (the 

Case 22-10541-SMG Doc 48 Filed 04/22/22 Page 11 of 16
“Debtor”) and Wynn Las Vegas, LLC, d/b/a Wynn Las Vegas (“Wynn”), as described in the 

Motion, is approved.

2. The Settlement Agreement attached as Exhibit “A” to the Motion is approved.

3. Wynn shall be entitled to an allowed non-dischargeable general unsecured claim in 

this bankruptcy proceeding, in the amount of $41,662.00.

4. All of the terms of the Settlement Agreement entered into between the Debtor and 

Wynn are approved. Both parties must comply with all terms set forth in the Settlement 

Agreement. The Court retains jurisdiction to enforce the terms of the Settlement Agreement.

###

Submitted by:

Zach B. Shelomith, Esq.

LSS Law

2699 Stirling Road, Suite C401

Ft. Lauderdale, Florida 33312

Telephone (954) 920-5355

Facsimile (954) 920-5371

zbs@lss.law

Copies to:

All parties and creditors listed on the court matrix.

Attorney Shelomith is directed to serve copies of this order on all parties above and to file a 

certificate of service.

Case 22-10541-SMG Doc 48 Filed 04/22/22 Page 12 of 16
 Label Matrix for local noticing Ally Bank Lease Trust - Assignor to Vehicle American Express National Bank 

 113C-0 4515 N Santa Fe Ave. Dept. APS c/o Becket and Lee LLP 

 Case 22-10541-SMG Oklahoma City, OK 73118-7901 PO Box 3001 

 Southern District of Florida Malvern, PA 19355-0701 

 Fort Lauderdale 

 Fri Apr 22 14:22:20 EDT 2022 

 BMW Financial Services NA, LLC, c/o AIS Port Broward County Ferrari Financial Services, Inc. 

 4515 N Santa Fe Ave. Dept. APS c/o Records, Taxes & Treasury c/o Saul Ewing Arnstein & Lehr LLP 

 Oklahoma City, OK 73118-7901 Attn: Bankruptcy Section 701 Brickell Ave., 

 115 S. Andrews Ave. A-100 Suite 1700 

 Ft. Lauderdale, FL 33301-1888 Miami, FL 33131-2832 

 

 Lending Club Bank N.A. Ally Bank Lease Trust c/o AIS Portfolio Serv Ally Financial 

 c/o Mitrani, Rynor, Adamsky & Toland PA 4515 N. Santa Fe Ave. Dept. APS Attn: Bankruptcy 

 1200 Weston Rd Oklahoma City, OK 73118-7901 POB 380901 

 PH Bloomington, MN 55438-0901 

 Weston, Fl 33326-1987 

 

 American Express American Express American Express 

 Correspondence/Bankruptcy POB 650448 POB 981537 

 POB 981540 Dallas, TX 75265-0448 El Paso, TX 79998-1537 

 El Paso, TX 79998-1540 

 American Express National Bank American Express National Bank American Express National Bank 

 Correspondence/Bankruptcy POB 981537 c/o Modlin Slinsky, P.A. 

 POB 981540 El Paso, TX 79998-1537 1551 Sawgrass Corporate Pkwy # 110 

 El Paso, TX 79998-1540 Sunrise, FL 33323-2832 

 BFS Capital (p)BMW FINANCIAL SERVICES BMW Financial Services Attn: Customer Accoun 

 3301 N University Dr # 300 CUSTOMER SERVICE CENTER 5550 Britton Parkway 

 Coral Springs, FL 33065-4149 PO BOX 3608 Hilliard, OH 43026-7456 

 DUBLIN OH 43016-0306 

 (p)BANK OF AMERICA Bank of America, N.A. Bank of America, N.A. 

 PO BOX 982238 PO Box 673033 POB 982238 

 EL PASO TX 79998-2238 Dallas, TX 75267-3033 El Paso, TX 79998-2238 

 Barclays Bank Delaware Barclays Bank Delaware Broward County Tax Collector 

 Attn: Bankruptcy POB 8803 115 S Andrews Ave # 100 

 POB 8801 Wilmington, DE 19899-8803 Fort Lauderdale, FL 33301-1888 

 Wilmington, DE 19899-8801 

 CAN Capital, Inc., assignee of WebBank Can Capital Asset Servicing, Inc. Can Capital Asset Servicing, Inc. 

 2015 Vaughn Road 2015 Vaughn Rd # 500 c/o Mateer & Harbert, P.A. 

 Building 500 Kennesaw, GA 30144-7831 225 E Robinson St # 600 

 Kennesaw, GA 30144-7831 POB 2854 

 Orlando, FL 32802-2854 

 

 Capital One Capital One Cavalry Portfolio Services 

 Attn: Bankruptcy POB 31293 Attn: Bankruptcy 

 POB 30285 Salt Lake City, UT 84131-0293 500 Summit Lake Dr # 400 

 Salt Lake City, UT 84130-0285 Valhalla, NY 10595-2321 

Case 22-10541-SMG Doc 48 Filed 04/22/22 Page 13 of 16
 Cavalry SPV I, LLC (p)JPMORGAN CHASE BANK N A Chase Ink Mastercard 

 PO Box 4252 BANKRUPTCY MAIL INTAKE TEAM POB 1423 

 Greenwich, CT 06831-0405 700 KANSAS LANE FLOOR 01 Chicago, IL 60675-0001 

 MONROE LA 71203-4774 

 

 Chase Ink Visa Citi AA Gold Mastercard (p)DE LAGE LANDEN FINANCIAL 

 POB 1423 POB 9001037 ATTN LITIGATION & RECOVERY 

 Chicago, IL 60675-0001 Louisville, KY 40290-1037 1111 OLD EAGLE SCHOOL ROAD 

 WAYNE PA 19087-1453 

 Department of the Treasury Department of the Treasury Ferrari Financial Services Inc 

 Internal Revenue Service Internal Revenue Service 6400 Main St 

 POB 7317 POB 7346 Amherst, NY 14221-5858 

 Philadelphia, PA 19101-7317 Philadelphia, PA 19101-7346 

 Fidelity Capital Fidelity Funding Services, LLC Fidelity Funding Services, LLC 

 19600 Fairchild Rd # 120 19600 Fairchild Rd # 120 c/o Vincent F. Alexander, Esq. 

 Irvine, CA 92612-2509 Irvine, CA 92612-2509 110 SE 6 St # 2600 

 Fort Lauderdale, FL 33301-5059 

 Fifth Third Bank N.A. Fifth Third Bank, N.A. Florida Community Bank, N.A. 

 PO Box 9013 POB 740789 n/k/a Synovus Bank 

 Addison, Texas 75001-9013 Cincinnati, OH 45274-0789 369 N New York Ave 

 Winter Park, FL 32789-3124 

 Goldman Sachs USA SLC Imagination Farms Community Association, Imagination Farms Community Association, 

 Lockbox 6112 Inc. Inc. 

 POB 7247 14275 SW 142 Ave c/o Miami Management, Inc. 

 Philadelphia, PA 19170-0001 Miami, FL 33186-6715 1145 Sawgrass Corporate Pkwy 

 Sunrise, FL 33323-2847 

 

 JPMorgan Chase Bank, N.A. (p)JOHNSON BANK Knight Capital Funding 

 s/b/m/t Chase Bank USA, N.A. 5901 DURAND AVE 9 E Loockerman St # 202-543 

 c/o National Bankruptcy Services, LLC RACINE WI 53406-5098 Dover, DE 19901-8306 

 P.O. Box 9013 

 Addison, Texas 75001-9013 

 

 Leslie A. Amarant Marci H. Osheroff Marx Developments, LLC 

 4253 SW 134 Ave 16400 NW 2 Ave # 213 16400 NW 2 Ave # 203 

 Davie, FL 33330-4700 Miami, FL 33169-6035 N Miami Beach, FL 33169-6035 

 Maserati Capital USA Matthew G. Osheroff Mr. Cooper 

 POB 78076 16400 NW 2 Ave # 213 350 Highland 

 Phoenix, AZ 85062-8076 Miami, FL 33169-6035 Houston, TX 77009-6623 

 Mr. Cooper Mr. Cooper Mr. Cooper 

 Attn: Bankruptcy POB 619094 POB 650783 

 POB 619098 Dallas, TX 75261-9094 Dallas, TX 75265-0783 

 Dallas, TX 75261-9098 

Case 22-10541-SMG Doc 48 Filed 04/22/22 Page 14 of 16
 Navy Federal Credit Union Navy Federal Credit Union Navy Federal Credit Union 

 820 Follin Ln SE Attn: Bankruptcy One Security Pl 

 Vienna, VA 22180-4907 POB 3000 Merrifield, VA 22119-0001 

 Merrifield, VA 22119-3000 

 

 Navy Federal Credit Union New Residential Mortgage Loan Trust 2017-5 Office of the US Trustee 

 P.O. Box 3000 Nationstar Mortgage LLC d/b/a Mr. Cooper 51 S.W. 1st Ave. 

 Merrifield, VA 22119-3000 Attn: Bankruptcy Dept. Suite 1204 

 PO Box 619096 Miami, FL 33130-1614 

 Dallas TX 75261-9096 

 

 Platinum Systems Holdings, LLC (p)PORTFOLIO RECOVERY ASSOCIATES LLC Radius Bank 

 4600 Green Bay Rd PO BOX 41067 c/o Howard S. Toland, Esq. 

 Kenosha, WI 53144-1719 NORFOLK VA 23541-1067 1200 Weston Road # PH 

 Fort Lauderdale, FL 33326-1987 

 Radius Bank Rapid Finance Seminole Casino Coconut Creek 

 n/k/a LendingClub Bank N.A. 4500 East West Hwy 64 5550 NW 40th St 

 1 Harbor St # 201 Bethesda, MD 20814-3327 Coconut Creek, FL 33073-3818 

 Boston, MA 02210-2445 

 Seminole Tribe of Florida Seminole Tribe of Florida Small Business Financial Solutions LLC 

 1 Seminole Wy c/o R. Daniel Koppen, Esq. c/o Theodore Murphy 

 Hollywood, FL 33314-6407 6325 3 St # 410 4500 E West Hwy 

 Rockledge, FL 32955 6th Floor 

 Bethesda, MD 20814-3327 

 

 Small Business Financial Solutions, LLC Synovus Bank The Lending Club fka Radius bank 

 PO BOX 1931 POB 120 c/o Mitrani, Rynor, Adamsky, Rynor & Tol 

 Burlingame, CA 94011-1931 Columbus, GA 31902-0120 1200 Weston Rd , PH 

 Weston, Fla 33326-1987 

 Transamerica UNITED STATES DEPARTMENT OF EDUCATION US Department of Education 

 440 Mamaroneck Ave CLAIMS FILING UNIT 2401 International Ln 

 Harrison, NY 10528-2426 PO BOX 8973 Madison, WI 53704-3121 

 MADISON WI 53708-8973 

 US Department of Education USAA Federal Savings Bank Wells Fargo Bank, N.A. 

 Attn: Bankruptcy Attn: Bankruptcy Attn: Bankruptcy 

 POB 7860 10750 McDermott Fwy POB 10438 

 Madison, WI 53707-7860 San Antonio, TX 78288-1600 Des Moines, IA 50306-0438 

 Wells Fargo Bank, N.A. Wells Fargo Bank, N.A. Wells Fargo Bank, N.A. 

 PO Box 10438, MAC F8235-02F POB 10335 POB 14517 

 Des Moines, IA 50306-0438 Des Moines, IA 50306-0335 Des Moines, IA 50306-3517 

 Wells Fargo Bank, N.A. Whoa Media Holdings Corp. Whoa Networks, Inc. d/b/a Whoa.com 

 POB 71118 4253 SW 134 Ave 7261 Sheridan St # 340 

 Charlotte, NC 28272-1118 Fort Lauderdale, FL 33330-4700 Hollywood, FL 33024-2708 

Case 22-10541-SMG Doc 48 Filed 04/22/22 Page 15 of 16
 Wynn Las Vegas and Encore Alan Fyne Mark Gregory Amarant 

 3131 Las Vegas Blvd S 1515 N University Dr #101 4253 SW 134 Ave 

 Las Vegas, NV 89109-1967 Coral Springs, FL 33071-6083 Davie, FL 33330-4700 

 

 Soneet Kapila Zach B Shelomith 

 www.kapilatrustee.com 2699 Stirling Rd # C401 

 PO Box 14213 Ft Lauderdale, FL 33312-6598 

 Ft Lauderdale, FL 33302-4213 

 The preferred mailing address (p) above has been substituted for the following entity/entities as so specified 

 by said entity/entities in a Notice of Address filed pursuant to 11 U.S.C. 342(f) and Fed.R.Bank.P. 2002 (g)(4). 

 BMW Financial Services (d)BMW Financial Services (d)BMW Financial Services 

 Attn: Bankruptcy Attn: Bankruptcy POB 9001065 

 POB 3608 POB 3608 Louisville, KY 40290-1065 

 Dublin, OH 43016 Dublin, OH 43016-0306 

 Bank of America, N.A. Chase Card Services (d)Chase Card Services 

 Attn: Bankruptcy Attn: Bankruptcy POB 15369 

 POB 982234 POB 15298 Wilmington, DE 19850 

 El Paso, TX 79998 Wilmington, DE 19850 

 (d)Chase Card Services De Lage Landen Financial Services, Inc. Johnson Bank 

 POB 901003 1111 Old Eagle School Rd 555 Main St # 490 

 Fort Worth, TX 76101 Wayne, PA 19087 Racine, WI 53403 

 Portfolio Recovery Associates, LLC 

 POB 41067 

 Norfolk VA 23541 

 The following recipients may be/have been bypassed for notice due to an undeliverable (u) or duplicate (d) address. 

 (u)Nationstar Mortgage LLC d/b/a Mr. Cooper (d)American Express National Bank (d)Broward County 

 c/o Becket and Lee LLP c/o Records, Taxes & Treasury 

 PO Box 3001 Attn: Bankruptcy Section 

 Malvern PA 19355-0701 115 S. Andrews Ave. A-100 

 Ft. Lauderdale, FL 33301-1888 

 

 End of Label Matrix 

 Mailable recipients 94 

 Bypassed recipients 3 

 Total 97 

Case 22-10541-SMG Doc 48 Filed 04/22/22 Page 16 of 16