UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

In re: CASE NO.: 21-19115-BKC-LMI

Chapter 7

SAID ANTONIO JAMETTE LARA 

SSN: XXX-XX-1829

ANA RITA JAMETTE

SSN: XXX-XX-7190

 Debtors. / 

TRUSTEE’S MOTION TO APPROVE STIPULATION FOR COMPROMISE

AND SETTLEMENT REGARDING (A) VALUATION AND REPURCHASE OF

DEBTORS’ NON-EXEMPT ASSETS AND (B) TURNOVER OF THE ESTATE’S 

INTEREST IN THE DEBTORS’ 2021 FEDERAL INCOME TAX REFUND, NONINCLUSIVE OF ANY EARNED INCOME CREDIT

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.

Joel L. Tabas, as Chapter 7 Trustee of the Bankruptcy Estate of Said Antonio 

Jamette Lara and Ana Rita Jamette (the "Trustee"), pursuant to Federal Rule of Bankruptcy 

Procedure 9019 and Local Rule 9013-1(D), files this Motion to Approve Stipulation for 

Compromise and Settlement Regarding (A) Valuation and Repurchase of Debtors’ NonExempt Assets and (B) Turnover of the Estate’s Interest in the Debtors’ 2021 Federal 

Income Tax Refund, Non-Inclusive of Any Earned Income Credit (the "Motion"), and in 

support thereof, states as follows:

I. Background

1. This case commenced with the filing of a voluntary Chapter 7 Petition on

September 21, 2021. Joel L. Tabas is the duly appointed Chapter 7 Trustee.

2. The Trustee has evaluated the Debtors’ property valuations and claimed 

exemptions and determined that the resolution agreed upon with the Debtors is in the best 

Case 21-19115-LMI Doc 29 Filed 11/24/21 Page 1 of 14
CASE NO.: 21-19115-BKC-LMI

2

interests of the Estate. The details of the analysis and agreement are set forth in the 

Stipulation for Compromise and Settlement Regarding (A) Valuation and Repurchase of 

Debtors’ Non-Exempt Assets and (B) Turnover of the Estate’s Interest in the Debtors’ 2021 

Federal Income Tax Refund, Non-Inclusive of Any Earned Income Credit, attached hereto 

as Exhibit “A” (the “Stipulation”).

3. The Stipulation provides for the repurchase of Debtors’ non-exempt assets 

(the “Settlement”).

4. Pursuant to the terms of the Stipulation, the Debtors has agreed to pay, and 

the Trustee has agreed to accept the Settlement Amount, as defined in the Stipulation, for 

the repurchase of the Debtors’ non-exempt property and resolution of the other matters set 

forth in the Stipulation.

5. The Stipulation contains additional terms and conditions, including, but not 

limited to, default provisions.

II. Legal Standard for Settlement

6. Bankruptcy Rule 9019(a) provides: “On motion . . . and after a hearing on 

notice to creditors, the debtor . . . and to such other entities as the court may designate, the 

court may approve a compromise or settlement.”1

7. As this Court has previously found, “approval of a settlement in a bankruptcy 

proceeding is within the sound discretion of the Court, and will not be disturbed or modified 

on appeal unless approval or disapproval is an abuse of discretion.” In re Arrow Air, Inc., 85 

B.R. 886, 891 (Bankr. S.D. Fla. 1988) (Cristol, J.) (citing Rivercity v. Herpel (In re Jackson 

Brewing Co.), 624 F.2d 599, 602-03 (5th Cir. 1980); Anaconda-Ericsson, Inc. v. Hessen (In 

1

 Rule 9013-1(D) of the Local Bankruptcy Rules for the Bankruptcy Court for Southern District of 

Florida permits, inter alia, relief without a hearing for motions to approve settlement.

Case 21-19115-LMI Doc 29 Filed 11/24/21 Page 2 of 14
CASE NO.: 21-19115-BKC-LMI

3

re Teltronics Servs., Inc.), 762 F.2d 185, 189 (2d Cir. 1985); In re Prudence Co., 98 F.2d 

559 (2d Cir. 1938), cert. denied sub nom. Stein v. McGrath, 306 U.S. 636 (1939)).

8. The test is whether the proposed settlement “falls below the ‘lowest point in 

the range of reasonableness.’” Arrow Air, 85 Bankr. 891 (quoting Teltronics Servs., 762 

F.2d 189; Cosoff v. Rodman (In re W.T. Grant Co.), 699 F.2d 599, 608 (2d Cir.), cert. 

denied, 464 U.S. 822 (1983)).

9. According to the United States Eleventh Circuit Court of Appeals, when a 

bankruptcy court decides whether to approve or disapprove a proposed settlement, it must 

consider:

(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.

Wallis v. Justice Oaks II, Ltd. (In re Justice Oaks II. Ltd.), 898 F.2d 1544 (11th Cir. 1990). 

See Jackson Brewing, 624 F.2d 602, quoted in Arrow Air, 85 B.R. 891.

10. The Trustee believes that the proposed settlement meets the standards set 

forth in In re Justice Oaks II, and therefore, recommends approval of the settlement 

because it is fair and reasonable, falls within the reasonable range of possible litigation 

outcomes, and is in the best interest of the Estate because full settlement precludes any 

risks associated with litigation and collection in this matter, increases the dividend available 

to creditors, and allows for a distribution of sums and proceeds within a reasonable time.

11. Pursuant to Local Rule 9013-1(D), a copy of the proposed Order is attached 

hereto as Exhibit "B."

Case 21-19115-LMI Doc 29 Filed 11/24/21 Page 3 of 14
CASE NO.: 21-19115-BKC-LMI

4

WHEREFORE, Joel L. Tabas, as Chapter 7 Trustee of the Bankruptcy Estate of

Said Antonio Jamette Lara and Ana Rita Jamette, respectfully requests this Honorable 

Court enter an Order (1) granting the instant Motion; (2) approving the Stipulation; and (3) 

granting such other and further relief as this Court deems just and proper.

CERTIFICATE OF SERVICE

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

November 24, 2021, to the parties who are currently on the list to receive e-mail 

notice/service for this case, and via U.S. Mail to all interested parties on the attached 

service list.

Respectfully submitted,

/s/ Joel L. Tabas

Joel L. Tabas

Florida Bar No. 516902

Tabas & Soloff, P.A.

Attorneys for the Chapter 7 Trustee

25 SE 2nd Ave, Suite 248 

Miami, FL 33131

Telephone: (305) 375-8171

Telefax: (305) 381-7708

Email: jtabas@tabassoloff.com

Case 21-19115-LMI Doc 29 Filed 11/24/21 Page 4 of 14
UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

in re: CASE NO.: 21-19115-BKC-LMi

Chapter 7

SAID ANTONIO JAMETTE LARA

SSN:XXX-XX-1829

ANA RITA JAMETTE

SSN: XXX-XX-71S0

Debtors.

STIPULATION FOR COMPROMISE AND SETTLEMENT REGARDING (A)

VALUATION AND REPURCHASE OF DEBTORS’ NON-EXEMPT ASSETS AND (B)

TURNOVER OF THE ESTATE’S INTEREST IN THE DEBTORS’ 2021 FEDERAL

INCOME TAX REFUND. NON-INCLUSIVE OF ANY EARNED INCOME CREDIT

Joel L. Tabas, as Chapter 7 Trustee, and the Debtors, Said Antonio Jamette Lara

and Ana Rita Jamette (the “Debtors"), enter into this Stipulation for Compromise and

Settlement Regarding (A) Valuation and Repurchase of Debtors’ Non-Exempt Assets

and (B) Turnover of the Estate’s interest in the Debtors’ 2021 Federal income Tax

Refund, Non-lnclusive of Any Earned Income Credit (the- “Stipulation"). The Trustee

and the Debtors agree upon the following terms and conditions:

Tills case commenced with the filing of a voluntary Chapter 7 .Petition on

September 21,202 !. Joel L. Tabas is the duly appointed Chapter 7 Trustee.

The Schedules list certain property (collectively, the "Property").

The Debtors have claimed a portion of the Property as exempt.

Based on a review of Hie documents provided and other salient

information, the Trustee asserts that a portion of the Property may be undervalued.

Further, the Debtors made certain pre-petition improvements to the real property listed

on schedule “A." The Trustee asserts that he may have a claim against the real property

1.

2.

3.

4.

initiais

EXHIBIT "A"

Case 21-19115-LMI Doc 29 Filed 11/24/21 Page 5 of 14
CASE NO.: 21-igil5-BKC-LMI

pursuant to 11 U.S.C. § 522(o) (the “Potential Claim''). Additionally, l.ne Debtors' have a

beneficial interest ‘n a 2014 Chevy Sonic (the ‘^'ehicle") which the Trustee asserts is an

asset of the Estate. Finally, the Debtors' have an one-half Interest In an undisclosed

bank account with a Petition Date balance of $1,722.00 (the "Undisciosed Account"),

The Debtors disputes certain aspects of the Trustee's analysis. 5.

THE SETTLEMENT

The Trustee and the Debtors agree to (a) compromise the valuation and

repurchase of the r^on-exempt interest in the Property, the Vehicle, the Potential Claim

and the Undisclosed Account for $4,000.00 (the "Settlement Amount") and (b) turnover

of the Estate s sixty-seven percent (67%) Interest in the Debtors' 2021 federal income

tax refund, non-inclusive of any earned income credit (the “Refund”).

6.

The Trustee and the Debtor agree that the Settlement Amount provides

for the repurchase of the Debtors' interest in the following:

I.

PRORATION SETTLED VALUE OF

ASSET DESCRIPTION % ASSET

Potential Claim 19.85% S 793.81 I

2019 Hyundai Tucson 15% I S 583.45 I

3 Beds, 3 dressers, sofa, table v/ltri 6 chairs,

nlghtstands,

armchair, coffee table, 2 end tables

1 Television. 2 cellphores.

10% S 396.90

2% : S 79.38

Used clothing and shoes 0% i s 15.88

Earrings, rings, c^ain 3Vu S 119.07

cash 0% I S 3.97

Chase #3950

yVFF#7Cc8

2% S 79.38

1% 5 39.69

BOA #8101 3% S 119.07 I

Robinhood 5% S 205.21J

The Vehicle 22°/. S 880.73 I

Undisclosed Account 17% $ 663.47

Ip trials

2

Case 21-19115-LMI Doc 29 Filed 11/24/21 Page 6 of 14
CASE NO.; 2M9rr;-BKC-LWi

8. The Trustee and the Debtors agree that the Settlement Amount shall be

paid in full on or before December 20. 2021.

9. Each payment shall be in the form of a money order or cashier's check,

made payable to \ioel L, Tabas, Trustee, for the Estate of Said Antonio Jamette Lara

and Ana Rita Jamerte, Case No.: 21-19115-BKC-LMl,” and shall be delivered to; Joel L.

Tabas, Trustee, at 26 SE 2nd Ave, Suite 248, Miami, FL 33131.

10. The Debtors agree to file their 2021 federal income tax return on or before

April 15, 2022 and to provide the Trustee with a copy of the return v^ithin three (3) days

of filing. The Debtors agree to turnover of the Refund within three (3) days of receipt.

The Debtors agree not to take any actions that would impair the Refund.

11. I he Debtors represent and warrant that; (1) all information contained in

tne Debtors Bankruptcy Petition, Schedules, SOF.A, and all amendments thereto

(collectively, the "P;-:jadings"), are true and correct, (2) the Pleadings contain no material

misrepresentations or omissions, (3) all information and documentation provided to the

Trustee (collectively, the '‘Documents"), are true and correct and (4) the Documents

contain no materia! ;nisrepresentations or omissions. To the extent that the Debtors

have failed to disclose any assets, this Stipulation shall not affect the Estate’s right to

seek turnover of such assets or to avail itself of the remedies provided under the

Bankruptcy Code.

In the event that the Debtors fail to comply with the terms of tiiis

Stipulation, or shouid any of the Debtors’ representations and warranties contained

12.

herein be untrue, the Trustee may proceed against any and all assets of the Debtors

including, but not limited to, the Property the Debtors have claimed as exempt for the

initials

3

Case 21-19115-LMI Doc 29 Filed 11/24/21 Page 7 of 14
CASE NO.; 2'.-l311S-BKC-LMI

remainder of the amount due and owing as set forth herein, in addition, the Trustee

shall be entitled to interest, which shall accrue at the statutory rate, attorneys' fees and

costs. Further, the Trustee may file a Notice of Default and submit an Order to the

Court revoking the Debtors' discharge. Pursuant to the terms stated herein, and the

provisions of 11 L'.S.C. §727(a)(10), the Debtors agree to waive any procedural

requirements prior to the entry of an order revoking discharge. However, the Debtors’

discharge will not be revoked without a hearing.

13. This Stipulation represents the entire understanding and agreement

between the parties hereto with respect to the subject matter hereof and cannot be

amended, supplemented or modified except by an instrument in writing signed by the

party or parties against whom enforcement of any amendment, supplement or

modification is sought. A waiver by a party of any breach of any provision of this

stipulation shall not be construed to be a waiver by any suen party of any succeeding

breach of such provision or a waiver by such party of any breach of any other provision.

This Sripulation may be executed in counterparts, which, when combined,

shall be deemed to constitute one original and binding document. The parties further

14.

agree that facsimile signatures shall be treated in all manner and respects as original

signatures.

15. This Stipulation is subject to approval of the United States Bankruptcy

Court, Southern District of Florida.

SIGNATURES ON FOLLOVvfING PAGE

kitta'S

4

Case 21-19115-LMI Doc 29 Filed 11/24/21 Page 8 of 14
CASE NO.: 2-.--;9115 BKC-LMi

Dated thisQ^day of November, 2021. Dated thi of November, 2021.

/

SeTd Antonio Jamette Lara

10495 West 34th''t

Hialeah, FL 33018

?abas, Trustee

nd Ave, Suite 248

Miami, FL 33131

Telephone: (305) 375-8171

Facsimile: (305) 381-7708

Joel L

25 S

Dated this,-:iy-day .?f November, 2021.

-7

\.

AnaiRita Jamette

10495 West 34th C:

Hialeah, FL 33018

Dated this:, _ day of November, 2021.

n

Ricardo Corona,

3899 N\v 7 St, Second Floor

Miami. FL 33126

Irmt^is

Case 21-19115-LMI Doc 29 Filed 11/24/21 Page 9 of 14
UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

In re: CASE NO.: 21-19115-BKC-LMI

Chapter 7

SAID ANTONIO JAMETTE LARA 

SSN: XXX-XX-1829

ANA RITA JAMETTE

SSN: XXX-XX-7190

 Debtors. / 

[PROPOSED]

ORDER GRANTING TRUSTEE’S MOTION TO APPROVE STIPULATION 

FOR COMPROMISE AND SETTLEMENT REGARDING (A) VALUATION AND 

REPURCHASE OF DEBTORS’ NON-EXEMPT ASSETS AND (B) TURNOVER OF THE 

ESTATE’S INTEREST IN THE DEBTORS’ 2021 FEDERAL INCOME TAX REFUND, 

NON-INCLUSIVE OF ANY EARNED INCOME CREDIT

THIS CAUSE having come before the Court upon Joel L. Tabas, Trustee’s Motion to 

Approve Stipulation for Compromise and Settlement Regarding (A) Valuation and 

Repurchase of Debtors’ Non-Exempt Assets and (B) Turnover of the Estate’s Interest in the 

Debtors’ 2021 Federal Income Tax Refund, Non-Inclusive of Any Earned Income Credit (the 

"Motion") [ECF ], and the Court, having reviewed the Motion, having noted that no 

EXHIBIT "B"

Case 21-19115-LMI Doc 29 Filed 11/24/21 Page 10 of 14
CASE NO.: 21-19115-BKC-LMI

2 of 3

objections were filed, finding that the settlement subject of the Motion meets the criteria set 

forth in In re Justice Oaks II. Ltd., 898 F.2d 1544 (11th Cir. 1990) and thus, is in the best 

interests of this Estate, finding that the notice of the proposed compromise and settlement is 

sufficient to comply with Bankruptcy Rules 9019 and 2002(a)(3), Local Rule 9013-1(D), and 

any other applicable notice requirement, 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, and that the form of order was attached 

as an exhibit to the Motion, it is

ORDERED as follows:

1. The Motion is granted.

2. The compromise and settlement is approved on the terms and conditions set 

forth in the Motion and the Stipulation attached to the Motion, and as follows:

The Trustee and the Debtors agree that the Settlement Amount provides for 

the repurchase of the Debtors’ interest in the following:

ASSET DESCRIPTION

PRORATION 

% 

SETTLED VALUE OF 

ASSET

Potential Claim 19.85% $ 793.81 

2019 Hyundai Tucson 15% $ 583.45 

3 Beds, 3 dressers, sofa, table with 6 chairs, 

nightstands, armchair, coffee table, 2 end 

tables 10% $ 396.90 

1 Television, 2 cellphones. 2% $ 79.38 

Used clothing and shoes 0% $ 15.88 

Earrings, rings, chain 3% $ 119.07 

Cash 0% $ 3.97 

Chase #3950 2% $ 79.38 

WFF #7068 1% $ 39.69 

BOA #8101 3% $ 119.07 

Robinhood 5% $ 205.21 

The Vehicle 22% $ 880.73 

Undisclosed Account 17% $ 683.47 

Case 21-19115-LMI Doc 29 Filed 11/24/21 Page 11 of 14
CASE NO.: 21-19115-BKC-LMI

3 of 3

The Trustee and the Debtors agree that the Settlement Amount shall be paid 

in full on or before December 20, 2021.

The Debtors agree to file their 2021 federal income tax return on or before 

April 15, 2022, and to provide the Trustee with a copy of the return within 

three (3) days of filing. The Debtors agree to turnover of the Refund within 

three (3) days of receipt. The Debtors agree not to take any actions that 

would impair the Refund. 

3. The Court incorporates the terms of the Stipulation into this Order and retains 

jurisdiction to enforce the terms thereof.

# # #

Submitted by:

Joel L. Tabas

Tabas & Soloff, P.A.

Attorneys for the Chapter 7 Trustee

25 SE 2nd Ave, Suite 248 

Miami, FL 33131

Telephone: (305) 375-8171

Facsimile: (305) 381-7708

Email: jtabas@tabassoloff.com

Copy furnished to:

Joel L. Tabas

Joel L. Tabas, Esq. shall serve copies of this Order on all interested parties and file a 

certificate of service.

Case 21-19115-LMI Doc 29 Filed 11/24/21 Page 12 of 14
21-19115-LMI

LAKEVIEW LOAN SERVICING, LLC

Diaz Anselmo & Associates, P.A.

PO BOX 19519

FORT LAUDERDALE, FL 33318-0519

21-19115-LMI

Synchrony Bank

PRA Receivables Management, LLC

PO Box 41021

Norfolk, VA 23541-1021

21-19115-LMI

AMERICAN HONDA FINANCE

P O BOX 168088

IRVING TX 75016-8088

21-19115-LMI

Badcock

11247 Sw 152nd St

Cutler Ridge, FL 33157-1101

21-19115-LMI

BANK OF AMERICA

PO BOX 982238

EL PASO TX 79998-2238

21-19115-LMI

Capital One Bank Usa N

1680 Capital One Drive

Mc Lean, VA 22102-3407

21-19115-LMI

Capital One Bank Usa N

Po Box 31293

Salt Lake City, UT 84131-0293

21-19115-LMI

Cavalry SPV I, LLC

500 Summit Lake Drive, Ste 400

Valhalla, NY 10595-2321

21-19115-LMI

Cavalry SPV II, LLC

500 Summit Lake Drive, Ste 400

Valhalla, NY 10595-2321

21-19115-LMI

Central Loan Admin & R

Po Box 77404

Ewing, NJ 08628-6404

21-19115-LMI

Chrysler Capital

Po Box 961212

Fort Worth, TX 76161-0212

21-19115-LMI

Citi

Po Box 6217

Sioux Falls, SD 57117-6217

21-19115-LMI

Citibank

5800 South Corporate Place

Sioux Falls, SD 57108-5027

21-19115-LMI

Comenitybank/victoria

Po Box 182789

Columbus, OH 43218-2789

21-19115-LMI

Comenitycap/eldorado

Po Box 182120

Columbus, OH 43218-2120

21-19115-LMI

Comenitycb/bjsclub

Po Box 182120

Columbus, OH 43218-2120

21-19115-LMI

Credit First N A

Pob 81315

Cleveland, OH 44181-0315

21-19115-LMI

Crown Asset Management, LLC

3100 Breckinridge Blvd, Suite 725

Duluth, GA 30096-7605

21-19115-LMI

DSNB MACY S

CITIBANK

1000 TECHNOLOGY DRIVE MS 777

O'FALLON MO 63368-2222

21-19115-LMI

Eagle Home Mortgage, L

15550 Lightwave Dr Ste 2

Clearwater, FL 33760-3504

21-19115-LMI

Fed Loan Serv

Pob 60610

Harrisburg, PA 17106-0610

21-19115-LMI

Flagstar Bank

PO Box 660263

Dallas, TX 75266-0263

21-19115-LMI

Flynn Lavvrar, Esq.

1133 S University Drive, 2nd Floor

Fort Lauderdale, FL 33324-3303

21-19115-LMI

Hyundai Capital Americ

10550 Talbert Av

Fountain Valley, CA 92708-6032

21-19115-LMI

JPMORGAN CHASE BANK N A

BANKRUPTCY MAIL INTAKE TEAM

700 KANSAS LANE FLOOR 01 MONROE 

LA 71203-4774

21-19115-LMI

Lvnv Funding Llc

C/o Resurgent Capital Services

Greenville, SC 29602

21-19115-LMI

Midland Funding

320 East Big Beaver

Troy, MI 48083-1238

21-19115-LMI

Pollack & Rosen

806 S. Douglas Road

South Tower, Ste 450

Miami, FL 33134-3157

21-19115-LMI

Portfolio Recov Assoc

120 Corporate Blvd., Ste 100

Norfolk, VA 23502-4952

21-19115-LMI

Space Coast Credit Uni

8045 N Wickham Rd

Melbourne, FL 32940-7920

Case 21-19115-LMI Doc 29 Filed 11/24/21 Page 13 of 14
21-19115-LMI

Syncb/city Furniture

Po Box 965036

Orlando, FL 32896-0001

21-19115-LMI

Syncb/rooms To Go

Po Box 965036

Orlando, FL 32896-0001

21-19115-LMI

Thd/cbna

Po Box 6497

Sioux Falls, SD 57117-6497

21-19115-LMI

The Bureaus Inc

650 Dundee Road

Northbrook, IL 60062-2747

21-19115-LMI

TROPICAL FINANCIAL CREDIT UNION

3050 CORPORATE WAY

MIRAMAR FL 33025-6548

21-19115-LMI

Webbank/fingerhut

6250 Ridgewood Road

Saint Cloud, MN 56303-0820

21-19115-LMI

Zakheim & LaVrar, PA

1133 South University Drive, 2nd floor

Fort Lauderdale, FL 33324-3303

21-19115-LMI

Ana Rita Jamette

10495 West 34th Ct

Hialeah, FL 33018-2112

21-19115-LMI

Said Antonio Jamette Lara

10495 West 34th Ct

Hialeah, FL 33018-2112

Case 21-19115-LMI Doc 29 Filed 11/24/21 Page 14 of 14