UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

www.flsb.uscourts.gov 

In re 

LORENZO ANDREW ALLEN, 

Debtor 

LORENZO A. ALLEN, 

Plaintiff 

Vs. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

THE BANK OF NEW YORK ) 

F/K/A/THEBANKOFNEW AS ) 

SUCCESSOR TO JPMORGAN ) 

CHASE BANK, N.A., AS TRUS- ) 

TEE FPR ASSET BACKED ) 

FUNDING CORPORATION AS- ) 

SET BACKED CERTIFICATES, ) 

SERIES 2003-AHLI; HINSHAW ) 

& CULBERTSON; and PETER ) 

HERNANDEZ, Esq. ) 

Case No.: 22-10014-SMG 

Chapter 13 

Adversary No. -------

COMPLAINT 

Plaintiff LORENZO A. ALLEN (hereinafter "Plaintiff''), files this complaint 

against the Bank of New York Mellon f/k/a the Bank of New York as Successor to 

JPMorgan Chase Bank, N.A., as Trustee for Asset Backed Funding Corporation AssetBacked Certificates, Series 2003-AHLI" (hereinafter, "BONY" or the "Defendant 

BONY"); Hinshaw & Culbertson, LLP ("HINSHAW" or "Defendant HINSHAW"); 

Attorney Peter A. Hernandez (hereinafter, "HERNANDEZ" or Defendant 

HERNANDEZ), and states: 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 1 of 27
JURISDICTION 

1. This is an adversary proceeding in which the Plaintiff is seeking actual and statutory 

damages due to Defendants BONY, HINSHAW; and HERNANDEZ' violations of 

the Florida Consumer Collection Practices Act ("FCCPA"), Fla. Stat. § 559.55 et 

seq. 

2. This Court has jurisdiction pursuant to 28 U.S.C. §§ 157 and 1334. 

3. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(1), and this Court has 

jurisdiction to enter final orders pursuant to Stern v. Marshall, 564 U.S. 462 (2011) 

and its progeny. 

4. Plaintiff has standing to bring this action pursuant to Fla Stat. § 559.55 et seq. 

5. Venue is proper pursuant to 28 U.S.C. § 1409(a). 

PARTIES 

6. At all material times herein, the conduct of the Defendants, complained of below, 

occurred in Broward County, Florida. 

7. At all material times herein, Plaintiff Lorenzo Allen is an individual residing in 

Broward County, Florida. 

8. At all times material hereto, Defendant BONY was and appears to be a New York 

Corporation with its principal place of business located at 240 Greenwich Street, 

New York, NY 10286. Defendant BONY lists its registered agent as CT 

Corporation System, 1200 S. Pine Island Road, Plantation, FL 33324. Defendant 

BONY, itself and through its subsidiaries, regularly extends, services, and collects 

debts from consumers in Broward County. 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 2 of 27
9. At all times material hereto, the Defendant BONY is and was a "creditor" as that 

term is defined in F.S. § 559.55(5). 

10. At all times material hereto, Defendant HINSHAW was and is a Florida for-profit 

corporation with its principal place of business located at 201 E. Las Olas 

Boulevard, Suite 1450, Fort Lauderdale, FL 33301. Defendant HINSHAW, does 

itself, and through its subsidiaries, regularly collects debts from consumers in 

Broward County, Florida. Through information and belief, HINSHAW's 

registered agent is as Hinshaw & Culbertson, LLP, at 201 E. Las Olas Boulevard, 

Suite 1450, Fort Lauderdale, FL 33301. 

11. At all times material hereto, Defendant HERNANDEZ is, sui juris, and who at all 

times relevant hereto was and is a member of the Florida Bar. Defendant 

HERNANDEZ was and is an individual with his principal place of business located 

at 201 E. Las Olas Boulevard, Suite 1450, Fort Lauderdale, FL 33301. Defendant 

HERNANDEZ, does himself, and through his subsidiaries, regularly collects debts 

from consumers in Broward County, Florida. Through information and belief, 

HERNANDEZ's registered agent is as Hinshaw & Culbertson, LLP, at 201 E. Las 

Olas Boulevard, Suite 1450, Fort Lauderdale, FL 33301. 

12. At all material times herein, the Defendants used instrumentalities of interstate 

commerce or the mails in a business the principal purpose of which is the collection 

of debts. 

13. At all material times herein, Defendants HINSHAW and HERNANDEZ regularly 

collects or attempts to collect, directly or indirectly, debts owed or due or asserted 

to be owed or due another. 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 3 of 27
14. Additionally, Defendants HINSHAW and HERNANDEZ regularly collects 

debts-on behalf of others-in this District by suing hundreds of consumers for 

mortgage foreclosure, and in such instances, Defendants HINSHAW and 

HERNANDEZ generally seeks a judgment on the note and reservation of 

jurisdiction for enforcement of a deficiency judgment. 

15. At all material times herein, Defendants are "debt collectors" as defined by the 

FCCP A, and as supported by the allegations above. 

16. Additionally, Defendants HINSHAW and HERNANDEZ regularly collects 

debts-on behalf of others-in this District by suing hundreds of consumers for 

mortgage foreclosure, and in such instances, Defendants HINSHAW and 

HERNANDEZ generally seeks a judgment on the note and reservation of 

jurisdiction for enforcement of a deficiency judgment 

1 7. In Broward County alone, a search of court docket filings shows that Defendants 

HINSHAW and HERNANDEZ has attempted ( or is attempting) to collect debt 

from consumers-on behalf of others-via the filing of lawsuits. 

18. At all material times herein, HINSHAW and HERNANDEZ, are and were agents 

ofBONY. 

19. At all material times herein, Defendant HERNANDEZ acted on his own and/or 

through Defendants BONY and HINSHAW. 

20. At all material times herein, the Defendants attempted to collect a debt allegedly 

incurred incident to a mortgage encumbering Plaintiff's homestead residence 

(hereinafter, the "Debt"). 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 4 of 27
21. At all material times herein, the Debt is a consumer debt, incurred primarily for 

personal, household, or family use. 

22. At all material times herein, the Defendant's conduct, with respect to the Debt 

complained of below, qualifies as "communication" as defined by the FCCPA. 

23. Specifically, at all material times herein, the Defendants email communications on 

February 9, 2022, February 15, 2022, February 18, 2022, February 21, 2022 and 

again on February 27, 2022 (see Exhibits "A- E" below), qualifies as such 

communication. Moreover, each of those email communications are subject to this 

complaint (as defined infra), and were each a "claim, attempt, or threat to enforce 

a debt" as defined by Florida Statutes, Section 559.72(9). 

24. At all material times herein, Defendants acted themselves or through their agents, 

employees, officers, members, directors, successors, assigns, principals, trustees, 

sureties, subrogees, representatives, third-party vendors, and insurers. 

25. At all material times herein, Defendants are each a "person" subject to Florida 

Statutes, Section 559.72. See Fla. Stat. § 559.55(5); Schauer v. General Motors 

Acceptance Corp., 819 So. 2d 809 (Fla. 4th DCA 2002). 

26. At all material times herein, HINSHAW and HERNANDEZ acted on behalf of, 

with the approval of, and with full authority on behalf of BONY, within the scope 

of HINSHAW and HERNANDEZ' agency and creditor-debt collector relationship 

with BONY. 

27. All necessary conditions precedent to the filing of this action occurred or 

Defendants waived the same. 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 5 of 27
28. At all times material hereto, Plaintiff Lorenzo Allen owned and continues to own 

the subject property, which is located in Broward County, Florida. 

29. At all material times herein, Plaintiff is a "debtor(s)" or "consumer(s)" as defined 

by the FCCPA. 

30. The Subject Property is a residential single-family home structure. 

31. Plaintiff is a natural person residing in Parkland, Florida. 

PREFACE 

32. Here, the Defendants BONY, HINSHAW and HERNANDEZ ( collectively, the 

"Defendants") willfully communicated (via several emails) with the 

Plaintiff/Debtor Lorenzo Allen, and did so with such a frequency designed to harass 

and abuse the Plaintiff/Debtor. Moreover, the Defendants willfully engaged in 

other conduct (scheduling an inappropriate state Court hearing), in order to abuse 

and harass the Plaintiff/Debtor even more. 

33. The Defendants, by repeatedly sending Plaintiff harassing emails in an attempt to 

trick the Plaintiff/Debtor into agreeing to the entry of a state Court final judgment, 

when they knew that they were not yet entitled to such final judgment, violated 

Florida law. Therefore, via their repeated emails, the Defendants falsely asserted 

the existence of a legal right - the right to a state Court Final Judgment, that they 

knew did not exist. 

34. Indeed, by repeatedly attempting to obtain a state Court fmal judgment, the 

Defendants claimed, attempted, and threaten to enforce a debt ( the Mortgage Note), 

when each of the Defendants knew that they were asserting the existence of the 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 6 of 27
right to enforce the alleged debt, even though they knew that such right did not did 

not exist at the time. 

35. Finally, the Defendants, through their repeated harassing emails, directly 

communicated with the Plaintiff/Debtor, when each of the Defendants knew that 

the Debtor/Plaintiff Lorenzo Allen, was, and still is, represented by an attorney with 

respect to the aforementioned debt. Moreover, the Defendants (by appearing in the 

underlying chapter 13 bankruptcy case), clearly had knowledge of the Plaintiff 

attorney's name and address, but, prior to initiating their harassing email campaign, 

made no attempts whatsoever to contact the Debtor's attorney. 

BACKGROUND FACTS 

36. On or before February 5, 2022, the Plaintiff Lorenzo Allen's bankruptcy attorney 

appeared in this instant case and filed several documents on the Plaintiff/Debtor's 

behalf. [ECF Nos. 15-19]. 

37. On February 7, 2022, the Plaintiff's attorney filed a Motion to reinstate this chapter 

13 bankruptcy case, which the Court granted on February 18, 2022. [ECF Nos. 20 

and 23]. 

38. On February 9, 2022, Defendants BONY and HERNANDEZ (despite the automatic 

stay being in place), file a motion in the 1 Jth Judicial Circuit Court (the "state 

Court"). Shortly after filing their motion in the state Court, Defendant 

HERNANDEZ (despite knowing that the Plaintiff Lorenzo Allen was then, 

represented by counsel), chose to "communicate" with the Plaintiff via email, by 

requesting that he [the represented Plaintiff/Debtor] "approve" or agree with the 

entry of an amended final judgment. A copy of Defendant HERNANDEZ' 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 7 of 27
February 9, 2022 email communication with the represented Plaintiff, is attached 

hereto as Exhibit "A". 

39. On February 15, 2022, Defendant BONY, by and through Defendant 

HERNANDEZ, once again chose to communicate with the represented Plaintiff, 

by sending him [plaintiff] a "follow-up" email - essentially harassing and 

attempting to deceive the Plaintiff into "approving" something that's not in the 

Plaintiffs best interest - the re-entry of the void final judgment. A copy of 

Defendant HERNANDEZ' February_ l 5, 2022 email harassing and attempting to 

deceive an unsophisticated Plaintiff, is attached hereto as Exhibit "B". 

40. On February 18, 2022, this Court entered an order reinstating this instant 

bankruptcy case, and immediately thereafter, the Plaintiff file and served an 

amended "suggestion of bankruptcy" in the state Court. Shockingly however, 

HERNANDEZ (after acknowledging the reinstatement of this instant bankruptcy 

case), chose to continue communicating with, and harassing the Plaintiff into 

"approving" or agreeing to a state Court final judgment. A copy of HERNANDEZ' 

February 18, 2022 email harassing and attempting to deceive an unsophisticated 

Plaintiff, is attached hereto as Exhibit "C". 

41. On February 21, 2022 (three days after this instant case was reinstated) 

HERNANDEZ, once again sent a harassing email to the represented Plaintiff, 

which essentially threatens the Plaintiff to "approve" the motion for final judgment 

or face a state court hearing on the matter. A copy of HERNANDEZ' February 21, 

2022 email harassing and attempting to deceive an unsophisticated Plaintiff, is 

attached hereto as Exhibit "D". 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 8 of 27
42. On February 27, 2022, HERNANDEZ continued harassing and attempting to 

deceive the represented Plaintiff by communicating with him via yet another email, 

this time, giving the Plaintiff a March 1, 2022 deadline to approve and agree with 

HERNANDEZ' motion for a post-petition final judgment, or face having to attend 

a hearing on the matter. A copy of HERNANDEZ' February 27, 2022 email 

harassing and attempting to deceive an unsophisticated Plaintiff, is attached hereto 

as Exhibit "E". 

43. On March 15, 2022, HERNANDEZ, on behalf of creditor BONY, fulfilled his 

repeated threats by scheduling a hearing to occur in the state Court on March 28, 

2022 - all while the Plaintiff's chapter 13 bankruptcy case is pending before this 

Court; and while the Defendants BONY and HERNANDEZ knew Plaintiff was 

represented by counsel. A copy of HERNANDEZ' March 15, 2022 email harassing 

and attempting to deceive an unsophisticated Plaintiff, is attached hereto as Exhibit 

"F". 

COUNT! 

DEFENDANTS BONY, HINSHAW and HERNANDEZ 

VIOLATON OF THE FLORIDA CONSUMER 

COLLECTION PRACTICES ACT 

(F.S. § 559. 72(7), (9) and (18)) 

44. Plaintiff repeat and realleges paragraphs I through 43 with the same force and effect 

as though fully set forth herein. 

45. Florida Statutes§ 559.72 (7) provides that: 

"in collecting consumer debts, no person shall willfully communicate with 

the debtor or any member of her or his family with such frequency as can 

reasonably be expected to harass the debtor or her or his family, or willfully 

engage in other conduct which can reasonably be expected to abuse or 

harass the debtor or any member of her or his family." 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 9 of 27
46. Florida Statutes § 559. 72 (9) provides that: 

"in collecting consumer debts, no person shall claim, attempt, or threaten to 

enforce a debt when such person knows that the debt is not legitimate, or 

assert the existence of some other legal right when such person knows that 

the right does not exist." 

47. Florida Statutes§ 559.72 (18) provides that: 

"in collecting consumer debts, no person shall communicate with a debtor 

if the person knows that the debtor is represented by an attorney with respect 

to such debt and has knowledge of, or can readily ascertain, such attorney's 

name and address, unless the debtor's attorney fails to respond within 30 

days to a communication from the person, unless the debtor's attorney 

consents to a direct communication with the debtor, or unless the debtor 

initiates the communication. 

48. Thus, by sending or causing to be sent Exhibit "A" on February 9, 2022 while 

Plaintiff/Debtor Lorenzo Allen was protected by the bankruptcy automatic stay and 

represented by counsel with respect to the debt in question, Defendants BONY, 

HINSHAW and HERNANDEZ violated§§ 559.72 (7), (9), and (18), Fla. Stat. 

49. Defendants BONY, HINSHAW and HERNANDEZ are all subject to, and each 

violated the provisions of Florida Statutes, sections §§ 559.72 (7), (9), and (18), 

Fla. Stat. 

50. As a direct and proximate result of the Defendant's actions, Plaintiff sustained 

damages as defined by Florida Statutes, Section 559.77. 

51. The Debtor has, is continuing to, and will suffer actual damages in the form of 

attorney fees, emotional distress, anxiety, and the constant fear of losing his home, 

worry, embarrassment, and anguish as a result of the ongoing stay violations and 

other egregious conduct on the part of the Creditor BANK of NY, and/or its agents. 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 10 of 27
WHEREFORE, Plaintiff/Debtor Lorenzo Allen demands judgment against BONY, 

HINSHAW and HERNANDEZ for actual damages, injunctive relief, and statutory 

damages of $1,000 each. 

COUNT II 

DEFENDANTS BONY, HINSHAW and HERNANDEZ 

VIOLATON OF THE FLORIDA CONSUMER 

COLLECTION PRACTICES ACT 

(F.S. § 559. 72(7), (9) and (18)) 

52. Plaintiff repeat and realleges paragraphs 1 through 51 with the same force and effect 

as though fully set forth herein. 

53. Florida Statutes§ 559.72 (7) provides that: 

"in collecting consumer debts, no person shall willfully communicate with 

the debtor or any member of her or his family with such frequency as can 

reasonably be expected to harass the debtor or her or his family, or willfully 

engage in other conduct which can reasonably be expected to abuse or 

harass the debtor or any member of her or his family." 

54. Florida Statutes § 559. 72 (9) provides that: 

"in collecting consumer debts, no person shall claim, attempt, or threaten to 

enforce a debt when such person knows that the debt is not legitimate, or 

assert the existence of some other legal right when such person knows that 

the right does not exist." 

55. Florida Statutes§ 559.72 (18) provides that: 

"in collecting consumer debts, no person shall communicate with a debtor 

if the person knows that the debtor is represented by an attorney with respect 

to such debt and has knowledge of, or can readily ascertain, such attorney's 

name and address, unless the debtor's attorney fails to respond within 30 

days to a communication from the person, unless the debtor's attorney 

consents to a direct communication with the debtor, or unless the debtor 

initiates the communication. 

56. Thus, by sending or causing to be sent Exhibit "B" on February 15, 2022 while 

Plaintiff/Debtor Lorenzo Allen was protected by the bankruptcy automatic stay and 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 11 of 27
represented by counsel with respect to the debt in question, Defendants BONY, 

HINSHAW and HERNANDEZ violated§§ 559.72 (7), (9), and (18), Fla. Stat. 

57. Defendants BONY, HINSHAW and HERNANDEZ are all subject to, and each 

violated the provisions of Florida Statutes, sections §§ 559.72 (7), (9), and (18), 

Fla. Stat. 

58. As a direct and proximate result of the Defendant's actions, Plaintiff sustained 

damages as defined by Florida Statutes, Section 559.77. 

59. The Debtor has, is continuing to, and will suffer actual damages in the form of 

attorney fees, emotional distress, anxiety, and the constant fear of losing his home, 

worry, embarrassment, and anguish as a result of the ongoing stay violations and 

other egregious conduct on the part of the Creditor BANK of NY, and/or its agents. 

WHEREFORE, Plaintiff/Debtor Lorenzo Allen demands judgment against BONY, 

HINSHAW and HERNANDEZ for actual damages, injunctive relief, and statutory 

damages of $1,000 each. 

COUNTIII 

DEFENDANTS BONY, HINSHAW and HERNANDEZ 

VIOLATON OF THE FLORIDA CONSUMER 

COLLECTION PRACTICES ACT 

(F.S. § 559. 72(7), (9) and (18)) 

60. Plaintiff repeat and realleges paragraphs 1 through 59 with the same force and effect 

as though fully set forth herein. 

61. Florida Statutes§ 559.72 (7) provides that: 

"in collecting consumer debts, no person shall willfully communicate with 

the debtor or any member of her or his family with such frequency as can 

reasonably be expected to harass the debtor or her or his family, or willfully 

engage in other conduct which can reasonably be expected to abuse or 

harass the debtor or any member of her or his family." 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 12 of 27
62. Florida Statutes§ 559.72 (9) provides that: 

"in collecting consumer debts, no person shall claim, attempt, or threaten to 

enforce a debt when such person knows that the debt is not legitimate, or 

assert the existence of some other legal right when such person knows that 

the right does not exist." 

63. Florida Statutes§ 559.72 (18) provides that: 

"in collecting consumer debts, no person shall communicate with a debtor 

if the person knows that the debtor is represented by an attorney with respect 

to such debt and has knowledge of, or can readily ascertain, such attorney's 

name and address, unless the debtor's attorney fails to respond within 30 

days to a communication from the person, unless the debtor's attorney 

consents to a direct communication with the debtor, or unless the debtor 

initiates the communication. 

64. Thus, by sending or causing to be sent Exhibit "C" on February 18, 2022 while 

Plaintiff/Debtor Lorenzo Allen was protected by the bankruptcy automatic stay and 

represented by counsel with respect to the debt in question, Defendants BONY, 

HINSHAW and HERNANDEZ violated§§ 559.72 (7), (9), and (18), Fla. Stat. 

65. Defendants BONY, HINSHAW and HERNANDEZ are all subject to, and each 

violated the provisions of Florida Statutes, sections §§ 559.72 (7), (9), and (18), 

Fla. Stat. 

66. As a direct and proximate result of the Defendant's actions, Plaintiff sustained 

damages as defined by Florida Statutes, Section 559.77. 

67. The Debtor has, is continuing to, and will suffer actual damages in the form of 

attorney fees, emotional distress, anxiety, and the constant fear of losing his home, 

worry, embarrassment, and anguish as a result of the ongoing stay violations and 

other egregious conduct on the part of the Creditor BANK of NY, and/or its agents. 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 13 of 27
WHEREFORE, Plaintiff/Debtor Lorenzo Allen demands judgment against BONY, 

HINSHAW and HERNANDEZ for actual damages, injunctive relief, and statutory 

damages of $1,000 each. 

COUNTIV 

DEFENDANTS BONY, IDNSHA Wand HERNANDEZ 

VIOLATON OF THE FLORIDA CONSUMER 

COLLECTION PRACTICES ACT 

(F.S. § 559. 72(7), (9) and (18)) 

68. Plaintiff repeat and realleges paragraphs I through 67 with the same force and effect 

as though fully set forth herein. 

69. Florida Statutes§ 559.72 (7) provides that: 

"in collecting consumer debts, no person shall willfully communicate with 

the debtor or any member of her or his family with such frequency as can 

reasonably be expected to harass the debtor or her or his family, or willfully 

engage in other conduct which can reasonably be expected to abuse or 

harass the debtor or any member of her or his family." 

70. Florida Statutes§ 559.72 (9) provides that: 

"in collecting consumer debts, no person shall claim, attempt, or threaten to 

enforce a debt when such person knows that the debt is not legitimate, or 

assert the existence of some other legal right when such person knows that 

the right does not exist." 

71. Florida Statutes§ 559.72 (18) provides that: 

"in collecting consumer debts, no person shall communicate with a debtor 

if the person knows that the debtor is represented by an attorney with respect 

to such debt and has knowledge of, or can readily ascertain, such attorney's 

name and address, unless the debtor's attorney fails to respond within 30 

days to a communication from the person, unless the debtor's attorney 

consents to a direct communication with the debtor, or unless the debtor 

initiates the communication. 

72. Thus, by sending or causing to be sent Exhibit "D" on February 21, 2022 while 

Plaintiff/Debtor Lorenzo Allen was protected by the bankruptcy automatic stay and 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 14 of 27
represented by counsel with respect to the debt in question, Defendants BONY, 

HINSHAW and HERNANDEZ violated§§ 559.72 (7), (9), and (18), Fla. Stat. 

73. Defendants BONY, HINSHAW and HERNANDEZ are all subject to, and each 

violated the provisions of Florida Statutes, sections §§ 559.72 (7), (9), and (18), 

Fla. Stat. 

74. As a direct and proximate result of the Defendant's actions, Plaintiff sustained 

damages as defined by Florida Statutes, Section 559.77. 

75. The Debtor has, is continuing to, and will suffer actual damages in the form of 

attorney fees, emotional distress, anxiety, and the constant fear of losing his home, 

worry, embarrassment, and anguish as a result of the ongoing stay violations and 

other egregious conduct on the part of the Creditor BANK of NY, and/or its agents. 

WHEREFORE, Plaintiff/Debtor Lorenzo Allen demands judgment against BONY, 

HINSHAW and HERNANDEZ for actual damages, injunctive relief, and statutory 

damages of $1,000 each. 

COUNTV 

DEFENDANTS BONY, IDNSHA Wand HERNANDEZ 

VIOLATON OF THE FLORIDA CONSUMER 

COLLECTION PRACTICES ACT 

(F.S. § 559.72(7), (9) and (18)) 

76. Plaintiff repeat and realleges paragraphs 1 through 75 with the same force and effect 

as though fully set forth herein. 

77. Florida Statutes§ 559.72 (7) provides that: 

"in collecting consumer debts, no person shall willfully communicate with 

the debtor or any member of her or his family with such frequency as can 

reasonably be expected to harass the debtor or her or his family, or willfully 

engage in other conduct which can reasonably be expected to abuse or 

harass the debtor or any member of her or his family." 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 15 of 27
78. Florida Statutes§ 559.72 (9) provides that: 

"in collecting consumer debts, no person shall claim, attempt, or threaten to 

enforce a debt when such person knows that the debt is not legitimate, or 

assert the existence of some other legal right when such person knows that 

the right does not exist." 

79. Florida Statutes§ 559.72 (18) provides that: 

"in collecting consumer debts, no person shall communicate with a debtor 

if the person knows that the debtor is represented by an attorney with respect 

to such debt and has knowledge of, or can readily ascertain, such attorney's 

name and address, unless the debtor's attorney fails to respond within 30 

days to a communication from the person, unless the debtor's attorney 

consents to a direct communication with the debtor, or unless the debtor 

initiates the communication. 

80. Thus, by sending or causing to be sent Exhibit "E" on February 27, 2022 while 

Plaintiff/Debtor Lorenzo Allen was protected by the bankruptcy automatic stay and 

represented by counsel with respect to the debt in question, Defendants BONY, 

HINSHAW and HERNANDEZ violated§§ 559.72 (7), (9), and (18), Fla. Stat. 

81. Defendants BONY, HINSHAW and HERNANDEZ are all subject to, and each 

violated the provisions of Florida Statutes, sections §§ 559.72 (7), (9), and (18), 

Fla. Stat. 

82. As a direct and proximate result of the Defendant's actions, Plaintiff sustained 

damages as defined by Florida Statutes, Section 559.77. 

83. The Debtor has, is continuing to, and will suffer actual damages in the form of 

attorney fees, emotional distress, anxiety, and the constant fear of losing his home, 

worry, embarrassment, and anguish as a result of the ongoing stay violations and 

other egregious conduct on the part of the Creditor BANK of NY, and/or its agents. 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 16 of 27
WHEREFORE, Plaintiff/Debtor Lorenzo Allen demands judgment against BONY, 

HINSHAW and HERNANDEZ for actual damages, injunctive relief, and statutory 

damages of $1,000 each. 

PRAYER FOR RELIEF 

WHEREFORE, Plaintiff/Debtor Lorenzo Allen demands judgment against 

BONY, HINSHAW and HERNANDEZ and as a direct and proximate result of the 

Defendants' conduct, Plaintiff respectfully request: 

a. Judgment against Defendants declaring that each of the Defendants violated the FCCPA; 

b. Judgment against the Defendants for maximum statutory damages for violations of the 

FCCPA; 

d. Actual damages in an amount to be determined at trial; 

e. Punitive damages in an amount to be determined at trial; 

f. An award of attorneys' fees and costs; and 

g. Any other such relief the Court may deem proper. 

DEMAND FOR JURY TRIAL 

1. Plaintiff hereby demand a trial by jury on all issues triable by right. 

Respectfully submitted, 

~.~:" 

6207 NW 66th Way 

~ Parkland, Florida 33067 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 17 of 27
Exhibit A 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 18 of 27
-----Original Message-----

From: Hernandez, Peter A.<PAHernandez@hinshawlaw.com> 

To: lorenzo allen <poboy62@aol.com> 

Cc: Fernandez, Barbara <bfernandez@hinshawlaw.com> 

Sent: Wed, Feb 9, 2022 3:40 pm 

Subject: Bank of New York Mellon v. Juanita Allen/ Case no. CACE14009009 / Motion to Vacate 

Good afternoon Mr. Allen, 

I am writing to provide a copy of the Motion to Vacate Final Judgment and for Entry of Amended Final 

Judgment of Foreclosure. 

Attached please find an Agreed Order granting the motion. Please confirm your approval in order to 

submit the proposed order to the Court for consideration. 

Thank you, 

Peter A. Hernandez, Esq. 

Hinshaw & Culbertson LLP 

2525 Ponce de Leon Blvd, 4th Floor, Coral Gables, FL 33134 

305-428-5071 I Fax: 305-577-1063 

PAHernandez@hinshawlaw.com I hinshawlaw.com 

2 attachments 

Motion To Vacate Final Judgment.pdf 

515K 

Allen, Juanita - Order on Plaintiff Motion to Vacate Judgment.DOCX 

37K 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 19 of 27
Exhibit B 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 20 of 27
-----Original Message-----

From: Hernandez, Peter A.<PAHernandez@hinshawlaw.com> 

To: lorenzo allen <poboy62@aol.com> 

Cc: Fernandez, Barbara <bfernandez@hinshawlaw.com>; Connolly, Doreen 

<DConnolly@hinshawlaw.com> 

Sent: Tue, Feb 15, 2022 2:53 pm 

Subject: FW: Bank of New York Mellon v. Juanita Allen/ Case no. CACE14009009 / Motion to Vacate 

Mr. Allen, 

I am writing to follow up on the proposed Agreed Order. Please confirm I have your approval to submit 

the order. 

Thank you, 

Peter A. Hernandez, Esq. 

Hinshaw & Culbertson LLP 

2525 Ponce de Leon Blvd, 4th Floor, Coral Gables, FL 33134 

305-428-5071 I Fax: 305-577-1063 

PAHernandez@hinshawlaw.com I hinshawlaw.com 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 21 of 27
Exhibit C 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 22 of 27
----- Forwarded Message -----

From: Hernandez, Peter A.<pahernandez@hinshawlaw.com> 

To: lorenzo allen <poboy62@aol.com> 

Cc: Fernandez, Barbara <bfernandez@hinshawlaw.com>; Connolly, Doreen 

<dconnolly@hinshawlaw.com> 

Sent: Friday, February 18, 2022, 11:26:53 AM EST 

Subject: RE: Bank of New York Mellon v. Juanita Allen/ Case no. CACE14009009 / Motion to Vacate 

Mr. Allen, 

In light of the Amended Suggestion of Bankruptcy filed today notifying that the bankruptcy proceedings 

have been reinstated, attached please find a revised Agreed Order granting in part Plaintiff's Motion. 

Please review and advise if we have your approval to submit the proposed order for the Court's 

consideration. 

Thank you, 

Peter A. Hernandez, Esq. 

Hinshaw & Culbertson LLP 

2525 Ponce de Leon Blvd, 4th Floor, Coral Gables, FL 33134 

305-428-5071 I Fax: 305-577-1063 

PAHernandez@hinshawlaw.com I hinshawlaw.com 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 23 of 27
Exhibit D 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 24 of 27
----Original Message-----

From: Hernandez, Peter A.<PAHernandez@hinshawlaw.com> 

To: lorenzo allen <poboy62@aol.com> 

Cc: Fernandez, Barbara <bfernandez@hinshawlaw.com>; Connolly, Doreen 

<DConnolly@hinshawlaw.com> 

Sent: Mon, Feb 21, 2022 11:05 pm 

Subject: RE: Bank of New York Mellon v. Juanita Allen/ Case no. CACE14009009 / Motion to Vacate 

Mr. Allen, 

Should we proceed to schedule a hearing on the motion to vacate or do you approve of the revised 

order? 

Thank you, 

Peter A. Hernandez, Esq. 

Hinshaw & Culbertson LLP 

2525 Ponce de Leon Blvd, 4th Floor, Coral Gables, FL 33134 

305-428-5071 I Fax: 305-577-1063 

PAHernandez@hinshawlaw.com I hinshawlaw.com 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 25 of 27
Exhibit E 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 26 of 27
-----Original Message-----

From: Hernandez, Peter A.<PAHernandez@hinshawlaw.com> 

To: lorenzo allen <poboy62@aol.com> 

Cc: Fernandez, Barbara <bfernandez@hinshawlaw.com>; Connolly, Doreen 

<DConnolly@hinshawlaw.com> 

Sent: Sun, Feb 27, 2022 9:54 am 

Subject: RE: Bank of New York Mellon v. Juanita Allen/ Case no. CACE14009009 / Motion to Vacate 

Mr. Allen, 

I do not see a response from you approving the proposed agreed order vacating the judgment. Please 

let me know by Tuesday, March 1, 2022 or I will have my assistant schedule a hearing on the motion. 

Case 22-10014-SMG Doc 102 Filed 09/15/23 Page 27 of 27