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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

www.flsb.uscourts.gov

In re:

YANET JIMENEZ VIVES, Case No.: 22-12754-BKC-AJC

Chapter 7

Debtor.

/

ORDER APPROVING JOINT MOTION TO COMPROMISE CONTROVERSY

THIS CAUSE came before the Court on the Joint Motion to Compromise Controversy 

("Motion") of Barry E. Mukamal, Chapter 7 Trustee [ECF #XX]. The Motion has been served on all 

interested parties and creditors, pursuant to the Federal Rules of Bankruptcy Procedure and the 

Local Rules of this Court on Negative Notice and the movant by submitting this form of order having 

represented that the Motion was served on all necessary parties, 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. This Court, having 

reviewed the file and the Motion, find good cause having been shown. It is therefore, ORDERED that 

said Motion is GRANTED.

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1. The Debtor, Yanet Jimenez Vives ("Debtor"), shall pay to the Trustee the total sum of 

$3,700 ("Settlement Amount") for full and final settlement of the estate’s interest in the non-exempt 

equity in the 2017 Toyota Corolla. The parties agree to the payment terms outlined in the Motion.

2. In the event the Debtor fails to make the settlement payment on a timely basis, the 

settlement amount shall be increased to $4,700. The Debtor consents to entry of an ex-parte order 

requiring immediate turnover of the unpaid balance of $4,700 and to any further relief the Court may 

grant the Trustee to effectuate possession of same. 

3. In the event the Debtor fails to make the settlement payment, the Trustee has the right 

to proceed against any assets of the Debtor including, but not limited to, the property the Debtor 

claimed as exempt. The Trustee shall be entitled to interest, which shall accrue at the statutory rate, 

attorney's fees and costs. 

4. Further, in the event of default, the Trustee may file a Motion to Revoke Debtor’s 

Discharge. However, no discharge shall be revoked without a hearing.

5. The Court incorporates all the terms of the Joint Motion to Compromise Controversy 

and retains jurisdiction to enforce the terms therein.

###

Submitted By:

Barry E. Mukamal, Trustee

PO Box 14183

Fort Lauderdale, FL 33302

Telephone: (786) 517-5760

bemtrustee@kapilamukamal.com

Copies furnished to:

Barry E. Mukamal, is directed to serve a copy of this Order on interested parties who do not receive service by 

CM/ECF and file a proof of such service within two (2) business days from entry of the Order.

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served (i) via the 

Court’s CM/ECF notification to those parties who are registered CM/ECF participants in this case 

and (ii) via U.S. Mail on all parties on the attached service list on August 29, 2022.

 

__/s/ Jazmin Padilla 

Jazmin Padilla for

Barry E. Mukamal, Trustee

PO Box 14183

Fort Lauderdale, FL 33302

Telephone: (786) 517-5760

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 Label Matrix for local noticing Synchrony Bank World Omni Financial Corp. 

 113C-1 PRA Receivables Management, LLC Tripp Scott, PA 

 Case 22-12754-AJC PO Box 41021 c/o H Michael Solloa, Jr 

 Southern District of Florida Norfolk, VA 23541-1021 110 SE 6 St, 15 Floor. 

 Miami Ft. Lauderdale, FL 33301-5004 

 Mon Aug 29 13:11:33 EDT 2022 

 Andrue, Palma, Lavin & Solis (p)BANK OF AMERICA Bank of America, N.A. 

 887 Donald Ross Road PO BOX 982238 PO Box 673033 

 Juno Beach, FL 33408-1611 EL PASO TX 79998-2238 Dallas, TX 75267-3033 

 

 Capital One Bank Cavalry SPV I, LLC (p)DSNB MACY S 

 Po Box 30281 PO Box 4252 CITIBANK 

 Salt Lake City, UT 84130-0281 Greenwich, CT 06831-0405 1000 TECHNOLOGY DRIVE MS 777 

 O FALLON MO 63368-2222 

 Discover Financial (p)MOHELA Midland Fund 

 Attn: Bankruptcy CLAIMS DEPARTMENT Attn: Bankruptcy 

 Po Box 3025 633 SPIRIT DRIVE 350 Camino De La Reine, Suite 100 

 New Albany, OH 43054-3025 CHESTERFIELD MO 63005-1243 San Diego, CA 92108-3007 

 NBT Bank National Association Office of the US Trustee Pennstar Bank/NBT Bank 

 52 South Broad Street 51 S.W. 1st Ave. Attn: Bankruptcy 

 Norwich, NY 13815-1699 Suite 1204 Po Box 351 

 Miami, FL 33130-1614 Norwich, NY 13815-0351 

 (p)PORTFOLIO RECOVERY ASSOCIATES LLC Rausch Strum LLP Southeast Toyota 

 PO BOX 41067 Attorney Carolina A. Corona-Jamiel Po Box 991817 

 NORFOLK VA 23541-1067 100 Second Ave. South Mobile, AL 36691-8817 

 Ste. 306S 

 Saint Petersburg, FL 33701-6307 

 

 Synchrony Bank Synchrony Bank Barry E Mukamal 

 Attn: Bankruptcy Dept Po Box 960061 PO Box 14183 

 Po Box 965064 Orlando, FL 32896-0061 Fort Lauderdale, FL 33302-4183 

 Orlando, FL 32896-5064 

 Raquel Natalia Leon Yanet Jimenez Vives 

 3785 NW 82 Ave # 417 5181 NW 5th Street 

 Doral, FL 33166-6632 Miami, FL 33126-5001 

 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). 

 Bank of America Department Store National Bank/Macy’s MOHELA 

 Attn: Bankruptcy Attn: Bankruptcy Attn: Bankruptcy 

 Po Box 982234 9111 Duke Boulevard 633 Spirit Drive 

 El Paso, TX 79998 Mason, OH 45040 Chesterfield, MO 63005 

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 Portfolio Recovery Associates, LLC 

 Attn: Bankruptcy 

 120 Corporate Boulevard 

 Norfolk, VA 23502 

 

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

 (u)Miami End of Label Matrix 

 Mailable recipients 22 

 Bypassed recipients 1 

 Total 23 

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