Our Case #: 20-000166-OBJ\20-11487-RAM\BOA

IN THE UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

IN RE: CASE No. 20-11487-RAM

RAFAEL GONZALEZ AKA RAFAEL GONZALEZ, 

SR., and NITZA M. GONZALEZ AKA NITZA 

GONZALEZ

DEBTOR.

______________________________________/

Chapter 13

OBJECTION TO CONFIRMATION OF FIRST AMENDED CHAPTER 13 PLAN 

Secured Creditor, Bank of America, N.A. (the “Secured Creditor”) objects to confirmation of 

Debtor's First Amended Chapter 13 Plan (Doc. 19) (the “Plan”) for the following reasons:

1. Secured Creditor’s claim is secured only by a first mortgage security interest 

encumbering real property located at 10399 N.W. 128 Terrace, Hialeah Gardens, FL 33018 (the 

“Property”), which is the debtor’s principal residence and is protected from modification pursuant to 11 

U.S.C. § 1322(b)(2). Secured Creditor’s Proof of Claim No. 17 was filed timely on March 27, 2020.

2. The Plan understates pre-petition arrearage and amount of current payments. The 

amount of the current monthly mortgage installments is $1,355.76 per Proof of Claim No. 17 of which 

the Plan provides to pay outside of the Plan in an unspecified amount. Additionally, the pre-petition 

arrearage balance is $1,907.22 per Proof of Claim No. 17 of which the Plan omits to pay entirely. 

Accordingly, the value of property to be distributed to the Secured Creditor under the Plan is less than 

the allowed amount of its claim in violation of 11 U.S.C. §§ 1322(b)(2) and 1325. A Plan which does 

not accomplish payment of pre-petition arrearages in full does not result in a discharge in bankruptcy of 

the unpaid pre-petition arrearages under the holding of In re: Carmen Bateman, Universal American 

Mortgage Company v. Bateman, 331 F.3d 821 (11th Cir. 2003):

We hold that although the parties are bound to the terms of the Plan, as 

confirmed, Universal’s secured claim for arrearage survives the Plan and it 

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Our Case #: 20-000166-OBJ\20-11487-RAM\BOA

retains its rights under the mortgage until Universal’s claim is satisfied in 

full. If that satisfaction is not forthcoming, after the automatic stay is lifted, 

Universal will be entitled to act in accordance with the rights as provided in 

the mortgage to satisfy its claim. Bateman, supra., at 834.

Therefore, it is in the Debtors’ interest as well as their obligation to pay the full amount of the 

arrearage through the Plan to avoid a foreclosure for these amounts at the conclusion of the Plan.

3. Debtor lacks disposable income to fund plan. Schedule J Line 23(c) states that 

Debtors’ monthly net income is $273.68, which monthly disposable income is insufficient to pay the 

current monthly mortgage installment payments of $1,355.76, and leaves no disposable income to pay 

any amounts on the $1,907.22 arrearage, Trustee’s fees and other items. Confirmation of the Chapter 13 

Plan should be denied pursuant to 11 U.S.C. § 1325(a)(6) because Debtors will not be able to make all 

payments under the plan or to comply with the plan.

4. Secured creditor is entitled to attorneys’ fees pursuant to 11 U.S.C. § 1322(e) which fees 

should be added to the balance due on the Note and Mortgage pursuant to the terms of those documents, 

but attorneys’ fees should not be a personal obligation of the Debtors.

WHEREFORE Secured Creditor, Bank of America, N.A, respectfully requests that this 

Honorable Court enter an Order denying Confirmation of Debtors’ First Amended Chapter 13 Plan and 

dismissing the Chapter 13 bankruptcy with prejudice, with fees as set forth above.

BY: 

Tromberg Law Group

/s/ April Hosford Stone

Attorney for Secured Creditor

1515 South Federal Highway, Suite 100

Boca Raton, FL 33432

Telephone #: 561-338-4101

Fax #: 561-338-4077

FBN 0091388

ecf@tromberglawgroup.com

astone@tromberglawgroup.com

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Our Case #: 20-000166-OBJ\20-11487-RAM\BOA

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on April 9, 2020, I electronically filed the foregoing with the Clerk of 

the court by using the CM/ECF system, which will send a notice of electronic filing to all CM/ECF 

participants listed below:

Robert Sanchez, Esq.

355 W 49th St

Hialeah, FL 33012

court@bankruptcyclinic.com

U.S. Trustee Southern District of Florida

Office of the US Trustee

51 S.W. 1st Ave., Suite 1204

Miami, FL 33130

USTPRegion21.MM.ECF@usdoj.gov

Nancy K. Neidich

POB 279806

Miramar, FL 33027

e2c8f01@ch13miami.com

On April 9, 2020, a true and correct copy was mailed to the non-CM/ECF participants listed below:

Rafael Gonzalez aka Rafael Gonzalez, Sr. & Nitza M. Gonzalez aka Nitza Gonzalez

10399 NW 128th Terrace

Hialeah Gardens, FL 33018

I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court for the 

Southern District of Florida and I am in compliance with the additional qualifications to practice in this 

Court set forth in Local Rule 2090-1(A).

Tromberg Law Group

BY: /s/ April Hosford Stone

Attorney for Secured Creditor

1515 South Federal Highway, Suite 100

Boca Raton, FL 33432

Telephone #: 561-338-4101

Fax #: 561-338-4077

FBN 0091388

ecf@tromberglawgroup.com

astone@tromberglawgroup.com

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