UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FT. LAUDERDALE DIVISION

In Re:

BARBARA CALLE, 

Debtor.

____________________________/

Case No. 20-12244-SMG

Chapter 7

MOTION TO LIFT AUTOMATIC STAY

ANY INTERESTED PARTY WHO FAILS TO FILE AND SERVE A WRITTEN

RESPONSE TO THIS MOTION WITHIN 14 DAYS AFTER THE DATE OF

SERVICE STATED IN THIS MOTION SHALL, PURSUANT TO LOCAL RULE

4001-1( C), BE DEEMED TO HAVE CONSENTED TO THE ENTRY OF AN

ORDER GRANTING THE RELIEF REQUESTED IN THE MOTION.

COMES NOW ACAR LEASING LTD, INC., D/B/A GM FINANCIAL LEASING

(hereinafter "Creditor"), a secured creditor herein, by and through its undersigned attorneys, and

pursuant to 11 USC § 362 requests this Court enter an Order lifting the automatic stay, and in

support thereof would assert as follows:

1. On or about February 20, 2020, the Debtor filed a Chapter 7 Petition in this Court.

2. For value received, the Debtor executed and delivered a Motor Vehicle Lease

Agreement as evidence of an indebtedness to the Creditor ("Agreement"). A copy of the loan

documents are attached hereto.

3. Said indebtedness is secured by property more particularly described in the parties'

agreement as a 2018 CHEVROLET EQUINOX, VIN: 2GNAXHEV2J6286551.

 4. The Creditor is the present owner and holder for value of the contract, and holds a

perfected lien on the collateral.

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5. The aforedescribed Agreement is now in default because of the Debtor's failure to

make regular contract payments beginning May 24, 2020, and thereafter, as set forth in the

affidavit of Creditor attached hereto. 

6. The legal title to said collateral is vested in the Creditor. 

7. The Trustee has not filed a Report of No Distribution as of July 30, 2020. 

8. By reason of the defaults as set forth above, Creditor wishes to exercise its option

to declare the entire principal balance and the accrued interest under the Agreement due and

payable and take possession of the collateral, which action is stayed by the filing of the Debtor's

Petition herein.

9. Creditor has retained the undersigned attorneys to represent it in this action, and is

obligated to pay said attorneys a reasonable fee for their services.

10. Creditor has duly performed each and every act required to be performed by it

under the Agreement, and all conditions precedent to the filing and maintenance of this Motion

have been performed or have occurred.

11. In order to protect its security, Creditor may be required to advance and pay out

during the pendency of this action and any subsequent action to take possession of the collateral,

monies for Court costs and attorneys fees in pursuing such action. Any such sums advanced and

paid out will be due and owing Creditor pursuant to the terms of the Agreement.

12. The Creditor believes that the 14 day stay period set forth in Bankruptcy Rule

4001(a)(3) is not applicable in this case, and requests the Court to waive the 14 day stay so that

the Creditor may immediately enforce and implement any Order granting the relief requested

herein.

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13. The foregoing facts constitute cause for relief from the automatic stay pursuant to

11 U.S.C. 362(d).

14. The automatic stay provisions of § 362 should be lifted or modified in order to

permit Creditor to enforce its rights under the Agreement, including Creditor’s right to retake

possession of the subject collateral, for the following reasons:

a. Creditor lacks adequate protection of its interest in the subject security

because the Debtor has ceased paying her obligations, and such default is causing a steady

increase in the indebtedness owed Creditor under the Agreement.

b. The facts as stated above constitute unreasonable delay by the Debtor that is

prejudicial to Creditor, and constitutes a lack of adequate protection of Creditor’s interest in the

property. 

15. The stay should be lifted to allow the movant to exercise its contractual, state and

common law remedies relating to the collateral, including authorization to give all notices and

take such action as necessary to protect its rights to file or amend its claim to assert any

deficiency remaining on the sale of the collateral.

WHEREFORE, Creditor requests the Court enter an Order (1) granting relief from the

automatic stay in rem to permit Creditor to take possession of the subject collateral, (2) waiving

the 14 day stay period under Rule 4001(a)(3) so as to permit the Creditor to immediately enforce

the relief requested herein, (3) allowing the movant to exercise its contractual, state and common

law remedies relating to the collateral, including authorization to give all notices and take such

action as necessary to protect its rights to file or amend its claim to assert any deficiency

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remaining on the sale of the collateral, and (4) for such other and further relief as is just and

proper.

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).

/s/DAVID E. HICKS, ESQ.

DAVID E. HICKS, ESQ.

Fla. Bar No. 0368245

KELLEY KRONENBERG ATTORNEYS AT LAW

1511 N. Westshore Blvd., Suite 400

Tampa, FL 33607

(813) 223-1697

(813) 433-5275 (fax)

E-mail: dhicks@kelleykronenberg.com

Attorneys for GM Financial Leasing

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing Motion to Lift Automatic Stay with all

attachments has been furnished by either Electronic or U.S. Mail to the parties listed below on

this 30th day of July, 2020.

/s/DAVID E. HICKS, ESQ. 

 ATTORNEY

Barbara Calle

13453 NW 5th Place

Plantation, FL 33325-6149

Robert Sanchez, Esq.

355 W. 49 St.

Hialeah, FL 33012

Scott Brown, Trustee

1 SE 3 Ave., #1440

Miami, FL 33131

Office of the US Trustee

51 SW 1st Ave., Suite 1204

Miami, FL 33130

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