UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

__________________________________ 

 ) 

In re: ) CASE NO. 22-10746-RAM

 ) CHAPTER 13

MIRIAM SOLER, )

 ) 

Debtor. )

 )

AMENDED1 ORDER ENJOINING MIRIAM SOLER, 

ROBERTO SOLER, JR. AND ALBERTO SOLER FROM

FILING FURTHER BANKRUPTCY CASES WITHOUT LEAVE OF COURT

The Court conducted a hearing on June 7, 2022, to consider 

entry of an Order enjoining the Debtor, Miriam Soler, and her sons, 

1 The order entered on June 13, 2022 is being amended to add a 

reference to two additional cases, and several additional 

adversary proceedings within those cases, filed by Alberto Soler, 

using the name Alberto Solar Somohano, and to include the name, 

Alberto Solar Somohano, in the injunction.

Robert A. Mark, Judge

_____________________________________________________________________________ United States Bankruptcy Court

ORDERED in the Southern District of Florida on June 14, 2022.

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Roberto Soler and Alberto Soler, also known as Alberto Solar 

Somohano, (collectively, the “Solers”) from filing any further 

bankruptcy cases without leave of court. Despite receiving notice 

of the hearing, none of the Solers appeared at the hearing to 

present argument against entry of the injunction.

The basis for the injunction is described in the Court’s 

Amended Order to Show Cause Why Miriam Soler, Roberto Soler, Jr. 

and Alberto Soler Should not be Enjoined from Filing Further 

Bankruptcy Cases Without Leave of Court (the “Show Cause Order”) 

[DE# 85]. Those reasons are repeated, in large part, in this 

Order. Moreover, the events that have occurred since the entry of 

the Show Cause Order provide additional cause for injunctive 

relief, in particular, Roberto Soler’s filing of a new chapter 7 

bankruptcy petition on May 20, 2022, Case No. 22-13971-LMI.

Factual and Procedural Background

The above-captioned case is the tenth bankruptcy case filed 

in this district in the last six years by Miriam Soler (3 cases)2, 

Roberto Soler, Jr. (2 cases)3, and Alberto Soler (5 cases)4.

The prior cases were filed for the primary purpose of delaying 

the foreclosure of two properties, one located at 4741 NW 5th St., 

2 16-16898, 17-18812, and this case, 22-10746. 3 19-17922 and 19-25124.

4 16-18464, 17-18157, and 20-22697, and two cases filed by the 

same individual using the name, Alberto Solar Somohano, 17-

18157-LMI and 20-22697-AJC.

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Miami, FL 33126 (the “5th St. Property”) and one located at 736 SE 

8th Place, Hialeah, FL 33010 (the “Hialeah Property”). Twentyfive adversary proceedings were initiated in the prior cases, 

including failed attempts to remove the two foreclosure cases to 

the bankruptcy court. Nineteen of the adversary proceedings 

related to either the 5th St. Property or the Hialeah Property.

The Defendants included the President of the United States, various 

federal agencies, attorneys, judges, and the chapter 13 trustees.

Neither the 5th St. Property nor the Hialeah Property are 

owned by any of the Solers. Judge Cristol granted prospective 

stay relief to the Federal National Mortgage Association (“Fannie 

Mae”) with respect to the Hialeah Property in his Amended Order 

Dismissing Case for Failure to Make Pre-Confirmation Plan Payments 

and for Failure to Appear at Meeting of Creditors [DE# 52 in 19-

17922]. That Order allowed Fannie Mae to conclude its foreclosure 

in Case No. 2013-033734-CA-01, and the Hialeah Property was 

purchased at a foreclosure sale by FORMIAMI 20, LLC. The MiamiDade County Clerk of Courts issued a Certificate of Title to 

FORMIAMI 20, LLC on January 27, 2021. The Certificate of Title 

was recorded on January 29, 2021. A copy of the Certificate of 

Title on the Hialeah Property is attached as Exhibit A to this 

Order.

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The 5th St. Property was the subject of a foreclosure case 

commenced by Fannie Mae in 2013, Case No. 2013-008187-CA-01 (the 

“5th Street Foreclosure Case”). Judge Cristol granted Fannie Mae 

stay relief to complete its foreclosure in his November 28, 2017 

Order Granting Motion for Relief from Stay and Co-Debtor Stay and 

Order to Grant Prospective Relief for a One-Year Period (the “5th 

St. Property Stay Relief Order”) [DE# 65 in 17-18812].

The 5th St. Foreclosure Case went forward. Fannie Mae was the 

successful bidder at the foreclosure sale, and the Miami-Dade 

County Clerk of Courts issued a Certificate of Title to Fannie Mae 

on August 6, 2018. A copy of the Certificate of Title on the 5th 

St. Property is attached as Exhibit B to this Order.

Need and Justification for Prospective Relief

Based upon the record in the nine prior Soler cases and 19

prior adversary proceedings, and in the dozens of appeals filed in 

those cases and proceedings, it is clear that the Solers are badfaith, vexatious litigants. If unchecked, it is likely that they 

will file future bankruptcy cases seeking to re-litigate longdecided issues relating to the 5th St. Property and to the Hialeah 

Property. In fact, as noted earlier, Roberto Soler has filed a 

new case since entry of the Show Cause Order.

The Solers’ ongoing quest is evident in the record. For 

example, despite losing title to the 5th St. Property in April 

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2018, Miriam Soler, acting through her son, filed two Motions to 

Reopen her first case in November 2019 [DE#s 104 and 106 in 16-

16898] and filed a Motion to Re-Impose Automatic Stay [DE# 109 in 

16-16898]. All three motions sought relief against Fannie Mae in 

connection with the foreclosure of the 5th St. Property. 

On December 9, 2019, this Court entered its Order Denying 

Debtor’s Motions and Granting Prospective Stay Relief [DE# 116 in 

16-16898]. That Order emphasized that Fannie Mae was already the 

owner of the 5th St. Property. The Order also granted prospective 

stay relief to Fannie Mae to obtain issuance of, and to execute, 

a Writ of Possession. In typical fashion, the Solers continued 

their vexatious attempts to undo the foreclosure, filing several 

appeals in that case.

On January 31, 2022, Miriam Soler, again acting through 

Alberto Soler, filed this case. Because the case was dismissed 

for filing deficiencies, the Court cannot state with certainty 

what the Solers hoped to accomplish. But, given the history, there 

is little doubt that this case was filed to launch a further attack 

on Fannie Mae and possibly others relating to the 5th St. Property. 

Based upon the history described above, the Court entered the 

Show Cause Order on April 12, 2022, scheduling a hearing for May 

19, 2022. Paragraph 5 of the Show Cause Order provided as follows:

Unless one or more of the Solers appear at the 

May 19th hearing and show cause why an 

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injunction should not be issued, the Court 

will enter an injunction prohibiting all of 

the Solers from filing any further bankrupty 

cases without leave of Court. The injunction 

will provide that the Court will allow a new 

case only if it grants a Motion for Leave to 

File New Bankruptcy Case (the “Motion for 

Leave”). To be considered by the Court, the 

Motion for Leave must be filed in this case, 

describe the purpose of a new bankruptcy case, 

and certify that the proposed new case is 

seeking to discharge, or restructure, debts 

that are not related to the 5th St. Property 

or to the Hialeah Property. 

On April 19, 2022, the Court entered its Order Rescheduling 

Show Cause Hearing [DE# 93]. That Order rescheduled the Show Cause 

Hearing for June 7, 2022. The Order was served on the Solers at 

4741 NW 5th Street, the address of the 5th St. Property. 

As noted above, none of the Solers appeared at the June 7th 

hearing. Moreover, as also noted, Roberto Soler has provided 

further cause for the injuction by filing yet another bankruptcy 

petition on May 20, 2022, his third in the last four years, Case 

No. 22-13971-LMI (the “New Roberto Case”). The filing of the 

petition was clearly in bad faith. By email dated April 19, 2022 

[DE# 94], Roberto Soler advised the Court that his current address 

is 8150 SW 72nd Avenue. Yet in his petition in the New Roberto 

Case, he lists his address as the 5th St. Property. Without doubt, 

he filed the case in an attempt to stop a hearing scheduled for 

May 23, 2022, in the 5th Street Foreclosure Case on Fannie Mae’s 

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Motion for Writ of Possession. In fact, Fannie Mae is the only 

creditor listed on the matrix.

Discussion

The Court has the authority to enjoin the Solers from filing 

any further bankruptcy cases relating to the 5th St. Property or 

to the Hialeah Property, pursuant to its inherent authority and 

pursuant to § 105 of the Bankruptcy Code. See, e.g., In re United 

States Corporation Company, Case No. 20-40375-KKS, 2021 WL 

1100078, at *3-4 (Bankr. N.D. Fla. Jan. 22, 2021) (citing cases 

and discussing the standard applicable to bankruptcy courts in the 

Eleventh Circuit). The history of the Soler filings supports this 

relief. 

Continuing to advance groundless and patently frivolous 

litigation is tantamount to bad faith justifying sanctions. 

Ginsberg v. Evergreen Sec., Ltd. (In re Evergreen Sec., Ltd.), 570 

F.3d 1257, 1273 (11th Cir. 2009). And, a federal court’s inherent 

authority to sanction includes pre-filing restrictions such as 

enjoining future filings without leave of court. Martin-Trigona 

v. Shaw, 986 F.2d 1384, 1386-87 (11th Cir. 1993). Federal 

“[c]ourts may enjoin not only the abusive litigant, but any party 

working in concert [with] or at the behest of the litigant.” In re 

United States Corporation Company, Case No. 20-40375-KKS, 2021 WL 

1100078, at *4 (Bankr. N.D. Fla. Jan. 22, 2021) (citations 

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omitted). They may issue injunctive relief sua sponte and have 

done so where, as here, a party repeatedly files meritless claims.

See, e.g., Bafford v. Township Apartments Assoc., Ltd., No. 8:08-

cv-724-T-27YGW, 2008 WL 1817333 (M.D. Fla. Apr. 22, 2008) (sua 

sponte dismissing a complaint with prejudice and ordering the 

plaintiff who sought to relitigate matters previously adjudicated 

on the merits to show cause why he should not be enjoined from 

filing any future lawsuit without leave of court); Suntrust Bank 

v. Gaeta, No. 8:10-cv-31-T-33AEP, 2010 WL 1049800 (M.D. Fla. Mar. 

22, 2010) (sua sponte issuing a Martin-Trigona injunction against 

a party who caused unnecessary delay and interference in multiple 

state court actions through meritless removal of the actions to 

federal court).

Therefore, it is -

ORDERED as follows:

1. Miriam Soler, Roberto Soler, and Alberto Soler, also 

known as Alberto Solar Somohano, are enjoined from filing any 

further bankruptcy petitions in the Southern District of Florida

without leave of this Court.

2. The Court will allow the Solers to file a new case only 

if it grants a Motion for Leave to File New Bankruptcy Case (a 

“Motion for Leave”). The Motion for Leave must be filed in this 

case, describe the purpose of the proposed new bankruptpcy case, 

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and certify that the proposed new case is seeking to discharge, or 

restructure, debts that are unrelated to the 5th St. Property or 

to the Hialeah Property.

3. This Order has been reviewed by both Chief Judge Laurel 

Isicoff and Judge A. Jay Cristol, who have confirmed that they 

approve the form of the Order and support the injunctive relief 

provided in this Order.

###

COPIES TO:

Joe Falzone, Clerk

Chief Judge Laurel M. Isicoff

Judge A. Jay Cristol

Nancy K. Neidich, Trustee

CLERK TO SERVE PARTIES BELOW:

Miriam Soler 

4741 NW 5 Street 

Miami, FL 33126

Roberto Soler, Jr.

4741 NW 5th Street

Miami, FL 33126

Roberto Soler

8150 SW 72nd Avenue

Miami, Florida 33143

Alberto Soler

4741 NW 5th Street

Miami, FL 33126

Melbalynn Fisher 

Ghidotti & Berger LLP

1031 N Miami Beach Blvd

North Miami Beach, FL 33162-3842

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Andrea Hartley, Esq.

Akerman LLP

Three Brickell City Centre

98 SE 7th St

Miami, FL 33131-3522

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