UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION 

www.flsb.uscourts.gov

IN RE: CASE NO.: 21-18746 SMG

Chapter 11 (V)

JENS A. BERDING and

EDDY EVELYN MANZO-BERDING,

Debtors.

_________________________________/

WELLS FARGO BANK, N.A.’S LIMITED OBJECTION TO 

CONFIRMATION OF SUBCHAPTER V PLAN

COMES NOW, WELLS FARGO BANK, N.A. by and through its undersigned counsel, and 

hereby files its Limited Objection to Confirmation of the Subchapter V Plan and in support of the 

limited objection states as follows:

1. Debtorsfiled for relief under Subchapter V of Chapter 11 of the Bankruptcy Code on 

September 8, 2021.

2. WELLS FARGO BANK, N.A. (hereinafter “Wells Fargo”) is a creditor of the 

Debtors by virtue of a Promissory Note executed on August 29, 2016, by non-Debtor Seven Stars on 

the Hudson Corp. in the original principal amount of $1,406,900.00, which was guaranteed by the 

Debtors by way of a Commercial Guaranty also dated August 29, 2016.

3. The Note and Commercial Guaranty were secured by a Mortgage on real property 

located at 2108 NE 63rd Street, Fort Lauderdale, FL 33308 and more fully described as follows:

LOT 7, LESS THE WEST 5 FEET, BLOCK 39, IMPERIAL POINT 2ND 

SECTION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT 

BOOK 54, PAGE 19, OF THE PUBLIC RECORDS OF BROWARD COUNTY, 

FLORIDA.

the (“Property”).

4. An Amended Final Judgment of Foreclosure was entered against the Debtors in the

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amount of $1,447,878.10. A foreclosure sale was initially scheduled for September 9, 2021, one day 

after this bankruptcy was filed. Prior to the filing of this case, the foreclosure sale was rescheduled 

for October 13, 2021, but has since been cancelled. 

5. The Note, Mortgage and Personal Guaranty referenced above is guaranteed by the 

United States Small Business Administration (“SBA”). 

6. The proposed plan treatment set forth in the Subchapter V Plan remains in SBA 

review.

7. Accordingly, Wells Fargo objects to confirmation of the Subchapter V Plan until final 

review is completed by the SBA and the plan is approved by the SBA.

WHEREFORE, Creditor, WELLS FARGO BANK, N.A. respectfully requests this 

Honorable Court enter an Order denying confirmation of the Subchapter V Plan and for such other 

and further relief as the Court deems 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) and that a true and correct copy of the

foregoing was furnished via U. S. Mail to the parties on the attached mail list this 13th day of January

2022.

KELLEY, FULTON & KAPLAN, P.L.

Attorney for Wells Fargo Bank, N.A.

1665 Palm Beach Lakes Blvd.

The Forum - Suite 1000

West Palm Beach, Florida 33401

Tel: (561) 491-1200

Fax:(561) 684-3773

By: __/s/ Craig I. Kelley__________

Craig I. Kelley, Esquire

Fla. Bar No. 782203

Case 21-18746-SMG Doc 82 Filed 01/13/22 Page 2 of 3
Mailing Information for Case 21-18746-SMG

Electronic Mail Notice List

The following is the list of parties who are currently on the list to receive email notice/service 

for this case.

• Teresa M Hair teresa.hair@brockandscott.com, WBECF@brockandscott.com

• Craig I Kelley craig@kelleylawoffice.com, 

cassandra@kelleylawoffice.com;kristina@kelleylawoffice.com;dana@kelleylawoffice.co

m;debbie@kelleylawoffice.com

• Linda Marie Leali trustee@lealilaw.com, 

F005@ecfcbis.com;lkennedy@lealilaw.com

• Mitchell J. Nowack ecf@nowackolson.com, 

mjnmyecfmail@gmail.com;tabitha@nowackolson.com;r53443@notify.bestcase.com

• Office of the US Trustee USTPRegion21.MM.ECF@usdoj.gov

• Corey Ohayon ecfbankruptcy@popkinrosaler.com

• Steven D Schneiderman Steven.D.Schneiderman@usdoj.gov

• Gavin N Stewart bk@stewartlegalgroup.com

Manual Notice List

The following is the list of parties who are not on the list to receive email notice/service for this 

case (who therefore require manual noticing/service). 

Ally Bank, c/o AIS Portfolio Services, LP

4515 N Santa Fe Ave. Dept. APS

Oklahoma City, OK 73118

Synchrony Bank

PRA Receivables Management, LLC

PO Box 41021

Norfolk, VA 23541

Jens A. Berding

2108 NE 63rd St

Fort Lauderdale, FL 33308

Eddy Evelyn Manzo-Berding

2108 NE 63rd St

Fort Lauderdale, FL 33308

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