UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. 20-22928-BKC-AJC

CHAPTER 13

IN RE:

MIGUEL ELIAS-SAUD

Debtor

 /

DEBTOR’S OBJECTION TO CREDITOR, U.S. BANK TRUST NATIONAL

ASSOCIATION, AS TRUSTEE OF THE CHALET SERIES III TRUST, NOTICE OF

POST-PETITION MORTGAGE FEES, EXPENSES AND CHARGES

 

The Debtor, MIGUEL ELIAS-SAUD, by and through his undersigned attorney,

objects to creditor, U.S. Bank Trust National Association, as Trustee of the Chalet Series

III Trust’s Notice of Post-Petition Mortgage fees, expenses and charges and state:

1. Creditor, U.S. Bank Trust National Association, as Trustee of the Chalet

Series III Trust, holds a lien, a first mortgage, on the Debtor’s homestead property located

at 1857 Southwest 14 Terrace, Miami, FL 33145 

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2. According to the Debtor’s First Amended Chapter 13 Plan, [ECF 54] the

Debtor engaged in the MMM program and the payments are being paid through the plan.

3. This creditor is seeking Bankruptcy/poof of claim fees in the amount of

$550.00 dated January 4, 2021, proof of Claim 410A in the amount of $250.00 dated

January 4, 2021, plan review fees in the amount of $400.00.00 dated January 5, 2021 and

Objection to Plan fees in the amount of $550.00 dated February 9, 2021. As this creditor

is not entitled to any future and or reasonable fees and costs unless awarded by this court,

this portion of the claim should be stricken and disallowed. Further, there is no equity in

the property.

4. Debtor’s counsel has been forced to file this Objection to Creditor's Notice

of Post-petition mortgage fees, expenses and charges, in response to creditor's filing of an

Case 20-22928-AJC Doc 62 Filed 05/11/21 Page 1 of 2
incorrect and/or improper Notice of Post-petition mortgage fees, expenses and charges,

and therefore, respectfully requests this Court award attorney's fees and costs to Debtors’

counsel.

WHEREFORE, the Debtor request that , U.S. Bank Trust National Association, as

Trustee of the Chalet Series III Trust’s Notice of Post-Petition mortgage fees, expenses

and charges be stricken and disallowed and any other relief this Court deems proper under

the circumstances.

CERTIFICATE OF SERVICE

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 this Objection to Claim was

emailed to Nancy Neidich, Trustee at e2c8f01@ch13herkert.com, Melbalynn Fisher, counsel for US.

Bank at mfisher@ghidottiberger.com, Christopher Hellewell, counsel for US. Bank at

chellewell@ghidottiberger.com and all others set forth in the NEF, this 11th day of May 2021, and this

Objection and an upcoming Notice of Hearing will be served on a separate Certificate of Service via email

to those set forth in the NEF and by regular mail to SN Servicing Corporation, 323 5 Street, Eureka, CA

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95501 and U.S. Bank Trust National, Attn: Andrew Cecere, CEO, (U.S. Certified Mail), 425 W alnut Street,

Cincinnati, OH 45202.

Respectfully submitted,

Law Offices of Michael A. Frank

& Rodolfo H. De La Guardia, Jr.

Attorneys for the Debtor

Suite 620 •

10 Northwest LeJeune Road

Miami, FL 33126-5431

Telephone (305) 443-4217

Facsimile (305) 443-3219

Email- Pleadings@bkclawmiami.com

By: /s/ Michael A. Frank 

Michael A. Frank

Florida Bar No. 339075

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