UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA

 MIAMI-DADE DIVISION

www.flsb.uscourts.gov

In re: ANGELA KUNKEL Case No: 19-14374-AJC 

 Chapter 13 

 Debtor / 

MOTION TO VALUE AND DETERMINE SECURED STATUS OF LIEN 

ON REAL PROPERTY

IMPORTANT NOTICE TO CREDITORS:

THIS IS A MOTION TO VALUE YOUR COLLATERAL

This Motion seeks to value collateral described below securing the claim of 

the creditor listed below.

IF YOU DISPUTE THE VALUE ALLEGED OR TREATMENT OF YOUR CLAIM 

PROPOSED IN THIS MOTION, YOU MUST FILE A WRITTEN OBJECTION NO 

LATER THAN TWO BUSINESS DAYS PRIOR TO THE SCHEDULED HEARING 

[SEE LOCAL RULE 3015-3(A)(2)]

If you have not filed a proof of claim, you have until the later of the claims bar 

date or 21 days from the date this Motion was served upon you to file a proof 

of claim or you will be deemed to have waived the right to payment of any 

unsecured claim to which you might otherwise be entitled. [See Local Rule

3015-3(A)(4)]

1. Pursuant to 11 U.S.C. §506, Bankruptcy Rule 3012, and Local Rule 3015-3, the debtor 

seeks to value real property securing the claim of US Small Business Administration (the 

“Lender”). Lender holds a mortgage recorded at OR Book 2183 Pages 875 to 881 in the 

official records of Monroe County, Florida. 

2. The real property is located at 1120 Von Phister Street, Key West, FL 33040, and is 

more particularly described as follows: 

Property ID Number 1039543 

KW WEBB REALTY CO SUB PB1-42 ALL LOT 14 SQR 3 TR 18 THE 

WESTERLY 28FT 7IN OF LOT 15 OR263-144/45 OR1455-1080/81 

OR1460-2027/28-C OR1609-981/984. 

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3. At the time of the filing of this case, the value of the real property is $1,005,923.00 as 

determined by an appraisal conducted by Monroe County Property Appraiser. 

4. US Bank, National Association and PNC Bank, National Association hold liens on the 

real property, senior to priority to the Lender, securing claims in the aggregate amount of 

$2,189,426.08. 

5. (Select only one):

 X Lender’s collateral consists solely of the debtor’s principal residence. As 

there is no equity in the real property after payment in full of the claims 

secured by liens senior to that of Lender, the value of Lender’s secured 

interest in the real property is $0. 

 Lender’s collateral is not solely the debtor’s principal residence. After 

payment in full of the claims secured by liens senior to that of Lender, 

there is equity of $ remaining in the real property. 

Accordingly, the value of Lender’s secured interest in the real property 

is $ and the value of the Lender’s unsecured, deficiency claim is 

$ . 

6. The undersigned reviewed the docket and claims register and states (select only one):

_X_ Lender has not filed a proof of claim in this case. The trustee shall not 

disburse any payments to Lender unless a proof of claim is timely filed. In 

the event a proof of claim is timely filed, no part shall be deemed as an 

unsecured claim, regardless of the original classification in the proof of 

claim as filed. The Debtor discharged her liability on the debt via her 

Chapter 7 Bankruptcy Case: 18-2994-AJC. 

or 

 Lender filed a proof of claim in this case. It shall be classified as a 

secured claim to the extent provided in paragraph 5, above, and no 

part shall be deemed as an unsecured claim, regardless of the 

original classification in the proof of claim as filed. 

7. The subject real property may not be sold or refinanced without proper notice 

and further order of the court. 

WHEREFORE, the debtor respectfully requests an order of the Court (a) determining the 

value of the real property in the amount asserted in this Motion, (b) determining the secured status 

of the Lender’s lien as stated above, (c) determining that any timely filed proof of claim is classified 

as stated above, (d) if Lender’s secured interest in the real property is determined to be $0, 

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deeming Lender’s mortgage on the real property void and extinguished automatically, without 

further order of the Court, upon entry of the debtor’s discharge in this chapter 13 case, and (e) 

providing such other and further relief as is just. 

NOTICE IS HEREBY GIVEN THAT:

1. In accordance with the rules of this Court, unless an objection is filed with the Court and 

served upon the debtor, the debtor’s attorney, and the trustee at least two (2) business 

days prior to the hearing scheduled on this Motion, the value of the collateral may be 

established at the amount stated above without further notice, hearing or order of the Court. 

Pursuant to Local Rule 3015-3, timely raised objections will be heard at the hearing 

scheduled on the Motion. 

2. The undersigned acknowledges that this Motion and the notice of hearing thereon must be 

served pursuant to Bankruptcy Rule 7004 and Local Rule 3015-3 at least 21 days prior to 

the hearing date and that a certificate of service must be filed when the Motion and notice 

of hearing thereon are served. 

Submitted by:

Timothy S. Kingcade, Esq. 

Kingcade & Garcia, P.A. 

1370 Coral Way, Miami, FL 33145 

Phone: 305-285-9100 

Email: scanner@miamibankruptcy.com 

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