UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA - MIAMI DIVISION 

IN RE: 

CHRISTOPHER NIMETH , CASE NO.: 21-16573-LMI 

CHAPTER 13 

 Debtor(s). 

______________________________________/ 

CREDITOR’S OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN

Subject Property: 8431 SW 27th Lane, Miami, FL 33155 

 Creditor, 722 Leveling Up, LLC (“Creditor”), through its undersigned counsel and 

pursuant to 11 U.S.C. § 1325, hereby objects to confirmation of the Debtor’s, Christopher Nimeth 

(“Debtor”), Chapter 13 Plan [D.E. 33], and in support thereof, states: 

1. Summary of Objection: The Debtor’s Chapter 13 Plan fails to comply with the 

requirements imposed by the Bankruptcy Code as it does not adequately protect the Creditor’s 

secured interest in the subject property and conform to the Final Judgment of Foreclosure in which 

Debtor was named as a party by virtue of being an heir to the estate of the Deceased obligor’s 

property located at 8430 SW 27th Lane, Miami, Florida 33155. 

2. Summary of Facts: The Debtor filed this voluntary Chapter 13 proceeding on July 

1, 2021. The Creditor is a secured creditor, holding a security interest in the subject property 

located at 8431 SW 27th Lane, Miami, FL 33155 (the “Property”).

3. The Plan Fails to Conform to the Creditor's Business Records : The Plan 

provides for MMM payments to Creditor in the amount of $1,188.81 in months 1 through 5 of the 

Plan and thereafter $1,800.00 in months 6-60 of the Plan. Creditor filed Proof of Claim #9 

evidencing its lien on the Property, with a total debt total amount due of $781,253.54 based upon 

a Final Judgment of Foreclosure in which the original obligor under the Note and Mortgage is 

Case 21-16573-LMI Doc 41 Filed 11/02/21 Page 1 of 3
deceased and Debtor was a party named in the action as an heir to the estate. 

Creditor objects to any plan that fails to either pay Creditor pursuant to its Proof of Claim 

(as provided above), surrenders the Property, or pays Creditor directly outside the Plan as there is 

a question of feasibility as the Claim is a total debt claim requiring the claim to be paid in full 

during the pendency of the plan (i.e. 60 months). 

4. The Mortgage Modification Mediation (“MMM”) Proposed Adequate 

Protection Payments: The Plan proposes MMM payments in the amount of $1,188.81. The 

Creditor objects to the confirmation based on a hypothetical modification, as the Creditor is 

entitled to receive the agreed to contractual monthly payments contained in the Note. 

WHEREFORE, Creditor, 722 Leveling Up, LLC, respectfully requests this Court to deny 

the confirmation of the Debtor’s Chapter 13 Plan, require the Debtor(s) to conform the Plan to the 

Creditors records and for any such further relief this Court deems proper and just. 

 Diaz Anselmo & Associates, P.A. 

 Attorneys for Creditor (SHD No. 3001-3180717) 

 PO BOX 19519 

 Fort Lauderdale, FL 33318 

 Phone: (954) 564-0071 

 Fax: (954) 564-9252 

 By: /s/ Ida A. Moghimi-Kian 

 Ida A. Moghimi-Kian 

 Florida Bar No.56395 

 IMoghimi-Kian@dallegal.com 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on this day November 2, 2021, a copy of the foregoing was 

furnished electronically and/or via first class U.S. Mail upon: 

CHRISTOPHER NIMETH 

8431 SW 27 LANE 

MIAMI, FL 33155 

Debtor(s) 

Case 21-16573-LMI Doc 41 Filed 11/02/21 Page 2 of 3
JOSE P FUNCIA 

9555 N KENDALL DR. #211 

MIAMI, FL 33176 

Attorney for Debtor(s)

 

NANCY K. NEIDICH 

PO BOX 279806 

MIRAMAR, FL 33027 

Trustee 

UNITED STATES TRUSTEE 

OFFICE OF THE U.S. TRUSTEE 

51 S.W. 1ST AVE. SUITE 1204 

MIAMI, FL 33130 

U.S. Trustee

 

Diaz Anselmo & Associates, P.A.

Attorneys for Creditor (SHD No. 3001-3180717) 

PO BOX 19519

Fort Lauderdale, FL 33318

 Phone: (954) 564-0071

 Fax: (954) 564-9252

 By: /s/ Ida A. Moghimi-Kian 

 Ida A. Moghimi-Kian 

 Florida Bar No.56395 

 IMoghimi-Kian@dallegal.com 

Case 21-16573-LMI Doc 41 Filed 11/02/21 Page 3 of 3