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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

www.flsb.uscourts.gov

In Re: 

AVA CELESTE BENJAMIN,

Debtor.

_____________________________/

CASE NO. 22-11124-AJC

Chapter 13

MOTION FOR ORDER GRANTING RELIEF FROM AUTOMATIC STAY

Any interested party who fails to file and serve a written 

response to this motion within 14 days after the date of 

service stated in this motion, pursuant to Local Rule 4001-

1(C), be deemed to have consented to the entry of an order 

granting the relief requested in the motion.

Secured creditor, LUGANO CAPITAL, INC., D/B/A “START AUTO FINANCE”

(“Movant”), through counsel and pursuant to Rule 4001, Sections 105 and 362, and Local Rule 4001-

1,

1 moves for relief from the automatic stay to repossess and sell its secured collateral, and in support 

states: 

1. On February 11, 2022 (“Petition Date”), AVA CELESTE BENJAMIN (“Debtor”) 

voluntarily filed for relief under Chapter 13.

2. This Court has jurisdiction of this Motion by virtue of Sections 105, 361, and 362 and 

28 U.S.C. §§ 157 and 1334.

3. On June 26, 2018, Debtor entered into a Retail Installment Contract and Security 

Agreement (“Agreement”), pursuant to which Movant financed the purchase of a 2008 INFINITI 

EX35; VIN: JNKAJ09E18M304148 ("Vehicle") from Platina Cars and Trucks, Inc. (“Platina”). A true 

and correct copy of the Agreement (and assignment) is attached as Exhibit A. 

1 All references to “Chapter” and “Section” refer to the Bankruptcy Code appearing in Title 11 of the United States 

Code; all references to a “Rule” refer to the Federal Rules of Bankruptcy Procedure; and all references to a "Local 

Rule" refer to the Local Rules of the U.S. Bankruptcy Court for the Southern District of Florida.

Case 22-11124-AJC Doc 19 Filed 02/25/22 Page 1 of 22
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4. Set forth on Page 6 of the Agreement, Platina assigned the Agreement to Movant, who 

is the Holder of the Agreement.

5. Pursuant to the terms of the Agreement, Movant retains a security interest in, inter alia, 

the Vehicle and any accessories, equipment and replacement parts installed therein.

6. Movant’s security interest in the Vehicle is perfected as the result of a proper filing 

with the State of Florida, as duly reflected on the Certificate of Title for the Vehicle, a copy of which 

is on file with the State of Florida, Motor Vehicle Department. 

7. By virtue of the above, Movant is the holder of a secured claim against Debtor in the 

amount of $9,919.55 as of the Petition Date. In support thereof, an Affidavit of Indebtedness is attached 

as Exhibit B. 

8. The Debtor continues to use the Vehicle while failing to make post-petition payments. 

Debtor remains in possession of the control and continues to add wear and tear to the Vehicle. 

9. The Debtor ’s Chapter 13 Plan of Reorganization (“Plan”) does not adequately provide 

for the payment of Movant’s claim.

10. According to the NADA, the published value of the Vehicle as of February 15, 2022, 

is between approximately $2,850 and $4,675. A printout of the NADA valuation is attached as Exhibit 

C.

11. Debtor’s Plan does not cure the arrearages, provide adequate protection, or make 

accommodation for ongoing payments on the Vehicle. No payments have been made on the Vehicle 

since September 17, 2021, and no payments were made after the Petition Date. Notwithstanding,

Debtor has alleged an intention to retain the Vehicle.

12. Based on the foregoing, Movant alleges that Movant is not adequately protected, that

the Vehicle is not necessary to effectuate Debtor’s reorganization, and that it would be unfair and 

inequitable to delay Movant in the repossession of the Vehicle. 

13. The Vehicle continues to depreciate and is subject to risk of further damage and/or loss. 

Case 22-11124-AJC Doc 19 Filed 02/25/22 Page 2 of 22
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By its very nature, the Vehicle shall continue to depreciate by their daily use and is also subject to 

being easily secreted, damaged or destroyed, thereby impairing and reducing the value of Movant’s 

security interest under the Agreement. Further, by its very nature, the Vehicle can be easily removed 

from this area and the jurisdiction of this court and the local state courts.

14. Additionally, upon the entry of an order terminating the automatic stay, the Debtor is 

more likely to take actions detrimental to the Motor Vehicle, including hiding it, damaging it, 

destroying it, or removing it from this geographic area, thereby impairing Movant’s security interest 

in the Vehicle.

15. The Debtor has no discernable equity in the Vehicle, Movant is currently undersecured, and said property is not necessary for the Debtor's effective reorganization. Relief from the 

automatic stays described above is, therefore, warranted under Section 362(d)(2) and Rule 4001(d)(3).

16. Movant has elected to repossess the Vehicle; however, is precluded from doing so 

during the pendency of this Bankruptcy Case. Movant alleges that the automatic stay should be lifted 

for cause pursuant to Section 362(d)(1), as Movant lacks adequate protection of its interest in the 

Collateral as evidenced by: (a) Debtor’s default under the terms of the Agreement by failing to make

payments when due and owing thereunder; (b) Debtor’s failure to show that the Vehicle is properly 

and fully insured; and/or (c) the Vehicle, and the value thereof, are in a state of decline and continue 

to decline due to Debtor’s continued possession thereof.

17. Accordingly, Movant respectfully requests this Court issue an Order granting relief 

from the automatic stay, permit Movant to immediately proceed with repossession or other action 

necessary to immediately obtain and sell the secured Vehicle, while reserving Movant the right to file 

a proof of claim on the unsecured amount.

WHEREFORE, Movant moves the Court for an Order substantially in the form attached as 

Exhibit D: (a) terminating the Automatic Stay imposed by Section 362(a) of the Code; (b) determining 

that Rule 4001(a)(3) is not applicable and Movant may immediately enforce and implement the stay 

Case 22-11124-AJC Doc 19 Filed 02/25/22 Page 3 of 22
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relief order to repossess and/or replevy the Vehicle and foreclose Debtor's interest under the Agreement 

by selling or otherwise disposing of the Vehicle in a commercially reasonable manner and applying 

the sales proceeds to the indebtedness owed to Movant; and (c) granting such other relief as the Court 

deems appropriate under the circumstances. Moreover, should Debtor bring the account current prior 

to the response deadline for Creditor's motion on stay relief, Creditor moves this court for a conditional 

order providing for stay relief upon any future default in payments to Movant. 

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).

Dated: February 25, 2022. Respectfully submitted: 

s/ Matthew S. Kish 

Matthew S. Kish, Esq.

Fla. Bar No. 491640 

Shapiro, Blasi, Wasserman & Hermann, P.A.

7777 Glades Road, Suite 400

Boca Raton, FL 33434

Phone: 561.477.7800

Fax: 561.477.7722

Email: mkish@sbwh.law

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on February 25, 2022, a true and correct copy of the foregoing was 

served upon all parties who are currently on the list to receive email notice/service for this case via the 

Court’s CM/ECF System and/or U.S. mail to the Office of the US Trustee, Nancy K. Neidich, Trustee, 

Jose A Blanco, Esq., attorney for debtor, and mailed to Debtor, Ava Celeste Benjamin, 2246 NW 61st 

Street, Miami, FL 33142-7829.

s/ Matthew S. Kish

Matthew S. Kish 

Case 22-11124-AJC Doc 19 Filed 02/25/22 Page 4 of 22
Exhibit A

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Exhibit A

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Exhibit A

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Exhibit A

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Exhibit A

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Exhibit A

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Exhibit B

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Exhibit B

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Exhibit B

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Exhibit B

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Exhibit C

Case 22-11124-AJC Doc 19 Filed 02/25/22 Page 15 of 22
2/15/22, 1:03 PM 2008 INFINITI EX35 Wagon 4D Journey 2WD Prices, Values & EX35 Wagon 4D Journey 2WD Price Specs | NADAguides

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Rough Trade-In

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Total Base $2,850

Options N/A

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Exhibit C

Case 22-11124-AJC Doc 19 Filed 02/25/22 Page 16 of 22
2/15/22, 1:03 PM 2008 INFINITI EX35 Wagon 4D Journey 2WD Prices, Values & EX35 Wagon 4D Journey 2WD Price Specs | NADAguides

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Exhibit C

Case 22-11124-AJC Doc 19 Filed 02/25/22 Page 17 of 22
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Exhibit C

Case 22-11124-AJC Doc 19 Filed 02/25/22 Page 18 of 22
2/15/22, 1:03 PM 2008 INFINITI EX35 Wagon 4D Journey 2WD Prices, Values & EX35 Wagon 4D Journey 2WD Price Specs | NADAguides

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Exhibit C

Case 22-11124-AJC Doc 19 Filed 02/25/22 Page 19 of 22
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Exhibit C

Case 22-11124-AJC Doc 19 Filed 02/25/22 Page 20 of 22
UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

www.flsb.uscourts.gov

In Re: 

AVA CELESTE BENJAMIN,

Debtor.

_____________________________/

CASE NO. 22-11124-AJC

Chapter 13

ORDER GRANTING RELIEF FROM AUTOMATIC STAY

THIS CASE came before the Court on __________, 2022 at ____ am/pm on the Motion 

for Relief from the Automatic Stay (“Motion”) [ECF #___], filed by LUGANO CAPITAL, INC., 

D/B/A “START AUTO FINANCE” (“Movant”), and based on the record, there being no 

objections to the entry of this Order and the Court being otherwise fully advised in the premises, 

the Court finds good cause for granting same. Accordingly, it is:

ORDERED: 

1. Movant’s Motion is granted.

2. Relief from the automatic stay imposed by 11 U.S.C. § 362 is granted so that the 

Movant may proceed with the repossession and disposition of the 2008 INFINITI EX35; VIN: 

JNKAJ09E18M304148 ("Vehicle"). 

Exhibit D

Case 22-11124-AJC Doc 19 Filed 02/25/22 Page 21 of 22
3. The entry of this Order shall be deemed to constitute relief from the automatic stay 

as to any interest the Chapter 13 Trustee may have in the Vehicle.

4. The relief granted herein permits Movant to take action against the Vehicle only 

and does not permit Movant to obtain in personam relief against Debtor.

5. Movant may contact Debtor directly to initiate communications, including, but not 

limited to, provide any and all notices required by state law.

6. Movant may file a Proof of Claim on the unsecured amount of its claim. 

# # #

Submitted by:

Matthew S. Kish, Esq.

Shapiro Blasi Wasserman Hermann P.A.

7777 Glades Road, Suite 400

Boca Raton, Florida 33434

Phone: 561-477-7800

Email: mkish@swbh.law

Attorneys for Movant

Copies to: Matthew Kish, Esq.

(Attorney Kish is directed to serve a copy of this order on all interested parties and to file a proof of service within 

three days of the entry of the order). 

Exhibit D

Case 22-11124-AJC Doc 19 Filed 02/25/22 Page 22 of 22