UNITED STATES BANKRUPTCY COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

In re:

Jens A. Berding Case No.: 21-18746-SMG

Eddy Evelyn Manzo-Berding Chapter 11

Debtor(s).

 / 

MOTION TO VALUE AND DETERMINE SECURED STATUS OF LIEN OF

ALLY BANK C/O AIS PORTFOLIO SERVICES, LP ON PERSONAL PROPERTY

AND CERTIFICATE OF SERVICE OF COURT GENERATED NOTICE OF HEARING

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 personal property securing the claim of ALLY BANK C/O AIS PORTFOLIO

SERVICES, LP (“Lender”).

2. (Select only one):

 X Lender’s collateral consists of a motor vehicle and is particularly described

as follows:

Year and Model of motor vehicle: 2017 Dodge Caravan Wagon

Vehicle Identification Number (VIN #): 2C4RDGEG8HR711571

Odometer reading: 60,500

Case 21-18746-SMG Doc 51 Filed 11/15/21 Page 1 of 3
___ Lender’s collateral consists of a lien on personal property other than a motor vehicle

and is particularly described as follows:

3. At the time of the filing of this case, the value of the personal property is $15,915.00

as determined by (www.blackbook.com) .

4. The undersigned reviewed the docket and claims register and states (select only 

one):

___ 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, it shall be classified as a secured claim to the extent provided

in paragraph 3, above, and as a general unsecured claim for any deficiency,

regardless of the original classification in the proof of claim as filed. Lender’s

secured claim shall be paid through the plan at ____% and for a total of $________.

or

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

the extent provided in paragraph 3, above, and as a general unsecured claim for any

deficiency, regardless of the original classification in the proof of claim. Lender’s

secured claim shall be paid through the plan at 5.25% and for a total of $18,130.00 

 .

5. The subject personal 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 personal 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, and (d) 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.

Case 21-18746-SMG Doc 51 Filed 11/15/21 Page 2 of 3
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.

I hereby certify that a copy of the foregoing Motion and Notice of Hearing

subsequently generated by the court after the filing of the instant motion was served in the manner

described below, on November 15, 2021 , upon:

Via CM/ECF:

Office of the US Trustee

USTPRegion21.MM.ECF@usdoj.gov

Linda Marie Leali

trustee@lealilaw.com, F005@ecfcbis.com;lkennedy@lealilaw.com

Steven D Schneiderman on behalf of U.S. Trustee Office of the US Trustee

Steven.D.Schneiderman@usdoj.gov

Via US Mail:

Ally Bank, c/o AIS Portfolio Services, LP

4515 N Santa Fe Ave. Dept. APS

Oklahoma City, OK 73118

Via US Certified Mail:

ALLY BANK

Attn: Jeffrey J. Brown, CEO

200 West Civic Centre Drive

Sandy, UT 84070

Law Offices of

NOWACK & OLSON, PLLC

Attorney for Debtor(s)

8551 W Sunrise Blvd, Suite 208

Plantation, FL 33322

(954) 349-2265

/s/ Mitchell J. Nowack 

MITCHELL J. NOWACK, ESQ.

Florida Bar Number: 099661

Case 21-18746-SMG Doc 51 Filed 11/15/21 Page 3 of 3