BAN, QP. * RO, Ye KAS al qrXn NFAY ey g KEE A UK eae gee ORDERED in the Southern District of Florida on April 8, 2022.

Robert A. Mark, Judge United States Bankruptcy Court

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA ) In re: ) CASE NO. 22-10746-RAM ) CHAPTER 13 MIRIAM SOLER, ) ) Debtor. ) ee) ORDER TO SHOW CAUSE WHY MIRIAM SOLER, ROBERTO SOLER, JR. AND ALBERTO SOLER SHOULD NOT BE ENJOINED FROM FILING FURTHER BANKRUPTCY CASES WITHOUT LEAVE OF COURT As described in this Court’s February 17, 2022 Order Enjoining Debtor from Filing Adversary Proceeding Without Leave of Court [DE# 17], this case is the eighth bankruptcy case filed in this district in the last six years by Miriam Soler! (3 cases), Roberto Soler, Jr. * (2 cases), and Alberto Soler? (3 cases) (collectively, the “Solers”).

The prior cases were filed for the primary purpose of delaying the foreclosure of two properties, one located at 4741 NW 5th St., Miami, FL 33126 (the “5th St. Property”) and one located at 736 SE

8th Place, Hialeah, FL 33010 (the “Hialeah Property”). Sixteen adversary proceedings were initiated in the prior cases, including failed attempts to remove the two foreclosure cases to the bankruptcy court. Twelve of the adversary proceedings related to either the 5th St. Property or the Hialeah Property. Neither the 5th St. Property nor the Hialeah Property are owned by the Solers. Judge Cristol granted prospective stay relief to the Federal National Mortgage Association (“Fannie Mae”) with respect to the Hialeah Property in his Amended Order Dismissing Case for Failure to Make Pre-Confirmation Plan Payments and for Failure to Appear at Meeting of Creditors [DE# 52 in 19-17922]. That Order allowed Fannie Mae to conclude its foreclosure in Case

No. 2013-033734-CA-01, and the Hialeah Property was purchased at a foreclosure sale by FORMIAMI 20, LLC. The Miami-Dade County Clerk of Courts issued a Certificate of Title to FORMIAMI 20, LLC on January 27, 2021. The Certificate of Title was recorded on January 29, 2021. A copy of the Certificate of Title on the Hialeah Property is attached as Exhibit A to this Order. The 5th St. Property was the subject of a foreclosure case commenced by Fannie Mae in 2013, Case No. 2018-008187-CA-01. Judge 2 Cristol granted Fannie Mae stay relief to complete its foreclosure in his November 28, 2017 Order Granting Motion for Relief from Stay and Co-Debtor Stay and Order to Grant Prospective Relief for

a One-Year Period (the “5th St. Property Stay Relief Order”) [DE# 65 in 17-18812]. The 5th St. Property foreclosure case went forward. Fannie Mae was the successful bidder at the foreclosure sale, and the Miami-Dade County Clerk of Courts issued a Certificate of Title to Fannie Mae on August 6, 2018. A copy of the Certificate of Title on the 5th St. Property is attached as Exhibit B to this Order. Need and Justification for Prospective Relief Based upon the record in the seven prior Soler cases and 12 prior adversary proceedings, and in the dozens of appeals filed in those cases and proceedings, it is clear that the Solers are bad- faith, vexatious litigants. If unchecked, it is likely that they

will file future bankruptcy cases seeking to re-litigate long- decided issues relating to the 5th St. Property and to the Hialeah Property. Their ongoing quest is evident in the record. For example, despite losing title to the 5th St. Property in April 2018, Miriam Soler, acting through her son, filed two Motions to Reopen her first case in November 2019 [DE#s 104 and 106 in 16-16898] and filed a Motion to Re-Impose Automatic Stay [DE# 109 in 16-16898]. 3 All three motions sought relief against Fannie Mae in connection with the foreclosure of the 5th St. Property. On December 9, 2019, this Court entered its Order Denying

Debtor’s Motions and Granting Prospective Stay Relief [DE# 116 in 16-16898]. That Order noted the important fact that Fannie Mae was the owner of the 5th St. Property. The Order also granted prospective stay relief to Fannie Mae to obtain issuance of, and to execute, a Writ of Possession. In typical fashion, the Solers continued their vexatious attempts to undo the foreclosure, filing several appeals in that case. On January 31, 2022, Miriam Soler, again acting through Alberto Soler, filed this case. Because the case was dismissed for filing deficiencies, the Court cannot state with certainty what the Solers hoped to accomplish. But, given the history, there is reason to suspect that they were planning, once again, to launch

a further attack on Fannie Mae and possibly others relating to the 5th St. Property. Discussion The Court has the authority to enjoin the Solers from filing any further bankruptcy cases relating to the 5th St. Property or to the Hialeah Property, pursuant to its inherent authority and pursuant to § 105 of the Bankruptcy Code. The history of the Soler filings supports this relief. 4 Continuing to advance groundless and patently frivolous litigation is tantamount to bad faith justifying sanctions. Ginsberg v. Evergreen Sec., Ltd. (In re Evergreen Sec., Ltd.),

(11th Cir. 2009). And, a federal court’s inherent authority to sanction includes pre-filing restrictions such as enjoining future filings without leave of court. Martin-Trigona v. Shaw,

(11th Cir. 1993). Unless the Solers appear at the hearing scheduled by this Order and show cause why an injunction should not be issued, the Court will enter the injunctive relief described in this Order. Therefore, it is - ORDERED as follows: 1. Alberto Soler, Roberto Soler, Jr., and Miriam Soler (personally or through Alberto Soler) are ordered to appear for a video conference hearing on May 19, 2022 at 2:00 p.m., and show

cause why the Court should not enter the injunction described in paragraph 5 of this Order. 2. The hearing will be conducted by video conference using the services of Zoom Video Communications, Inc. 3. For instructions regarding the video conference, please refer to the General Procedures for Hearings By Video Conference on Judge Mark’s web page on the Court’s website, https://www.flsb.uscourts.gov/judges/judge-robert-mark 5 4. To register for the video conference, click on the following link or manually enter the following link in a browser: https://www.zoomgov.com/meeting/register/vJItc-2gqjwpGFCwi9sSY9YQuLWOzPBMaTs

5. Unless one or more of the Solers appear at the May 19th hearing and show cause why an injunction should not be issued, the Court will enter an injunction prohibiting all of the Solers from filing any further bankrupty cases without leave of Court. The injunction will provide that the Court will allow a new case only if it grants a Motion for Leave to File New Bankruptcy Case (the “Motion for Leave”). To be considered by the Court, the Motion for Leave must be filed in this case, describe the purpose of a new bankruptcy case, and certify that the proposed new case is seeking to discharge, or restructure, debts that are not related to the 5th St. Property or to the Hialeah Property. 6. This Order has been reviewed by both Chief Judge Laurel

Isicoff and Judge A. Jay Cristol who have confirmed that they approve and support the entry of this Order. ### COPIES TO: Nancy K. Neidich, Trustee CLERK TO SERVE PARTIES BELOW: Miriam Soler

Street Miami, FL 33126 6 Robert Soler, Jr. 4741 NW 5th Street Miami, FL 33126

Alberto Soler 4741 NW 5th Street Miami, FL 33126

Melbalynn Fisher Ghidotti & Berger LLP 1031 N Miami Beach Blvd North Miami Beach, FL 33162-3842

Andrea Hartley, Esq. Akerman LLP Three Brickell City Centre 98 SE 7th St Miami, FL 33131-3522

7 | (UN i : CFH 20271R0075542 | IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL OR BK 32321 Ps 4891 (iPass) CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA RECORDED paroats7 i HARVEY RUVINy CLERK OF COURT i MIAMI-DADE COUNTY: FLORIDA :

Federal National Martgage Association Plaintiff(s) / Petitioners) GENERAL JURISDICTION DIVISION i Case No: 2013-033734-CA-01 VS. Section: (Section, CA 58) Soler, Roberto N, Doc Stamps: $1,593.00 Defendant(s) / Respondents(s) Surtax: $0.00 | Consideration: $265,500.00 CERTIFICATE OF TITLE | The undersigned clerk of the court certifies that a Certificate of Sale was executed and filed in this action on | October 29, 2020, for the property described herein and that no abjections to the sale have been filed within the time allowed for filing objections. □ The following property in Miami-Dade County, Florida: i LOTS 15 AND 16 IN BLOCK 9, OF HIALEAH PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, AT PAGE 22 : OF THE PUBLIC RECPRDS OF MIAMI- DADE COUNTY, FLORIDA. □ Property Address: 736 SE 8TH PL, HIALEAH, FL 33019.

was sold to: FORMIAMI20 LLC 3250 NE 1st Avenue Ste. 307 Miami, FL, 33137 | WITNESS my hand and the seal of this court on January 22, 2021. □

SO eae foi “g, ND, : 8 ‘ 0 ne a S a Harvey Ruvin, Clerk of Courts nm , Miami-Dade County, Florida Le i og ant . B= Tey est os oR 88 | [ Rev, 10/5/2008 4 Book32321/Page4891 CFN#20210075568 Page 1 of 1 Exhibit A

URE AAU TAT OA | CEM 2BISGRO4 4 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL OR BK 31090 Ps 1218 (1Pss) 4 . RECORDED O8/06/2018 14223:2é CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA HARVEY RUVINe CLERK OF CHURT | MIAMI-DADE COUNTY» FLORIDA 4

i Federal Nat! Mort Assn (Fannie Mae), GENERAL JURISDICTION DIVISION Plaintiff(s) / Petitioner(s) i vs Case No: 2013-008187-CA-01 : Section: (Section, CA 04) Soler, Roberto, , et al. Doc Stamps: $120.60 Defendant(s) / Respondents(s) Surtax: $0.00 Consideration: $20,100.00

CERTIFICATE OF TITLE The undersigned clerk of the court certifies that a Certificate of Sale was executed and filed in this action on May i 01, 2018, for the property described herein and that no objections to the sale have been filed within the time i allowed for filing objections. The following property in Miami-Dade County, Florida: LOT 5, OF JAY BOB SUBDIVISION - PART NO. 8, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 59, PAGE 99, OF THE i PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.

i PROPERTY ADDRESS: 4741 NW STH STREET, MIAMI, FL, 33126 i was sold to: FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") i 14523 SW MILIKAN WAY, SUITE 200 BEAVERTON, OR, 97005 WITNESS my hand and the seal of this court on August 02, 2018. ee ae (E> Kena 3 (i 3 | \ ah) SSF Harvey Ruvin, Clerk of Courts | Miami-Dade County, Florida

Exhibit B Rev, 10/5/2008 4 Book31090/Page1218 CFN#20180475780 Page 1 of 1