United States Bankruptcy Court
District of Kansas
Mark Robert Wilkinson
Theresa Jean Wilkinson
OBJECTION TO PROOF OF CLAIM NO. 10 FILED BY H. ALICE
COME NOW the above-named debtors, by and through their
attorney of record, Jonathan C. Becker, pursuant to Rule 3007 of the
Rules of Bankruptcy Procedure and file this objection to the claim filed
by the referenced creditor and in support hereof would show the
This case was commenced by the filing of a petition with the
Clerk of this court on July 21, 2013.
2. Creditor filed a purported proof of claim in the amount of
The creditor's claim is based upon a writing. The claim form and
attached documents, if any, do not satisfy the mandatory
requirements of FRBP 3001(c). The Proof of Claim was not executed
and filed in accordance with Rule 3001(c). Creditor's claim lacks prima
facie validity. In re Kirkland, No. 08-2017 (10th Cir., July 14, 2009)
The claim is not supported by any written evidence of an
enforceable agreement or a contract that establishes the debt between
the debtor and creditor.
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The claim does not satisfy the requirements to prove the
contents of a writing as set forth in 11 U.S.C. § 502(b)(1).
The debtor further objects to the amount of the debt. The claim
fails to include a itemized written statement of the account and fails to
list interest and other charges along with payments made. Debtor
demands proof of late fees, over limit fees, finance charges, attorney
fees, interest, NSF check fees, phone payment fees, the interest rates
used to compute the balance alleged on the Proof of Claim, an
explanation and breakdown of the elements used in each of the
calculations, and a copy of the agreement authorizing the interest,
charges and fees that are included in the claim.
WHEREFORE, the debtor moves the Court for relief as follows:
That the Court directs the Chapter 13 Trustee to strike the claim
of H.Alice Jacks Achtenberg;
That the claim should be entirely disallowed as it fails to comply
with the mandatory requirements of Rule 3001(c);
That the claim should be entirely disallowed as the creditor failed
to provide verification of ownership, a copy of the agreement
authorizing the charges and fees included in the claim, invoices and
statements, proof of late fees, over limit fees, finance charges,
attorney fees, interest and the interest rates used to compute the
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alleged balance and the explanation and breakdown of the elements
used in each of the calculations;
That the creditor be precluded from filing any amended, modified
or substituted claim in this case;
That the underlying debt be canceled and forever discharged
whether or not the debtors receive their Discharge Order in this case;
That the debtor has such other and further relief as the Court
may deem just and proper.
Dated this 21 October 2013.
JONATHAN C. BECKER,
ATTORNEY AT LAW, P.A.
By: /s/ Jonathan C. Becker______
Jonathan C. Becker, #13983
3120 Mesa Way, Suite B
Lawrence, KS 66049-4203
Attorney for Debtor
CERTIFICATE OF MAILING
I hereby certify that on this 21 October 2013 a true and correct
copy of the above and foregoing was electronically filed with the Court
using the CM/ECF System, which sent notification to all parties of
interest participating in the CM/ECF system.
Case 13-21855 Doc# 46 Filed 10/21/13 Page 3 of 4
Additionally, a copy of the above and foregoing was deposited in
the U.S. Mail, postage prepaid, on this 21 October 2013 to: H Alice
Jacks Achtenberg, 1010 West 68th Terr., Kansas City MO 64113 .
/s/ Jonathan C. Becker_________
Jonathan C. Becker
Case 13-21855 Doc# 46 Filed 10/21/13 Page 4 of 4