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United States Bankruptcy Court

District of Kansas

In
re


Mark Robert Wilkinson
Theresa Jean Wilkinson


Debtor(s)

Case
No.


Chapter 13

13-21855

OBJECTION TO PROOF OF CLAIM NO. 10 FILED BY H. ALICE

JACKS ACHTENBERG








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

following:

1.

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

$1,355.39.

3.

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)

4.

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.

Case 13-21855 Doc# 46 Filed 10/21/13 Page 1 of 4

5.

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).

6.

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:

1.

That the Court directs the Chapter 13 Trustee to strike the claim

of H.Alice Jacks Achtenberg;

2.

That the claim should be entirely disallowed as it fails to comply

with the mandatory requirements of Rule 3001(c);

3.

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

Case 13-21855 Doc# 46 Filed 10/21/13 Page 2 of 4

alleged balance and the explanation and breakdown of the elements

used in each of the calculations;

4.

That the creditor be precluded from filing any amended, modified

or substituted claim in this case;

5.

That the underlying debt be canceled and forever discharged

whether or not the debtors receive their Discharge Order in this case;

6.

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





785/842-0900
785/371-0952


[email protected]

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