Mark C. Leffler (VSB #40712) 

Boleman Law Firm, P.C. 

P.O. Box 11588 

Richmond, VA 23230-1588 

Telephone (804) 358-9900 

Counsel for Debtors

IN THE UNITED STATES BANKRUPTCY COURT 

Eastern District of Virginia 

Richmond Division 

In re: Christopher Joseph Matisa 

 Sandra Matisa 

 DBA Kiss of Ink, LLC 

 AKA Sandra Stillwell 

 Debtors 

Case No. 16-34506-KRH

Chapter 13

Address: 171 Alameda Dr 

 Pamplin, VA 23958 

Last four digits of Social Security No(s): xxx-xx-4776 (Debtor) 

 xxx-xx-5022 (Joint Debtor) 

NOTICE OF OBJECTION TO CLAIM

 The above named Debtors have filed an Objection to Claim in this bankruptcy 

case. 

 Your claim may be reduced, modified or eliminated. You should read these 

papers carefully and discuss them with your attorney, if you have one.

 If you do not want the Court to eliminate or change your claims, then no later 

than 30 days from the date of this notice, you or your attorney must: 

 File with the Court a written response to the objection, explaining your position, 

at: 

 Clerk of Court 

 United States Bankruptcy Court 

701 E. Broad Street, Room 4000 

Richmond, VA 23219 

 If you mail your response to the Court for filing, you must mail it early enough so 

that the Court will receive it on or before the date stated above. 

You must also send a copy to: 

 

 Boleman Law Firm, P.C. 

P.O. Box 11588 

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 Richmond, VA 23230-1588 

If you or your attorney do not take these steps, the court may decide that you do 

not oppose the objection to your claim. 

Dated: April 25, 2017 BOLEMAN LAW FIRM, P.C. 

Counsel for Debtors 

 

 By: /s/ Mark C. Leffler 

Mark C. Leffler (VSB #40712) 

Boleman Law Firm, P.C. 

P.O. Box 11588 

Richmond, VA 23230-1588 

Telephone (804) 358-9900 

Counsel for Debtors 

CERTIFICATE OF SERVICE 

 I certify that on April 25, 2017 a copy of the foregoing has been sent to the 

Chapter 13 Trustee via the Court’s CM/ECF system and mailed via first class mail to the 

following: 

JR Direct 

3802 Rosecrans Street #536 

San Diego, CA 92110 

DS Funding, L.L.C. 

c/o Darell A. Drinkwater, Registered Agent 

605 Lynnhaven PKWY STE 200 

Virginia Beach, VA 23452 

Christopher Joseph Matisa 

Sandra Matisa 

171 Alameda Drive 

Pamplin, VA 23958 

 /s/ Mark C. Leffler 

 Counsel for Debtors 

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Mark C. Leffler (VSB #40712) 

Boleman Law Firm, P.C. 

P.O. Box 11588 

Richmond, VA 23230-1588 

Telephone (804) 358-9900 

Counsel for Debtors

IN THE UNITED STATES BANKRUPTCY COURT 

Eastern District of Virginia 

Richmond Division 

In re: Christopher Joseph Matisa 

 Sandra Matisa 

 DBA Kiss of Ink, LLC 

 AKA Sandra Stillwell 

 Debtors 

Case No. 16-34506-KRH

Chapter 13

OBJECTION TO CLAIM NO. 4-1 AND MEMORANDUM IN SUPPORT THEREOF

***NOTICE OF TIME FOR FILING RESPONSE*** 

 NOTICE IS HEREBY GIVEN that pursuant to Local Bankruptcy Rule Number 

9013-1(H)(3)(d) of the Eastern District of Virginia, the Court may enter an order 

without a hearing if no response is filed to this objection within 30 days.

 COMES NOW, Christopher Joseph Matisa and Sandra Matisa, by counsel, and 

files this Objection to the Proof of Claim (Claim No. 4-1) filed by JR Direct d/b/a JR 

Direct (a/o DS Funding, LLC.....Washington Mutual Bank) (“JR Direct”), pursuant to 11 

U.S.C. § 502, Federal Rules of Bankruptcy Procedure 3001, 3007 and 9014, and Local 

Bankruptcy Rules 3007-1 and 9013-1. In support thereof, Debtors respectfully state the 

following: 

Jurisdiction

 1. Jurisdiction of this Court over the instant matter is based upon 28 U.S.C. 

§§1334 and 157 in that this action arises in and relates to the bankruptcy case of the 

Debtors, a chapter 13 case having been filed in this Court on July 13, 2016.

2. This proceeding is a core proceeding under 28 U.S.C. §157(b)(2)(A), (B), 

(K), and (O). 

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3. Venue is proper pursuant to 28 U.S.C. §1409. 

Parties 

4. Christopher Joseph Matisa and Sandra Matisa (hereinafter “Debtors”) are 

the debtors in this case. 

5. Respondent JR Direct filed a proof of claim in Debtors’ bankruptcy case. 

Upon belief and information, Respondent JR Direct is a business entity which is not 

registered to do business with the Virginia State Corporation Commission. 

The Claim At Issue 

 6. JR Direct’s Proof of Claim sets forth its claim as follows: Unsecured in the 

amount of $13,041.47. 

 7. The Proof of Claim purports to be for a judgment that was entered against 

the Debtors, by default, in the Appomattox General District Court. 

 8. The information provided by JR Direct in the Proof of Claim is the same 

information that is publically available on the Supreme Court of Virginia’s website. 

 9. The Proof of Claim is not executed by the creditor or the creditor’s agent. 

First Objection to Claim

 10. Federal Rule of Bankruptcy Procedure 3001(a) states: “A proof of claim 

shall conform substantially to the appropriate Official Form.” 

11. The Proof of Claim filed is not the appropriate Official Form. 

Second Objection to Claim

12. Rule 3001(b) requires the following, except in circumstances not 

applicable to this case: “A proof of claim shall be executed by the creditor or the 

creditor's authorized agent . . . .” 

13. The Proof of Claim is not executed by anyone, and not by the creditor or 

its authorized agent. 

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Third Objection to Claim 

14. The debtors listed the debt as “unknown”, meaning they do not know the 

correct amount of the claim and request strict proof thereof. 

15. Because the creditor did not file its Proof of Claim in compliance with Rule 

3001, it is not entitled to be treated as prima facie valid. Fed.R.Bankr.P. 3001(f). 

16. The debtors accordingly object to the claim in any amount and request 

that the Court require the creditor to prove the amount it is owed. 

 WHEREFORE, Debtors respectfully request that the Court sustain this Objection 

to Claim, disallow the claim, and order such other and further relief as is just and proper. 

Respectfully submitted, 

 Christopher Joseph Matisa 

 Sandra Matisa

 By Counsel 

 By: /s/ Mark C. Leffler_ 

Mark C. Leffler (VSB #40712) 

Boleman Law Firm, P.C. 

P.O. Box 11588 

Richmond, VA 23230-1588 

Telephone (804) 358-9900 

Counsel for Debtors 

 

 

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CERTIFICATE OF SERVICE 

 I certify that on April 25, 2017 a copy of the foregoing has been sent to the 

Chapter 13 Trustee via the Court’s CM/ECF system and mailed via first class mail to the 

following: 

JR Direct 

3802 Rosecrans Street #536 

San Diego, CA 92110 

DS Funding, L.L.C 

c/o Darell A. Drinkwater, Registered Agent 

605 Lynnhaven PKWY STE 200 

Virginia Beach, VA 23452 

Christopher Joseph Matisa 

Sandra Matisa 

171 Alameda Drive 

Pamplin, VA 23958 

 /s/ Mark C. Leffler 

 Counsel for Debtors 

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