Mark C. Leffler (VSB #40712) 

Boleman Law Firm, P.C. 

2104 W. Laburnum Ave., Suite 201 

Richmond, VA 23227 

Telephone (804) 358-9900 

Counsel for Debtors

IN THE UNITED STATES BANKRUPTCY COURT 

Eastern District of Virginia 

Richmond Division 

 

In re: Frank Virgil Perkins

AKA Frank Virgil Perkins, Jr. 

Debtor 

Case No. 16-32929-KLP

Chapter 13

Address: 4384 Three Bridge Road 

 Powhatan, VA 23139 

Last four digits of Social Security No: xxx-xx-6018 (Debtor) 

NOTICE OF OBJECTION TO CLAIM

 The above named Debtor has 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 

 Richmond, VA 23230-1588 

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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: January 16, 2017 BOLEMAN LAW FIRM, P.C. 

Counsel for Debtor 

 

 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 Debtor 

CERTIFICATE OF SERVICE 

 I certify that on January 16, 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: 

American Honda Finance Corporation 

c/o CT Corporation System, Reg. Agent 

4701 Cox Road, Suite 285 

Glen Allen, VA 23060 

American Honda Finance Corporation 

PO Box 168088 

Irving, TX 75016-8088 

Frank V. Perkins 

4384 Three Bridge Road 

Powhatan, VA 23139 

/s/ Mark C. Leffler 

Counsel for Debtor 

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Mark C. Leffler (VSB #40712) 

Boleman Law Firm, P.C. 

2104 W. Laburnum Ave., Suite 201 

Richmond, VA 23227 

Telephone (804) 358-9900 

Counsel for Debtors

IN THE UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

In re: Frank Virgil Perkins

AKA Frank Virgil Perkins, Jr. 

Debtor 

Case No. 16-32929-KLP

Chapter 13

OBJECTION TO CLAIM NO. 2-1 AND MEMORANDUM IN SUPPORT THEREOF

Frank V. Perkins (“Debtor”), by counsel, files this Objection to the Proof of Claim 

(Claim No. 2-1) filed by American Honda Finance Corporation, 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, Debtor respectfully states 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 

Debtor, a Chapter 13 case having been filed in this Court on June 10, 2016.

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

(K), and (O). 

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

Parties 

4. Frank V. Perkins (hereinafter “Debtor”) is the debtor in this case. 

5. Respondent American Honda Finance Corporation (hereinafter “American 

Honda”) is a corporation registered with the Virginia State Corporation Commission that 

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filed a proof of claim in the instant case. 

Facts

 6. American Honda’s Proof of Claim (“the Claim”), sets forth its claim as 

follows: Unsecured in the amount of $6,434.97. Further, the Proof of Claim indicates the 

debtor may have scheduled the debt as “Onemain Financial, Inc.” 

 7. Part 2, number 7 of the Proof of Claim form requires claimants to state 

whether the claim amount includes “interest or other charges”. American Honda 

answered this question, “yes”. 

 8. Part 2, number 7 of the Proof of Claim for further instructs claimants who 

answered in the affirmative, as American Honda did, to “Attach statement itemizing 

interest, fees, expenses, or other charges required by Bankruptcy Rule 3001(c)(2)(A)”. 

 9. In Part 2, number 8, American Honda indicated the basis for the claim is 

“Lease Deficiency”. 

 10. American Honda did not attach a statement to the Claim itemizing interest, 

fees, expenses, or other charges. 

 11. Debtor listed a debt to American Honda in his Schedules in the amount of 

$1,500.00, nearly $5,000.00 less than American Honda asserted in its Claim. 

 12. Debtor denies the accuracy of the amount allegedly owed and specifically 

alleges that it fails to accurately state the principal balance, the interest thereon, and the 

fees that have been charged. 

Discussion 

 13. Pursuant to 11 U.S.C. § 502(a), a claim is “deemed allowed, unless a 

party in interest . . . objects.” 

 14. Pursuant to 11 U.S.C. § 502(b)(1), where an objection is made to a claim, 

the Court “shall determine the amount of such claim . . . and shall allow such claim in 

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such amount, except to the extent that . . . [ ] such claim is unenforceable against the 

debtor and property of the debtor, under any agreement or applicable law . . . . “ 

15. Federal Rules of Bankruptcy Procedure 3001(f) states: “A proof of claim 

executed and filed in accordance with these rules shall constitute prima facie evidence 

of the validity and amount of the claim”. 

16. Pursuant to Federal Rules of Bankruptcy Procedure 3001(c)(2)(A), “If, in 

addition to its principal amount, a claim includes interest, fees, expenses, or other 

charges incurred before the petition was filed, an itemized statement of the interest, 

fees, expenses, or charges shall be filed with the proof of claim.” 

Argument 

 17. Debtor hereby objects to American Honda’s Claim to the extent the claim 

amount differs from the $1,500.00 the Debtor stated in his Schedules, because 

American Honda is charging interest and fees without disclosing same. 

 18. Debtor hereby objects to American Honda’s Claim to the extent the claim 

amount differs from the $1,500.00 the Debtor stated in his Schedules, because Debtor 

is unable to determine the basis for the difference between the claim amount and the 

amount stated in his Schedules because American Honda has failed to attach an 

itemization of interest, fees, expenses, or other charges, as required by Rule 

3001(c)(2)(A). 

 19. If the debt includes interest or other fees which have not been disclosed or 

itemized, under Federal Rules of Bankruptcy Procedure 3001(c)(2)(D), American 

Honda’s claim should be disallowed, and this Court should award other appropriate 

relief, including reasonable expenses and attorneys’ fees. 

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 WHEREFORE, Debtor respectfully requests that the Court sustain this Objection 

to American Honda’s Claim, disallow the Claim to the extent the claim amount differs 

from the $1,500.00 in Debtor’s Schedules, and order such other and further relief as is 

just and proper. 

 Respectfully submitted, 

 Frank V. Perkins

 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 Debtor 

CERTIFICATE OF SERVICE 

 I certify that on January 16, 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: 

American Honda Finance Corporation 

c/o CT Corporation System, Reg. Agent 

4701 Cox Road, Suite 285 

Glen Allen, VA 23060 

American Honda Finance Corporation 

PO Box 168088 

Irving, TX 75016-8088 

Frank V. Perkins 

4384 Three Bridge Road 

Powhatan, VA 23139 

/s/ Mark C. Leffler 

Counsel for Debtor 

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