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

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: 

Midland Funding, LLC 

c/o Corporation Service Co., Reg. Agent 

Bank of America Center, 16th Floor 

1111 E. Main Street 

Richmond, VA 23219 

Midland Credit Management, Inc. 

as agent for Midland Funding, LLC 

PO Box 2011 

Warren, MI 48090 

Frank Virgil 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. 

P.O. Box 11588 

Richmond, VA 23230-1588 

Telephone (804) 358-9900 

Counsel for Debtor

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. 5-1 

AND MEMORANDUM IN SUPPORT THEREOF 

 COMES NOW, Frank Virgil Perkins, by counsel, and files this Objection to the 

Proof of Claim (Claim No. 5-1) filed by Midland Funding, LLC (“Midland”) 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 

Debtors, 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 Virgil Perkins (hereinafter “Debtor”) is the debtor in this case. 

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5. Respondent Midland is a limited liability company registered with the 

Virginia State Corporation Commission that filed a proof of claim in the instant case. 

The Proof of Claim At Issue 

 6. The Claim objected to herein is as follows: 

 Claimant Claim No. Status Amount 

 Midland 5-1 Nonpriority unsecured $538.60 

 7. On October 13, 2016, Midland filed its proof of claim designated by the 

Court as Claim 5-1 (“the Claim”). An attachment to Midland’s Proof of Claim purporting 

to be an account ledger set forth the following information: (1) that Midland Funding, 

LLC is the “Current Creditor”; (2) that Synchrony Bank was the “Original Creditor”, (3) 

that the entire amount owed is principal and interest, and that $0.00 in fees or other 

charges are embedded in the claim amount, and (4) that “THIS DATA REFLECTS THE 

FEES AND ACCRUED INTEREST ITEMIZED BY SYNCHRONY BANK AT THE TIME 

OF CHARGE-OFF OF THE BALANCE BY SYNCHRONY BANK.”. 

 8. Although Midland’s Claim asserted that no fees or other charges are 

included in the claim amount, the claim relates to credit contracts on which fees are 

regularly assessed. 

 9. Additionally, prior to filing the claims, Midland had been found to have 

been regularly misrepresenting that claims filed on Synchrony Bank credit card debt 

included no interest when Midland knew that they did. Midland represented to this 

Court that it would solve that problem and file accurate claims. Thus, Midland was 

especially aware of the need to accurately state whether these claims included fees. 

 10. On October 13, 2016, in the case of In re Rachel R. Maddux, Case No. 

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15-33574-KRH, this Court was presented with evidence that established that Midland 

does not obtain from Synchrony Bank the data regarding what, if any, fees are included 

in the amount at charge-off for claims originally scheduled as due Synchrony Bank. See 

In re Rachel R. Maddux, Case No. 15-33574-KRH, Transcript p. 127, line 24 through p. 

128, line 6. Accordingly, although Midland’s Claim asserted that no fees were included 

in the claim amount, Midland knows that it possesses no information from which to 

determine the truth of the amount of fees included in the claim amounts, and, as such, 

this is a false statement made under penalty of perjury. 

 11. Furthermore, testimony in the Maddux case established that Midland’s 

business development department falsely represents that an account data line from 

Synchrony Bank about zero “costs” is an account data line about fees embedded in the 

claim amount even when Midland has information showing that some fees are 

embedded in the claim amount. Consequently, the claim that the $0.00 of fees comes 

from “THE FEES . . . ITEMIZED BY SYNCHRONY BANK AT THE TIME OF CHARGEOFF OF THE BALANCE BY SYNCHRONY BANK” is a further false statement made 

under penalty of perjury. 

 12. Midland’s Claim does not attach any account-level documents. 

First Objection to Claim 

 13. Because of Midland’s standardized practice of falsely attesting under oath 

that debts include no fees when Midland knows it has no information regarding the 

amount of fees embedded in the claim amounts, because that practice also includes 

knowingly misrepresenting that this data is provided to Midland by Synchrony Bank 

when it is not, and because the debts were for credit on which fees are normally 

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charged, Debtor denies that the amount claimed by Midland does not include fees. 

 14. Because of its standard practice of knowingly filing false sworn 

statements, then once Debtor proves that Midland knowingly had no basis for its claim 

that the debt include no fees or proves the debt include fees, under Federal Rules of 

Bankruptcy Procedure 3001(c)(2)(D), Midland’s claim should be disallowed, and this 

Court should award other appropriate relief, including reasonable expenses and 

attorneys’ fees. 

Second Objection to Claim 

 15. Debtor did not list a debt to Midland in the Schedules, and Debtor denies 

owing this debt to Midland and requests strict proof thereof. 

 16. Debtor hereby requests that Midland provide the writings on which the 

claim is based, specifically including the credit contracts and any modifications thereto, 

and the writings upon which Midland bases its claim to own this debt. 

 17. Based on the testimony of its employees in the Maddux matter, Midland is 

not prepared to provide either of these writings when requested by an interested party 

to do so. Instead, its normal practice is merely to provide the documents such as a Bill 

of Sale, a Purchase Price Reconciliation Statement, and an Affidavit lacking accountlevel information, along with a “Last Payment Statement”, a “Charge-Off Statement”, 

and a Seller Data Sheet. Those documents are not the writings on which the claim is 

based. 

 18. If Midland will not provide both of the writings requested herein or a 

statement of the circumstances of the loss or destruction of these writings within thirty 

days, then under Federal Rules of Bankruptcy Procedure 3001(c)(2)(D), Midland’s 

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claims should be dismissed, and this Court should award other appropriate relief, 

including reasonable expenses and attorneys’ fees. 

 19. Debtor specifically asserts, pursuant to 11 U.S.C. § 502(b)(1) and (9), that 

Midland cannot enforce this debt against him. 

 WHEREFORE, Debtor respectfully requests that the Court sustain this Objection 

to Claim, disallow the claim, order appropriate sanctions against Midland including the 

Debtor’s reasonable attorney fees and expenses, and order such other and further relief 

as is just and proper. 

Respectfully submitted, 

 Frank Virgil Perkins 

 By Counsel 

 /s/ Mark C. Leffler_ 

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 Debtor 

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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: 

Midland Funding, LLC 

c/o Corporation Service Co., Reg. Agent 

Bank of America Center, 16th Floor 

1111 E. Main Street 

Richmond, VA 23219 

Midland Credit Management, Inc. 

as agent for Midland Funding, LLC 

PO Box 2011 

Warren, MI 48090 

Frank Virgil Perkins 

4384 Three Bridge Road 

Powhatan, VA 23139 

 /s/ Mark C. Leffler 

 Counsel for Debtor

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