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: Jeffrey Michael Kopf 

 Bridget Fairman Kopf 

 AKA Bridget Fairman Earley 

 Debtors 

Case No. 17-33362-KLP

Chapter 13

Address: 9205 Mapleway Rd 

 Henrico, VA 23229 

Last four digits of Social Security No(s): xxx-xx-9696 (Debtor) 

 xxx-xx-2588 (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 

 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: February 12, 2018 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 February 12, 2018 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: 

LVNV Funding, LLC 

c/o Resurgent Capital Services 

P.O. Box 10587 

Greenville, SC 29603 

Jeffrey M. & Bridget F. Kopf 

9205 Mapleway Road 

Richmond, VA 23229 

 

 /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 Debtor

IN THE UNITED STATES BANKRUPTCY COURT 

Eastern District of Virginia 

Richmond Division 

 

In re: Jeffrey Michael Kopf 

 Bridget Fairman Kopf 

 AKA Bridget Fairman Earley 

 Debtors 

Case No. 17-33362-KLP

Chapter 13

OMNIBUS OBJECTION TO CLAIMS NO. 10-1, 11-1, and 12-1 

AND MEMORANDUM IN SUPPORT 

Pursuant to FRBP 3007(e), NOTICE IS GIVEN that claimants receiving this 

Objection should locate their names and claims in the Objection. The only claimant subject 

to this pleading is LVNV Funding, LLC (“LVNV”) which filed claims assigned by the 

Court as Claims No. 10-1, 11-1, and 12-1 and the details pertinent to each claim are found 

on page 2 herein. The objectors are Jeffrey M. & Bridget F. Kopf, the Debtors in this case, 

and their grounds for objecting to each claim are that LVNV falsely stated in each claim 

that no interest or other charges is included in the claim amounts, that LVNV violated 

Federal Rule of Bankruptcy Procedure 3001(c)(2)(A) by failing to itemize the interest, fees, 

and other charges included in the claim amount, and that the Debtors deny owing any debt 

to LVNV and request strict proof of LVNV’s standing to enforce the debts against them. 

 Jeffrey M. & Bridget F. Kopf, by counsel, file this Omnibus Objection to the Proof of 

Claims (Claim No.10-1, 11-1, and 12-1) filed by LVNV Funding, LLC (“LVNV”) 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 of this Objection, 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 June 30, 2017.

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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. Jeffrey M. & Bridget F. Kopf (the “Debtors”) are the debtors in this case. 

5. Respondent LVNV Funding, LLC (“LVNV”) is a foreign limited liability 

company that filed three (3) proofs of claim in the instant case. 

The Proofs of Claim At Issue 

 

 6. The Claims objected to are as follows: 

 Claimant Claim No. Status Amount 

 LVNV 10-1 Nonpriority unsecured $4,575.89 

 LVNV 11-1 Nonpriority unsecured $6,218.45 

 LVNV 12-1 Nonpriority unsecured $7,492.50 

 

 7. LVNV filed three (3) proofs of claim designated by the Court as Claims 10-1, 11-

1 and 12-1, respectively (“the Claims”). In Part 2, Box 7 of each claim, LVNV states under 

penalty of perjury that the claim amounts do not include any interest or other charges. 

8. In Part 2, Box 8 of each claim, LVNV states the basis of the claim is “credit 

card”. 

9. There is an attachment to each claim entitled “Account Detail” (the “Account 

Detail”), and the respective Account Details show the following date of last payment and date of 

charge-off: 

a. For Claim No. 10-1, the date of last payment is 04/19/2017 and the date of 

charge-off is 07/06/2017; 

b. For Claim No. 11-1, the date of last payment is 04/19/2017 and the date of 

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charge-off is 07/06/2017; and 

c. For Claim No. 12-1, the date of last payment is 10/17/2016 and the date of 

charge-off is 05/23/2017. 

10. The respective Account Details show the following itemizations of principal, 

interest, and fees: 

a. Claim No. 10-1 

b. Claim No. 11-1 

c. Claim No. 12-1 

11. LVNV’s claims relate to credit contracts on which interest and fees were regularly 

assessed. Debtors assert that LVNV’s Account Summaries do not properly, accurately, or 

truthfully itemize the interest, fees, and other costs embedded in the claim amounts or otherwise 

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meet the requirements of Rule 3001(c)(2)(A). 

Discussion 

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

interest . . . objects.” 

13. 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 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 . . . . ” 

14. 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.” 

15. Pursuant to Federal Rules of Bankruptcy Procedure 3001(c)(3)(B), “ On written 

request by a party in interest, the holder of a claim based on an open-end or revolving consumer 

credit agreement shall, within 30 days after the request is sent, provide the requesting party a 

copy of the writing [upon which the claim is based].” 

16. Pursuant to Federal Rules of Bankruptcy Procedure 3001(f), “a proof of claim 

executed and filed” in accordance with the rules “shall constitute prima facie evidence of the 

validity and amount of the claim.” 

Objection to Claim 

17. Each of LVNV’s claims falsely attest under oath in Part 2, Box 7 of the Proof of 

Claim that the claim amounts include no interest or other charges. 

18. Each of LVNV’s Account Summaries falsely attest under oath that the claim 

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amounts consist entirely of principal and include $0.00 in interest and $0.00 in fees. 

Accordingly, Debtors are unable to efficiently use the Proofs of Claim to determine what part of 

the amounts claimed by LVNV is attributable to principal, and what amounts to interest and fees. 

19. Under Federal Rules of Bankruptcy Procedure 3001(c)(2)(D), this Court should 

preclude LVNV from presenting any evidence to the contrary of what it has sworn to in its 

claims, dismiss LVNV’s claims, and award other appropriate relief, including reasonable 

expenses and attorneys’ fees. 

Second Objection to Claim 

20. Debtors’ Schedules do not include any debt to LVNV and, accordingly, Debtors 

deny owing a debt to LVNV and request strict proof thereof. 

21. Debtors specifically assert, pursuant to 11 U.S.C. § 502(b)(1) and (9), that LVNV 

cannot enforce these debts against them. 

22. Debtors affirmatively assert that LVNV failed to attach the writings upon which 

LVNV’s claims are based. Pursuant to Federal Rule of Bankruptcy Procedure 3001(c)(3)(B), the 

Debtors hereby request that LVNV provide them with a copy of the writings upon which each 

claim is based, or a statement of the circumstances of the loss or destruction of such writings, 

within 30 days. 

 WHEREFORE, Debtors respectfully request that the Court sustain this Omnibus 

Objection to Claim, disallow the claims, grant Debtors leave to file a separate Motion seeking 

appropriate sanctions against LVNV including the Debtors’ reasonable attorney fees and 

expenses, and order such other and further relief as is just and proper. 

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Respectfully submitted,

 Jeffrey M. Kopf 

 Bridget F. Kopf 

 By Counsel 

 /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 February 12, 2018 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: 

LVNV Funding, LLC 

c/o Resurgent Capital Services 

P.O. Box 10587 

Greenville, SC 29603 

Jeffrey M. & Bridget F. Kopf 

9205 Mapleway Road 

Richmond, VA 23229 

 

 /s/ Mark C. Leffler 

 Counsel for Debtors 

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